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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Nurse Practice Act is amended by changing | ||||||
5 | Sections 65-5 and 65-40 as follows:
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6 | (225 ILCS 65/65-5)
(was 225 ILCS 65/15-10)
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7 | (Section scheduled to be repealed on January 1, 2018)
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8 | Sec. 65-5. Qualifications for APN licensure.
| ||||||
9 | (a) Each applicant who successfully meets the requirements | ||||||
10 | of this Section shall be entitled to licensure as an advanced | ||||||
11 | practice nurse. | ||||||
12 | (b) An applicant for licensure to practice as an advanced | ||||||
13 | practice nurse must do each of the following:
| ||||||
14 | (1) Submit a completed application and any fees as | ||||||
15 | established by the Department.
| ||||||
16 | (2) Hold a current license to practice as a
registered | ||||||
17 | professional nurse under this Act.
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18 | (3) Have successfully completed requirements to | ||||||
19 | practice as, and holds a
current, national certification | ||||||
20 | as, a nurse midwife, clinical nurse specialist,
nurse | ||||||
21 | practitioner, or certified registered nurse anesthetist | ||||||
22 | from the
appropriate national certifying body as | ||||||
23 | determined by rule of the Department.
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1 | (4) Have obtained a graduate degree appropriate for | ||||||
2 | national certification in a clinical advanced practice | ||||||
3 | nursing specialty or a graduate degree or post-master's | ||||||
4 | certificate from a graduate level program in a clinical | ||||||
5 | advanced practice nursing specialty.
| ||||||
6 | (5) Have not violated the provisions of this Act | ||||||
7 | concerning the grounds for disciplinary action. The | ||||||
8 | Department may take into consideration any felony | ||||||
9 | conviction of the applicant, but such a conviction may not | ||||||
10 | operate as an absolute bar to licensure. | ||||||
11 | (6) Submit to the criminal history records check | ||||||
12 | required under Section 50-35 of this Act.
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13 | (b-5) A registered professional nurse seeking licensure as | ||||||
14 | an advanced practice nurse in the category of certified | ||||||
15 | registered nurse anesthetist who does not have a graduate | ||||||
16 | degree as described in subsection (b) of this Section shall be | ||||||
17 | qualified for licensure if that person: | ||||||
18 | (1) submits evidence of having successfully completed | ||||||
19 | a nurse anesthesia program described in item (4) of | ||||||
20 | subsection (b) of this Section prior to January 1, 1999; | ||||||
21 | (2) submits evidence of certification as a registered | ||||||
22 | nurse anesthetist by an appropriate national certifying | ||||||
23 | body; and | ||||||
24 | (3) has continually maintained active, up-to-date | ||||||
25 | recertification status as a certified registered nurse | ||||||
26 | anesthetist by an appropriate national recertifying body. |
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1 | (b-10) The Department shall issue a certified registered | ||||||
2 | nurse anesthetist license to an APN who (i) does not have a | ||||||
3 | graduate degree, (ii) applies for licensure before July 1, | ||||||
4 | 2018, and (iii) submits all of the following to the Department: | ||||||
5 | (1) His or her current State registered nurse license | ||||||
6 | number. | ||||||
7 | (2) Proof of current national certification, which | ||||||
8 | includes the completion of an examination from either of | ||||||
9 | the following: | ||||||
10 | (A) the Council on Certification of the American | ||||||
11 | Association of Nurse Anesthetists; or | ||||||
12 | (B) the Council on Recertification of the American | ||||||
13 | Association of Nurse Anesthetists. | ||||||
14 | (3) Proof of the successful completion of a post-basic | ||||||
15 | advanced practice formal education program in the area of | ||||||
16 | nurse anesthesia prior to January 1, 1999. | ||||||
17 | (4) His or her complete work history for the 5-year | ||||||
18 | period immediately preceding the date of his or her | ||||||
19 | application. | ||||||
20 | (5) Verification of licensure as an advanced practice | ||||||
21 | nurse from the state in which he or she was originally | ||||||
22 | licensed, current state of licensure, and any other state | ||||||
23 | in which he or she has been actively practicing as an | ||||||
24 | advanced practice nurse within the 5-year period | ||||||
25 | immediately preceding the date of his or her application. | ||||||
26 | If applicable, this verification must state: |
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1 | (A) the time during which he or she was licensed in | ||||||
2 | each state, including the date of the original issuance | ||||||
3 | of each license; and | ||||||
4 | (B) any disciplinary action taken or pending | ||||||
5 | concerning any nursing license held, currently or in | ||||||
6 | the past, by the applicant. | ||||||
7 | (6) The required fee. | ||||||
8 | (c) Those applicants seeking licensure in more than one | ||||||
9 | advanced practice nursing specialty need not possess multiple | ||||||
10 | graduate degrees. Applicants may be eligible for licenses for | ||||||
11 | multiple advanced practice nurse licensure specialties, | ||||||
12 | provided that the applicant (i) has met the requirements for at | ||||||
13 | least one advanced practice nursing specialty under paragraphs | ||||||
14 | (3) and (5) of subsection (a) of this Section, (ii) possesses | ||||||
15 | an additional graduate education that results in a certificate | ||||||
16 | for another clinical advanced practice nurse specialty and that | ||||||
17 | meets the requirements for the national certification from the | ||||||
18 | appropriate nursing specialty, and (iii) holds a current | ||||||
19 | national certification from the appropriate national | ||||||
20 | certifying body for that additional advanced practice nursing | ||||||
21 | specialty.
