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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1366
Introduced 2/21/2007, by Rep. Angelo Saviano - Sandra M. Pihos - Elga L. Jefferies SYNOPSIS AS INTRODUCED: |
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225 ILCS 80/15.1 |
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720 ILCS 570/102 |
from Ch. 56 1/2, par. 1102 |
720 ILCS 570/103 |
from Ch. 56 1/2, par. 1103 |
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Amends the Illinois Optometric Practice Act of 1987. Makes changes to the definition of "ocular pharmaceutical
agents". Amends the Illinois Controlled Substances Act. Includes optometrists in the definitions of "practitioner", "prescriber", and "prescription" and in a provision concerning the scope of the Act.
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A BILL FOR
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HB1366 |
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LRB095 04320 RAS 24361 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Optometric Practice Act of 1987 is |
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| amended by changing Section 15.1 as follows:
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| (225 ILCS 80/15.1)
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| (Section scheduled to be repealed on January 1, 2017)
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| Sec. 15.1. Diagnostic and therapeutic authority.
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| (a) For purposes of the Act, "ocular pharmaceutical
agents" |
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| means topical anesthetics, topical mydriatics, topical
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| cycloplegics, topical miotics, topical anti-infective agents,
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| topical anti-allergy agents,
topical
anti-glaucoma agents, |
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| topical anti-inflammatory agents, topical
anesthetic
agents, |
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| over-the-counter agents, non-narcotic oral analgesic
agents,
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| and mydriatic reversing
agents , with the exception of Schedule |
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| II controlled substances, when used for diagnostic or |
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| therapeutic purposes. "Ocular pharmaceutical agents" |
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| administered by injection may be used only for the treatment of |
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| anaphylaxis. |
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| (b) A licensed optometrist may remove superficial foreign |
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| bodies from the human eye and adnexa and may give orders for |
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| patient care to a nurse licensed to practice under Illinois |
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| law. |
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HB1366 |
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LRB095 04320 RAS 24361 b |
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(c) An optometrist's license shall be revoked or suspended |
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| by the Department
upon recommendation of the Board based upon |
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| either of the
following causes: |
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| (1) grave or repeated misuse of any ocular
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| pharmaceutical agent; and |
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| (2) the use of any agent or procedure in the course of |
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| optometric practice
by an optometrist not properly |
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| authorized under this Act. |
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| (d) The Secretary of Financial and Professional Regulation |
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| shall notify
the Director of Public Health as to the categories |
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| of ocular
pharmaceutical agents permitted for use by an |
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| optometrist. The Director of Public Health shall in turn
notify |
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| every licensed pharmacist in the State of the categories of |
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| ocular
pharmaceutical agents that can be utilized and |
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| prescribed by an optometrist.
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| (Source: P.A. 94-787, eff. 5-19-06 .)
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| Section 10. The Illinois Controlled Substances Act is |
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| amended by changing Sections 102 and 103 as follows: |
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| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) |
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| Sec. 102. Definitions. As used in this Act, unless the |
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| context
otherwise requires:
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| (a) "Addict" means any person who habitually uses any drug, |
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| chemical,
substance or dangerous drug other than alcohol so as |
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| to endanger the public
morals, health, safety or welfare or who |
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HB1366 |
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LRB095 04320 RAS 24361 b |
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| is so far addicted to the use of a
dangerous drug or controlled |
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| substance other than alcohol as to have lost
the power of self |
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| control with reference to his addiction.
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| (b) "Administer" means the direct application of a |
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| controlled
substance, whether by injection, inhalation, |
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| ingestion, or any other
means, to the body of a patient, |
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| research subject, or animal (as
defined by the Humane |
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| Euthanasia in Animal Shelters Act) by:
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| (1) a practitioner (or, in his presence, by his |
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| authorized agent),
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| (2) the patient or research subject at the lawful |
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| direction of the
practitioner, or
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| (3) a euthanasia technician as defined by the Humane |
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| Euthanasia in
Animal Shelters Act.
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| (c) "Agent" means an authorized person who acts on behalf |
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| of or at
the direction of a manufacturer, distributor, or |
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| dispenser. It does not
include a common or contract carrier, |
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| public warehouseman or employee of
the carrier or warehouseman.
