94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2239

 

Introduced 1/11/2006, by Sen. Carol Ronen

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 65/15-20
225 ILCS 85/4   from Ch. 111, par. 4124
225 ILCS 95/7.5
720 ILCS 570/102   from Ch. 56 1/2, par. 1102
720 ILCS 570/303.05
720 ILCS 570/410   from Ch. 56 1/2, par. 1410

    Amends the Nursing and Advanced Practice Nursing Act. Adds Schedule II controlled substances to the list of controlled substances that an advanced practice nurse must obtain a mid-level practitioner controlled substance license for in order to prescribe. Amends the Pharmacy Practice Act of 1987. Exempts the delegation of limited prescriptive authority regarding Schedule II controlled substances by a physician licensed to practice medicine in all its branches to a physician assistant from the Act. Amends the Physician Assistant Practice Act of 1987 to allow physicians assistants with delegated prescriptive authority to prescribe Schedule II controlled substances. Amends the Illinois Controlled Substances Act. Adds a physician assistant who issues a prescription for a Schedule II controlled substance to the definition of "prescriber". Adds Schedule II controlled substances to the list of controlled substances that the Department of Financial and Professional Regulation must register licensed physician assistants and licensed advanced practice nurses to prescribe and dispense. Provides that when a person meeting certain requirements pleads guilty to or is found guilty of possession of a controlled or counterfeit substance and is sentenced to probation, the court may require that person to refrain from having in his or her body the presence of certain illicit drugs, unless prescribed by a physician or an advanced practice nurse or physician assistant meeting certain requirements (now, only excepts those drugs prescribed by a physician). Effective immediately.


LRB094 15342 RAS 50533 b

 

 

A BILL FOR

 

SB2239 LRB094 15342 RAS 50533 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 Nursing and Advanced Practice Nursing Act is
5 amended by changing Section 15-20 as follows:
 
6     (225 ILCS 65/15-20)
7     (Section scheduled to be repealed on January 1, 2008)
8     Sec. 15-20. Prescriptive authority.
9     (a) A collaborating physician may, but is not required to,
10 delegate limited prescriptive authority to an advanced
11 practice nurse as part of a written collaborative agreement.
12 This authority may, but is not required to, include
13 prescription and dispensing of legend drugs and legend
14 controlled substances categorized as Schedule II, III, IV, or V
15 controlled substances, as defined in Article II of the Illinois
16 Controlled Substances Act.
17     (b) To prescribe Schedule II, III, IV, or V controlled
18 substances under this Section, an advanced practice nurse must
19 obtain a mid-level practitioner controlled substance license.
20 Medication orders shall be reviewed periodically by the
21 collaborating physician.
22     (c) The collaborating physician shall file with the
23 Department notice of delegation of prescriptive authority and
24 termination of such delegation, in accordance with rules of the
25 Department. Upon receipt of this notice delegating authority to
26 prescribe Schedule II, III, IV, or V controlled substances, the
27 licensed advanced practice nurse shall be eligible to register
28 for a mid-level practitioner controlled substance license
29 under Section 303.05 of the Illinois Controlled Substances Act.
30     (d) Nothing in this Act shall be construed to limit the
31 delegation of tasks or duties by a physician to a licensed
32 practical nurse, a registered professional nurse, or other

 

 

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1 personnel.
2 (Source: P.A. 90-742, eff. 8-13-98; 90-818, eff. 3-23-99.)
 