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22 | (d) Any person who holds a valid license as an advanced | ||||||
23 | practice nurse issued under this Act as this Act existed before | ||||||
24 | the effective date of this amendatory Act of the 95th General | ||||||
25 | Assembly shall be subject only to the advanced practice nurse | ||||||
26 | license renewal requirements of this Act as this Act exists on |
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1 | and after the effective date of this amendatory Act of the 95th | ||||||
2 | General Assembly upon the expiration of that license.
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3 | (Source: P.A. 94-348, eff. 7-28-05; 95-639, eff. 10-5-07.)
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4 | (225 ILCS 65/65-40)
(was 225 ILCS 65/15-20)
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5 | (Section scheduled to be repealed on January 1, 2018)
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6 | Sec. 65-40. Prescriptive authority.
| ||||||
7 | (a) A collaborating
physician or podiatrist may, but is not | ||||||
8 | required to, delegate
prescriptive authority to an advanced | ||||||
9 | practice
nurse as part of a written collaborative agreement. | ||||||
10 | This authority may, but is
not required to, include
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11 | prescription of, selection of, orders for, administration of, | ||||||
12 | storage of, acceptance of samples of, and dispensing over the | ||||||
13 | counter medications, legend drugs, medical gases, and | ||||||
14 | controlled
substances categorized as
any Schedule III through , | ||||||
15 | III-N, IV,
or V controlled substances, as defined in Article II | ||||||
16 | of the
Illinois Controlled Substances Act, and other | ||||||
17 | preparations, including, but not limited to, botanical and | ||||||
18 | herbal remedies. The collaborating physician or podiatrist | ||||||
19 | must have a valid current Illinois controlled substance license | ||||||
20 | and federal registration to delegate authority to prescribe | ||||||
21 | delegated controlled substances.
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22 | (b) To prescribe controlled
substances under this Section, | ||||||
23 | an advanced practice
nurse must obtain a mid-level practitioner | ||||||
24 | controlled substance license.
Medication orders shall be
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25 | reviewed
periodically by the collaborating physician or |
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1 | podiatrist.
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2 | (c) The collaborating physician or podiatrist shall file | ||||||
3 | with the
Department notice of delegation of prescriptive | ||||||
4 | authority
and
termination of such delegation, in accordance | ||||||
5 | with rules of the Department.
Upon receipt of this notice | ||||||
6 | delegating authority to prescribe any Schedule III through ,
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7 | III-N, IV, or V controlled substances, the licensed advanced | ||||||
8 | practice nurse shall be
eligible to register for a mid-level | ||||||
9 | practitioner controlled substance license
under Section 303.05 | ||||||
10 | of the Illinois Controlled Substances Act.
| ||||||
11 | (d) In addition to the requirements of subsections (a), | ||||||
12 | (b), and (c) of this Section, a collaborating physician may, | ||||||
13 | but is not required to, delegate authority to an advanced | ||||||
14 | practice nurse to prescribe any Schedule II or II-N controlled | ||||||
15 | substances, if all of the following conditions apply: | ||||||
16 | (1) No more than 5 Schedule II or II-N controlled | ||||||
17 | substances by oral dosage may be delegated. | ||||||
18 | (2) Any delegation must be controlled substances that | ||||||
19 | the collaborating physician prescribes. | ||||||
20 | (3) Any prescription must be limited to no more than a | ||||||
21 | 30-day oral dosage, with any continuation authorized only | ||||||
22 | after prior approval of the collaborating physician. | ||||||
23 | (4) The advanced practice nurse must discuss the | ||||||
24 | condition of any patients for whom a controlled substance | ||||||
25 | is prescribed monthly with the delegating physician.
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26 | (e) Nothing in this Act shall be construed to limit the |
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1 | delegation of tasks
or duties by a physician to a licensed | ||||||
2 | practical nurse, a registered
professional nurse, or other | ||||||
3 | persons.
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4 | (Source: P.A. 95-639, eff. 10-5-07.)
