Rep. Angelo Saviano

Filed: 3/17/2009

 

 


 

 


 
09600HB2247ham001 LRB096 07723 ASK 23786 a

1
AMENDMENT TO HOUSE BILL 2247

2     AMENDMENT NO. ______. Amend House Bill 2247 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Pharmacy Practice Act is amended by
5 changing Section 4 as follows:
 
6     (225 ILCS 85/4)  (from Ch. 111, par. 4124)
7     (Section scheduled to be repealed on January 1, 2018)
8     Sec. 4. Exemptions. Nothing contained in any Section of
9 this Act shall apply to, or in any manner interfere with:
10     (a) the lawful practice of any physician licensed to
11 practice medicine in all of its branches, dentist, podiatrist,
12 veterinarian, or therapeutically or diagnostically certified
13 optometrist within the limits of his or her license, or prevent
14 him or her from supplying to his or her bona fide patients such
15 drugs, medicines, or poisons as may seem to him appropriate;
16     (b) the sale of compressed gases;

 

 

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1     (c) the sale of patent or proprietary medicines and
2 household remedies when sold in original and unbroken packages
3 only, if such patent or proprietary medicines and household
4 remedies be properly and adequately labeled as to content and
5 usage and generally considered and accepted as harmless and
6 nonpoisonous when used according to the directions on the
7 label, and also do not contain opium or coca leaves, or any
8 compound, salt or derivative thereof, or any drug which,
9 according to the latest editions of the following authoritative
10 pharmaceutical treatises and standards, namely, The United
11 States Pharmacopoeia/National Formulary (USP/NF), the United
12 States Dispensatory, and the Accepted Dental Remedies of the
13 Council of Dental Therapeutics of the American Dental
14 Association or any or either of them, in use on the effective
15 date of this Act, or according to the existing provisions of
16 the Federal Food, Drug, and Cosmetic Act and Regulations of the
17 Department of Health and Human Services, Food and Drug
18 Administration, promulgated thereunder now in effect, is
19 designated, described or considered as a narcotic, hypnotic,
20 habit forming, dangerous, or poisonous drug;
21     (d) the sale of poultry and livestock remedies in original
22 and unbroken packages only, labeled for poultry and livestock
23 medication;
24     (e) the sale of poisonous substances or mixture of
25 poisonous substances, in unbroken packages, for nonmedicinal
26 use in the arts or industries or for insecticide purposes;

 

 

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1 provided, they are properly and adequately labeled as to
2 content and such nonmedicinal usage, in conformity with the
3 provisions of all applicable federal, state and local laws and
4 regulations promulgated thereunder now in effect relating
5 thereto and governing the same, and those which are required
6 under such applicable laws and regulations to be labeled with
7 the word "Poison", are also labeled with the word "Poison"
8 printed thereon in prominent type and the name of a readily
9 obtainable antidote with directions for its administration;
10     (f) the delegation of limited prescriptive authority by a
11 physician licensed to practice medicine in all its branches to
12 a physician assistant under Section 7.5 of the Physician
13 Assistant Practice Act of 1987. This delegated authority under
14 Section 7.5 of the Physician Assistant Practice Act of 1987
15 may, but is not required to, include prescription of controlled
16 substances, as defined in Article II of the Illinois Controlled
17 Substances Act, in accordance with a written supervision
18 agreement guidelines; and
19     (g) The delegation of prescriptive authority by a physician
20 licensed to practice medicine in all its branches or a licensed
21 podiatrist to an advanced practice nurse in accordance with a
22 written collaborative agreement under Sections Section 65-35
23 and 65-40 of the Nurse Practice Act. This authority, which is
24 delegated under Section 65-40 of the Nurse Practice Act, may
25 but is not required to include the prescription of Schedule
26 III, IV, or V controlled substances as defined in Article II of

 

 

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1 the Illinois Controlled Substances Act.
2 (Source: P.A. 95-639, eff. 10-5-07.)
 
3     Section 10. The Physician Assistant Practice Act is amended
4 by changing Sections 4, 7.5, and 21 as follows:
 
5     (225 ILCS 95/4)  (from Ch. 111, par. 4604)
6     (Section scheduled to be repealed on January 1, 2018)
7     Sec. 4. In this Act:
8     1. "Department" means the Department of Financial and
9 Professional Regulation.
10     2. "Secretary" means the Secretary of Financial and
11 Professional Regulation.
12     3. "Physician assistant" means any person not a physician
13 who has been certified as a physician assistant by the National
14 Commission on the Certification of Physician Assistants or
15 equivalent successor agency and performs procedures under the
16 supervision of a physician as defined in this Act. A physician
17 assistant may perform such procedures within the specialty of
18 the supervising physician, except that such physician shall
19 exercise such direction, supervision and control over such
20 physician assistants as will assure that patients shall receive
21 quality medical care. Physician assistants shall be capable of
22 performing a variety of tasks within the specialty of medical
23 care under the supervision of a physician. Supervision of the
24 physician assistant shall not be construed to necessarily

 

 

