97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0056

 

Introduced 1/27/2011, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the Director of the Division of Alcoholism and Substance Abuse of the Department of Human Services shall (rather than may) establish or authorize programs for prescribing, dispensing, or distributing naloxone hydrochloride or any other similarly acting and equally safe drug approved by the U.S. Food and Drug Administration for the treatment of drug overdose. Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that a person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose or a person who experiences a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of cannabis, a controlled or counterfeit substance or a controlled substance analog, or methamphetamine if the evidence for the charge of possession of cannabis, a controlled or counterfeit substance or a controlled substance analog, or methamphetamine was obtained as a result of the person seeking medical assistance. Amends the Unified Code of Corrections. Provides that it is a mitigating factor in sentencing that the defendant was making a good faith effort to obtain or provide medical assistance for someone who is experiencing a drug-related overdose. Makes other changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0056LRB097 02747 RLC 42769 b

1    AN ACT concerning drug overdoses.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Section 5-23 as follows:
 
6    (20 ILCS 301/5-23)
7    Sec. 5-23. Drug Overdose Prevention Program.
8    (a) Reports of drug overdose.
9        (1) The Director of the Division of Alcoholism and
10    Substance Abuse may publish annually a report on drug
11    overdose trends statewide that reviews State death rates
12    from available data to ascertain changes in the causes or
13    rates of fatal and nonfatal drug overdose for the preceding
14    period of not less than 5 years. The report shall also
15    provide information on interventions that would be
16    effective in reducing the rate of fatal or nonfatal drug
17    overdose.
18        (2) The report may include:
19            (A) Trends in drug overdose death rates.
20            (B) Trends in emergency room utilization related
21        to drug overdose and the cost impact of emergency room
22        utilization.
23            (C) Trends in utilization of pre-hospital and

 

 

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1        emergency services and the cost impact of emergency
2        services utilization.
3            (D) Suggested improvements in data collection.
4            (E) A description of other interventions effective
5        in reducing the rate of fatal or nonfatal drug
6        overdose.
7    (b) Programs; drug overdose prevention.
8        (1) The Director may establish a program to provide for
9    the production and publication, in electronic and other
10    formats, of drug overdose prevention, recognition, and
11    response literature. The Director may develop and
12    disseminate curricula for use by professionals,
13    organizations, individuals, or committees interested in
14    the prevention of fatal and nonfatal drug overdose,
15    including, but not limited to, drug users, jail and prison
16    personnel, jail and prison inmates, drug treatment
17    professionals, emergency medical personnel, hospital
18    staff, families and associates of drug users, peace
19    officers, firefighters, public safety officers, needle
20    exchange program staff, and other persons. In addition to
21    information regarding drug overdose prevention,
22    recognition, and response, literature produced by the
23    Department shall stress that drug use remains illegal and
24    highly dangerous and that complete abstinence from illegal
25    drug use is the healthiest choice. The literature shall
26    provide information and resources for substance abuse

 

 

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1    treatment.
2        The Director shall may establish or authorize programs
3    for prescribing, dispensing, or distributing naloxone
4    hydrochloride or any other similarly acting and equally
5    safe drug approved by the U.S. Food and Drug Administration
6    for the treatment of drug overdose. Such programs shall may
7    include the prescribing of naloxone hydrochloride or any
8    other similarly acting and equally safe drug approved by
9    the U.S. Food and Drug Administration for the treatment of
10    drug overdose to and education about administration by
11    individuals who are not personally at risk of opioid
12    overdose.
13        (2) The Director may provide advice to State and local
14    officials on the growing drug overdose crisis, including
15    the prevalence of drug overdose incidents, trends in drug
16    overdose incidents, and solutions to the drug overdose
17    crisis.
18    (c) Grants.
19        (1) The Director may award grants, in accordance with
20    this subsection, to create or support local drug overdose
21    prevention, recognition, and response projects. Local
22    health departments, correctional institutions, hospitals,
23    universities, community-based organizations, and
24    faith-based organizations may apply to the Department for a
25    grant under this subsection at the time and in the manner
26    the Director prescribes.

 

 

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1        (2) In awarding grants, the Director shall consider the
2    necessity for overdose prevention projects in various
3    settings and shall encourage all grant applicants to
4    develop interventions that will be effective and viable in
5    their local areas.
6        (3) The Director shall give preference for grants to
7    proposals that, in addition to providing life-saving
8    interventions and responses, provide information to drug
9    users on how to access drug treatment or other strategies
10    for abstaining from illegal drugs. The Director shall give
11    preference to proposals that include one or more of the
12    following elements:
13            (A) Policies and projects to encourage persons,
14        including drug users, to call 911 when they witness a
15        potentially fatal drug overdose.
16            (B) Drug overdose prevention, recognition, and
17        response education projects in drug treatment centers,
18        outreach programs, and other organizations that work
19        with, or have access to, drug users and their families
20        and communities.
21            (C) Drug overdose recognition and response
22        training, including rescue breathing, in drug
23        treatment centers and for other organizations that
24        work with, or have access to, drug users and their
25        families and communities.
26            (D) The production and distribution of targeted or

 

 

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1        mass media materials on drug overdose prevention and
2        response.
3            (E) Prescription and distribution of naloxone
4        hydrochloride or any other similarly acting and
5        equally safe drug approved by the U.S. Food and Drug
6        Administration for the treatment of drug overdose.
7            (F) The institution of education and training
8        projects on drug overdose response and treatment for
9        emergency services and law enforcement personnel.
10            (G) A system of parent, family, and survivor
11        education and mutual support groups.
12        (4) In addition to moneys appropriated by the General
13    Assembly, the Director may seek grants from private
14    foundations, the federal government, and other sources to
15    fund the grants under this Section and to fund an
16    evaluation of the programs supported by the grants.
17    (d) Health care professional prescription of drug overdose
18treatment medication.
19        (1) A health care professional who, acting in good
20    faith, directly or by standing order, prescribes or
21    dispenses an opioid antidote to a patient who, in the
22    judgment of the health care professional, is capable of
23    administering the drug in an emergency, shall not, as a
24    result of his or her acts or omissions, be subject to
25    disciplinary or other adverse action under the Medical
26    Practice Act of 1987, the Physician Assistant Practice Act

 

 

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1    of 1987, the Nurse Practice Act, the Pharmacy Practice Act,
2    or any other professional licensing statute.
3        (2) A person who is not otherwise licensed to
4    administer an opioid antidote may in an emergency
5    administer without fee an opioid antidote if the person has
6    received the patient information specified in paragraph
7    (4) of this subsection and believes in good faith that
8    another person is experiencing a drug overdose. The person
9    shall not, as a result of his or her acts or omissions, be
10    liable for any violation of the Medical Practice Act of
11    1987, the Physician Assistant Practice Act of 1987, the
12    Nurse Practice Act, the Pharmacy Practice Act, or any other
13    professional licensing statute, or subject to any criminal
14    prosecution arising from or related to the unauthorized
15    practice of medicine or the possession of an opioid
16    antidote.
17        (3) A health care professional prescribing an opioid
18    antidote to a patient shall ensure that the patient
19    receives the patient information specified in paragraph
20    (4) of this subsection. Patient information may be provided
21    by the health care professional or a community-based
22    organization, substance abuse program, or other
23    organization with which the health care professional
24    establishes a written agreement that includes a
25    description of how the organization will provide patient
26    information, how employees or volunteers providing