3     Section 10. The Pharmacy Practice Act of 1987 is amended by
4 changing Section 4 as follows:
 
5     (225 ILCS 85/4)  (from Ch. 111, par. 4124)
6     (Section scheduled to be repealed on January 1, 2008)
7     Sec. 4. Exemptions. Nothing contained in any Section of
8 this Act shall apply to, or in any manner interfere with:
9     (a) the lawful practice of any physician licensed to
10 practice medicine in all of its branches, dentist, podiatrist,
11 veterinarian, or therapeutically or diagnostically certified
12 optometrist within the limits of his or her license, or prevent
13 him or her from supplying to his or her bona fide patients such
14 drugs, medicines, or poisons as may seem to him appropriate;
15     (b) the sale of compressed gases;
16     (c) the sale of patent or proprietary medicines and
17 household remedies when sold in original and unbroken packages
18 only, if such patent or proprietary medicines and household
19 remedies be properly and adequately labeled as to content and
20 usage and generally considered and accepted as harmless and
21 nonpoisonous when used according to the directions on the
22 label, and also do not contain opium or coca leaves, or any
23 compound, salt or derivative thereof, or any drug which,
24 according to the latest editions of the following authoritative
25 pharmaceutical treatises and standards, namely, The United
26 States Pharmacopoeia/National Formulary (USP/NF), the United
27 States Dispensatory, and the Accepted Dental Remedies of the
28 Council of Dental Therapeutics of the American Dental
29 Association or any or either of them, in use on the effective
30 date of this Act, or according to the existing provisions of
31 the Federal Food, Drug, and Cosmetic Act and Regulations of the
32 Department of Health and Human Services, Food and Drug
33 Administration, promulgated thereunder now in effect, is
34 designated, described or considered as a narcotic, hypnotic,

 

 

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1 habit forming, dangerous, or poisonous drug;
2     (d) the sale of poultry and livestock remedies in original
3 and unbroken packages only, labeled for poultry and livestock
4 medication;
5     (e) the sale of poisonous substances or mixture of
6 poisonous substances, in unbroken packages, for nonmedicinal
7 use in the arts or industries or for insecticide purposes;
8 provided, they are properly and adequately labeled as to
9 content and such nonmedicinal usage, in conformity with the
10 provisions of all applicable federal, state and local laws and
11 regulations promulgated thereunder now in effect relating
12 thereto and governing the same, and those which are required
13 under such applicable laws and regulations to be labeled with
14 the word "Poison", are also labeled with the word "Poison"
15 printed thereon in prominent type and the name of a readily
16 obtainable antidote with directions for its administration;
17     (f) the delegation of limited prescriptive authority by a
18 physician licensed to practice medicine in all its branches to
19 a physician assistant under Section 7.5 of the Physician
20 Assistant Practice Act of 1987. This delegated authority may
21 but is not required to include prescription of Schedule II,
22 III, IV, or V controlled substances, as defined in Article II
23 of the Illinois Controlled Substances Act, in accordance with
24 written guidelines under Section 7.5 of the Physician Assistant
25 Practice Act of 1987; and
26     (g) The delegation of limited prescriptive authority by a
27 physician licensed to practice medicine in all its branches to
28 an advanced practice nurse in accordance with a written
29 collaborative agreement under Sections 15-15 and 15-20 of the
30 Nursing and Advanced Practice Nursing Act. This delegated
31 authority may but is not required to include the prescription
32 of Schedule II, III, IV, or V controlled substances as defined
33 in Article II of the Illinois Controlled Substances Act.
34 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
35 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
 

 

 

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1     Section 15. The Physician Assistant Practice Act of 1987 is
2 amended by changing Section 7.5 as follows:
 
3     (225 ILCS 95/7.5)
4     (Section scheduled to be repealed on January 1, 2008)
5     Sec. 7.5. Prescriptions. A supervising physician may
6 delegate limited prescriptive authority to a physician
7 assistant. This authority may, but is not required to, include
8 prescription and dispensing of legend drugs and legend
9 controlled substances categorized as Schedule II, III, IV, or V
10 controlled substances, as defined in Article II of the Illinois
11 Controlled Substances Act, as delegated in the written
12 guidelines required by this Act. To prescribe Schedule II, III,
13 IV, or V controlled substances under this Section, a physician
14 assistant must obtain a mid-level practitioner controlled
15 substances license. Medication orders issued by a physician
16 assistant shall be reviewed periodically by the supervising
17 physician. The supervising physician shall file with the
18 Department notice of delegation of prescriptive authority to a
19 physician assistant and termination of delegation, specifying
20 the authority delegated or terminated. Upon receipt of this
21 notice delegating authority to prescribe Schedule II, III, IV,
22 or V controlled substances, the physician assistant shall be
23 eligible to register for a mid-level practitioner controlled
24 substances license under Section 303.05 of the Illinois
25 Controlled Substances Act. Nothing in this Act shall be
26 construed to limit the delegation of tasks or duties by the
27 supervising physician to a nurse or other appropriately trained
28 personnel.
29     The Department shall establish by rule the minimum
30 requirements for written guidelines to be followed under this
31 Section.
32 (Source: P.A. 90-116, eff. 7-14-97; 90-818, eff. 3-23-99.)
 