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5 | Section 10. The Pharmacy Practice Act is amended by | ||||||
6 | changing Section 4 as follows:
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7 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
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8 | (Section scheduled to be repealed on January 1, 2018)
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9 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
10 | this Act shall
apply
to, or in any manner interfere with:
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11 | (a) the lawful practice of any physician licensed to | ||||||
12 | practice medicine in
all of its branches, dentist, podiatrist,
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13 | veterinarian, or therapeutically or diagnostically certified | ||||||
14 | optometrist within
the limits of
his or her license, or prevent | ||||||
15 | him or her from
supplying to his
or her
bona fide patients
such | ||||||
16 | drugs, medicines, or poisons as may seem to him appropriate;
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17 | (b) the sale of compressed gases;
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18 | (c) the sale of patent or proprietary medicines and | ||||||
19 | household remedies
when sold in original and unbroken packages | ||||||
20 | only, if such patent or
proprietary medicines and household | ||||||
21 | remedies be properly and adequately
labeled as to content and | ||||||
22 | usage and generally considered and accepted
as harmless and | ||||||
23 | nonpoisonous when used according to the directions
on the | ||||||
24 | label, and also do not contain opium or coca leaves, or any
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1 | compound, salt or derivative thereof, or any drug which, | ||||||
2 | according
to the latest editions of the following authoritative | ||||||
3 | pharmaceutical
treatises and standards, namely, The United | ||||||
4 | States Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
5 | States Dispensatory, and the Accepted
Dental Remedies of the | ||||||
6 | Council of Dental Therapeutics of the American
Dental | ||||||
7 | Association or any or either of them, in use on the effective
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8 | date of this Act, or according to the existing provisions of | ||||||
9 | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||||||
10 | Department of Health
and Human Services, Food and Drug | ||||||
11 | Administration, promulgated thereunder
now in effect, is | ||||||
12 | designated, described or considered as a narcotic,
hypnotic, | ||||||
13 | habit forming, dangerous, or poisonous drug;
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14 | (d) the sale of poultry and livestock remedies in original | ||||||
15 | and unbroken
packages only, labeled for poultry and livestock | ||||||
16 | medication;
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17 | (e) the sale of poisonous substances or mixture of | ||||||
18 | poisonous substances,
in unbroken packages, for nonmedicinal | ||||||
19 | use in the arts or industries
or for insecticide purposes; | ||||||
20 | provided, they are properly and adequately
labeled as to | ||||||
21 | content and such nonmedicinal usage, in conformity
with the | ||||||
22 | provisions of all applicable federal, state and local laws
and | ||||||
23 | regulations promulgated thereunder now in effect relating | ||||||
24 | thereto
and governing the same, and those which are required | ||||||
25 | under such applicable
laws and regulations to be labeled with | ||||||
26 | the word "Poison", are also labeled
with the word "Poison" |
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1 | printed
thereon in prominent type and the name of a readily | ||||||
2 | obtainable antidote
with directions for its administration;
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3 | (f) the delegation of limited prescriptive authority by a | ||||||
4 | physician
licensed to
practice medicine in all its branches to | ||||||
5 | a physician assistant
under Section 7.5 of the Physician | ||||||
6 | Assistant Practice Act of 1987. This
delegated authority under | ||||||
7 | Section 7.5 of the Physician Assistant Practice Act of 1987 may | ||||||
8 | but is not required to include prescription of
controlled | ||||||
9 | substances, as defined in Article II of the
Illinois Controlled | ||||||
10 | Substances Act, in accordance with written guidelines; and
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11 | (g) The delegation of prescriptive authority by a physician
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12 | licensed to practice medicine in all its branches or a licensed | ||||||
13 | podiatrist to an advanced practice
nurse in accordance with a | ||||||
14 | written collaborative
agreement under Sections Section 65-35 | ||||||
15 | and 65-40 of the Nurse Practice Act. This authority, which is | ||||||
16 | delegated under Section 65-40 of the Nurse Practice Act, may | ||||||
17 | but is not required to
include the prescription of Schedule | ||||||
18 | III, IV, or V controlled substances as
defined
in Article II of | ||||||
19 | the Illinois Controlled Substances Act.
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20 | (Source: P.A. 95-639, eff. 10-5-07 .)
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21 | Section 15. The Illinois Controlled Substances Act is | ||||||
22 | amended by changing Sections 102 and 303.05 as follows: | ||||||
23 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
24 | Sec. 102. Definitions. As used in this Act, unless the |
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1 | context
otherwise requires:
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2 | (a) "Addict" means any person who habitually uses any drug, | ||||||
3 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
4 | to endanger the public
morals, health, safety or welfare or who | ||||||
5 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
6 | substance other than alcohol as to have lost
the power of self | ||||||
7 | control with reference to his addiction.