 

 

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1    information will be trained, and standards for documenting
2    the provision of patient information to patients.
3    Provision of patient information shall be documented in the
4    patient's medical record or through similar means as
5    determined by agreement between the health care
6    professional and the organization. The Director of the
7    Division of Alcoholism and Substance Abuse, in
8    consultation with statewide organizations representing
9    physicians, advanced practice nurses, physician
10    assistants, substance abuse programs, and other interested
11    groups, shall develop and disseminate to health care
12    professionals, community-based organizations, substance
13    abuse programs, and other organizations training materials
14    in video, electronic, or other formats to facilitate the
15    provision of such patient information.
16        (4) For the purposes of this subsection:
17        "Opioid antidote" means naloxone hydrochloride or any
18    other similarly acting and equally safe drug approved by
19    the U.S. Food and Drug Administration for the treatment of
20    drug overdose.
21        "Health care professional" means a physician licensed
22    to practice medicine in all its branches, a physician
23    assistant who has been delegated the prescription or
24    dispensation of an opioid antidote by his or her
25    supervising physician, an advanced practice registered
26    nurse who has a written collaborative agreement with a

 

 

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1    collaborating physician that authorizes the prescription
2    or dispensation of an opioid antidote, or an advanced
3    practice nurse who practices in a hospital or ambulatory
4    surgical treatment center and possesses appropriate
5    clinical privileges in accordance with the Nurse Practice
6    Act.
7        "Patient" includes a person who is not at risk of
8    opioid overdose but who, in the judgment of the physician,
9    may be in a position to assist another individual during an
10    overdose and who has received patient information as
11    required in paragraph (2) of this subsection on the
12    indications for and administration of an opioid antidote.
13        "Patient information" includes information provided to
14    the patient on drug overdose prevention and recognition;
15    how to perform rescue breathing and resuscitation; opioid
16    antidote dosage and administration; the importance of
17    calling 911; care for the overdose victim after
18    administration of the overdose antidote; and other issues
19    as necessary.
20(Source: P.A. 96-361, eff. 1-1-10.)
 
21    Section 10. The Medical Practice Act of 1987 is amended by
22changing Section 22 as follows:
 
23    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
24    (Section scheduled to be repealed on December 31, 2010)

 

 

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1    (Text of Section WITHOUT the changes made by P.A. 94-677,
2which has been held unconstitutional)
3    Sec. 22. Disciplinary action.
4    (A) The Department may revoke, suspend, place on
5probationary status, or take any other disciplinary action as
6the Department may deem proper with regard to the license or
7visiting professor permit of any person issued under this Act
8to practice medicine, or to treat human ailments without the
9use of drugs and without operative surgery upon any of the
10following grounds:
11        (1) Performance of an elective abortion in any place,
12    locale, facility, or institution other than:
13            (a) a facility licensed pursuant to the Ambulatory
14        Surgical Treatment Center Act;
15            (b) an institution licensed under the Hospital
16        Licensing Act;
17            (c) an ambulatory surgical treatment center or
18        hospitalization or care facility maintained by the
19        State or any agency thereof, where such department or
20        agency has authority under law to establish and enforce
21        standards for the ambulatory surgical treatment
22        centers, hospitalization, or care facilities under its
23        management and control;
24            (d) ambulatory surgical treatment centers,
25        hospitalization or care facilities maintained by the
26        Federal Government; or

 

 

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1            (e) ambulatory surgical treatment centers,
2        hospitalization or care facilities maintained by any
3        university or college established under the laws of
4        this State and supported principally by public funds
5        raised by taxation.
6        (2) Performance of an abortion procedure in a wilful
7    and wanton manner on a woman who was not pregnant at the
8    time the abortion procedure was performed.
9        (3) The conviction of a felony in this or any other
10    jurisdiction, except as otherwise provided in subsection B
11    of this Section, whether or not related to practice under
12    this Act, or the entry of a guilty or nolo contendere plea
13    to a felony charge.
14        (4) Gross negligence in practice under this Act.
15        (5) Engaging in dishonorable, unethical or
16    unprofessional conduct of a character likely to deceive,
17    defraud or harm the public.
18        (6) Obtaining any fee by fraud, deceit, or
19    misrepresentation.
20        (7) Habitual or excessive use or abuse of drugs defined
21    in law as controlled substances, of alcohol, or of any
22    other substances which results in the inability to practice
23    with reasonable judgment, skill or safety.
24        (8) Practicing under a false or, except as provided by
25    law, an assumed name.
26        (9) Fraud or misrepresentation in applying for, or

 

 

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1    procuring, a license under this Act or in connection with
2    applying for renewal of a license under this Act.
3        (10) Making a false or misleading statement regarding
4    their skill or the efficacy or value of the medicine,
5    treatment, or remedy prescribed by them at their direction
6    in the treatment of any disease or other condition of the
7    body or mind.
8        (11) Allowing another person or organization to use
9    their license, procured under this Act, to practice.
10        (12) Disciplinary action of another state or
11    jurisdiction against a license or other authorization to
12    practice as a medical doctor, doctor of osteopathy, doctor
13    of osteopathic medicine or doctor of chiropractic, a
14    certified copy of the record of the action taken by the
15    other state or jurisdiction being prima facie evidence
16    thereof.
17        (13) Violation of any provision of this Act or of the
18    Medical Practice Act prior to the repeal of that Act, or
19    violation of the rules, or a final administrative action of
20    the Director, after consideration of the recommendation of
21    the Disciplinary Board.
22        (14) Violation of the prohibition against fee
23    splitting in Section 22.2 of this Act.
24        (15) A finding by the Medical Disciplinary Board that
25    the registrant after having his or her license placed on
26    probationary status or subjected to conditions or

 

 

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1    restrictions violated the terms of the probation or failed
2    to comply with such terms or conditions.
3        (16) Abandonment of a patient.
4        (17) Prescribing, selling, administering,
5    distributing, giving or self-administering any drug
6    classified as a controlled substance (designated product)
7    or narcotic for other than medically accepted therapeutic
8    purposes.
9        (18) Promotion of the sale of drugs, devices,
10    appliances or goods provided for a patient in such manner
11    as to exploit the patient for financial gain of the
12    physician.
13        (19) Offering, undertaking or agreeing to cure or treat
14    disease by a secret method, procedure, treatment or
15    medicine, or the treating, operating or prescribing for any
16    human condition by a method, means or procedure which the
17    licensee refuses to divulge upon demand of the Department.
18        (20) Immoral conduct in the commission of any act
19    including, but not limited to, commission of an act of
20    sexual misconduct related to the licensee's practice.
21        (21) Wilfully making or filing false records or reports
22    in his or her practice as a physician, including, but not
23    limited to, false records to support claims against the
24    medical assistance program of the Department of Healthcare
25    and Family Services (formerly Department of Public Aid)
26    under the Illinois Public Aid Code.