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1 require the personal presence of the supervising physician at
2 all times at the place where services are rendered, as long as
3 there is communication available for consultation by radio,
4 telephone or telecommunications within established guidelines
5 as determined by the physician/physician assistant team. The
6 supervising physician may delegate tasks and duties to the
7 physician assistant. Delegated tasks or duties shall be
8 consistent with physician assistant education, training, and
9 experience. The delegated tasks or duties shall be specific to
10 the practice setting and shall be implemented and reviewed
11 under a written supervision agreement guidelines established
12 by the physician or physician/physician assistant team. A
13 physician assistant, acting as an agent of the physician, shall
14 be permitted to transmit the supervising physician's orders as
15 determined by the institution's by-laws, policies, procedures,
16 or job description within which the physician/physician
17 assistant team practices. Physician assistants shall practice
18 only in accordance with a written supervision agreement within
19 the established guidelines.
20     4. "Board" means the Medical Licensing Board constituted
21 under the Medical Practice Act of 1987.
22     5. "Disciplinary Board" means the Medical Disciplinary
23 Board constituted under the Medical Practice Act of 1987.
24     6. "Physician" means, for purposes of this Act, a person
25 licensed to practice medicine in all its branches under the
26 Medical Practice Act of 1987.

 

 

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1     7. "Supervising Physician" means, for the purposes of this
2 Act, the primary supervising physician of a physician
3 assistant, who, within his specialty and expertise may delegate
4 a variety of tasks and procedures to the physician assistant.
5 Such tasks and procedures shall be delegated in accordance with
6 a written supervision agreement within established guidelines.
7 The supervising physician maintains the final responsibility
8 for the care of the patient and the performance of the
9 physician assistant.
10     8. "Alternate supervising physician" means, for the
11 purpose of this Act, any physician designated by the
12 supervising physician to provide supervision in the event that
13 he or she is unable to provide that supervision. The Department
14 may further define "alternate supervising physician" by rule.
15     The alternate supervising physicians shall maintain all
16 the same responsibilities as the supervising physician.
17 Nothing in this Act shall be construed as relieving any
18 physician of the professional or legal responsibility for the
19 care and treatment of persons attended by him or by physician
20 assistants under his supervision. Nothing in this Act shall be
21 construed as to limit the reasonable number of alternate
22 supervising physicians, provided they are designated by the
23 supervising physician.
24     9. "Address of record" means the designated address
25 recorded by the Department in the applicant's or licensee's
26 application file or license file maintained by the Department's

 

 

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1 licensure maintenance unit. It is the duty of the applicant or
2 licensee to inform the Department of any change of address, and
3 such changes must be made either through the Department's
4 website or by contacting the Department's licensure
5 maintenance unit.
6 (Source: P.A. 95-703, eff. 12-31-07.)
 
7     (225 ILCS 95/7.5)
8     (Section scheduled to be repealed on January 1, 2018)
9     Sec. 7.5. Prescriptions; written supervision agreements;
10 prescriptive authority.
11     (a) A written supervision agreement is required for all
12 physician assistants to practice in the State.
13         (1) A written supervision agreement shall describe the
14     working relationship of the physician assistant with the
15     supervising physician and shall authorize the categories
16     of care, treatment, or procedures to be performed by the
17     physician assistant. The written supervision agreement
18     shall be defined to promote the exercise of professional
19     judgment by the physician assistant commensurate with his
20     or her education and experience. The services to be
21     provided by the physician assistant shall be services that
22     the supervising physician is authorized to and generally
23     provides to his or her patients in the normal course of his
24     or her clinical medical practice. The written supervision
25     agreement need not describe the exact steps that a

 

 

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1     physician assistant must take with respect to each specific
2     condition, disease, or symptom but must specify which
3     authorized procedures require the presence of the
4     supervising physician as the procedures are being
5     performed. The supervision relationship under a written
6     supervision agreement shall not be construed to require the
7     personal presence of a physician at all times at the place
8     where services are rendered. Methods of communication
9     shall be available for consultation with the supervising
10     physician in person or by telecommunications in accordance
11     with established written guidelines as set forth in the
12     written supervision agreement.
13         (2) The written supervision agreement shall be
14     adequate if a physician does each of the following:
15             (A) Participates in the joint formulation and
16         joint approval of orders or guidelines with the
17         physician assistant and he or she periodically reviews
18         such orders and the services provided patients under
19         such orders in accordance with accepted standards of
20         medical practice and physician assistant practice.
21             (B) Meets in person with the physician assistant at
22         least once a month to provide supervision.
23         (3) A copy of the signed, written supervision agreement
24     must be available to the Department upon request from both
25     the physician assistant and the supervising physician.
26         (4) A physician assistant shall inform each

 

 

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1     supervising physician of all written supervision
2     agreements he or she has signed and provide a copy of these
3     to any supervising physician upon request.
4     (b) A supervising physician may, but is not required to,
5 delegate prescriptive authority to a physician assistant as
6 part of a written supervision agreement. This authority may,
7 but is not required to, include prescription of, selection of,
8 orders for, administration of, storage of, acceptance of
9 samples of, and dispensing over the counter medications, legend
10 drugs, medical gases, and controlled substances categorized as
11 Schedule III through V controlled substances, as defined in
12 Article II of the Illinois Controlled Substances Act, and other
13 preparations, including, but not limited to, botanical and
14 herbal remedies. The supervising physician must have a valid,
15 current Illinois controlled substance license and federal
16 registration with the Drug Enforcement Agency to delegate the
17 authority to prescribe controlled substances. A supervising
18 physician may delegate limited prescriptive authority to a
19 physician assistant. This authority may, but is not required
20 to, include prescription and dispensing of legend drugs and
21 legend controlled substances categorized as Schedule III, IV,
22 or V controlled substances, as defined in Article II of the
23 Illinois Controlled Substances Act, as delegated in the written
24 guidelines required by this Act.
25         (1) To prescribe Schedule III, IV, or V controlled
26     substances under this Section, a physician assistant must