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8 | (b) "Administer" means the direct application of a | ||||||
9 | controlled
substance, whether by injection, inhalation, | ||||||
10 | ingestion, or any other
means, to the body of a patient, | ||||||
11 | research subject, or animal (as
defined by the Humane | ||||||
12 | Euthanasia in Animal Shelters Act) by:
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13 | (1) a practitioner (or, in his presence, by his | ||||||
14 | authorized agent),
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15 | (2) the patient or research subject at the lawful | ||||||
16 | direction of the
practitioner, or
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17 | (3) a euthanasia technician as defined by the Humane | ||||||
18 | Euthanasia in
Animal Shelters Act.
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19 | (c) "Agent" means an authorized person who acts on behalf | ||||||
20 | of or at
the direction of a manufacturer, distributor, or | ||||||
21 | dispenser. It does not
include a common or contract carrier, | ||||||
22 | public warehouseman or employee of
the carrier or warehouseman.
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23 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
24 | substance,
chemically and pharmacologically related to | ||||||
25 | testosterone (other than
estrogens, progestins, and | ||||||
26 | corticosteroids) that promotes muscle growth,
and includes:
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1 | (i) boldenone,
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2 | (ii) chlorotestosterone,
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3 | (iii) chostebol,
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4 | (iv) dehydrochlormethyltestosterone,
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5 | (v) dihydrotestosterone,
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6 | (vi) drostanolone,
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7 | (vii) ethylestrenol,
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8 | (viii) fluoxymesterone,
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9 | (ix) formebulone,
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10 | (x) mesterolone,
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11 | (xi) methandienone,
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12 | (xii) methandranone,
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13 | (xiii) methandriol,
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14 | (xiv) methandrostenolone,
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15 | (xv) methenolone,
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16 | (xvi) methyltestosterone,
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17 | (xvii) mibolerone,
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18 | (xviii) nandrolone,
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19 | (xix) norethandrolone,
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20 | (xx) oxandrolone,
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21 | (xxi) oxymesterone,
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22 | (xxii) oxymetholone,
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23 | (xxiii) stanolone,
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24 | (xxiv) stanozolol,
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25 | (xxv) testolactone,
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26 | (xxvi) testosterone,
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1 | (xxvii) trenbolone, and
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2 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
3 | substance described
or listed in this paragraph, if | ||||||
4 | that salt, ester, or isomer promotes muscle
growth.
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5 | Any person who is otherwise lawfully in possession of an | ||||||
6 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
7 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
8 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
9 | expressly intended for and lawfully allowed to be
administered | ||||||
10 | through implants to livestock or other nonhuman species, and
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11 | which is approved by the Secretary of Health and Human Services | ||||||
12 | for such
administration, and which the person intends to | ||||||
13 | administer or have
administered through such implants, shall | ||||||
14 | not be considered to be in
unauthorized possession or to | ||||||
15 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
16 | possess with intent to deliver such anabolic steroid for
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17 | purposes of this Act.
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18 | (d) "Administration" means the Drug Enforcement | ||||||
19 | Administration,
United States Department of Justice, or its | ||||||
20 | successor agency.
| ||||||
21 | (e) "Control" means to add a drug or other substance, or | ||||||
22 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
23 | whether by
transfer from another Schedule or otherwise.
| ||||||
24 | (f) "Controlled Substance" means a drug, substance, or | ||||||
25 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
26 | (g) "Counterfeit substance" means a controlled substance, |
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1 | which, or
the container or labeling of which, without | ||||||
2 | authorization bears the
trademark, trade name, or other | ||||||
3 | identifying mark, imprint, number or
device, or any likeness | ||||||
4 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
5 | than the person who in fact manufactured, distributed,
or | ||||||
6 | dispensed the substance.
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7 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
8 | or
attempted transfer of possession of a controlled substance, | ||||||
9 | with or
without consideration, whether or not there is an | ||||||
10 | agency relationship.
| ||||||
11 | (i) "Department" means the Illinois Department of Human | ||||||
12 | Services (as
successor to the Department of Alcoholism and | ||||||
13 | Substance Abuse) or its successor agency.
| ||||||
14 | (j) "Department of State Police" means the Department of | ||||||
15 | State
Police of the State of Illinois or its successor agency.
| ||||||
16 | (k) "Department of Corrections" means the Department of | ||||||
17 | Corrections
of the State of Illinois or its successor agency.
| ||||||
18 | (l) "Department of Professional Regulation" means the | ||||||
19 | Department
of Professional Regulation of the State of Illinois | ||||||
20 | or its successor agency.
