94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1179

 

Introduced 02/08/05, by Rep. Angelo Saviano - Frank J. Mautino - Arthur L. Turner - William B. Black

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 80/3   from Ch. 111, par. 3903
225 ILCS 80/15.1
720 ILCS 570/102   from Ch. 56 1/2, par. 1102
720 ILCS 570/103   from Ch. 56 1/2, par. 1103

    Amends the Illinois Optometric Practice Act of 1987. Makes a technical change in a Section concerning the practice of optometry. Changes the definition of "therapeutic ocular pharmaceutical agents". Provides that medication administered by injection may be used only for the treatment of anaphylaxis. Amends the Illinois Controlled Substances Act. Adds references to optometrists in the definitions of "practitioner", "prescriber", and "prescription". Provides that nothing in the Illinois Controlled Substances Act limits the lawful authority granted by the Optometric Practice Act of 1987.


LRB094 06611 RAS 36703 b

 

 

A BILL FOR

 

HB1179 LRB094 06611 RAS 36703 b

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 Illinois Optometric Practice Act of 1987 is
5 amended by changing Sections 3 and 15.1 as follows:
 
6     (225 ILCS 80/3)  (from Ch. 111, par. 3903)
7     (Section scheduled to be repealed on January 1, 2007)
8     Sec. 3. Practice of optometry defined; referrals;
9 manufacture of lenses and prisms.
10     (a) The practice of optometry is defined as the employment
11 of any and all means for the examination, diagnosis, and
12 treatment of the human visual system, the human eye, and its
13 appendages without the use of surgery, including but not
14 limited to: the appropriate use of diagnostic ocular
15 pharmaceutical agents and therapeutic ocular pharmaceutical
16 agents; refraction and other determinants of visual function;
17 prescribing corrective lenses or prisms; prescribing,
18 dispensing, or management of contact lenses; vision therapy;
19 visual rehabilitation; or any other procedures taught in
20 schools and colleges of optometry approved by the Department,
21 and not specifically restricted in this Act, subject to
22 demonstrated competency and training as required by the Board,
23 and pursuant to rule or regulation approved by the Board and
24 adopted by the Department.
25     A person shall be deemed to be practicing optometry within
26 the meaning of this Act who:
27         (1) In any way presents himself or herself to be
28     qualified to practice optometry.
29         (2) Performs refractions or employs any other
30     determinants of visual function.
31         (3) Employs any means for the adaptation of lenses or
32     prisms.

 

 

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1         (4) Prescribes corrective lenses, prisms, vision
2     therapy, visual rehabilitation, or ocular pharmaceutical
3     agents.
4         (5) Prescribes or manages contact lenses for
5     refractive, cosmetic, or therapeutic purposes.
6         (6) Evaluates the need for, or prescribes, low vision
7     aids to partially sighted persons.
8         (7) Diagnoses or treats any ocular abnormality,
9     disease, or visual or muscular anomaly of the human eye or
10     visual system.
11         (8) Practices, or offers or attempts to practice,
12     optometry as defined in this Act either on his or her own
13     behalf or as an employee of a person, firm, or corporation,
14     whether under the supervision of his or her employer or
15     not.
16     Nothing in this Section shall be interpreted (i) to prevent
17 a person from functioning as an assistant under the direct
18 supervision of a person licensed by the State of Illinois to
19 practice optometry or medicine in all of its branches or (ii)
20 to prohibit visual screening programs that are conducted
21 without a fee (other than voluntary donations), by charitable
22 organizations acting in the public welfare under the
23 supervision of a committee composed of persons licensed by the
24 State of Illinois to practice optometry or persons licensed by
25 the State of Illinois to practice medicine in all of its
26 branches.
27     (b) When, in the course of providing optometric services to
28 any person, an optometrist licensed under this Act finds an
29 indication of a disease or condition of the eye which in his or
30 her professional judgment requires professional service
31 outside the scope of practice as defined in this Act, he or she
32 shall refer such person to a physician licensed to practice
33 medicine in all of its branches, or other appropriate health
34 care practitioner. Nothing in this Act shall preclude an
35 optometrist who is therapeutically certified from rendering
36 appropriate non-surgical nonsurgical ophthalmic emergency

 

 