 

 

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1     obtain a mid-level practitioner controlled substances
2     license. Medication orders issued by a physician assistant
3     shall be reviewed periodically by the supervising
4     physician.
5         (2) The supervising physician shall file with the
6     Department notice of delegation of prescriptive authority
7     to a physician assistant and termination of delegation,
8     specifying the authority delegated or terminated. Upon
9     receipt of this notice delegating authority to prescribe
10     Schedule III, IV, or V controlled substances, the physician
11     assistant shall be eligible to register for a mid-level
12     practitioner controlled substances license under Section
13     303.05 of the Illinois Controlled Substances Act. Nothing
14     in this Act shall be construed to limit the delegation of
15     tasks or duties by the supervising physician to a nurse or
16     other appropriately trained personnel.
17         (3) In addition to the requirements of subsection (b)
18     of this Section, a supervising physician may, but is not
19     required to, delegate authority to a physician assistant to
20     prescribe Schedule II controlled substances, if all of the
21     following conditions apply:
22             (A) No more than 5 Schedule II controlled
23         substances by oral dosage may be delegated.
24             (B) Any delegation must be controlled substances
25         that the supervising physician prescribes.
26             (C) Any prescription must be limited to no more

 

 

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1         than a 30-day oral dosage, with any continuation
2         authorized only after prior approval of the
3         supervising physician.
4     (c) Nothing in this Act shall be construed to limit the
5 delegation of tasks or duties by a physician to a licensed
6 practical nurse, a registered professional nurse, or other
7 persons. The Department shall establish by rule the minimum
8 requirements for written guidelines to be followed under this
9 Section.
10 (Source: P.A. 90-116, eff. 7-14-97; 90-818, eff. 3-23-99.)
 
11     (225 ILCS 95/21)  (from Ch. 111, par. 4621)
12     (Section scheduled to be repealed on January 1, 2018)
13     Sec. 21. Grounds for disciplinary action.
14     (a) The Department may refuse to issue or to renew, or may
15 revoke, suspend, place on probation, censure or reprimand, or
16 take other disciplinary or non-disciplinary action with regard
17 to any license issued under this Act as the Department may deem
18 proper, including the issuance of fines not to exceed $10,000
19 for each violation, for any one or combination of the following
20 causes:
21         (1) Material misstatement in furnishing information to
22     the Department.
23         (2) Violations of this Act, or the rules adopted under
24     this Act.
25         (3) Conviction of or entry of a plea of guilty or nolo

 

 

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1     contendere to any crime that is a felony under the laws of
2     the United States or any state or territory thereof or that
3     is a misdemeanor of which an essential element is
4     dishonesty or that is directly related to the practice of
5     the profession.
6         (4) Making any misrepresentation for the purpose of
7     obtaining licenses.
8         (5) Professional incompetence.
9         (6) Aiding or assisting another person in violating any
10     provision of this Act or its rules.
11         (7) Failing, within 60 days, to provide information in
12     response to a written request made by the Department.
13         (8) Engaging in dishonorable, unethical, or
14     unprofessional conduct, as defined by rule, of a character
15     likely to deceive, defraud, or harm the public.
16         (9) Habitual or excessive use or addiction to alcohol,
17     narcotics, stimulants, or any other chemical agent or drug
18     that results in a physician assistant's inability to
19     practice with reasonable judgment, skill, or safety.
20         (10) Discipline by another U.S. jurisdiction or
21     foreign nation, if at least one of the grounds for
22     discipline is the same or substantially equivalent to those
23     set forth in this Section.
24         (11) Directly or indirectly giving to or receiving from
25     any person, firm, corporation, partnership, or association
26     any fee, commission, rebate or other form of compensation

 

 

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1     for any professional services not actually or personally
2     rendered.
3         (12) A finding by the Disciplinary Board that the
4     licensee, after having his or her license placed on
5     probationary status has violated the terms of probation.
6         (13) Abandonment of a patient.
7         (14) Willfully making or filing false records or
8     reports in his or her practice, including but not limited
9     to false records filed with state agencies or departments.
10         (15) Willfully failing to report an instance of
11     suspected child abuse or neglect as required by the Abused
12     and Neglected Child Reporting Act.
13         (16) Physical illness, or mental illness or impairment
14     that results in the inability to practice the profession
15     with reasonable judgment, skill, or safety, including, but
16     not limited to, deterioration through the aging process or
17     loss of motor skill.
18         (17) Being named as a perpetrator in an indicated
19     report by the Department of Children and Family Services
20     under the Abused and Neglected Child Reporting Act, and
21     upon proof by clear and convincing evidence that the
22     licensee has caused a child to be an abused child or
23     neglected child as defined in the Abused and Neglected
24     Child Reporting Act.
25         (18) (Blank).
26         (19) Gross negligence resulting in permanent injury or