| ||||||
21 | (m) "Depressant" or "stimulant substance" means:
| ||||||
22 | (1) a drug which contains any quantity of (i) | ||||||
23 | barbituric acid or
any of the salts of barbituric acid | ||||||
24 | which has been designated as habit
forming under section | ||||||
25 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
26 | U.S.C. 352 (d)); or
|
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| |||||||
1 | (2) a drug which contains any quantity of (i) | ||||||
2 | amphetamine or
methamphetamine and any of their optical | ||||||
3 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
4 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
5 | substance which the Department, after
investigation, has | ||||||
6 | found to be, and by rule designated as, habit forming
| ||||||
7 | because of its depressant or stimulant effect on the | ||||||
8 | central nervous
system; or
| ||||||
9 | (3) lysergic acid diethylamide; or
| ||||||
10 | (4) any drug which contains any quantity of a substance | ||||||
11 | which the
Department, after investigation, has found to | ||||||
12 | have, and by rule
designated as having, a potential for | ||||||
13 | abuse because of its depressant or
stimulant effect on the | ||||||
14 | central nervous system or its hallucinogenic
effect.
| ||||||
15 | (n) (Blank).
| ||||||
16 | (o) "Director" means the Director of the Department of | ||||||
17 | State Police or
the Department of Professional Regulation or | ||||||
18 | his designated agents.
| ||||||
19 | (p) "Dispense" means to deliver a controlled substance to | ||||||
20 | an
ultimate user or research subject by or pursuant to the | ||||||
21 | lawful order of
a prescriber, including the prescribing, | ||||||
22 | administering, packaging,
labeling, or compounding necessary | ||||||
23 | to prepare the substance for that
delivery.
| ||||||
24 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
25 | (r) "Distribute" means to deliver, other than by | ||||||
26 | administering or
dispensing, a controlled substance.
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1 | (s) "Distributor" means a person who distributes.
| ||||||
2 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
3 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
4 | Pharmacopoeia of the
United States, or official National | ||||||
5 | Formulary, or any supplement to any
of them; (2) substances | ||||||
6 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
7 | prevention of disease in man or animals; (3) substances
(other | ||||||
8 | than food) intended to affect the structure of any function of
| ||||||
9 | the body of man or animals and (4) substances intended for use | ||||||
10 | as a
component of any article specified in clause (1), (2), or | ||||||
11 | (3) of this
subsection. It does not include devices or their | ||||||
12 | components, parts, or
accessories.
| ||||||
13 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
14 | Department of Professional Regulation for the
purpose of animal | ||||||
15 | euthanasia that holds an animal control facility license or
| ||||||
16 | animal
shelter license under the Animal Welfare Act. A | ||||||
17 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
18 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
19 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
20 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
21 | substances
(nonnarcotic controlled substances) that are used | ||||||
22 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
23 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
24 | controlled
substance by a practitioner in the regular course of | ||||||
25 | professional
treatment to or for any person who is under his | ||||||
26 | treatment for a
pathology or condition other than that |
| |||||||
| |||||||
1 | individual's physical or
psychological dependence upon or | ||||||
2 | addiction to a controlled substance,
except as provided herein: | ||||||
3 | and application of the term to a pharmacist
shall mean the | ||||||
4 | dispensing of a controlled substance pursuant to the
| ||||||
5 | prescriber's order which in the professional judgment of the | ||||||
6 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
7 | accepted professional
standards including, but not limited to | ||||||
8 | the following, in making the
judgment:
| ||||||
9 | (1) lack of consistency of doctor-patient | ||||||
10 | relationship,
| ||||||
11 | (2) frequency of prescriptions for same drug by one | ||||||
12 | prescriber for
large numbers of patients,
| ||||||
13 | (3) quantities beyond those normally prescribed,
| ||||||
14 | (4) unusual dosages,
| ||||||
15 | (5) unusual geographic distances between patient, | ||||||
16 | pharmacist and
prescriber,
| ||||||
17 | (6) consistent prescribing of habit-forming drugs.
| ||||||
18 | (u-1) "Home infusion services" means services provided by a | ||||||
19 | pharmacy in
compounding solutions for direct administration to | ||||||
20 | a patient in a private
residence, long-term care facility, or | ||||||
21 | hospice setting by means of parenteral,
intravenous, | ||||||
22 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
23 | (v) "Immediate precursor" means a substance:
| ||||||
24 | (1) which the Department has found to be and by rule | ||||||
25 | designated as
being a principal compound used, or produced | ||||||
26 | primarily for use, in the
manufacture of a controlled |
| |||||||
| |||||||
1 | substance;
| ||||||
2 | (2) which is an immediate chemical intermediary used or | ||||||
3 | likely to
be used in the manufacture of such controlled | ||||||
4 | substance; and
| ||||||
5 | (3) the control of which is necessary to prevent, | ||||||
6 | curtail or limit
the manufacture of such controlled | ||||||
7 | substance.
| ||||||
8 | (w) "Instructional activities" means the acts of teaching, | ||||||
9 | educating
or instructing by practitioners using controlled | ||||||
10 | substances within
educational facilities approved by the State | ||||||
11 | Board of Education or
its successor agency.
| ||||||
12 | (x) "Local authorities" means a duly organized State, | ||||||
13 | County or
Municipal peace unit or police force.