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1 care.
2     (c) Nothing contained in this Section shall prohibit a
3 person from manufacturing ophthalmic lenses and prisms or the
4 fabrication of contact lenses according to the specifications
5 prescribed by an optometrist or a physician licensed to
6 practice medicine in all of its branches, but shall
7 specifically prohibit the sale or delivery of ophthalmic
8 lenses, prisms, and contact lenses without a prescription
9 signed by an optometrist or a physician licensed to practice
10 medicine in all of its branches.
11     (d) Nothing in this Act shall restrict the filling of a
12 prescription by a pharmacist licensed under the Pharmacy
13 Practice Act of 1987.
14 (Source: P.A. 90-655, eff. 7-30-99; 91-141, eff. 7-16-99.)
 
15     (225 ILCS 80/15.1)
16     (Section scheduled to be repealed on January 1, 2007)
17     Sec. 15.1. Diagnostic and therapeutic certification.
18     (a) Any licensed optometrist may apply to the Department,
19 in the form the Department may prescribe, for a certificate to
20 use diagnostic topical ocular pharmaceutical agents and the
21 Department shall certify the applicant if:
22         (1) the applicant has received appropriate training
23     and certification from a properly accredited institution
24     of higher learning for the certificate; and
25         (2) the applicant has demonstrated training and
26     competence to use diagnostic topical ocular pharmaceutical
27     agents as required by the Board pursuant to rule or
28     regulation approved by the Board and adopted by the
29     Department.
30     A certificate to use topical ocular pharmaceutical agents
31 for diagnostic purposes previously issued by the Department
32 that is current and valid on the effective date of this
33 amendatory Act of 1995 is valid until its expiration date and
34 entitles the holder of the certificate to use diagnostic
35 topical ocular pharmaceutical agents as provided in this Act.

 

 

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1     (b) Any licensed optometrist may apply to the Department,
2 in the form the Department may prescribe, for a certificate to
3 use therapeutic ocular pharmaceutical agents and the
4 Department shall certify the applicant if:
5         (1) the applicant has received a certificate to use
6     diagnostic topical ocular pharmaceutical agents under
7     subsection (a);
8         (2) the applicant has received appropriate training
9     and certification from a properly accredited institution
10     of higher learning for the certificate; and
11         (3) the applicant has demonstrated training and
12     competence to use therapeutic ocular pharmaceutical agents
13     as required by the Board pursuant to rule or regulation
14     approved by the Board and adopted by the Department.
15     All applicants for license renewal after January 1, 2006
16 must apply for and maintain certification to use therapeutic
17 ocular pharmaceutical agents.
18     (c) For purposes of the Act, "diagnostic topical ocular
19 pharmaceutical agents" means anesthetics, mydriatics,
20 cycloplegics, and miotics used for diagnostic purposes as
21 defined by the Board pursuant to rule approved by the Board and
22 adopted by the Department.
23     (d) For the purposes of the Act, "therapeutic ocular
24 pharmaceutical agents" means all drugs and pharmaceutical
25 agents appropriate for the diagnosis, treatment, and
26 management of diseases and conditions of the eye and adnexa.
27 Medication administered by injection may be used only for the
28 treatment of anaphylaxis. the following when used for
29 diagnostic or therapeutic purposes: topical anti-infective
30 agents, topical anti-allergy agents, topical anti-glaucoma
31 agents, topical anti-inflammatory agents, topical anesthetic
32 agents, over the counter agents, non-narcotic oral analgesic
33 agents, and mydriatic reversing agents.
34     (e) A licensed optometrist who is therapeutically
35 certified may remove superficial foreign bodies from the human
36 eye and adnexa.

 

 