 

 

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1        (22) Wilful omission to file or record, or wilfully
2    impeding the filing or recording, or inducing another
3    person to omit to file or record, medical reports as
4    required by law, or wilfully failing to report an instance
5    of suspected abuse or neglect as required by law.
6        (23) Being named as a perpetrator in an indicated
7    report by the Department of Children and Family Services
8    under the Abused and Neglected Child Reporting Act, and
9    upon proof by clear and convincing evidence that the
10    licensee has caused a child to be an abused child or
11    neglected child as defined in the Abused and Neglected
12    Child Reporting Act.
13        (24) Solicitation of professional patronage by any
14    corporation, agents or persons, or profiting from those
15    representing themselves to be agents of the licensee.
16        (25) Gross and wilful and continued overcharging for
17    professional services, including filing false statements
18    for collection of fees for which services are not rendered,
19    including, but not limited to, filing such false statements
20    for collection of monies for services not rendered from the
21    medical assistance program of the Department of Healthcare
22    and Family Services (formerly Department of Public Aid)
23    under the Illinois Public Aid Code.
24        (26) A pattern of practice or other behavior which
25    demonstrates incapacity or incompetence to practice under
26    this Act.

 

 

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1        (27) Mental illness or disability which results in the
2    inability to practice under this Act with reasonable
3    judgment, skill or safety.
4        (28) Physical illness, including, but not limited to,
5    deterioration through the aging process, or loss of motor
6    skill which results in a physician's inability to practice
7    under this Act with reasonable judgment, skill or safety.
8        (29) Cheating on or attempt to subvert the licensing
9    examinations administered under this Act.
10        (30) Wilfully or negligently violating the
11    confidentiality between physician and patient except as
12    required by law.
13        (31) The use of any false, fraudulent, or deceptive
14    statement in any document connected with practice under
15    this Act.
16        (32) Aiding and abetting an individual not licensed
17    under this Act in the practice of a profession licensed
18    under this Act.
19        (33) Violating state or federal laws or regulations
20    relating to controlled substances.
21        (34) Failure to report to the Department any adverse
22    final action taken against them by another licensing
23    jurisdiction (any other state or any territory of the
24    United States or any foreign state or country), by any peer
25    review body, by any health care institution, by any
26    professional society or association related to practice

 

 

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1    under this Act, by any governmental agency, by any law
2    enforcement agency, or by any court for acts or conduct
3    similar to acts or conduct which would constitute grounds
4    for action as defined in this Section.
5        (35) Failure to report to the Department surrender of a
6    license or authorization to practice as a medical doctor, a
7    doctor of osteopathy, a doctor of osteopathic medicine, or
8    doctor of chiropractic in another state or jurisdiction, or
9    surrender of membership on any medical staff or in any
10    medical or professional association or society, while
11    under disciplinary investigation by any of those
12    authorities or bodies, for acts or conduct similar to acts
13    or conduct which would constitute grounds for action as
14    defined in this Section.
15        (36) Failure to report to the Department any adverse
16    judgment, settlement, or award arising from a liability
17    claim related to acts or conduct similar to acts or conduct
18    which would constitute grounds for action as defined in
19    this Section.
20        (37) Failure to provide copies of medical records as
21    required by law.
22        (38) Failure to furnish the Department, its
23    investigators or representatives, relevant information,
24    legally requested by the Department after consultation
25    with the Chief Medical Coordinator or the Deputy Medical
26    Coordinator.

 

 

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1        (39) Violating the Health Care Worker Self-Referral
2    Act.
3        (40) Willful failure to provide notice when notice is
4    required under the Parental Notice of Abortion Act of 1995.
5        (41) Failure to establish and maintain records of
6    patient care and treatment as required by this law.
7        (42) Entering into an excessive number of written
8    collaborative agreements with licensed advanced practice
9    nurses resulting in an inability to adequately
10    collaborate.
11        (43) Repeated failure to adequately collaborate with a
12    licensed advanced practice nurse.
13    All proceedings to suspend, revoke, place on probationary
14status, or take any other disciplinary action as the Department
15may deem proper, with regard to a license on any of the
16foregoing grounds, must be commenced within 3 years next after
17receipt by the Department of a complaint alleging the
18commission of or notice of the conviction order for any of the
19acts described herein. Except for the grounds numbered (8), (9)
20and (29), no action shall be commenced more than 5 years after
21the date of the incident or act alleged to have violated this
22Section. In the event of the settlement of any claim or cause
23of action in favor of the claimant or the reduction to final
24judgment of any civil action in favor of the plaintiff, such
25claim, cause of action or civil action being grounded on the
26allegation that a person licensed under this Act was negligent

 

 

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1in providing care, the Department shall have an additional
2period of one year from the date of notification to the
3Department under Section 23 of this Act of such settlement or
4final judgment in which to investigate and commence formal
5disciplinary proceedings under Section 36 of this Act, except
6as otherwise provided by law. The time during which the holder
7of the license was outside the State of Illinois shall not be
8included within any period of time limiting the commencement of
9disciplinary action by the Department.
10    The entry of an order or judgment by any circuit court
11establishing that any person holding a license under this Act
12is a person in need of mental treatment operates as a
13suspension of that license. That person may resume their
14practice only upon the entry of a Departmental order based upon
15a finding by the Medical Disciplinary Board that they have been
16determined to be recovered from mental illness by the court and
17upon the Disciplinary Board's recommendation that they be
18permitted to resume their practice.
19    The Department may refuse to issue or take disciplinary
20action concerning the license of any person who fails to file a
21return, or to pay the tax, penalty or interest shown in a filed
22return, or to pay any final assessment of tax, penalty or
23interest, as required by any tax Act administered by the
24Illinois Department of Revenue, until such time as the
25requirements of any such tax Act are satisfied as determined by
26the Illinois Department of Revenue.