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| (c-1) "Anabolic Steroids" means any drug or hormonal |
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| substance,
chemically and pharmacologically related to |
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| testosterone (other than
estrogens, progestins, and |
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| corticosteroids) that promotes muscle growth,
and includes:
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| (i) boldenone,
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| (ii) chlorotestosterone,
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| (iii) chostebol,
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| (iv) dehydrochlormethyltestosterone,
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HB1366 |
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LRB095 04320 RAS 24361 b |
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| (v) dihydrotestosterone,
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| (vi) drostanolone,
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| (vii) ethylestrenol,
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| (viii) fluoxymesterone,
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| (ix) formebulone,
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| (x) mesterolone,
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| (xi) methandienone,
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| (xii) methandranone,
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| (xiii) methandriol,
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| (xiv) methandrostenolone,
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| (xv) methenolone,
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| (xvi) methyltestosterone,
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| (xvii) mibolerone,
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| (xviii) nandrolone,
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| (xix) norethandrolone,
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| (xx) oxandrolone,
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| (xxi) oxymesterone,
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| (xxii) oxymetholone,
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| (xxiii) stanolone,
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| (xxiv) stanozolol,
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| (xxv) testolactone,
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| (xxvi) testosterone,
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| (xxvii) trenbolone, and
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| (xxviii) any salt, ester, or isomer of a drug or |
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| substance described
or listed in this paragraph, if |
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| that salt, ester, or isomer promotes muscle
growth.
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HB1366 |
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LRB095 04320 RAS 24361 b |
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| Any person who is otherwise lawfully in possession of an |
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| anabolic
steroid, or who otherwise lawfully manufactures, |
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| distributes, dispenses,
delivers, or possesses with intent to |
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| deliver an anabolic steroid, which
anabolic steroid is |
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| expressly intended for and lawfully allowed to be
administered |
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| through implants to livestock or other nonhuman species, and
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| which is approved by the Secretary of Health and Human Services |
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| for such
administration, and which the person intends to |
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| administer or have
administered through such implants, shall |
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| not be considered to be in
unauthorized possession or to |
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| unlawfully manufacture, distribute, dispense,
deliver, or |
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| possess with intent to deliver such anabolic steroid for
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| purposes of this Act.
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| (d) "Administration" means the Drug Enforcement |
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| Administration,
United States Department of Justice, or its |
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| successor agency.
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| (e) "Control" means to add a drug or other substance, or |
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| immediate
precursor, to a Schedule under Article II of this Act |
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| whether by
transfer from another Schedule or otherwise.
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| (f) "Controlled Substance" means a drug, substance, or |
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| immediate
precursor in the Schedules of Article II of this Act.
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| (g) "Counterfeit substance" means a controlled substance, |
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| which, or
the container or labeling of which, without |
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| authorization bears the
trademark, trade name, or other |
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| identifying mark, imprint, number or
device, or any likeness |
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| thereof, of a manufacturer, distributor, or
dispenser other |
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LRB095 04320 RAS 24361 b |
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| than the person who in fact manufactured, distributed,
or |
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| dispensed the substance.
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| (h) "Deliver" or "delivery" means the actual, constructive |
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| or
attempted transfer of possession of a controlled substance, |
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| with or
without consideration, whether or not there is an |
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| agency relationship.
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| (i) "Department" means the Illinois Department of Human |
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| Services (as
successor to the Department of Alcoholism and |
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| Substance Abuse) or its successor agency.
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| (j) "Department of State Police" means the Department of |
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| State
Police of the State of Illinois or its successor agency.
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| (k) "Department of Corrections" means the Department of |
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| Corrections
of the State of Illinois or its successor agency.
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| (l) "Department of Professional Regulation" means the |
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| Department
of Professional Regulation of the State of Illinois |
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| or its successor agency.
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| (m) "Depressant" or "stimulant substance" means:
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| (1) a drug which contains any quantity of (i) |
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| barbituric acid or
any of the salts of barbituric acid |
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| which has been designated as habit
forming under section |
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| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 |
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| U.S.C. 352 (d)); or
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| (2) a drug which contains any quantity of (i) |
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| amphetamine or
methamphetamine and any of their optical |
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| isomers; (ii) any salt of
amphetamine or methamphetamine or |
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| any salt of an optical isomer of
amphetamine; or (iii) any |
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LRB095 04320 RAS 24361 b |
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| substance which the Department, after
investigation, has |
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| found to be, and by rule designated as, habit forming
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| because of its depressant or stimulant effect on the |
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| central nervous
system; or
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| (3) lysergic acid diethylamide; or
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| (4) any drug which contains any quantity of a substance |
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| which the
Department, after investigation, has found to |
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| have, and by rule
designated as having, a potential for |
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| abuse because of its depressant or
stimulant effect on the |
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| central nervous system or its hallucinogenic
effect.