 

 

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1     death of a patient.
2         (20) Employment of fraud, deception or any unlawful
3     means in applying for or securing a license as a physician
4     assistant.
5         (21) Exceeding the authority delegated to him or her by
6     his or her supervising physician in a written supervision
7     agreement guidelines established by the
8     physician/physician assistant team.
9         (22) Immoral conduct in the commission of any act, such
10     as sexual abuse, sexual misconduct or sexual exploitation
11     related to the licensee's practice.
12         (23) Violation of the Health Care Worker Self-Referral
13     Act.
14         (24) Practicing under a false or assumed name, except
15     as provided by law.
16         (25) Making a false or misleading statement regarding
17     his or her skill or the efficacy or value of the medicine,
18     treatment, or remedy prescribed by him or her in the course
19     of treatment.
20         (26) Allowing another person to use his or her license
21     to practice.
22         (27) Prescribing, selling, administering,
23     distributing, giving, or self-administering a drug
24     classified as a controlled substance (designated product)
25     or narcotic for other than medically-accepted therapeutic
26     purposes.

 

 

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1         (28) Promotion of the sale of drugs, devices,
2     appliances, or goods provided for a patient in a manner to
3     exploit the patient for financial gain.
4         (29) A pattern of practice or other behavior that
5     demonstrates incapacity or incompetence to practice under
6     this Act.
7         (30) Violating State or federal laws or regulations
8     relating to controlled substances or other legend drugs.
9         (31) Exceeding the limited prescriptive authority
10     delegated by the supervising physician or violating the
11     written supervision agreement guidelines delegating that
12     authority.
13         (32) Practicing without providing to the Department a
14     notice of supervision or delegation of prescriptive
15     authority.
16     (b) The Department may, without a hearing, refuse to issue
17 or renew or may suspend the license of any person who fails to
18 file a return, or to pay the tax, penalty or interest shown in
19 a filed return, or to pay any final assessment of the tax,
20 penalty, or interest as required by any tax Act administered by
21 the Illinois Department of Revenue, until such time as the
22 requirements of any such tax Act are satisfied.
23     (c) The determination by a circuit court that a licensee is
24 subject to involuntary admission or judicial admission as
25 provided in the Mental Health and Developmental Disabilities
26 Code operates as an automatic suspension. The suspension will

 

 

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1 end only upon a finding by a court that the patient is no
2 longer subject to involuntary admission or judicial admission
3 and issues an order so finding and discharging the patient, and
4 upon the recommendation of the Disciplinary Board to the
5 Secretary that the licensee be allowed to resume his or her
6 practice.
7     (d) In enforcing this Section, the Department upon a
8 showing of a possible violation may compel an individual
9 licensed to practice under this Act, or who has applied for
10 licensure under this Act, to submit to a mental or physical
11 examination, or both, as required by and at the expense of the
12 Department. The Department may order the examining physician to
13 present testimony concerning the mental or physical
14 examination of the licensee or applicant. No information shall
15 be excluded by reason of any common law or statutory privilege
16 relating to communications between the licensee or applicant
17 and the examining physician. The examining physicians shall be
18 specifically designated by the Department. The individual to be
19 examined may have, at his or her own expense, another physician
20 of his or her choice present during all aspects of this
21 examination. Failure of an individual to submit to a mental or
22 physical examination, when directed, shall be grounds for
23 suspension of his or her license until the individual submits
24 to the examination if the Department finds, after notice and
25 hearing, that the refusal to submit to the examination was
26 without reasonable cause.

 

 

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1     If the Department finds an individual unable to practice
2 because of the reasons set forth in this Section, the
3 Department may require that individual to submit to care,
4 counseling, or treatment by physicians approved or designated
5 by the Department, as a condition, term, or restriction for
6 continued, reinstated, or renewed licensure to practice; or, in
7 lieu of care, counseling, or treatment, the Department may file
8 a complaint to immediately suspend, revoke, or otherwise
9 discipline the license of the individual. An individual whose
10 license was granted, continued, reinstated, renewed,
11 disciplined, or supervised subject to such terms, conditions,
12 or restrictions, and who fails to comply with such terms,
13 conditions, or restrictions, shall be referred to the Secretary
14 for a determination as to whether the individual shall have his
15 or her license suspended immediately, pending a hearing by the
16 Department.
17     In instances in which the Secretary immediately suspends a
18 person's license under this Section, a hearing on that person's
19 license must be convened by the Department within 30 days after
20 the suspension and completed without appreciable delay. The
21 Department shall have the authority to review the subject
22 individual's record of treatment and counseling regarding the
23 impairment to the extent permitted by applicable federal
24 statutes and regulations safeguarding the confidentiality of
25 medical records.
26     An individual licensed under this Act and affected under

 

 

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1 this Section shall be afforded an opportunity to demonstrate to
2 the Department that he or she can resume practice in compliance
3 with acceptable and prevailing standards under the provisions
4 of his or her license.
5 (Source: P.A. 95-703, eff. 12-31-07.)
 