 

 

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1    The Department, upon the recommendation of the
2Disciplinary Board, shall adopt rules which set forth standards
3to be used in determining:
4        (a) when a person will be deemed sufficiently
5    rehabilitated to warrant the public trust;
6        (b) what constitutes dishonorable, unethical or
7    unprofessional conduct of a character likely to deceive,
8    defraud, or harm the public;
9        (c) what constitutes immoral conduct in the commission
10    of any act, including, but not limited to, commission of an
11    act of sexual misconduct related to the licensee's
12    practice; and
13        (d) what constitutes gross negligence in the practice
14    of medicine.
15    However, no such rule shall be admissible into evidence in
16any civil action except for review of a licensing or other
17disciplinary action under this Act.
18    In enforcing this Section, the Medical Disciplinary Board,
19upon a showing of a possible violation, may compel any
20individual licensed to practice under this Act, or who has
21applied for licensure or a permit pursuant to this Act, to
22submit to a mental or physical examination, or both, as
23required by and at the expense of the Department. The examining
24physician or physicians shall be those specifically designated
25by the Disciplinary Board. The Medical Disciplinary Board or
26the Department may order the examining physician to present

 

 

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1testimony concerning this mental or physical examination of the
2licensee or applicant. No information shall be excluded by
3reason of any common law or statutory privilege relating to
4communication between the licensee or applicant and the
5examining physician. The individual to be examined may have, at
6his or her own expense, another physician of his or her choice
7present during all aspects of the examination. Failure of any
8individual to submit to mental or physical examination, when
9directed, shall be grounds for suspension of his or her license
10until such time as the individual submits to the examination if
11the Disciplinary Board finds, after notice and hearing, that
12the refusal to submit to the examination was without reasonable
13cause. If the Disciplinary Board finds a physician unable to
14practice because of the reasons set forth in this Section, the
15Disciplinary Board shall require such physician to submit to
16care, counseling, or treatment by physicians approved or
17designated by the Disciplinary Board, as a condition for
18continued, reinstated, or renewed licensure to practice. Any
19physician, whose license was granted pursuant to Sections 9,
2017, or 19 of this Act, or, continued, reinstated, renewed,
21disciplined or supervised, subject to such terms, conditions or
22restrictions who shall fail to comply with such terms,
23conditions or restrictions, or to complete a required program
24of care, counseling, or treatment, as determined by the Chief
25Medical Coordinator or Deputy Medical Coordinators, shall be
26referred to the Director for a determination as to whether the

 

 

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1licensee shall have their license suspended immediately,
2pending a hearing by the Disciplinary Board. In instances in
3which the Director immediately suspends a license under this
4Section, a hearing upon such person's license must be convened
5by the Disciplinary Board within 15 days after such suspension
6and completed without appreciable delay. The Disciplinary
7Board shall have the authority to review the subject
8physician's record of treatment and counseling regarding the
9impairment, to the extent permitted by applicable federal
10statutes and regulations safeguarding the confidentiality of
11medical records.
12    An individual licensed under this Act, affected under this
13Section, shall be afforded an opportunity to demonstrate to the
14Disciplinary Board that they can resume practice in compliance
15with acceptable and prevailing standards under the provisions
16of their license.
17    The Department may promulgate rules for the imposition of
18fines in disciplinary cases, not to exceed $5,000 for each
19violation of this Act. Fines may be imposed in conjunction with
20other forms of disciplinary action, but shall not be the
21exclusive disposition of any disciplinary action arising out of
22conduct resulting in death or injury to a patient. Any funds
23collected from such fines shall be deposited in the Medical
24Disciplinary Fund.
25    (B) The Department shall revoke the license or visiting
26permit of any person issued under this Act to practice medicine

 

 

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1or to treat human ailments without the use of drugs and without
2operative surgery, who has been convicted a second time of
3committing any felony under the Illinois Controlled Substances
4Act or the Methamphetamine Control and Community Protection
5Act, or who has been convicted a second time of committing a
6Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
7Public Aid Code. A person whose license or visiting permit is
8revoked under this subsection B of Section 22 of this Act shall
9be prohibited from practicing medicine or treating human
10ailments without the use of drugs and without operative
11surgery.
12    (C) The Medical Disciplinary Board shall recommend to the
13Department civil penalties and any other appropriate
14discipline in disciplinary cases when the Board finds that a
15physician willfully performed an abortion with actual
16knowledge that the person upon whom the abortion has been
17performed is a minor or an incompetent person without notice as
18required under the Parental Notice of Abortion Act of 1995.
19Upon the Board's recommendation, the Department shall impose,
20for the first violation, a civil penalty of $1,000 and for a
21second or subsequent violation, a civil penalty of $5,000.
22    (D) The administering, dispensing, prescribing,
23purchasing, acquisition, possession, or use of naloxone shall
24not constitute unprofessional conduct under this Act, or be in
25violation of any provisions under this Act, by any person
26licensed under this Act, if the unprofessional conduct or

 

 

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1violation results from a good faith effort to assist: (1) a
2person experiencing, or likely to experience, an
3opiate-related overdose; or (2) a family member, friend, or
4other person in a position to assist a person experiencing, or
5likely to experience, an opiate-related overdose.
6(Source: P.A. 94-566, eff. 9-11-05; 95-331, eff. 8-21-07;
796-608, eff. 8-24-09; 96-1000, eff. 7-2-10.)
 
8    Section 15. The Nurse Practice Act is amended by changing
9Section 50-50 as follows:
 
10    (225 ILCS 65/50-50)   (was 225 ILCS 65/10-5)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 50-50. Prohibited acts.
13    (a) No person shall:
14        (1) Practice as an advanced practice nurse without a
15    valid license as an advanced practice nurse, except as
16    provided in Section 50-15 of this Act;
17        (2) Practice professional nursing without a valid
18    license as a registered professional nurse except as
19    provided in Section 50-15 of this Act;
20        (3) Practice practical nursing without a valid license
21    as a licensed practical nurse or practice practical
22    nursing, except as provided in Section 50-15 of this Act;
23        (4) Practice nursing under cover of any diploma,
24    license, or record illegally or fraudulently obtained or

 

 

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1    signed or issued unlawfully or under fraudulent
2    representation;
3        (5) Practice nursing during the time her or his license
4    is suspended, revoked, expired or on inactive status;
5        (6) Use any words, abbreviations, figures, letters,
6    title, sign, card, or device tending to imply that she or
7    he is a registered professional nurse, including the titles
8    or initials, "Nurse," "Registered Nurse," "Professional
9    Nurse," "Registered Professional Nurse," "Certified
10    Nurse," "Trained Nurse," "Graduate Nurse," "P.N.," or
11    "R.N.," or "R.P.N." or similar titles or initials with
12    intention of indicating practice without a valid license as
13    a registered professional nurse;
14        (7) Use any words, abbreviations, figures, letters,
15    titles, signs, cards, or devices tending to imply that she
16    or he is an advanced practice nurse, including the titles
17    or initials "Advanced Practice Nurse", "A.P.N.", or
18    similar titles or initials, with the intention of
19    indicating practice as an advanced practice nurse without a
20    valid license as an advanced practice nurse under this Act.
21        (8) Use any words, abbreviations figures, letters,
22    title, sign, card, or device tending to imply that she or
23    he is a licensed practical nurse including the titles or
24    initials "Practical Nurse," "Licensed Practical Nurse,"
25    "P.N.," or "L.P.N.," or similar titles or initials with
26    intention of indicated practice as a licensed practical

 

 

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1    nurse without a valid license as a licensed practical nurse
2    under this Act;
3        (9) Advertise services regulated under this Act
4    without including in every advertisement his or her title
5    as it appears on the license or the initials authorized
6    under this Act;
7        (10) Obtain or furnish a license by or for money or any
8    other thing of value other than the fees required under
9    this Act, or by any fraudulent representation or act;
10        (11) Make any wilfully false oath or affirmation
11    required by this Act;
12        (12) Conduct a nursing education program preparing
13    persons for licensure that has not been approved by the
14    Department;
15        (13) Represent that any school or course is approved or
16    accredited as a school or course for the education of
17    registered professional nurses or licensed practical
18    nurses unless such school or course is approved by the
19    Department under the provisions of this Act;
20        (14) Attempt or offer to do any of the acts enumerated
21    in this Section, or knowingly aid, abet, assist in the
22    doing of any such acts or in the attempt or offer to do any
23    of such acts;
24        (15) Employ persons not licensed under this Act to
25    practice professional nursing or practical nursing; and
26        (16) Otherwise intentionally violate any provision of