33     Section 20. The Illinois Controlled Substances Act is
34 amended by changing Sections 102, 303.05, and 410 as follows:
 

 

 

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1     (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
2     Sec. 102. Definitions. As used in this Act, unless the
3 context otherwise requires:
4     (a) "Addict" means any person who habitually uses any drug,
5 chemical, substance or dangerous drug other than alcohol so as
6 to endanger the public morals, health, safety or welfare or who
7 is so far addicted to the use of a dangerous drug or controlled
8 substance other than alcohol as to have lost the power of self
9 control with reference to his addiction.
10     (b) "Administer" means the direct application of a
11 controlled substance, whether by injection, inhalation,
12 ingestion, or any other means, to the body of a patient,
13 research subject, or animal (as defined by the Humane
14 Euthanasia in Animal Shelters Act) by:
15         (1) a practitioner (or, in his presence, by his
16     authorized agent),
17         (2) the patient or research subject at the lawful
18     direction of the practitioner, or
19         (3) a euthanasia technician as defined by the Humane
20     Euthanasia in Animal Shelters Act.
21     (c) "Agent" means an authorized person who acts on behalf
22 of or at the direction of a manufacturer, distributor, or
23 dispenser. It does not include a common or contract carrier,
24 public warehouseman or employee of the carrier or warehouseman.
25     (c-1) "Anabolic Steroids" means any drug or hormonal
26 substance, chemically and pharmacologically related to
27 testosterone (other than estrogens, progestins, and
28 corticosteroids) that promotes muscle growth, and includes:
29             (i) boldenone,
30             (ii) chlorotestosterone,
31             (iii) chostebol,
32             (iv) dehydrochlormethyltestosterone,
33             (v) dihydrotestosterone,
34             (vi) drostanolone,
35             (vii) ethylestrenol,

 

 

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1             (viii) fluoxymesterone,
2             (ix) formebulone,
3             (x) mesterolone,
4             (xi) methandienone,
5             (xii) methandranone,
6             (xiii) methandriol,
7             (xiv) methandrostenolone,
8             (xv) methenolone,
9             (xvi) methyltestosterone,
10             (xvii) mibolerone,
11             (xviii) nandrolone,
12             (xix) norethandrolone,
13             (xx) oxandrolone,
14             (xxi) oxymesterone,
15             (xxii) oxymetholone,
16             (xxiii) stanolone,
17             (xxiv) stanozolol,
18             (xxv) testolactone,
19             (xxvi) testosterone,
20             (xxvii) trenbolone, and
21             (xxviii) any salt, ester, or isomer of a drug or
22         substance described or listed in this paragraph, if
23         that salt, ester, or isomer promotes muscle growth.
24     Any person who is otherwise lawfully in possession of an
25 anabolic steroid, or who otherwise lawfully manufactures,
26 distributes, dispenses, delivers, or possesses with intent to
27 deliver an anabolic steroid, which anabolic steroid is
28 expressly intended for and lawfully allowed to be administered
29 through implants to livestock or other nonhuman species, and
30 which is approved by the Secretary of Health and Human Services
31 for such administration, and which the person intends to
32 administer or have administered through such implants, shall
33 not be considered to be in unauthorized possession or to
34 unlawfully manufacture, distribute, dispense, deliver, or
35 possess with intent to deliver such anabolic steroid for
36 purposes of this Act.