6     Section 15. The Illinois Controlled Substances Act is
7 amended by changing Sections 102 and 303.05 as follows:
 
8     (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
9     Sec. 102. Definitions. As used in this Act, unless the
10 context otherwise requires:
11     (a) "Addict" means any person who habitually uses any drug,
12 chemical, substance or dangerous drug other than alcohol so as
13 to endanger the public morals, health, safety or welfare or who
14 is so far addicted to the use of a dangerous drug or controlled
15 substance other than alcohol as to have lost the power of self
16 control with reference to his addiction.
17     (b) "Administer" means the direct application of a
18 controlled substance, whether by injection, inhalation,
19 ingestion, or any other means, to the body of a patient,
20 research subject, or animal (as defined by the Humane
21 Euthanasia in Animal Shelters Act) by:
22         (1) a practitioner (or, in his presence, by his
23     authorized agent),
24         (2) the patient or research subject at the lawful

 

 

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1     direction of the practitioner, or
2         (3) a euthanasia technician as defined by the Humane
3     Euthanasia in Animal Shelters Act.
4     (c) "Agent" means an authorized person who acts on behalf
5 of or at the direction of a manufacturer, distributor, or
6 dispenser. It does not include a common or contract carrier,
7 public warehouseman or employee of the carrier or warehouseman.
8     (c-1) "Anabolic Steroids" means any drug or hormonal
9 substance, chemically and pharmacologically related to
10 testosterone (other than estrogens, progestins, and
11 corticosteroids) that promotes muscle growth, and includes:
12             (i) boldenone,
13             (ii) chlorotestosterone,
14             (iii) chostebol,
15             (iv) dehydrochlormethyltestosterone,
16             (v) dihydrotestosterone,
17             (vi) drostanolone,
18             (vii) ethylestrenol,
19             (viii) fluoxymesterone,
20             (ix) formebulone,
21             (x) mesterolone,
22             (xi) methandienone,
23             (xii) methandranone,
24             (xiii) methandriol,
25             (xiv) methandrostenolone,
26             (xv) methenolone,

 

 

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

 

 

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1 possess with intent to deliver such anabolic steroid for
2 purposes of this Act.
3     (d) "Administration" means the Drug Enforcement
4 Administration, United States Department of Justice, or its
5 successor agency.
6     (e) "Control" means to add a drug or other substance, or
7 immediate precursor, to a Schedule under Article II of this Act
8 whether by transfer from another Schedule or otherwise.
9     (f) "Controlled Substance" means a drug, substance, or
10 immediate precursor in the Schedules of Article II of this Act.
11     (g) "Counterfeit substance" means a controlled substance,
12 which, or the container or labeling of which, without
13 authorization bears the trademark, trade name, or other
14 identifying mark, imprint, number or device, or any likeness
15 thereof, of a manufacturer, distributor, or dispenser other
16 than the person who in fact manufactured, distributed, or
17 dispensed the substance.
18     (h) "Deliver" or "delivery" means the actual, constructive
19 or attempted transfer of possession of a controlled substance,
20 with or without consideration, whether or not there is an
21 agency relationship.
22     (i) "Department" means the Illinois Department of Human
23 Services (as successor to the Department of Alcoholism and
24 Substance Abuse) or its successor agency.
25     (j) "Department of State Police" means the Department of
26 State Police of the State of Illinois or its successor agency.

 

 

09600HB2247ham001 - 22 - LRB096 07723 ASK 23786 a

1     (k) "Department of Corrections" means the Department of
2 Corrections of the State of Illinois or its successor agency.
3     (l) "Department of Professional Regulation" means the
4 Department of Professional Regulation of the State of Illinois
5 or its successor agency.
6     (m) "Depressant" or "stimulant substance" means:
7         (1) a drug which contains any quantity of (i)
8     barbituric acid or any of the salts of barbituric acid
9     which has been designated as habit forming under section
10     502 (d) of the Federal Food, Drug, and Cosmetic Act (21
11     U.S.C. 352 (d)); or
12         (2) a drug which contains any quantity of (i)
13     amphetamine or methamphetamine and any of their optical
14     isomers; (ii) any salt of amphetamine or methamphetamine or
15     any salt of an optical isomer of amphetamine; or (iii) any
16     substance which the Department, after investigation, has
17     found to be, and by rule designated as, habit forming
18     because of its depressant or stimulant effect on the
19     central nervous system; or
20         (3) lysergic acid diethylamide; or
21         (4) any drug which contains any quantity of a substance
22     which the Department, after investigation, has found to
23     have, and by rule designated as having, a potential for
24     abuse because of its depressant or stimulant effect on the
25     central nervous system or its hallucinogenic effect.
26     (n) (Blank).