 

 

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1    this Act.
2        (17) Retaliate against any nurse who reports unsafe,
3    unethical, or illegal health care practices or conditions.
4        (18) Be deemed a supervisor when delegating nursing
5    activities or tasks as authorized under this Act.
6    (b) Any person, including a firm, association or
7corporation who violates any provision of this Section shall be
8guilty of a Class A misdemeanor.
9    (c) The administering, dispensing, prescribing,
10purchasing, acquisition, possession, or use of naloxone shall
11not constitute unprofessional conduct under this Act, or be in
12violation of any provisions under this Act, by any person
13licensed under this Act, if the unprofessional conduct or
14violation results from a good faith effort to assist: (1) a
15person experiencing, or likely to experience, an
16opiate-related overdose; or (2) a family member, friend, or
17other person in a position to assist a person experiencing, or
18likely to experience, an opiate-related overdose.
19(Source: P.A. 95-639, eff. 10-5-07.)
 
20    Section 20. The Pharmacy Practice Act is amended by
21changing Section 30 as follows:
 
22    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 30. Refusal, revocation, or suspension.

 

 

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1    (a) The Department may refuse to issue or renew, or may
2revoke a license or registration, or may suspend, place on
3probation, fine, or take any disciplinary or non-disciplinary
4action as the Department may deem proper, including fines not
5to exceed $10,000 for each violation, with regard to any
6licensee or registrant for any one or combination of the
7following causes:
8        1. Material misstatement in furnishing information to
9    the Department.
10        2. Violations of this Act, or the rules promulgated
11    hereunder.
12        3. Making any misrepresentation for the purpose of
13    obtaining licenses.
14        4. A pattern of conduct which demonstrates
15    incompetence or unfitness to practice.
16        5. Aiding or assisting another person in violating any
17    provision of this Act or rules.
18        6. Failing, within 60 days, to respond to a written
19    request made by the Department for information.
20        7. Engaging in unprofessional, dishonorable, or
21    unethical conduct of a character likely to deceive, defraud
22    or harm the public.
23        8. Discipline by another U.S. jurisdiction or foreign
24    nation, if at least one of the grounds for the discipline
25    is the same or substantially equivalent to those set forth
26    herein.

 

 

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1        9. Directly or indirectly giving to or receiving from
2    any person, firm, corporation, partnership or association
3    any fee, commission, rebate or other form of compensation
4    for any professional services not actually or personally
5    rendered.
6        10. A finding by the Department that the licensee,
7    after having his license placed on probationary status has
8    violated the terms of probation.
9        11. Selling or engaging in the sale of drug samples
10    provided at no cost by drug manufacturers.
11        12. Physical illness, including but not limited to,
12    deterioration through the aging process, or loss of motor
13    skill which results in the inability to practice the
14    profession with reasonable judgment, skill or safety.
15        13. A finding that licensure or registration has been
16    applied for or obtained by fraudulent means.
17        14. The applicant or licensee has been convicted in
18    state or federal court of or entered a plea of guilty, nolo
19    contendere, or the equivalent in a state or federal court
20    to any crime which is a felony or any misdemeanor related
21    to the practice of pharmacy or which an essential element
22    is dishonesty.
23        15. Habitual or excessive use or addiction to alcohol,
24    narcotics, stimulants or any other chemical agent or drug
25    which results in the inability to practice with reasonable
26    judgment, skill or safety.

 

 

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1        16. Willfully making or filing false records or reports
2    in the practice of pharmacy, including, but not limited to
3    false records to support claims against the medical
4    assistance program of the Department of Healthcare and
5    Family Services (formerly Department of Public Aid) under
6    the Public Aid Code.
7        17. Gross and willful overcharging for professional
8    services including filing false statements for collection
9    of fees for which services are not rendered, including, but
10    not limited to, filing false statements for collection of
11    monies for services not rendered from the medical
12    assistance program of the Department of Healthcare and
13    Family Services (formerly Department of Public Aid) under
14    the Public Aid Code.
15        18. Dispensing prescription drugs without receiving a
16    written or oral prescription in violation of law.
17        19. Upon a finding of a substantial discrepancy in a
18    Department audit of a prescription drug, including
19    controlled substances, as that term is defined in this Act
20    or in the Illinois Controlled Substances Act.
21        20. Physical or mental illness or any other impairment
22    or disability, including without limitation deterioration
23    through the aging process or loss of motor skills that
24    results in the inability to practice with reasonable
25    judgment, skill or safety, or mental incompetence, as
26    declared by a court of competent jurisdiction.

 

 

SB0056- 29 -LRB097 02747 RLC 42769 b

1        21. Violation of the Health Care Worker Self-Referral
2    Act.
3        22. Failing to sell or dispense any drug, medicine, or
4    poison in good faith. "Good faith", for the purposes of
5    this Section, has the meaning ascribed to it in subsection
6    (u) of Section 102 of the Illinois Controlled Substances
7    Act. "Good faith", as used in this item (22), shall not be
8    limited to the sale or dispensing of controlled substances,
9    but shall apply to all prescription drugs.
10        23. Interfering with the professional judgment of a
11    pharmacist by any registrant under this Act, or his or her
12    agents or employees.
13        24. Failing to report within 60 days to the Department
14    any adverse final action taken against a pharmacist,
15    pharmacist technician, or certified pharmacist technician
16    by another licensing jurisdiction in any other state or any
17    territory of the United States or any foreign jurisdiction,
18    any governmental agency, any law enforcement agency, or any
19    court for acts or conduct similar to acts or conduct that
20    would constitute grounds for discipline as defined in this
21    Section.
22        25. Failing to comply with a subpoena issued in
23    accordance with Section 35.5 of this Act.
24        26. Disclosing protected health information in
25    violation of any State or federal law.
26    (b) The Department may refuse to issue or may suspend the

 

 

SB0056- 30 -LRB097 02747 RLC 42769 b

1license or registration of any person who fails to file a
2return, or to pay the tax, penalty or interest shown in a filed
3return, or to pay any final assessment of tax, penalty or
4interest, as required by any tax Act administered by the
5Illinois Department of Revenue, until such time as the
6requirements of any such tax Act are satisfied.
7    (c) The Department shall revoke the license or certificate
8of registration issued under the provisions of this Act or any
9prior Act of this State of any person who has been convicted a
10second time of committing any felony under the Illinois
11Controlled Substances Act, or who has been convicted a second
12time of committing a Class 1 felony under Sections 8A-3 and
138A-6 of the Illinois Public Aid Code. A person whose license or
14certificate of registration issued under the provisions of this
15Act or any prior Act of this State is revoked under this
16subsection (c) shall be prohibited from engaging in the
17practice of pharmacy in this State.
18    (d) Fines may be imposed in conjunction with other forms of
19disciplinary action, but shall not be the exclusive disposition
20of any disciplinary action arising out of conduct resulting in
21death or injury to a patient. Fines shall be paid within 60
22days or as otherwise agreed to by the Department. Any funds
23collected from such fines shall be deposited in the Illinois
24State Pharmacy Disciplinary Fund.
25    (e) The entry of an order or judgment by any circuit court
26establishing that any person holding a license or certificate