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1     (e-5) A licensed optometrist who is therapeutically
2 certified may give orders for patient care related to the use
3 of therapeutic ocular pharmaceutical agents to a nurse licensed
4 to practice under Illinois law.
5     (f) An optometrist's certificate to use diagnostic topical
6 ocular pharmaceutical agents shall be revoked or suspended by
7 the Department upon recommendation of the Board based on the
8 misuse of any diagnostic topical ocular pharmaceutical agent.
9     (g) An optometrist's certificate to use therapeutic ocular
10 pharmaceutical agents shall be revoked or suspended by the
11 Department upon recommendation of the Board based on the misuse
12 of any therapeutic ocular pharmaceutical agent.
13     (h) An optometrist's license shall be revoked or suspended
14 by the Department upon recommendation of the Board based upon
15 either of the following causes:
16         (1) grave or repeated misuse of any diagnostic or
17     therapeutic ocular pharmaceutical agent; and
18         (2) the use of any agent or procedure in the course of
19     optometric practice by an optometrist not properly
20     certified under this Section.
21     (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10,
22 26.11, 26.14, and 26.15 of this Act shall apply to all
23 disciplinary proceedings brought under this Section.
24     (j) The Director may temporarily suspend a certificate to
25 use diagnostic topical ocular pharmaceuticals or a certificate
26 to use therapeutic ocular pharmaceuticals or a license to
27 practice optometry, without a hearing, simultaneously with the
28 institution of proceedings for a hearing based upon a violation
29 of subsection (f), (g), or (h) of this Section, if the Director
30 finds that evidence in his or her possession indicates that the
31 continued use of diagnostic topical ocular pharmaceuticals, or
32 therapeutic ocular pharmaceuticals, or continued practice of
33 optometry would constitute an immediate danger to the public.
34 In the event that the Director temporarily suspends a
35 certificate to use diagnostic topical ocular pharmaceuticals,
36 therapeutic ocular pharmaceuticals, or a license to practice

 

 

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1 optometry without a hearing, a hearing by the Board shall be
2 commenced within 15 days after suspension has occurred, and
3 concluded without appreciable delay.
4     (k) The Director of the Department of Professional
5 Regulation shall notify the Director of the Department of
6 Public Health as to the categories of ocular pharmaceutical
7 agents permitted for use by an optometrist. The Director of the
8 Department of Public Health shall in turn notify every licensed
9 pharmacist in the State of the categories of ocular
10 pharmaceutical agents that can be utilized and prescribed by an
11 optometrist.
12     (l) Nothing in this Act prohibits the use of diagnostic
13 topical ocular pharmaceutical agents or therapeutic ocular
14 pharmaceutical agents in the practice of optometry by
15 optometrists certified for such use under this Section.
16 (Source: P.A. 90-73, eff. 7-8-97; 91-141, eff. 7-16-99.)
 
17     Section 10. The Illinois Controlled Substances Act is
18 amended by changing Sections 102 and 103 as follows:
 
19     (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
20     Sec. 102. Definitions. As used in this Act, unless the
21 context otherwise requires:
22     (a) "Addict" means any person who habitually uses any drug,
23 chemical, substance or dangerous drug other than alcohol so as
24 to endanger the public morals, health, safety or welfare or who
25 is so far addicted to the use of a dangerous drug or controlled
26 substance other than alcohol as to have lost the power of self
27 control with reference to his addiction.
28     (b) "Administer" means the direct application of a
29 controlled substance, whether by injection, inhalation,
30 ingestion, or any other means, to the body of a patient,
31 research subject, or animal (as defined by the Humane
32 Euthanasia in Animal Shelters Act) by:
33         (1) a practitioner (or, in his presence, by his
34     authorized agent),

 

 

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1         (2) the patient or research subject at the lawful
2     direction of the practitioner, or
3         (3) a euthanasia technician as defined by the Humane
4     Euthanasia in Animal Shelters Act.
5     (c) "Agent" means an authorized person who acts on behalf
6 of or at the direction of a manufacturer, distributor, or
7 dispenser. It does not include a common or contract carrier,
8 public warehouseman or employee of the carrier or warehouseman.
9     (c-1) "Anabolic Steroids" means any drug or hormonal
10 substance, chemically and pharmacologically related to
11 testosterone (other than estrogens, progestins, and
12 corticosteroids) that promotes muscle growth, and includes:
13             (i) boldenone,
14             (ii) chlorotestosterone,
15             (iii) chostebol,
16             (iv) dehydrochlormethyltestosterone,
17             (v) dihydrotestosterone,
18             (vi) drostanolone,
19             (vii) ethylestrenol,
20             (viii) fluoxymesterone,
21             (ix) formebulone,
22             (x) mesterolone,
23             (xi) methandienone,
24             (xii) methandranone,
25             (xiii) methandriol,
26             (xiv) methandrostenolone,
27             (xv) methenolone,
28             (xvi) methyltestosterone,
29             (xvii) mibolerone,
30             (xviii) nandrolone,
31             (xix) norethandrolone,
32             (xx) oxandrolone,
33             (xxi) oxymesterone,
34             (xxii) oxymetholone,
35             (xxiii) stanolone,
36             (xxiv) stanozolol,