 

 

09600HB2247ham001 - 23 - LRB096 07723 ASK 23786 a

1     (o) "Director" means the Director of the Department of
2 State Police or the Department of Professional Regulation or
3 his designated agents.
4     (p) "Dispense" means to deliver a controlled substance to
5 an ultimate user or research subject by or pursuant to the
6 lawful order of a prescriber, including the prescribing,
7 administering, packaging, labeling, or compounding necessary
8 to prepare the substance for that delivery.
9     (q) "Dispenser" means a practitioner who dispenses.
10     (r) "Distribute" means to deliver, other than by
11 administering or dispensing, a controlled substance.
12     (s) "Distributor" means a person who distributes.
13     (t) "Drug" means (1) substances recognized as drugs in the
14 official United States Pharmacopoeia, Official Homeopathic
15 Pharmacopoeia of the United States, or official National
16 Formulary, or any supplement to any of them; (2) substances
17 intended for use in diagnosis, cure, mitigation, treatment, or
18 prevention of disease in man or animals; (3) substances (other
19 than food) intended to affect the structure of any function of
20 the body of man or animals and (4) substances intended for use
21 as a component of any article specified in clause (1), (2), or
22 (3) of this subsection. It does not include devices or their
23 components, parts, or accessories.
24     (t-5) "Euthanasia agency" means an entity certified by the
25 Department of Professional Regulation for the purpose of animal
26 euthanasia that holds an animal control facility license or

 

 

09600HB2247ham001 - 24 - LRB096 07723 ASK 23786 a

1 animal shelter license under the Animal Welfare Act. A
2 euthanasia agency is authorized to purchase, store, possess,
3 and utilize Schedule II nonnarcotic and Schedule III
4 nonnarcotic drugs for the sole purpose of animal euthanasia.
5     (t-10) "Euthanasia drugs" means Schedule II or Schedule III
6 substances (nonnarcotic controlled substances) that are used
7 by a euthanasia agency for the purpose of animal euthanasia.
8     (u) "Good faith" means the prescribing or dispensing of a
9 controlled substance by a practitioner in the regular course of
10 professional treatment to or for any person who is under his
11 treatment for a pathology or condition other than that
12 individual's physical or psychological dependence upon or
13 addiction to a controlled substance, except as provided herein:
14 and application of the term to a pharmacist shall mean the
15 dispensing of a controlled substance pursuant to the
16 prescriber's order which in the professional judgment of the
17 pharmacist is lawful. The pharmacist shall be guided by
18 accepted professional standards including, but not limited to
19 the following, in making the judgment:
20         (1) lack of consistency of doctor-patient
21     relationship,
22         (2) frequency of prescriptions for same drug by one
23     prescriber for large numbers of patients,
24         (3) quantities beyond those normally prescribed,
25         (4) unusual dosages,
26         (5) unusual geographic distances between patient,

 

 

09600HB2247ham001 - 25 - LRB096 07723 ASK 23786 a

1     pharmacist and prescriber,
2         (6) consistent prescribing of habit-forming drugs.
3     (u-1) "Home infusion services" means services provided by a
4 pharmacy in compounding solutions for direct administration to
5 a patient in a private residence, long-term care facility, or
6 hospice setting by means of parenteral, intravenous,
7 intramuscular, subcutaneous, or intraspinal infusion.
8     (v) "Immediate precursor" means a substance:
9         (1) which the Department has found to be and by rule
10     designated as being a principal compound used, or produced
11     primarily for use, in the manufacture of a controlled
12     substance;
13         (2) which is an immediate chemical intermediary used or
14     likely to be used in the manufacture of such controlled
15     substance; and
16         (3) the control of which is necessary to prevent,
17     curtail or limit the manufacture of such controlled
18     substance.
19     (w) "Instructional activities" means the acts of teaching,
20 educating or instructing by practitioners using controlled
21 substances within educational facilities approved by the State
22 Board of Education or its successor agency.
23     (x) "Local authorities" means a duly organized State,
24 County or Municipal peace unit or police force.
25     (y) "Look-alike substance" means a substance, other than a
26 controlled substance which (1) by overall dosage unit

 

 

09600HB2247ham001 - 26 - LRB096 07723 ASK 23786 a

1 appearance, including shape, color, size, markings or lack
2 thereof, taste, consistency, or any other identifying physical
3 characteristic of the substance, would lead a reasonable person
4 to believe that the substance is a controlled substance, or (2)
5 is expressly or impliedly represented to be a controlled
6 substance or is distributed under circumstances which would
7 lead a reasonable person to believe that the substance is a
8 controlled substance. For the purpose of determining whether
9 the representations made or the circumstances of the
10 distribution would lead a reasonable person to believe the
11 substance to be a controlled substance under this clause (2) of
12 subsection (y), the court or other authority may consider the
13 following factors in addition to any other factor that may be
14 relevant:
15         (a) statements made by the owner or person in control
16     of the substance concerning its nature, use or effect;
17         (b) statements made to the buyer or recipient that the
18     substance may be resold for profit;
19         (c) whether the substance is packaged in a manner
20     normally used for the illegal distribution of controlled
21     substances;
22         (d) whether the distribution or attempted distribution
23     included an exchange of or demand for money or other
24     property as consideration, and whether the amount of the
25     consideration was substantially greater than the
26     reasonable retail market value of the substance.