 

 

SB0056- 31 -LRB097 02747 RLC 42769 b

1under this Act is a person in need of mental treatment operates
2as a suspension of that license. A licensee may resume his or
3her practice only upon the entry of an order of the Department
4based upon a finding by the Board that he or she has been
5determined to be recovered from mental illness by the court and
6upon the Board's recommendation that the licensee be permitted
7to resume his or her practice.
8    (f) The Department shall issue quarterly to the Board a
9status of all complaints related to the profession received by
10the Department.
11    (g) In enforcing this Section, the Board or the Department,
12upon a showing of a possible violation, may compel any licensee
13or applicant for licensure under this Act to submit to a mental
14or physical examination or both, as required by and at the
15expense of the Department. The examining physician, or
16multidisciplinary team involved in providing physical and
17mental examinations led by a physician consisting of one or a
18combination of licensed physicians, licensed clinical
19psychologists, licensed clinical social workers, licensed
20clinical professional counselors, and other professional and
21administrative staff, shall be those specifically designated
22by the Department. The Board or the Department may order the
23examining physician or any member of the multidisciplinary team
24to present testimony concerning this mental or physical
25examination of the licensee or applicant. No information,
26report, or other documents in any way related to the

 

 

SB0056- 32 -LRB097 02747 RLC 42769 b

1examination shall be excluded by reason of any common law or
2statutory privilege relating to communication between the
3licensee or applicant and the examining physician or any member
4of the multidisciplinary team. The individual to be examined
5may have, at his or her own expense, another physician of his
6or her choice present during all aspects of the examination.
7Failure of any individual to submit to a mental or physical
8examination when directed shall be grounds for suspension of
9his or her license until such time as the individual submits to
10the examination if the Board finds, after notice and hearing,
11that the refusal to submit to the examination was without
12reasonable cause. If the Board finds a pharmacist, certified
13pharmacy technician, or pharmacy technician unable to practice
14because of the reasons set forth in this Section, the Board
15shall require such pharmacist, certified pharmacy technician,
16or pharmacy technician to submit to care, counseling, or
17treatment by physicians or other appropriate health care
18providers approved or designated by the Board as a condition
19for continued, reinstated, or renewed licensure to practice.
20Any pharmacist, certified pharmacy technician, or pharmacy
21technician whose license was granted, continued, reinstated,
22renewed, disciplined, or supervised, subject to such terms,
23conditions, or restrictions, and who fails to comply with such
24terms, conditions, or restrictions or to complete a required
25program of care, counseling, or treatment, as determined by the
26chief pharmacy coordinator or a deputy pharmacy coordinator,

 

 

SB0056- 33 -LRB097 02747 RLC 42769 b

1shall be referred to the Secretary for a determination as to
2whether the licensee shall have his or her license suspended
3immediately, pending a hearing by the Board. In instances in
4which the Secretary immediately suspends a license under this
5subsection (g), a hearing upon such person's license must be
6convened by the Board within 15 days after such suspension and
7completed without appreciable delay. The Board shall have the
8authority to review the subject pharmacist's, certified
9pharmacy technician's, or pharmacy technician's record of
10treatment and counseling regarding the impairment.
11    (h) The administering, dispensing, prescribing,
12purchasing, acquisition, possession, or use of naloxone shall
13not constitute unprofessional conduct under this Act, or be in
14violation of any provisions under this Act, by any person
15licensed under this Act, if the unprofessional conduct or
16violation results from a good faith effort to assist: (1) a
17person experiencing, or likely to experience, an
18opiate-related overdose; or (2) a family member, friend, or
19other person in a position to assist a person experiencing, or
20likely to experience, an opiate-related overdose.
21(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07;
2296-673, eff. 1-1-10.)
 
23    Section 25. The Physician Assistant Practice Act of 1987 is
24amended by changing Section 21 as follows:
 

 

 

SB0056- 34 -LRB097 02747 RLC 42769 b

1    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 21. Grounds for disciplinary action.
4    (a) The Department may refuse to issue or to renew, or may
5revoke, suspend, place on probation, censure or reprimand, or
6take other disciplinary or non-disciplinary action with regard
7to any license issued under this Act as the Department may deem
8proper, including the issuance of fines not to exceed $10,000
9for each violation, for any one or combination of the following
10causes:
11        (1) Material misstatement in furnishing information to
12    the Department.
13        (2) Violations of this Act, or the rules adopted under
14    this Act.
15        (3) Conviction of or entry of a plea of guilty or nolo
16    contendere to any crime that is a felony under the laws of
17    the United States or any state or territory thereof or that
18    is a misdemeanor of which an essential element is
19    dishonesty or that is directly related to the practice of
20    the profession.
21        (4) Making any misrepresentation for the purpose of
22    obtaining licenses.
23        (5) Professional incompetence.
24        (6) Aiding or assisting another person in violating any
25    provision of this Act or its rules.
26        (7) Failing, within 60 days, to provide information in

 

 

SB0056- 35 -LRB097 02747 RLC 42769 b

1    response to a written request made by the Department.
2        (8) Engaging in dishonorable, unethical, or
3    unprofessional conduct, as defined by rule, of a character
4    likely to deceive, defraud, or harm the public.
5        (9) Habitual or excessive use or addiction to alcohol,
6    narcotics, stimulants, or any other chemical agent or drug
7    that results in a physician assistant's inability to
8    practice with reasonable judgment, skill, or safety.
9        (10) Discipline by another U.S. jurisdiction or
10    foreign nation, if at least one of the grounds for
11    discipline is the same or substantially equivalent to those
12    set forth in this Section.
13        (11) Directly or indirectly giving to or receiving from
14    any person, firm, corporation, partnership, or association
15    any fee, commission, rebate or other form of compensation
16    for any professional services not actually or personally
17    rendered.
18        (12) A finding by the Disciplinary Board that the
19    licensee, after having his or her license placed on
20    probationary status has violated the terms of probation.
21        (13) Abandonment of a patient.
22        (14) Willfully making or filing false records or
23    reports in his or her practice, including but not limited
24    to false records filed with state agencies or departments.
25        (15) Willfully failing to report an instance of
26    suspected child abuse or neglect as required by the Abused

 

 