 

 

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1             (xxv) testolactone,
2             (xxvi) testosterone,
3             (xxvii) trenbolone, and
4             (xxviii) any salt, ester, or isomer of a drug or
5         substance described or listed in this paragraph, if
6         that salt, ester, or isomer promotes muscle growth.
7     Any person who is otherwise lawfully in possession of an
8 anabolic steroid, or who otherwise lawfully manufactures,
9 distributes, dispenses, delivers, or possesses with intent to
10 deliver an anabolic steroid, which anabolic steroid is
11 expressly intended for and lawfully allowed to be administered
12 through implants to livestock or other nonhuman species, and
13 which is approved by the Secretary of Health and Human Services
14 for such administration, and which the person intends to
15 administer or have administered through such implants, shall
16 not be considered to be in unauthorized possession or to
17 unlawfully manufacture, distribute, dispense, deliver, or
18 possess with intent to deliver such anabolic steroid for
19 purposes of this Act.
20     (d) "Administration" means the Drug Enforcement
21 Administration, United States Department of Justice, or its
22 successor agency.
23     (e) "Control" means to add a drug or other substance, or
24 immediate precursor, to a Schedule under Article II of this Act
25 whether by transfer from another Schedule or otherwise.
26     (f) "Controlled Substance" means a drug, substance, or
27 immediate precursor in the Schedules of Article II of this Act.
28     (g) "Counterfeit substance" means a controlled substance,
29 which, or the container or labeling of which, without
30 authorization bears the trademark, trade name, or other
31 identifying mark, imprint, number or device, or any likeness
32 thereof, of a manufacturer, distributor, or dispenser other
33 than the person who in fact manufactured, distributed, or
34 dispensed the substance.
35     (h) "Deliver" or "delivery" means the actual, constructive
36 or attempted transfer of possession of a controlled substance,

 

 

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1 with or without consideration, whether or not there is an
2 agency relationship.
3     (i) "Department" means the Illinois Department of Human
4 Services (as successor to the Department of Alcoholism and
5 Substance Abuse) or its successor agency.
6     (j) "Department of State Police" means the Department of
7 State Police of the State of Illinois or its successor agency.
8     (k) "Department of Corrections" means the Department of
9 Corrections of the State of Illinois or its successor agency.
10     (l) "Department of Professional Regulation" means the
11 Department of Professional Regulation of the State of Illinois
12 or its successor agency.
13     (m) "Depressant" or "stimulant substance" means:
14         (1) a drug which contains any quantity of (i)
15     barbituric acid or any of the salts of barbituric acid
16     which has been designated as habit forming under section
17     502 (d) of the Federal Food, Drug, and Cosmetic Act (21
18     U.S.C. 352 (d)); or
19         (2) a drug which contains any quantity of (i)
20     amphetamine or methamphetamine and any of their optical
21     isomers; (ii) any salt of amphetamine or methamphetamine or
22     any salt of an optical isomer of amphetamine; or (iii) any
23     substance which the Department, after investigation, has
24     found to be, and by rule designated as, habit forming
25     because of its depressant or stimulant effect on the
26     central nervous system; or
27         (3) lysergic acid diethylamide; or
28         (4) any drug which contains any quantity of a substance
29     which the Department, after investigation, has found to
30     have, and by rule designated as having, a potential for
31     abuse because of its depressant or stimulant effect on the
32     central nervous system or its hallucinogenic effect.
33     (n) (Blank).
34     (o) "Director" means the Director of the Department of
35 State Police or the Department of Professional Regulation or
36 his designated agents.