 

 

09600HB2247ham001 - 27 - LRB096 07723 ASK 23786 a

1     Clause (1) of this subsection (y) shall not apply to a
2 noncontrolled substance in its finished dosage form that was
3 initially introduced into commerce prior to the initial
4 introduction into commerce of a controlled substance in its
5 finished dosage form which it may substantially resemble.
6     Nothing in this subsection (y) prohibits the dispensing or
7 distributing of noncontrolled substances by persons authorized
8 to dispense and distribute controlled substances under this
9 Act, provided that such action would be deemed to be carried
10 out in good faith under subsection (u) if the substances
11 involved were controlled substances.
12     Nothing in this subsection (y) or in this Act prohibits the
13 manufacture, preparation, propagation, compounding,
14 processing, packaging, advertising or distribution of a drug or
15 drugs by any person registered pursuant to Section 510 of the
16 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
17     (y-1) "Mail-order pharmacy" means a pharmacy that is
18 located in a state of the United States, other than Illinois,
19 that delivers, dispenses or distributes, through the United
20 States Postal Service or other common carrier, to Illinois
21 residents, any substance which requires a prescription.
22     (z) "Manufacture" means the production, preparation,
23 propagation, compounding, conversion or processing of a
24 controlled substance other than methamphetamine, either
25 directly or indirectly, by extraction from substances of
26 natural origin, or independently by means of chemical

 

 

09600HB2247ham001 - 28 - LRB096 07723 ASK 23786 a

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;

 

 

09600HB2247ham001 - 29 - LRB096 07723 ASK 23786 a

1         (3) opium poppy and poppy straw;
2         (4) coca leaves and any salts, compound, isomer, salt
3     of an isomer, derivative, or preparation of coca leaves
4     including cocaine or ecgonine, and any salt, compound,
5     isomer, derivative, or preparation thereof which is
6     chemically equivalent or identical with any of these
7     substances, but not including decocainized coca leaves or
8     extractions of coca leaves which do not contain cocaine or
9     ecgonine (for the purpose of this paragraph, the term
10     "isomer" includes optical, positional and geometric
11     isomers).
12     (bb) "Nurse" means a registered nurse licensed under the
13 Nurse Practice Act.
14     (cc) (Blank).
15     (dd) "Opiate" means any substance having an addiction
16 forming or addiction sustaining liability similar to morphine
17 or being capable of conversion into a drug having addiction
18 forming or addiction sustaining liability.
19     (ee) "Opium poppy" means the plant of the species Papaver
20 somniferum L., except its seeds.
21     (ff) "Parole and Pardon Board" means the Parole and Pardon
22 Board of the State of Illinois or its successor agency.
23     (gg) "Person" means any individual, corporation,
24 mail-order pharmacy, government or governmental subdivision or
25 agency, business trust, estate, trust, partnership or
26 association, or any other entity.

 

 

09600HB2247ham001 - 30 - LRB096 07723 ASK 23786 a

1     (hh) "Pharmacist" means any person who holds a license or
2 certificate of registration as a registered pharmacist, a local
3 registered pharmacist or a registered assistant pharmacist
4 under the Pharmacy Practice Act.
5     (ii) "Pharmacy" means any store, ship or other place in
6 which pharmacy is authorized to be practiced under the Pharmacy
7 Practice Act.
8     (jj) "Poppy straw" means all parts, except the seeds, of
9 the opium poppy, after mowing.
10     (kk) "Practitioner" means a physician licensed to practice
11 medicine in all its branches, dentist, optometrist,
12 podiatrist, veterinarian, scientific investigator, pharmacist,
13 physician assistant, advanced practice nurse, licensed
14 practical nurse, registered nurse, hospital, laboratory, or
15 pharmacy, or other person licensed, registered, or otherwise
16 lawfully permitted by the United States or this State to
17 distribute, dispense, conduct research with respect to,
18 administer or use in teaching or chemical analysis, a
19 controlled substance in the course of professional practice or
20 research.
21     (ll) "Pre-printed prescription" means a written
22 prescription upon which the designated drug has been indicated
23 prior to the time of issuance.
24     (mm) "Prescriber" means a physician licensed to practice
25 medicine in all its branches, dentist, optometrist, podiatrist
26 or veterinarian who issues a prescription, a physician

 

 

09600HB2247ham001 - 31 - LRB096 07723 ASK 23786 a

1 assistant who issues a prescription for a Schedule III, IV, or
2 V controlled substance in accordance with Section 303.05, a
3 written delegation, and a the written supervision agreement
4 guidelines required under Section 7.5 of the Physician
5 Assistant Practice Act of 1987, or an advanced practice nurse
6 with prescriptive authority delegated under Section 65-40 of
7 the Nurse Practice Act and in accordance with Section 303.05, a
8 written delegation, and a written collaborative agreement
9 under Section 65-35 of the Nurse Practice Act.
10     (nn) "Prescription" means a lawful written, facsimile, or
11 verbal order of a physician licensed to practice medicine in
12 all its branches, dentist, podiatrist or veterinarian for any
13 controlled substance, of an optometrist for a Schedule III, IV,
14 or V controlled substance in accordance with Section 15.1 of
15 the Illinois Optometric Practice Act of 1987, of a physician
16 assistant for a Schedule III, IV, or V controlled substance in
17 accordance with Section 303.05, a written delegation, and a the
18 written supervision agreement guidelines required under
19 Section 7.5 of the Physician Assistant Practice Act of 1987, or
20 of an advanced practice nurse with prescriptive authority
21 delegated under Section 65-40 of the Nurse Practice Act who
22 issues a prescription for a Schedule III, IV, or V controlled
23 substance in accordance with Section 303.05, a written
24 delegation, and a written collaborative agreement under
25 Section 65-35 of the Nurse Practice Act.
26     (oo) "Production" or "produce" means manufacture,