| ||||||
14 | (y) "Look-alike substance" means a substance, other than a | ||||||
15 | controlled
substance which (1) by overall dosage unit | ||||||
16 | appearance, including shape,
color, size, markings or lack | ||||||
17 | thereof, taste, consistency, or any other
identifying physical | ||||||
18 | characteristic of the substance, would lead a reasonable
person | ||||||
19 | to believe that the substance is a controlled substance, or (2) | ||||||
20 | is
expressly or impliedly represented to be a controlled | ||||||
21 | substance or is
distributed under circumstances which would | ||||||
22 | lead a reasonable person to
believe that the substance is a | ||||||
23 | controlled substance. For the purpose of
determining whether | ||||||
24 | the representations made or the circumstances of the
| ||||||
25 | distribution would lead a reasonable person to believe the | ||||||
26 | substance to be
a controlled substance under this clause (2) of |
| |||||||
| |||||||
1 | subsection (y), the court or
other authority may consider the | ||||||
2 | following factors in addition to any other
factor that may be | ||||||
3 | relevant:
| ||||||
4 | (a) statements made by the owner or person in control | ||||||
5 | of the substance
concerning its nature, use or effect;
| ||||||
6 | (b) statements made to the buyer or recipient that the | ||||||
7 | substance may
be resold for profit;
| ||||||
8 | (c) whether the substance is packaged in a manner | ||||||
9 | normally used for the
illegal distribution of controlled | ||||||
10 | substances;
| ||||||
11 | (d) whether the distribution or attempted distribution | ||||||
12 | included an
exchange of or demand for money or other | ||||||
13 | property as consideration, and
whether the amount of the | ||||||
14 | consideration was substantially greater than the
| ||||||
15 | reasonable retail market value of the substance.
| ||||||
16 | Clause (1) of this subsection (y) shall not apply to a | ||||||
17 | noncontrolled
substance in its finished dosage form that was | ||||||
18 | initially introduced into
commerce prior to the initial | ||||||
19 | introduction into commerce of a controlled
substance in its | ||||||
20 | finished dosage form which it may substantially resemble.
| ||||||
21 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
22 | distributing
of noncontrolled substances by persons authorized | ||||||
23 | to dispense and
distribute controlled substances under this | ||||||
24 | Act, provided that such action
would be deemed to be carried | ||||||
25 | out in good faith under subsection (u) if the
substances | ||||||
26 | involved were controlled substances.
|
| |||||||
| |||||||
1 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
2 | manufacture,
preparation, propagation, compounding, | ||||||
3 | processing, packaging, advertising
or distribution of a drug or | ||||||
4 | drugs by any person registered pursuant to
Section 510 of the | ||||||
5 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
6 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
7 | located in a state
of the United States, other than Illinois, | ||||||
8 | that delivers, dispenses or
distributes, through the United | ||||||
9 | States Postal Service or other common
carrier, to Illinois | ||||||
10 | residents, any substance which requires a prescription.
| ||||||
11 | (z) "Manufacture" means the production, preparation, | ||||||
12 | propagation,
compounding, conversion or processing of a | ||||||
13 | controlled substance other than methamphetamine, either
| ||||||
14 | directly or indirectly, by extraction from substances of | ||||||
15 | natural origin,
or independently by means of chemical | ||||||
16 | synthesis, or by a combination of
extraction and chemical | ||||||
17 | synthesis, and includes any packaging or
repackaging of the | ||||||
18 | substance or labeling of its container, except that
this term | ||||||
19 | does not include:
| ||||||
20 | (1) by an ultimate user, the preparation or compounding | ||||||
21 | of a
controlled substance for his own use; or
| ||||||
22 | (2) by a practitioner, or his authorized agent under | ||||||
23 | his
supervision, the preparation, compounding, packaging, | ||||||
24 | or labeling of a
controlled substance:
| ||||||
25 | (a) as an incident to his administering or | ||||||
26 | dispensing of a
controlled substance in the course of |
| |||||||
| |||||||
1 | his professional practice; or
| ||||||
2 | (b) as an incident to lawful research, teaching or | ||||||
3 | chemical
analysis and not for sale.
| ||||||
4 | (z-1) (Blank).
| ||||||
5 | (aa) "Narcotic drug" means any of the following, whether | ||||||
6 | produced
directly or indirectly by extraction from substances | ||||||
7 | of natural origin,
or independently by means of chemical | ||||||
8 | synthesis, or by a combination of
extraction and chemical | ||||||
9 | synthesis:
| ||||||
10 | (1) opium and opiate, and any salt, compound, | ||||||
11 | derivative, or
preparation of opium or opiate;
| ||||||
12 | (2) any salt, compound, isomer, derivative, or | ||||||
13 | preparation thereof
which is chemically equivalent or | ||||||
14 | identical with any of the substances
referred to in clause | ||||||
15 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
16 | (3) opium poppy and poppy straw;
| ||||||
17 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
18 | of an isomer,
derivative, or preparation of coca leaves | ||||||
19 | including cocaine or ecgonine,
and any salt, compound, | ||||||
20 | isomer, derivative, or preparation thereof which is
| ||||||
21 | chemically equivalent or identical with any of these | ||||||
22 | substances, but not
including decocainized coca leaves or | ||||||
23 | extractions of coca leaves which do
not contain cocaine or | ||||||
24 | ecgonine (for the purpose of this paragraph, the
term | ||||||
25 | "isomer" includes optical, positional and geometric | ||||||
26 | isomers).