 

 

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1     (p) "Dispense" means to deliver a controlled substance to
2 an ultimate user or research subject by or pursuant to the
3 lawful order of a prescriber, including the prescribing,
4 administering, packaging, labeling, or compounding necessary
5 to prepare the substance for that delivery.
6     (q) "Dispenser" means a practitioner who dispenses.
7     (r) "Distribute" means to deliver, other than by
8 administering or dispensing, a controlled substance.
9     (s) "Distributor" means a person who distributes.
10     (t) "Drug" means (1) substances recognized as drugs in the
11 official United States Pharmacopoeia, Official Homeopathic
12 Pharmacopoeia of the United States, or official National
13 Formulary, or any supplement to any of them; (2) substances
14 intended for use in diagnosis, cure, mitigation, treatment, or
15 prevention of disease in man or animals; (3) substances (other
16 than food) intended to affect the structure of any function of
17 the body of man or animals and (4) substances intended for use
18 as a component of any article specified in clause (1), (2), or
19 (3) of this subsection. It does not include devices or their
20 components, parts, or accessories.
21     (t-5) "Euthanasia agency" means an entity certified by the
22 Department of Professional Regulation for the purpose of animal
23 euthanasia that holds an animal control facility license or
24 animal shelter license under the Animal Welfare Act. A
25 euthanasia agency is authorized to purchase, store, possess,
26 and utilize Schedule II nonnarcotic and Schedule III
27 nonnarcotic drugs for the sole purpose of animal euthanasia.
28     (t-10) "Euthanasia drugs" means Schedule II or Schedule III
29 substances (nonnarcotic controlled substances) that are used
30 by a euthanasia agency for the purpose of animal euthanasia.
31     (u) "Good faith" means the prescribing or dispensing of a
32 controlled substance by a practitioner in the regular course of
33 professional treatment to or for any person who is under his
34 treatment for a pathology or condition other than that
35 individual's physical or psychological dependence upon or
36 addiction to a controlled substance, except as provided herein:

 

 

HB1179 - 11 - LRB094 06611 RAS 36703 b

1 and application of the term to a pharmacist shall mean the
2 dispensing of a controlled substance pursuant to the
3 prescriber's order which in the professional judgment of the
4 pharmacist is lawful. The pharmacist shall be guided by
5 accepted professional standards including, but not limited to
6 the following, in making the judgment:
7         (1) lack of consistency of doctor-patient
8     relationship,
9         (2) frequency of prescriptions for same drug by one
10     prescriber for large numbers of patients,
11         (3) quantities beyond those normally prescribed,
12         (4) unusual dosages,
13         (5) unusual geographic distances between patient,
14     pharmacist and prescriber,
15         (6) consistent prescribing of habit-forming drugs.
16     (u-1) "Home infusion services" means services provided by a
17 pharmacy in compounding solutions for direct administration to
18 a patient in a private residence, long-term care facility, or
19 hospice setting by means of parenteral, intravenous,
20 intramuscular, subcutaneous, or intraspinal infusion.
21     (v) "Immediate precursor" means a substance:
22         (1) which the Department has found to be and by rule
23     designated as being a principal compound used, or produced
24     primarily for use, in the manufacture of a controlled
25     substance;
26         (2) which is an immediate chemical intermediary used or
27     likely to be used in the manufacture of such controlled
28     substance; and
29         (3) the control of which is necessary to prevent,
30     curtail or limit the manufacture of such controlled
31     substance.
32     (w) "Instructional activities" means the acts of teaching,
33 educating or instructing by practitioners using controlled
34 substances within educational facilities approved by the State
35 Board of Education or its successor agency.
36     (x) "Local authorities" means a duly organized State,

 

 

HB1179 - 12 - LRB094 06611 RAS 36703 b

1 County or Municipal peace unit or police force.
2     (y) "Look-alike substance" means a substance, other than a
3 controlled substance which (1) by overall dosage unit
4 appearance, including shape, color, size, markings or lack
5 thereof, taste, consistency, or any other identifying physical
6 characteristic of the substance, would lead a reasonable person
7 to believe that the substance is a controlled substance, or (2)
8 is expressly or impliedly represented to be a controlled
9 substance or is distributed under circumstances which would
10 lead a reasonable person to believe that the substance is a
11 controlled substance. For the purpose of determining whether
12 the representations made or the circumstances of the
13 distribution would lead a reasonable person to believe the
14 substance to be a controlled substance under this clause (2) of
15 subsection (y), the court or other authority may consider the
16 following factors in addition to any other factor that may be
17 relevant:
18         (a) statements made by the owner or person in control
19     of the substance concerning its nature, use or effect;
20         (b) statements made to the buyer or recipient that the
21     substance may be resold for profit;
22         (c) whether the substance is packaged in a manner
23     normally used for the illegal distribution of controlled
24     substances;
25         (d) whether the distribution or attempted distribution
26     included an exchange of or demand for money or other
27     property as consideration, and whether the amount of the
28     consideration was substantially greater than the
29     reasonable retail market value of the substance.
30     Clause (1) of this subsection (y) shall not apply to a
31 noncontrolled substance in its finished dosage form that was
32 initially introduced into commerce prior to the initial
33 introduction into commerce of a controlled substance in its
34 finished dosage form which it may substantially resemble.
35     Nothing in this subsection (y) prohibits the dispensing or
36 distributing of noncontrolled substances by persons authorized