 

 

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1     (d) "Administration" means the Drug Enforcement
2 Administration, United States Department of Justice, or its
3 successor agency.
4     (e) "Control" means to add a drug or other substance, or
5 immediate precursor, to a Schedule under Article II of this Act
6 whether by transfer from another Schedule or otherwise.
7     (f) "Controlled Substance" means a drug, substance, or
8 immediate precursor in the Schedules of Article II of this Act.
9     (g) "Counterfeit substance" means a controlled substance,
10 which, or the container or labeling of which, without
11 authorization bears the trademark, trade name, or other
12 identifying mark, imprint, number or device, or any likeness
13 thereof, of a manufacturer, distributor, or dispenser other
14 than the person who in fact manufactured, distributed, or
15 dispensed the substance.
16     (h) "Deliver" or "delivery" means the actual, constructive
17 or attempted transfer of possession of a controlled substance,
18 with or without consideration, whether or not there is an
19 agency relationship.
20     (i) "Department" means the Illinois Department of Human
21 Services (as successor to the Department of Alcoholism and
22 Substance Abuse) or its successor agency.
23     (j) "Department of State Police" means the Department of
24 State Police of the State of Illinois or its successor agency.
25     (k) "Department of Corrections" means the Department of
26 Corrections of the State of Illinois or its successor agency.
27     (l) "Department of Professional Regulation" means the
28 Department of Professional Regulation of the State of Illinois
29 or its successor agency.
30     (m) "Depressant" or "stimulant substance" means:
31         (1) a drug which contains any quantity of (i)
32     barbituric acid or any of the salts of barbituric acid
33     which has been designated as habit forming under section
34     502 (d) of the Federal Food, Drug, and Cosmetic Act (21
35     U.S.C. 352 (d)); or
36         (2) a drug which contains any quantity of (i)

 

 

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1     amphetamine or methamphetamine and any of their optical
2     isomers; (ii) any salt of amphetamine or methamphetamine or
3     any salt of an optical isomer of amphetamine; or (iii) any
4     substance which the Department, after investigation, has
5     found to be, and by rule designated as, habit forming
6     because of its depressant or stimulant effect on the
7     central nervous system; or
8         (3) lysergic acid diethylamide; or
9         (4) any drug which contains any quantity of a substance
10     which the Department, after investigation, has found to
11     have, and by rule designated as having, a potential for
12     abuse because of its depressant or stimulant effect on the
13     central nervous system or its hallucinogenic effect.
14     (n) (Blank).
15     (o) "Director" means the Director of the Department of
16 State Police or the Department of Professional Regulation or
17 his designated agents.
18     (p) "Dispense" means to deliver a controlled substance to
19 an ultimate user or research subject by or pursuant to the
20 lawful order of a prescriber, including the prescribing,
21 administering, packaging, labeling, or compounding necessary
22 to prepare the substance for that delivery.
23     (q) "Dispenser" means a practitioner who dispenses.
24     (r) "Distribute" means to deliver, other than by
25 administering or dispensing, a controlled substance.
26     (s) "Distributor" means a person who distributes.
27     (t) "Drug" means (1) substances recognized as drugs in the
28 official United States Pharmacopoeia, Official Homeopathic
29 Pharmacopoeia of the United States, or official National
30 Formulary, or any supplement to any of them; (2) substances
31 intended for use in diagnosis, cure, mitigation, treatment, or
32 prevention of disease in man or animals; (3) substances (other
33 than food) intended to affect the structure of any function of
34 the body of man or animals and (4) substances intended for use
35 as a component of any article specified in clause (1), (2), or
36 (3) of this subsection. It does not include devices or their

 

 