SB0056- 36 -LRB097 02747 RLC 42769 b

1    and Neglected Child Reporting Act.
2        (16) Physical illness, or mental illness or impairment
3    that results in the inability to practice the profession
4    with reasonable judgment, skill, or safety, including, but
5    not limited to, deterioration through the aging process or
6    loss of motor skill.
7        (17) Being named as a perpetrator in an indicated
8    report by the Department of Children and Family Services
9    under the Abused and Neglected Child Reporting Act, and
10    upon proof by clear and convincing evidence that the
11    licensee has caused a child to be an abused child or
12    neglected child as defined in the Abused and Neglected
13    Child Reporting Act.
14        (18) (Blank).
15        (19) Gross negligence resulting in permanent injury or
16    death of a patient.
17        (20) Employment of fraud, deception or any unlawful
18    means in applying for or securing a license as a physician
19    assistant.
20        (21) Exceeding the authority delegated to him or her by
21    his or her supervising physician in a written supervision
22    agreement.
23        (22) Immoral conduct in the commission of any act, such
24    as sexual abuse, sexual misconduct or sexual exploitation
25    related to the licensee's practice.
26        (23) Violation of the Health Care Worker Self-Referral

 

 

SB0056- 37 -LRB097 02747 RLC 42769 b

1    Act.
2        (24) Practicing under a false or assumed name, except
3    as provided by law.
4        (25) Making a false or misleading statement regarding
5    his or her skill or the efficacy or value of the medicine,
6    treatment, or remedy prescribed by him or her in the course
7    of treatment.
8        (26) Allowing another person to use his or her license
9    to practice.
10        (27) Prescribing, selling, administering,
11    distributing, giving, or self-administering a drug
12    classified as a controlled substance (designated product)
13    or narcotic for other than medically-accepted therapeutic
14    purposes.
15        (28) Promotion of the sale of drugs, devices,
16    appliances, or goods provided for a patient in a manner to
17    exploit the patient for financial gain.
18        (29) A pattern of practice or other behavior that
19    demonstrates incapacity or incompetence to practice under
20    this Act.
21        (30) Violating State or federal laws or regulations
22    relating to controlled substances or other legend drugs.
23        (31) Exceeding the prescriptive authority delegated by
24    the supervising physician or violating the written
25    supervision agreement delegating that authority.
26        (32) Practicing without providing to the Department a

 

 

SB0056- 38 -LRB097 02747 RLC 42769 b

1    notice of supervision or delegation of prescriptive
2    authority.
3    (b) The Department may, without a hearing, refuse to issue
4or renew or may suspend the license of any person who fails to
5file a return, or to pay the tax, penalty or interest shown in
6a filed return, or to pay any final assessment of the tax,
7penalty, or interest as required by any tax Act administered by
8the Illinois Department of Revenue, until such time as the
9requirements of any such tax Act are satisfied.
10    (c) The determination by a circuit court that a licensee is
11subject to involuntary admission or judicial admission as
12provided in the Mental Health and Developmental Disabilities
13Code operates as an automatic suspension. The suspension will
14end only upon a finding by a court that the patient is no
15longer subject to involuntary admission or judicial admission
16and issues an order so finding and discharging the patient, and
17upon the recommendation of the Disciplinary Board to the
18Secretary that the licensee be allowed to resume his or her
19practice.
20    (d) In enforcing this Section, the Department upon a
21showing of a possible violation may compel an individual
22licensed to practice under this Act, or who has applied for
23licensure under this Act, to submit to a mental or physical
24examination, or both, as required by and at the expense of the
25Department. The Department may order the examining physician to
26present testimony concerning the mental or physical

 

 

SB0056- 39 -LRB097 02747 RLC 42769 b

1examination of the licensee or applicant. No information shall
2be excluded by reason of any common law or statutory privilege
3relating to communications between the licensee or applicant
4and the examining physician. The examining physicians shall be
5specifically designated by the Department. The individual to be
6examined may have, at his or her own expense, another physician
7of his or her choice present during all aspects of this
8examination. Failure of an individual to submit to a mental or
9physical examination, when directed, shall be grounds for
10suspension of his or her license until the individual submits
11to the examination if the Department finds, after notice and
12hearing, that the refusal to submit to the examination was
13without reasonable cause.
14    If the Department finds an individual unable to practice
15because of the reasons set forth in this Section, the
16Department may require that individual to submit to care,
17counseling, or treatment by physicians approved or designated
18by the Department, as a condition, term, or restriction for
19continued, reinstated, or renewed licensure to practice; or, in
20lieu of care, counseling, or treatment, the Department may file
21a complaint to immediately suspend, revoke, or otherwise
22discipline the license of the individual. An individual whose
23license was granted, continued, reinstated, renewed,
24disciplined, or supervised subject to such terms, conditions,
25or restrictions, and who fails to comply with such terms,
26conditions, or restrictions, shall be referred to the Secretary

 

 

SB0056- 40 -LRB097 02747 RLC 42769 b

1for a determination as to whether the individual shall have his
2or her license suspended immediately, pending a hearing by the
3Department.
4    In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that person's
6license must be convened by the Department within 30 days after
7the suspension and completed without appreciable delay. The
8Department shall have the authority to review the subject
9individual's record of treatment and counseling regarding the
10impairment to the extent permitted by applicable federal
11statutes and regulations safeguarding the confidentiality of
12medical records.
13    An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate to
15the Department that he or she can resume practice in compliance
16with acceptable and prevailing standards under the provisions
17of his or her license.
18    (e) The administering, dispensing, prescribing,
19purchasing, acquisition, possession, or use of naloxone shall
20not constitute unprofessional conduct under this Act, or be in
21violation of any provisions under this Act, by any person
22licensed under this Act, if the unprofessional conduct or
23violation results from a good faith effort to assist: (1) a
24person experiencing, or likely to experience, an
25opiate-related overdose; or (2) a family member, friend, or
26other person in a position to assist a person experiencing, or

 

 

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1likely to experience, an opiate-related overdose.
2(Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09.)
 
3    Section 30. The Cannabis Control Act is amended by changing
4Section 4 and by adding Section 10.4 as follows:
 
5    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
6    Sec. 4. Except as otherwise provided in Section 10.4, it It
7is unlawful for any person knowingly to possess cannabis. Any
8person who violates this section with respect to:
9        (a) not more than 2.5 grams of any substance containing
10    cannabis is guilty of a Class C misdemeanor;
11        (b) more than 2.5 grams but not more than 10 grams of
12    any substance containing cannabis is guilty of a Class B
13    misdemeanor;
14        (c) more than 10 grams but not more than 30 grams of
15    any substance containing cannabis is guilty of a Class A
16    misdemeanor; provided, that if any offense under this
17    subsection (c) is a subsequent offense, the offender shall
18    be guilty of a Class 4 felony;
19        (d) more than 30 grams but not more than 500 grams of
20    any substance containing cannabis is guilty of a Class 4
21    felony; provided that if any offense under this subsection
22    (d) is a subsequent offense, the offender shall be guilty
23    of a Class 3 felony;
24        (e) more than 500 grams but not more than 2,000 grams

 

 

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1    of any substance containing cannabis is guilty of a Class 3
2    felony;
3        (f) more than 2,000 grams but not more than 5,000 grams
4    of any substance containing cannabis is guilty of a Class 2
5    felony;
6        (g) more than 5,000 grams of any substance containing
7    cannabis is guilty of a Class 1 felony.
8(Source: P.A. 90-397, eff. 8-15-97.)
 