 

 

09600HB2247ham001 - 32 - LRB096 07723 ASK 23786 a

1 planting, cultivating, growing, or harvesting of a controlled
2 substance other than methamphetamine.
3     (pp) "Registrant" means every person who is required to
4 register under Section 302 of this Act.
5     (qq) "Registry number" means the number assigned to each
6 person authorized to handle controlled substances under the
7 laws of the United States and of this State.
8     (rr) "State" includes the State of Illinois and any state,
9 district, commonwealth, territory, insular possession thereof,
10 and any area subject to the legal authority of the United
11 States of America.
12     (ss) "Ultimate user" means a person who lawfully possesses
13 a controlled substance for his own use or for the use of a
14 member of his household or for administering to an animal owned
15 by him or by a member of his household.
16 (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08;
17 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff.
18 8-21-08.)
 
19     (720 ILCS 570/303.05)
20     Sec. 303.05. Mid-level practitioner registration.
21     (a) The Department of Financial and Professional
22 Regulation shall register licensed physician assistants and
23 licensed advanced practice nurses to prescribe and dispense
24 Schedule III, IV, or V controlled substances under Section 303
25 and euthanasia agencies to purchase, store, or administer

 

 

09600HB2247ham001 - 33 - LRB096 07723 ASK 23786 a

1 animal euthanasia drugs under the following circumstances:
2         (1) with respect to physician assistants or advanced
3     practice nurses,
4             (A) the physician assistant or advanced practice
5         nurse has been delegated prescriptive authority to
6         prescribe any Schedule III through V controlled
7         substances by a physician licensed to practice
8         medicine in all its branches in accordance with Section
9         7.5 of the Physician Assistant Practice Act of 1987 or
10         Section 65-40 of the Nurse Practice Act; and the (B)
11         the physician assistant or advanced practice nurse has
12         completed the appropriate application forms and has
13         paid the required fees as set by rule; or
14             (B) the physician assistant has been delegated
15         authority by a supervising physician licensed to
16         practice medicine in all its branches to prescribe or
17         dispense Schedule II controlled substances through a
18         written delegation of authority and under the
19         following conditions:
20                 (i) no more than 5 Schedule II controlled
21             substances by oral dosage may be delegated;
22                 (ii) any delegation must be of controlled
23             substances prescribed by the supervising
24             physician;
25                 (iii) all prescriptions must be limited to no
26             more than a 30-day oral dosage, with any

 

 

09600HB2247ham001 - 34 - LRB096 07723 ASK 23786 a

1             continuation authorized only after prior approval
2             of the supervising physician;
3                 (iv) the physician assistant must discuss the
4             condition of any patients for whom a controlled
5             substance is prescribed monthly with the
6             delegating physician; and
7                 (v) the physician assistant must have
8             completed the appropriate application forms and
9             paid the required fees as set by rule; and
10         (2) with respect to advanced practice nurses,
11             (A) the advanced practice nurse has been delegated
12         authority to prescribe any Schedule III through V
13         controlled substances by a physician licensed to
14         practice medicine in all its branches or a podiatrist
15         in accordance with Section 65-40 of the Nurse Practice
16         Act. The advanced practice nurse has completed the
17         appropriate application forms and has paid the
18         required fees as set by rule; or
19             (B) the advanced practice nurse has been delegated
20         authority by a collaborating physician licensed to
21         practice medicine in all its branches to prescribe or
22         dispense Schedule II controlled substances through a
23         written delegation of authority and under the
24         following conditions:
25                 (i) no more than 5 Schedule II controlled
26             substances by oral dosage may be delegated;

 

 

09600HB2247ham001 - 35 - LRB096 07723 ASK 23786 a

1                 (ii) any delegation must be of controlled
2             substances prescribed by the collaborating
3             physician;
4                 (iii) all prescriptions must be limited to no
5             more than a 30-day oral dosage, with any
6             continuation authorized only after prior approval
7             of the collaborating physician;
8                 (iv) the advanced practice nurse must discuss
9             the condition of any patients for whom a controlled
10             substance is prescribed monthly with the
11             delegating physician; and
12                 (v) the advanced practice nurse must have
13             completed the appropriate application forms and
14             paid the required fees as set by rule; or
15         (3) (2) with respect to animal euthanasia agencies, the
16     euthanasia agency has obtained a license from the
17     Department of Professional Regulation and obtained a
18     registration number from the Department.
19     (b) The mid-level practitioner shall only be licensed to
20 prescribe those schedules of controlled substances for which a
21 licensed physician or licensed podiatrist has delegated
22 prescriptive authority, except that an animal a euthanasia
23 agency does not have any prescriptive authority. A physician
24 assistant and an advanced practice nurse are prohibited from
25 prescribing medications and controlled substances not set
26 forth in the required written delegation of authority.

 

 

09600HB2247ham001 - 36 - LRB096 07723 ASK 23786 a

1     (c) Upon completion of all registration requirements,
2 physician assistants, advanced practice nurses, and animal
3 euthanasia agencies shall be issued a mid-level practitioner
4 controlled substances license for Illinois.
5 (Source: P.A. 95-639, eff. 10-5-07.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.".