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1 components, parts, or accessories.
2     (t-5) "Euthanasia agency" means an entity certified by the
3 Department of Professional Regulation for the purpose of animal
4 euthanasia that holds an animal control facility license or
5 animal shelter license under the Animal Welfare Act. A
6 euthanasia agency is authorized to purchase, store, possess,
7 and utilize Schedule II nonnarcotic and Schedule III
8 nonnarcotic drugs for the sole purpose of animal euthanasia.
9     (t-10) "Euthanasia drugs" means Schedule II or Schedule III
10 substances (nonnarcotic controlled substances) that are used
11 by a euthanasia agency for the purpose of animal euthanasia.
12     (u) "Good faith" means the prescribing or dispensing of a
13 controlled substance by a practitioner in the regular course of
14 professional treatment to or for any person who is under his
15 treatment for a pathology or condition other than that
16 individual's physical or psychological dependence upon or
17 addiction to a controlled substance, except as provided herein:
18 and application of the term to a pharmacist shall mean the
19 dispensing of a controlled substance pursuant to the
20 prescriber's order which in the professional judgment of the
21 pharmacist is lawful. The pharmacist shall be guided by
22 accepted professional standards including, but not limited to
23 the following, in making the judgment:
24         (1) lack of consistency of doctor-patient
25     relationship,
26         (2) frequency of prescriptions for same drug by one
27     prescriber for large numbers of patients,
28         (3) quantities beyond those normally prescribed,
29         (4) unusual dosages,
30         (5) unusual geographic distances between patient,
31     pharmacist and prescriber,
32         (6) consistent prescribing of habit-forming drugs.
33     (u-1) "Home infusion services" means services provided by a
34 pharmacy in compounding solutions for direct administration to
35 a patient in a private residence, long-term care facility, or
36 hospice setting by means of parenteral, intravenous,

 

 

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1 intramuscular, subcutaneous, or intraspinal infusion.
2     (v) "Immediate precursor" means a substance:
3         (1) which the Department has found to be and by rule
4     designated as being a principal compound used, or produced
5     primarily for use, in the manufacture of a controlled
6     substance;
7         (2) which is an immediate chemical intermediary used or
8     likely to be used in the manufacture of such controlled
9     substance; and
10         (3) the control of which is necessary to prevent,
11     curtail or limit the manufacture of such controlled
12     substance.
13     (w) "Instructional activities" means the acts of teaching,
14 educating or instructing by practitioners using controlled
15 substances within educational facilities approved by the State
16 Board of Education or its successor agency.
17     (x) "Local authorities" means a duly organized State,
18 County or Municipal peace unit or police force.
19     (y) "Look-alike substance" means a substance, other than a
20 controlled substance which (1) by overall dosage unit
21 appearance, including shape, color, size, markings or lack
22 thereof, taste, consistency, or any other identifying physical
23 characteristic of the substance, would lead a reasonable person
24 to believe that the substance is a controlled substance, or (2)
25 is expressly or impliedly represented to be a controlled
26 substance or is distributed under circumstances which would
27 lead a reasonable person to believe that the substance is a
28 controlled substance. For the purpose of determining whether
29 the representations made or the circumstances of the
30 distribution would lead a reasonable person to believe the
31 substance to be a controlled substance under this clause (2) of
32 subsection (y), the court or other authority may consider the
33 following factors in addition to any other factor that may be
34 relevant:
35         (a) statements made by the owner or person in control
36     of the substance concerning its nature, use or effect;

 

 

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1         (b) statements made to the buyer or recipient that the
2     substance may be resold for profit;
3         (c) whether the substance is packaged in a manner
4     normally used for the illegal distribution of controlled
5     substances;
6         (d) whether the distribution or attempted distribution
7     included an exchange of or demand for money or other
8     property as consideration, and whether the amount of the
9     consideration was substantially greater than the
10     reasonable retail market value of the substance.
11     Clause (1) of this subsection (y) shall not apply to a
12 noncontrolled substance in its finished dosage form that was
13 initially introduced into commerce prior to the initial
14 introduction into commerce of a controlled substance in its
15 finished dosage form which it may substantially resemble.
16     Nothing in this subsection (y) prohibits the dispensing or
17 distributing of noncontrolled substances by persons authorized
18 to dispense and distribute controlled substances under this
19 Act, provided that such action would be deemed to be carried
20 out in good faith under subsection (u) if the substances
21 involved were controlled substances.
22     Nothing in this subsection (y) or in this Act prohibits the
23 manufacture, preparation, propagation, compounding,
24 processing, packaging, advertising or distribution of a drug or
25 drugs by any person registered pursuant to Section 510 of the
26 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
27     (y-1) "Mail-order pharmacy" means a pharmacy that is
28 located in a state of the United States, other than Illinois,
29 that delivers, dispenses or distributes, through the United
30 States Postal Service or other common carrier, to Illinois
31 residents, any substance which requires a prescription.
32     (z) "Manufacture" means the production, preparation,
33 propagation, compounding, conversion or processing of a
34 controlled substance other than methamphetamine, either
35 directly or indirectly, by extraction from substances of
36 natural origin, or independently by means of chemical