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| (n) (Blank).
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| (o) "Director" means the Director of the Department of |
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| State Police or
the Department of Professional Regulation or |
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| his designated agents.
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| (p) "Dispense" means to deliver a controlled substance to |
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| an
ultimate user or research subject by or pursuant to the |
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| lawful order of
a prescriber, including the prescribing, |
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| administering, packaging,
labeling, or compounding necessary |
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| to prepare the substance for that
delivery.
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| (q) "Dispenser" means a practitioner who dispenses.
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| (r) "Distribute" means to deliver, other than by |
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| administering or
dispensing, a controlled substance.
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| (s) "Distributor" means a person who distributes.
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| (t) "Drug" means (1) substances recognized as drugs in the |
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| official
United States Pharmacopoeia, Official Homeopathic |
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| Pharmacopoeia of the
United States, or official National |
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LRB095 04320 RAS 24361 b |
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| Formulary, or any supplement to any
of them; (2) substances |
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| intended for use in diagnosis, cure, mitigation,
treatment, or |
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| prevention of disease in man or animals; (3) substances
(other |
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| than food) intended to affect the structure of any function of
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| the body of man or animals and (4) substances intended for use |
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| as a
component of any article specified in clause (1), (2), or |
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| (3) of this
subsection. It does not include devices or their |
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| components, parts, or
accessories.
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| (t-5) "Euthanasia agency" means
an entity certified by the |
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| Department of Professional Regulation for the
purpose of animal |
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| euthanasia that holds an animal control facility license or
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| animal
shelter license under the Animal Welfare Act. A |
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| euthanasia agency is
authorized to purchase, store, possess, |
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| and utilize Schedule II nonnarcotic and
Schedule III |
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| nonnarcotic drugs for the sole purpose of animal euthanasia.
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| (t-10) "Euthanasia drugs" means Schedule II or Schedule III |
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| substances
(nonnarcotic controlled substances) that are used |
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| by a euthanasia agency for
the purpose of animal euthanasia.
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| (u) "Good faith" means the prescribing or dispensing of a |
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| controlled
substance by a practitioner in the regular course of |
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| professional
treatment to or for any person who is under his |
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| treatment for a
pathology or condition other than that |
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| individual's physical or
psychological dependence upon or |
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| addiction to a controlled substance,
except as provided herein: |
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| and application of the term to a pharmacist
shall mean the |
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| dispensing of a controlled substance pursuant to the
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HB1366 |
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LRB095 04320 RAS 24361 b |
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| prescriber's order which in the professional judgment of the |
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| pharmacist
is lawful. The pharmacist shall be guided by |
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| accepted professional
standards including, but not limited to |
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| the following, in making the
judgment:
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| (1) lack of consistency of doctor-patient |
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| relationship,
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| (2) frequency of prescriptions for same drug by one |
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| prescriber for
large numbers of patients,
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| (3) quantities beyond those normally prescribed,
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| (4) unusual dosages,
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| (5) unusual geographic distances between patient, |
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| pharmacist and
prescriber,
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| (6) consistent prescribing of habit-forming drugs.
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| (u-1) "Home infusion services" means services provided by a |
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| pharmacy in
compounding solutions for direct administration to |
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| a patient in a private
residence, long-term care facility, or |
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| hospice setting by means of parenteral,
intravenous, |
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| intramuscular, subcutaneous, or intraspinal infusion.
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| (v) "Immediate precursor" means a substance:
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| (1) which the Department has found to be and by rule |
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| designated as
being a principal compound used, or produced |
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| primarily for use, in the
manufacture of a controlled |
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| substance;
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| (2) which is an immediate chemical intermediary used or |
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| likely to
be used in the manufacture of such controlled |
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| substance; and
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LRB095 04320 RAS 24361 b |
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| (3) the control of which is necessary to prevent, |
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| curtail or limit
the manufacture of such controlled |
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| substance.
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| (w) "Instructional activities" means the acts of teaching, |
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| educating
or instructing by practitioners using controlled |
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| substances within
educational facilities approved by the State |
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| Board of Education or
its successor agency.
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| (x) "Local authorities" means a duly organized State, |
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| County or
Municipal peace unit or police force.