|
| |||||||
| |||||||
1 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
2 | Nurse Practice Act.
| ||||||
3 | (cc) (Blank).
| ||||||
4 | (dd) "Opiate" means any substance having an addiction | ||||||
5 | forming or
addiction sustaining liability similar to morphine | ||||||
6 | or being capable of
conversion into a drug having addiction | ||||||
7 | forming or addiction sustaining
liability.
| ||||||
8 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
9 | somniferum L., except its seeds.
| ||||||
10 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
11 | Board of
the State of Illinois or its successor agency.
| ||||||
12 | (gg) "Person" means any individual, corporation, | ||||||
13 | mail-order pharmacy,
government or governmental subdivision or | ||||||
14 | agency, business trust, estate,
trust, partnership or | ||||||
15 | association, or any other entity.
| ||||||
16 | (hh) "Pharmacist" means any person who holds a license or | ||||||
17 | certificate of
registration as a registered pharmacist, a local | ||||||
18 | registered pharmacist
or a registered assistant pharmacist | ||||||
19 | under the Pharmacy Practice Act.
| ||||||
20 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
21 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
22 | Practice Act.
| ||||||
23 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
24 | the opium
poppy, after mowing.
| ||||||
25 | (kk) "Practitioner" means a physician licensed to practice | ||||||
26 | medicine in all
its branches, dentist, optometrist, |
| |||||||
| |||||||
1 | podiatrist,
veterinarian, scientific investigator, pharmacist, | ||||||
2 | physician assistant,
advanced practice nurse,
licensed | ||||||
3 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
4 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
5 | lawfully permitted by the
United States or this State to | ||||||
6 | distribute, dispense, conduct research
with respect to, | ||||||
7 | administer or use in teaching or chemical analysis, a
| ||||||
8 | controlled substance in the course of professional practice or | ||||||
9 | research.
| ||||||
10 | (ll) "Pre-printed prescription" means a written | ||||||
11 | prescription upon which
the designated drug has been indicated | ||||||
12 | prior to the time of issuance.
| ||||||
13 | (mm) "Prescriber" means a physician licensed to practice | ||||||
14 | medicine in all
its branches, dentist, optometrist, podiatrist | ||||||
15 | or
veterinarian who issues a prescription, a physician | ||||||
16 | assistant who
issues a
prescription for a Schedule III, IV, or | ||||||
17 | V controlled substance
in accordance
with Section 303.05 and | ||||||
18 | the written guidelines required under Section 7.5
of the
| ||||||
19 | Physician Assistant Practice Act of 1987, or an advanced | ||||||
20 | practice
nurse with prescriptive authority delegated under | ||||||
21 | Section 65-40 of the Nurse Practice Act and in accordance with | ||||||
22 | Section 303.05 , a written delegation,
and a written
| ||||||
23 | collaborative agreement under Section 65-35 of the Nurse | ||||||
24 | Practice Act.
| ||||||
25 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
26 | verbal order
of
a physician licensed to practice medicine in |
| |||||||
| |||||||
1 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
2 | controlled
substance, of an optometrist for a Schedule III, IV, | ||||||
3 | or V controlled substance in accordance with Section 15.1 of | ||||||
4 | the Illinois Optometric Practice Act of 1987, of a physician | ||||||
5 | assistant for a Schedule III, IV, or V
controlled substance
in | ||||||
6 | accordance with Section 303.05 and the written guidelines | ||||||
7 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
8 | Act of 1987, or of an advanced practice
nurse with prescriptive | ||||||
9 | authority delegated under Section 65-40 of the Nurse Practice | ||||||
10 | Act who issues a prescription for a Schedule III, IV, or V
| ||||||
11 | controlled substance in accordance
with
Section 303.05 , a | ||||||
12 | written delegation, and a written collaborative agreement | ||||||
13 | under Section 65-35 of the Nurse Practice Act.
| ||||||
14 | (oo) "Production" or "produce" means manufacture, | ||||||
15 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
16 | substance other than methamphetamine.
| ||||||
17 | (pp) "Registrant" means every person who is required to | ||||||
18 | register
under Section 302 of this Act.
| ||||||
19 | (qq) "Registry number" means the number assigned to each | ||||||
20 | person
authorized to handle controlled substances under the | ||||||
21 | laws of the United
States and of this State.