 

 

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1 synthesis, or by a combination of extraction and chemical
2 synthesis, and includes any packaging or repackaging of the
3 substance or labeling of its container, except that this term
4 does not include:
5         (1) by an ultimate user, the preparation or compounding
6     of a controlled substance for his own use; or
7         (2) by a practitioner, or his authorized agent under
8     his supervision, the preparation, compounding, packaging,
9     or labeling of a controlled substance:
10             (a) as an incident to his administering or
11         dispensing of a controlled substance in the course of
12         his professional practice; or
13             (b) as an incident to lawful research, teaching or
14         chemical analysis and not for sale.
15     (z-1) (Blank).
16     (aa) "Narcotic drug" means any of the following, whether
17 produced directly or indirectly by extraction from substances
18 of natural origin, or independently by means of chemical
19 synthesis, or by a combination of extraction and chemical
20 synthesis:
21         (1) opium and opiate, and any salt, compound,
22     derivative, or preparation of opium or opiate;
23         (2) any salt, compound, isomer, derivative, or
24     preparation thereof which is chemically equivalent or
25     identical with any of the substances referred to in clause
26     (1), but not including the isoquinoline alkaloids of opium;
27         (3) opium poppy and poppy straw;
28         (4) coca leaves and any salts, compound, isomer, salt
29     of an isomer, derivative, or preparation of coca leaves
30     including cocaine or ecgonine, and any salt, compound,
31     isomer, derivative, or preparation thereof which is
32     chemically equivalent or identical with any of these
33     substances, but not including decocainized coca leaves or
34     extractions of coca leaves which do not contain cocaine or
35     ecgonine (for the purpose of this paragraph, the term
36     "isomer" includes optical, positional and geometric

 

 

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1     isomers).
2     (bb) "Nurse" means a registered nurse licensed under the
3 Nursing and Advanced Practice Nursing Act.
4     (cc) (Blank).
5     (dd) "Opiate" means any substance having an addiction
6 forming or addiction sustaining liability similar to morphine
7 or being capable of conversion into a drug having addiction
8 forming or addiction sustaining liability.
9     (ee) "Opium poppy" means the plant of the species Papaver
10 somniferum L., except its seeds.
11     (ff) "Parole and Pardon Board" means the Parole and Pardon
12 Board of the State of Illinois or its successor agency.
13     (gg) "Person" means any individual, corporation,
14 mail-order pharmacy, government or governmental subdivision or
15 agency, business trust, estate, trust, partnership or
16 association, or any other entity.
17     (hh) "Pharmacist" means any person who holds a certificate
18 of registration as a registered pharmacist, a local registered
19 pharmacist or a registered assistant pharmacist under the
20 Pharmacy Practice Act of 1987.
21     (ii) "Pharmacy" means any store, ship or other place in
22 which pharmacy is authorized to be practiced under the Pharmacy
23 Practice Act of 1987.
24     (jj) "Poppy straw" means all parts, except the seeds, of
25 the opium poppy, after mowing.
26     (kk) "Practitioner" means a physician licensed to practice
27 medicine in all its branches, dentist, podiatrist,
28 veterinarian, scientific investigator, pharmacist, physician
29 assistant, advanced practice nurse, licensed practical nurse,
30 registered nurse, hospital, laboratory, or pharmacy, or other
31 person licensed, registered, or otherwise lawfully permitted
32 by the United States or this State to distribute, dispense,
33 conduct research with respect to, administer or use in teaching
34 or chemical analysis, a controlled substance in the course of
35 professional practice or research.
36     (ll) "Pre-printed prescription" means a written