 

 

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1 to dispense and distribute controlled substances under this
2 Act, provided that such action would be deemed to be carried
3 out in good faith under subsection (u) if the substances
4 involved were controlled substances.
5     Nothing in this subsection (y) or in this Act prohibits the
6 manufacture, preparation, propagation, compounding,
7 processing, packaging, advertising or distribution of a drug or
8 drugs by any person registered pursuant to Section 510 of the
9 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
10     (y-1) "Mail-order pharmacy" means a pharmacy that is
11 located in a state of the United States, other than Illinois,
12 that delivers, dispenses or distributes, through the United
13 States Postal Service or other common carrier, to Illinois
14 residents, any substance which requires a prescription.
15     (z) "Manufacture" means the production, preparation,
16 propagation, compounding, conversion or processing of a
17 controlled substance, either directly or indirectly, by
18 extraction from substances of natural origin, or independently
19 by means of chemical synthesis, or by a combination of
20 extraction and chemical synthesis, and includes any packaging
21 or repackaging of the substance or labeling of its container,
22 except that this term does not include:
23         (1) by an ultimate user, the preparation or compounding
24     of a controlled substance for his own use; or
25         (2) by a practitioner, or his authorized agent under
26     his supervision, the preparation, compounding, packaging,
27     or labeling of a controlled substance:
28             (a) as an incident to his administering or
29         dispensing of a controlled substance in the course of
30         his professional practice; or
31             (b) as an incident to lawful research, teaching or
32         chemical analysis and not for sale.
33     (z-1) "Methamphetamine manufacturing chemical" means any
34 of the following chemicals or substances containing any of the
35 following chemicals: benzyl methyl ketone, ephedrine, methyl
36 benzyl ketone, phenylacetone, phenyl-2-propanone,

 

 

HB1179 - 14 - LRB094 06611 RAS 36703 b

1 pseudoephedrine, or red phosphorous or any of the salts,
2 optical isomers, or salts of optical isomers of the
3 above-listed chemicals.
4     (aa) "Narcotic drug" means any of the following, whether
5 produced directly or indirectly by extraction from substances
6 of natural origin, or independently by means of chemical
7 synthesis, or by a combination of extraction and chemical
8 synthesis:
9         (1) opium and opiate, and any salt, compound,
10     derivative, or preparation of opium or opiate;
11         (2) any salt, compound, isomer, derivative, or
12     preparation thereof which is chemically equivalent or
13     identical with any of the substances referred to in clause
14     (1), but not including the isoquinoline alkaloids of opium;
15         (3) opium poppy and poppy straw;
16         (4) coca leaves and any salts, compound, isomer, salt
17     of an isomer, derivative, or preparation of coca leaves
18     including cocaine or ecgonine, and any salt, compound,
19     isomer, derivative, or preparation thereof which is
20     chemically equivalent or identical with any of these
21     substances, but not including decocainized coca leaves or
22     extractions of coca leaves which do not contain cocaine or
23     ecgonine (for the purpose of this paragraph, the term
24     "isomer" includes optical, positional and geometric
25     isomers).
26     (bb) "Nurse" means a registered nurse licensed under the
27 Nursing and Advanced Practice Nursing Act.
28     (cc) (Blank).
29     (dd) "Opiate" means any substance having an addiction
30 forming or addiction sustaining liability similar to morphine
31 or being capable of conversion into a drug having addiction
32 forming or addiction sustaining liability.
33     (ee) "Opium poppy" means the plant of the species Papaver
34 somniferum L., except its seeds.
35     (ff) "Parole and Pardon Board" means the Parole and Pardon
36 Board of the State of Illinois or its successor agency.