| ||||||
22 | (rr) "State" includes the State of Illinois and any state, | ||||||
23 | district,
commonwealth, territory, insular possession thereof, | ||||||
24 | and any area
subject to the legal authority of the United | ||||||
25 | States of America.
| ||||||
26 | (ss) "Ultimate user" means a person who lawfully possesses |
| |||||||
| |||||||
1 | a
controlled substance for his own use or for the use of a | ||||||
2 | member of his
household or for administering to an animal owned | ||||||
3 | by him or by a member
of his household.
| ||||||
4 | (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | ||||||
5 | 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. | ||||||
6 | 8-21-08.)
| ||||||
7 | (720 ILCS 570/303.05)
| ||||||
8 | Sec. 303.05. Mid-level practitioner registration.
| ||||||
9 | (a) The Department of Professional Regulation shall | ||||||
10 | register licensed
physician assistants and licensed advanced | ||||||
11 | practice nurses to prescribe and
dispense Schedule
III, IV, or | ||||||
12 | V controlled substances under Section 303 and euthanasia
| ||||||
13 | agencies to purchase, store, or administer animal euthanasia | ||||||
14 | drugs under the
following circumstances:
| ||||||
15 | (1) with respect to physician assistants or advanced | ||||||
16 | practice nurses ,
| ||||||
17 | (A) the physician assistant or advanced practice | ||||||
18 | nurse has been
delegated
prescriptive authority to | ||||||
19 | prescribe any Schedule III through V controlled | ||||||
20 | substances by a physician licensed to practice | ||||||
21 | medicine in all its
branches in accordance with Section | ||||||
22 | 7.5 of the Physician Assistant Practice Act
of 1987 or | ||||||
23 | Section 65-40 of the Nurse Practice Act ;
and
| ||||||
24 | (B) the physician assistant or advanced practice | ||||||
25 | nurse has
completed the
appropriate application forms |
| |||||||
| |||||||
1 | and has paid the required fees as set by rule;
or
| ||||||
2 | (2) with respect to advanced practice nurses, | ||||||
3 | (A) the advanced practice nurse has been delegated
| ||||||
4 | authority to prescribe any Schedule III through V | ||||||
5 | controlled substances by a physician licensed to | ||||||
6 | practice medicine in all its branches or a podiatrist | ||||||
7 | in accordance with Section 65-40 of the Nurse Practice
| ||||||
8 | Act. The advanced practice nurse has completed the
| ||||||
9 | appropriate application forms and has paid the | ||||||
10 | required
fees as set by rule; or | ||||||
11 | (B) the advanced practice nurse has been delegated
| ||||||
12 | authority by a collaborating physician licensed to | ||||||
13 | practice medicine in all its branches to prescribe or | ||||||
14 | dispense Schedule II controlled substances through a | ||||||
15 | written delegation of authority and under the | ||||||
16 | following conditions: | ||||||
17 | (i) no more than 5 Schedule II controlled | ||||||
18 | substances by oral dosage may be delegated; | ||||||
19 | (ii) any delegation must be of controlled | ||||||
20 | substances prescribed by the collaborating | ||||||
21 | physician; | ||||||
22 | (iii) all prescriptions must be limited to no | ||||||
23 | more than a 30-day oral dosage, with any | ||||||
24 | continuation authorized only after prior approval | ||||||
25 | of the collaborating physician; | ||||||
26 | (iv) the advanced practice nurse must discuss |
| |||||||
| |||||||
1 | the condition of any patients for whom a controlled | ||||||
2 | substance is prescribed monthly with the | ||||||
3 | delegating physician; and | ||||||
4 | (v) the advanced practice nurse must have | ||||||
5 | completed the appropriate application forms and | ||||||
6 | paid the required fees as set by rule; or | ||||||
7 | (3) (2) with respect to animal euthanasia agencies, the | ||||||
8 | euthanasia agency has
obtained a license from the | ||||||
9 | Department of
Professional Regulation and obtained a | ||||||
10 | registration number from the
Department.
| ||||||
11 | (b) The mid-level practitioner shall only be licensed to | ||||||
12 | prescribe those
schedules of controlled substances for which a | ||||||
13 | licensed physician or licensed podiatrist has delegated
| ||||||
14 | prescriptive authority, except that an animal a euthanasia | ||||||
15 | agency does not have any
prescriptive authority.
A physician | ||||||
16 | assistant and an advanced practice nurse are prohibited from | ||||||
17 | prescribing medications and controlled substances not set | ||||||
18 | forth in the required written delegation of authority.
| ||||||
19 | (c) Upon completion of all registration requirements, | ||||||
20 | physician
assistants, advanced practice nurses, and animal | ||||||
21 | euthanasia agencies shall be issued a
mid-level practitioner
| ||||||
22 | controlled substances license for Illinois.
| ||||||
23 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
|