 

 

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1 prescription upon which the designated drug has been indicated
2 prior to the time of issuance.
3     (mm) "Prescriber" means a physician licensed to practice
4 medicine in all its branches, dentist, podiatrist or
5 veterinarian who issues a prescription, a physician assistant
6 who issues a prescription for a Schedule II, III, IV, or V
7 controlled substance in accordance with Section 303.05 and the
8 written guidelines required under Section 7.5 of the Physician
9 Assistant Practice Act of 1987, or an advanced practice nurse
10 with prescriptive authority in accordance with Section 303.05
11 and a written collaborative agreement under Sections 15-15 and
12 15-20 of the Nursing and Advanced Practice Nursing Act.
13     (nn) "Prescription" means a lawful written, facsimile, or
14 verbal order of a physician licensed to practice medicine in
15 all its branches, dentist, podiatrist or veterinarian for any
16 controlled substance, of a physician assistant for a Schedule
17 II, III, IV, or V controlled substance in accordance with
18 Section 303.05 and the written guidelines required under
19 Section 7.5 of the Physician Assistant Practice Act of 1987, or
20 of an advanced practice nurse who issues a prescription for a
21 Schedule II, III, IV, or V controlled substance in accordance
22 with Section 303.05 and a written collaborative agreement under
23 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
24 Nursing Act.
25     (oo) "Production" or "produce" means manufacture,
26 planting, cultivating, growing, or harvesting of a controlled
27 substance other than methamphetamine.
28     (pp) "Registrant" means every person who is required to
29 register under Section 302 of this Act.
30     (qq) "Registry number" means the number assigned to each
31 person authorized to handle controlled substances under the
32 laws of the United States and of this State.
33     (rr) "State" includes the State of Illinois and any state,
34 district, commonwealth, territory, insular possession thereof,
35 and any area subject to the legal authority of the United
36 States of America.

 

 

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1     (ss) "Ultimate user" means a person who lawfully possesses
2 a controlled substance for his own use or for the use of a
3 member of his household or for administering to an animal owned
4 by him or by a member of his household.
5 (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03;
6 94-556, eff. 9-11-05.)
 
7     (720 ILCS 570/303.05)
8     Sec. 303.05. Mid-level practitioner registration.
9     (a) The Department of Professional Regulation shall
10 register licensed physician assistants and licensed advanced
11 practice nurses to prescribe and dispense Schedule II, III, IV,
12 or V controlled substances under Section 303 and euthanasia
13 agencies to purchase, store, or administer euthanasia drugs
14 under the following circumstances:
15         (1) with respect to physician assistants or advanced
16     practice nurses,
17             (A) the physician assistant or advanced practice
18         nurse has been delegated prescriptive authority by a
19         physician licensed to practice medicine in all its
20         branches in accordance with Section 7.5 of the
21         Physician Assistant Practice Act of 1987 or Section
22         15-20 of the Nursing and Advanced Practice Nursing Act;
23         and
24             (B) the physician assistant or advanced practice
25         nurse has completed the appropriate application forms
26         and has paid the required fees as set by rule; or
27         (2) with respect to euthanasia agencies, the
28     euthanasia agency has obtained a license from the
29     Department of Professional Regulation and obtained a
30     registration number from the Department.
31     (b) The mid-level practitioner shall only be licensed to
32 prescribe those schedules of controlled substances for which a
33 licensed physician has delegated prescriptive authority,
34 except that a euthanasia agency does not have any prescriptive
35 authority.

 

 

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1     (c) Upon completion of all registration requirements,
2 physician assistants, advanced practice nurses, and euthanasia
3 agencies shall be issued a mid-level practitioner controlled
4 substances license for Illinois.
5 (Source: P.A. 93-626, eff. 12-23-03.)
 