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| (y) "Look-alike substance" means a substance, other than a |
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| controlled
substance which (1) by overall dosage unit |
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| appearance, including shape,
color, size, markings or lack |
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| thereof, taste, consistency, or any other
identifying physical |
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| characteristic of the substance, would lead a reasonable
person |
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| to believe that the substance is a controlled substance, or (2) |
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| is
expressly or impliedly represented to be a controlled |
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| substance or is
distributed under circumstances which would |
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| lead a reasonable person to
believe that the substance is a |
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| controlled substance. For the purpose of
determining whether |
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| the representations made or the circumstances of the
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| distribution would lead a reasonable person to believe the |
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| substance to be
a controlled substance under this clause (2) of |
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| subsection (y), the court or
other authority may consider the |
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| following factors in addition to any other
factor that may be |
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| relevant:
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| (a) statements made by the owner or person in control |
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LRB095 04320 RAS 24361 b |
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| of the substance
concerning its nature, use or effect;
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| (b) statements made to the buyer or recipient that the |
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| substance may
be resold for profit;
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| (c) whether the substance is packaged in a manner |
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| normally used for the
illegal distribution of controlled |
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| substances;
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| (d) whether the distribution or attempted distribution |
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| included an
exchange of or demand for money or other |
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| property as consideration, and
whether the amount of the |
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| consideration was substantially greater than the
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| reasonable retail market value of the substance.
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| Clause (1) of this subsection (y) shall not apply to a |
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| noncontrolled
substance in its finished dosage form that was |
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| initially introduced into
commerce prior to the initial |
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| introduction into commerce of a controlled
substance in its |
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| finished dosage form which it may substantially resemble.
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| Nothing in this subsection (y) prohibits the dispensing or |
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| distributing
of noncontrolled substances by persons authorized |
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| to dispense and
distribute controlled substances under this |
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| Act, provided that such action
would be deemed to be carried |
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| out in good faith under subsection (u) if the
substances |
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| involved were controlled substances.
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| Nothing in this subsection (y) or in this Act prohibits the |
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| manufacture,
preparation, propagation, compounding, |
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| processing, packaging, advertising
or distribution of a drug or |
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| drugs by any person registered pursuant to
Section 510 of the |
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LRB095 04320 RAS 24361 b |
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| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
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| (y-1) "Mail-order pharmacy" means a pharmacy that is |
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| located in a state
of the United States, other than Illinois, |
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| that delivers, dispenses or
distributes, through the United |
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| States Postal Service or other common
carrier, to Illinois |
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| residents, any substance which requires a prescription.
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| (z) "Manufacture" means the production, preparation, |
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| propagation,
compounding, conversion or processing of a |
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| controlled substance other than methamphetamine, either
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| directly or indirectly, by extraction from substances of |
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| natural origin,
or independently by means of chemical |
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| synthesis, or by a combination of
extraction and chemical |
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| synthesis, and includes any packaging or
repackaging of the |
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| substance or labeling of its container, except that
this term |
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| does not include:
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| (1) by an ultimate user, the preparation or compounding |
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| of a
controlled substance for his own use; or
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| (2) by a practitioner, or his authorized agent under |
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| his
supervision, the preparation, compounding, packaging, |
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| or labeling of a
controlled substance:
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| (a) as an incident to his administering or |
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| dispensing of a
controlled substance in the course of |
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| his professional practice; or
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| (b) as an incident to lawful research, teaching or |
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| chemical
analysis and not for sale.
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| (z-1) (Blank).
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LRB095 04320 RAS 24361 b |
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| (aa) "Narcotic drug" means any of the following, whether |
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| produced
directly or indirectly by extraction from substances |
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| of natural origin,
or independently by means of chemical |
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| synthesis, or by a combination of
extraction and chemical |
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| synthesis:
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| (1) opium and opiate, and any salt, compound, |
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| derivative, or
preparation of opium or opiate;
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| (2) any salt, compound, isomer, derivative, or |
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| preparation thereof
which is chemically equivalent or |
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| identical with any of the substances
referred to in clause |
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| (1), but not including the isoquinoline alkaloids
of opium;
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| (3) opium poppy and poppy straw;
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| (4) coca leaves and any salts, compound, isomer, salt |
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| of an isomer,
derivative, or preparation of coca leaves |
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| including cocaine or ecgonine,
and any salt, compound, |
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| isomer, derivative, or preparation thereof which is
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| chemically equivalent or identical with any of these |
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| substances, but not
including decocainized coca leaves or |
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| extractions of coca leaves which do
not contain cocaine or |
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| ecgonine (for the purpose of this paragraph, the
term |
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| "isomer" includes optical, positional and geometric |
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| isomers).
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| (bb) "Nurse" means a registered nurse licensed under the
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| Nursing and Advanced Practice Nursing Act.
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| (cc) (Blank).