 

 

HB1179 - 15 - LRB094 06611 RAS 36703 b

1     (gg) "Person" means any individual, corporation,
2 mail-order pharmacy, government or governmental subdivision or
3 agency, business trust, estate, trust, partnership or
4 association, or any other entity.
5     (hh) "Pharmacist" means any person who holds a certificate
6 of registration as a registered pharmacist, a local registered
7 pharmacist or a registered assistant pharmacist under the
8 Pharmacy Practice Act of 1987.
9     (ii) "Pharmacy" means any store, ship or other place in
10 which pharmacy is authorized to be practiced under the Pharmacy
11 Practice Act of 1987.
12     (jj) "Poppy straw" means all parts, except the seeds, of
13 the opium poppy, after mowing.
14     (kk) "Practitioner" means a physician licensed to practice
15 medicine in all its branches, dentist, optometrist,
16 podiatrist, veterinarian, scientific investigator, pharmacist,
17 physician assistant, advanced practice nurse, licensed
18 practical nurse, registered nurse, hospital, laboratory, or
19 pharmacy, or other person licensed, registered, or otherwise
20 lawfully permitted by the United States or this State to
21 distribute, dispense, conduct research with respect to,
22 administer or use in teaching or chemical analysis, a
23 controlled substance in the course of professional practice or
24 research.
25     (ll) "Pre-printed prescription" means a written
26 prescription upon which the designated drug has been indicated
27 prior to the time of issuance.
28     (mm) "Prescriber" means a physician licensed to practice
29 medicine in all its branches, dentist, optometrist,
30 podiatrist, or veterinarian who issues a prescription, a
31 physician assistant who issues a prescription for a Schedule
32 III, IV, or V controlled substance in accordance with Section
33 303.05 and the written guidelines required under Section 7.5 of
34 the Physician Assistant Practice Act of 1987, or an advanced
35 practice nurse with prescriptive authority in accordance with
36 Section 303.05 and a written collaborative agreement under

 

 

HB1179 - 16 - LRB094 06611 RAS 36703 b

1 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
2 Nursing Act.
3     (nn) "Prescription" means a lawful written, facsimile, or
4 verbal order of a physician licensed to practice medicine in
5 all its branches, dentist, optometrist, podiatrist, or
6 veterinarian for any controlled substance, of a physician
7 assistant for a Schedule III, IV, or V controlled substance in
8 accordance with Section 303.05 and the written guidelines
9 required under Section 7.5 of the Physician Assistant Practice
10 Act of 1987, or of an advanced practice nurse who issues a
11 prescription for a Schedule III, IV, or V controlled substance
12 in accordance with Section 303.05 and a written collaborative
13 agreement under Sections 15-15 and 15-20 of the Nursing and
14 Advanced Practice Nursing Act.
15     (oo) "Production" or "produce" means manufacture,
16 planting, cultivating, growing, or harvesting of a controlled
17 substance.
18     (pp) "Registrant" means every person who is required to
19 register under Section 302 of this Act.
20     (qq) "Registry number" means the number assigned to each
21 person authorized to handle controlled substances under the
22 laws of the United States and of this State.
23     (rr) "State" includes the State of Illinois and any state,
24 district, commonwealth, territory, insular possession thereof,
25 and any area subject to the legal authority of the United
26 States of America.
27     (ss) "Ultimate user" means a person who lawfully possesses
28 a controlled substance for his own use or for the use of a
29 member of his household or for administering to an animal owned
30 by him or by a member of his household.
31 (Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03;
32 93-626, eff. 12-23-03.)
 
33     (720 ILCS 570/103)  (from Ch. 56 1/2, par. 1103)
34     Sec. 103. Scope of Act. Nothing in this Act limits the
35 lawful authority granted by the Medical Practice Act of 1987,

 

 

HB1179 - 17 - LRB094 06611 RAS 36703 b

1 the Nursing and Advanced Practice Nursing Act, the Illinois
2 Optometric Practice Act of 1987, or the Pharmacy Practice Act
3 of 1987.
4 (Source: P.A. 90-742, eff. 8-13-98.)