6     (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
7     Sec. 410. (a) Whenever any person who has not previously
8 been convicted of, or placed on probation or court supervision
9 for any offense under this Act or any law of the United States
10 or of any State relating to cannabis or controlled substances,
11 pleads guilty to or is found guilty of possession of a
12 controlled or counterfeit substance under subsection (c) of
13 Section 402, the court, without entering a judgment and with
14 the consent of such person, may sentence him to probation.
15     (b) When a person is placed on probation, the court shall
16 enter an order specifying a period of probation of 24 months
17 and shall defer further proceedings in the case until the
18 conclusion of the period or until the filing of a petition
19 alleging violation of a term or condition of probation.
20     (c) The conditions of probation shall be that the person:
21 (1) not violate any criminal statute of any jurisdiction; (2)
22 refrain from possessing a firearm or other dangerous weapon;
23 (3) submit to periodic drug testing at a time and in a manner
24 as ordered by the court, but no less than 3 times during the
25 period of the probation, with the cost of the testing to be
26 paid by the probationer; and (4) perform no less than 30 hours
27 of community service, provided community service is available
28 in the jurisdiction and is funded and approved by the county
29 board.
30     (d) The court may, in addition to other conditions, require
31 that the person:
32         (1) make a report to and appear in person before or
33     participate with the court or such courts, person, or
34     social service agency as directed by the court in the order
35     of probation;

 

 

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1         (2) pay a fine and costs;
2         (3) work or pursue a course of study or vocational
3     training;
4         (4) undergo medical or psychiatric treatment; or
5     treatment or rehabilitation approved by the Illinois
6     Department of Human Services;
7         (5) attend or reside in a facility established for the
8     instruction or residence of defendants on probation;
9         (6) support his dependents;
10         (6-5) refrain from having in his or her body the
11     presence of any illicit drug prohibited by the Cannabis
12     Control Act, the Illinois Controlled Substances Act, or the
13     Methamphetamine Control and Community Protection Act,
14     unless prescribed by a physician, an advanced practice
15     nurse who has a written collaborative agreement in
16     accordance with Sections 15-15 and 15-20 of the Nursing and
17     Advanced Practice Nursing Act and is authorized to
18     prescribe controlled substances under Section 303.05 of
19     this Act, or a physician assistant who is authorized to
20     prescribe controlled substances in accordance with Section
21     303.05 of this Act and the written guidelines required
22     under Section 7.5 of the Physician Assistant Practice Act
23     of 1987, and submit samples of his or her blood or urine or
24     both for tests to determine the presence of any illicit
25     drug;
26         (7) and in addition, if a minor:
27             (i) reside with his parents or in a foster home;
28             (ii) attend school;
29             (iii) attend a non-residential program for youth;
30             (iv) contribute to his own support at home or in a
31         foster home.
32     (e) Upon violation of a term or condition of probation, the
33 court may enter a judgment on its original finding of guilt and
34 proceed as otherwise provided.
35     (f) Upon fulfillment of the terms and conditions of
36 probation, the court shall discharge the person and dismiss the

 

 

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1 proceedings against him.
2     (g) A disposition of probation is considered to be a
3 conviction for the purposes of imposing the conditions of
4 probation and for appeal, however, discharge and dismissal
5 under this Section is not a conviction for purposes of this Act
6 or for purposes of disqualifications or disabilities imposed by
7 law upon conviction of a crime.
8     (h) There may be only one discharge and dismissal under
9 this Section, Section 10 of the Cannabis Control Act, or
10 Section 70 of the Methamphetamine Control and Community
11 Protection Act with respect to any person.
12     (i) If a person is convicted of an offense under this Act,
13 the Cannabis Control Act, or the Methamphetamine Control and
14 Community Protection Act within 5 years subsequent to a
15 discharge and dismissal under this Section, the discharge and
16 dismissal under this Section shall be admissible in the
17 sentencing proceeding for that conviction as evidence in
18 aggravation.
19 (Source: P.A. 94-556, eff. 9-11-05.)
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.