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| (dd) "Opiate" means any substance having an addiction |
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LRB095 04320 RAS 24361 b |
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| forming or
addiction sustaining liability similar to morphine |
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| or being capable of
conversion into a drug having addiction |
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| forming or addiction sustaining
liability.
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| (ee) "Opium poppy" means the plant of the species Papaver
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| somniferum L., except its seeds.
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| (ff) "Parole and Pardon Board" means the Parole and Pardon |
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| Board of
the State of Illinois or its successor agency.
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| (gg) "Person" means any individual, corporation, |
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| mail-order pharmacy,
government or governmental subdivision or |
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| agency, business trust, estate,
trust, partnership or |
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| association, or any other entity.
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| (hh) "Pharmacist" means any person who holds a certificate |
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| of
registration as a registered pharmacist, a local registered |
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| pharmacist
or a registered assistant pharmacist under the |
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| Pharmacy Practice Act of 1987.
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| (ii) "Pharmacy" means any store, ship or other place in |
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| which
pharmacy is authorized to be practiced under the Pharmacy |
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| Practice Act of 1987.
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| (jj) "Poppy straw" means all parts, except the seeds, of |
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| the opium
poppy, after mowing.
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| (kk) "Practitioner" means a physician licensed to practice |
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| medicine in all
its branches, dentist, optometrist,
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| podiatrist,
veterinarian, scientific investigator, pharmacist, |
24 |
| physician assistant,
advanced practice nurse,
licensed |
25 |
| practical
nurse, registered nurse, hospital, laboratory, or |
26 |
| pharmacy, or other
person licensed, registered, or otherwise |
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HB1366 |
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LRB095 04320 RAS 24361 b |
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| lawfully permitted by the
United States or this State to |
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| distribute, dispense, conduct research
with respect to, |
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| administer or use in teaching or chemical analysis, a
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| controlled substance in the course of professional practice or |
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| research.
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| (ll) "Pre-printed prescription" means a written |
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| prescription upon which
the designated drug has been indicated |
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| prior to the time of issuance.
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| (mm) "Prescriber" means a physician licensed to practice |
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| medicine in all
its branches, dentist, optometrist, podiatrist |
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| or
veterinarian who issues a prescription, a physician |
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| assistant who
issues a
prescription for a Schedule III, IV, or |
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| V controlled substance
in accordance
with Section 303.05 and |
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| the written guidelines required under Section 7.5
of the
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| Physician Assistant Practice Act of 1987, or an advanced |
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| practice
nurse with prescriptive authority in accordance with |
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| Section 303.05
and a written
collaborative agreement under |
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| Sections 15-15 and 15-20 of
the Nursing and Advanced Practice |
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| Nursing Act.
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| (nn) "Prescription" means a lawful written, facsimile, or |
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| verbal order
of
a physician licensed to practice medicine in |
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| all its branches,
dentist, podiatrist or veterinarian for any |
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| controlled
substance, of an optometrist for a Schedule III, IV, |
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| or V controlled substance, of a physician assistant for a |
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| Schedule III, IV, or V
controlled substance
in accordance with |
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| Section 303.05 and the written guidelines required under
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HB1366 |
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LRB095 04320 RAS 24361 b |
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| Section 7.5 of the
Physician Assistant Practice Act of 1987, or |
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| of an advanced practice
nurse who issues a prescription for a |
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| Schedule III, IV, or V
controlled substance in accordance
with
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| Section 303.05 and a written collaborative agreement under |
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| Sections 15-15
and
15-20 of the Nursing and Advanced Practice |
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| Nursing Act.
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| (oo) "Production" or "produce" means manufacture, |
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| planting,
cultivating, growing, or harvesting of a controlled |
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| substance other than methamphetamine.
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| (pp) "Registrant" means every person who is required to |
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| register
under Section 302 of this Act.
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| (qq) "Registry number" means the number assigned to each |
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| person
authorized to handle controlled substances under the |
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| laws of the United
States and of this State.
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| (rr) "State" includes the State of Illinois and any state, |
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| district,
commonwealth, territory, insular possession thereof, |
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| and any area
subject to the legal authority of the United |
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| States of America.
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| (ss) "Ultimate user" means a person who lawfully possesses |
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| a
controlled substance for his own use or for the use of a |
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| member of his
household or for administering to an animal owned |
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| by him or by a member
of his household.
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| (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; |
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| 94-556, eff. 9-11-05.)
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| (720 ILCS 570/103) (from Ch. 56 1/2, par. 1103)
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