9    (720 ILCS 550/10.4 new)
10    Sec. 10.4. Immunity.
11    (a) A person acting in good faith who seeks medical
12assistance for someone experiencing a drug-related overdose
13shall not be charged or prosecuted for possession of cannabis
14under Section 4, if the evidence for the charge of possession
15of cannabis was obtained as a result of the person seeking
16medical assistance.
17    (b) A person who experiences a drug-related overdose and is
18in need of medical assistance shall not be charged or
19prosecuted for possession of cannabis under Section 4, if the
20evidence for the charge of possession of cannabis was obtained
21as a result of the overdose and the need for medical
22assistance.
23    (c) The protection in this Section from prosecution for
24possession of cannabis under Section 4 shall not be grounds for
25suppression of evidence in other criminal charges.
 

 

 

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1    Section 35. The Illinois Controlled Substances Act is
2amended by adding Sections 322 and 414 as follows:
 
3    (720 ILCS 570/322 new)
4    Sec. 322. Administration and possession of naloxone. The
5provisions of this Article do not apply to a person acting in
6good faith who receives a naloxone prescription, possesses
7naloxone, and administers naloxone to an individual suffering
8from an apparent opiate-related overdose.
 
9    (720 ILCS 570/414 new)
10    Sec. 414. Immunity.
11    (a) A person acting in good faith who seeks medical
12assistance for someone experiencing a drug-related overdose
13shall not be charged or prosecuted for possession of a
14controlled or counterfeit substance or a controlled substance
15analog under Section 402, if the evidence for the charge of
16possession of a controlled or counterfeit substance or a
17controlled substance analog was obtained as a result of the
18person seeking medical assistance.
19    (b) A person acting in good faith may receive a naloxone
20prescription, possess naloxone, and administer naloxone to an
21individual suffering from an apparent opiate-related overdose.
22    (c) A person who experiences a drug-related overdose and is
23in need of medical assistance shall not be charged or

 

 

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1prosecuted for possession of a controlled or counterfeit
2substance or a controlled substance analog under Section 402,
3if the evidence for the charge of possession of a controlled or
4counterfeit substance or a controlled substance analog was
5obtained as a result of the overdose and the need for medical
6assistance.
7    (d) The protection in this Section from prosecution for
8possession of a controlled or counterfeit substance or a
9controlled substance analog under Section 402 shall not be
10grounds for suppression of evidence in other criminal charges.
 
11    Section 40. The Methamphetamine Control and Community
12Protection Act is amended by changing Section 60 and by adding
13Section 101 as follows:
 
14    (720 ILCS 646/60)
15    Sec. 60. Methamphetamine possession.
16    (a) Except as otherwise provided in Section 101, it It is
17unlawful knowingly to possess methamphetamine or a substance
18containing methamphetamine.
19    (b) A person who violates subsection (a) is subject to the
20following penalties:
21        (1) A person who possesses less than 5 grams of
22    methamphetamine or a substance containing methamphetamine
23    is guilty of a Class 3 felony.
24        (2) A person who possesses 5 or more grams but less

 

 

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1    than 15 grams of methamphetamine or a substance containing
2    methamphetamine is guilty of a Class 2 felony.
3        (3) A person who possesses 15 or more grams but less
4    than 100 grams of methamphetamine or a substance containing
5    methamphetamine is guilty of a Class 1 felony.
6        (4) A person who possesses 100 or more grams but less
7    than 400 grams of methamphetamine or a substance containing
8    methamphetamine is guilty of a Class X felony, subject to a
9    term of imprisonment of not less than 6 years and not more
10    than 30 years, and subject to a fine not to exceed
11    $100,000.
12        (5) A person who possesses 400 or more grams but less
13    than 900 grams of methamphetamine or a substance containing
14    methamphetamine is guilty of a Class X felony, subject to a
15    term of imprisonment of not less than 8 years and not more
16    than 40 years, and subject to a fine not to exceed
17    $200,000.
18        (6) A person who possesses 900 or more grams of
19    methamphetamine or a substance containing methamphetamine
20    is guilty of a Class X felony, subject to a term of
21    imprisonment of not less than 10 years and not more than 50
22    years, and subject to a fine not to exceed $300,000.
23(Source: P.A. 94-556, eff. 9-11-05.)
 
24    (720 ILCS 646/101 new)
25    Sec. 101. Immunity.

 

 

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1    (a) A person acting in good faith who seeks medical
2assistance for someone experiencing a drug-related overdose
3shall not be charged or prosecuted for possession of
4methamphetamine or a substance containing methamphetamine
5under Section 60, if the evidence for the charge of possession
6of methamphetamine or a substance containing methamphetamine
7was obtained as a result of the person seeking medical
8assistance.
9    (b) A person who experiences a drug-related overdose and is
10in need of medical assistance shall not be charged or
11prosecuted for possession of methamphetamine or a substance
12containing methamphetamine under Section 60, if the evidence
13for the charge of possession of methamphetamine or a substance
14containing methamphetamine was obtained as a result of the
15overdose and the need for medical assistance.
16    (c) The protection in this Section from prosecution for
17possession of methamphetamine or a substance containing
18methamphetamine under Section 60 shall not be grounds for
19suppression of evidence in other criminal charges.
 
20    Section 45. The Unified Code of Corrections is amended by
21changing Section 5-5-3.1 as follows:
 
22    (730 ILCS 5/5-5-3.1)  (from Ch. 38, par. 1005-5-3.1)
23    Sec. 5-5-3.1. Factors in Mitigation.
24    (a) The following grounds shall be accorded weight in favor

 

 

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1of withholding or minimizing a sentence of imprisonment:
2        (1) The defendant's criminal conduct neither caused
3    nor threatened serious physical harm to another.
4        (2) The defendant did not contemplate that his criminal
5    conduct would cause or threaten serious physical harm to
6    another.
7        (3) The defendant acted under a strong provocation.
8        (4) There were substantial grounds tending to excuse or
9    justify the defendant's criminal conduct, though failing
10    to establish a defense.
11        (5) The defendant's criminal conduct was induced or
12    facilitated by someone other than the defendant.
13        (6) The defendant has compensated or will compensate
14    the victim of his criminal conduct for the damage or injury
15    that he sustained.
16        (7) The defendant has no history of prior delinquency
17    or criminal activity or has led a law-abiding life for a
18    substantial period of time before the commission of the
19    present crime.
20        (8) The defendant's criminal conduct was the result of
21    circumstances unlikely to recur.
22        (9) The character and attitudes of the defendant
23    indicate that he is unlikely to commit another crime.
24        (10) The defendant is particularly likely to comply
25    with the terms of a period of probation.
26        (11) The imprisonment of the defendant would entail

 

 

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1    excessive hardship to his dependents.
2        (12) The imprisonment of the defendant would endanger
3    his or her medical condition.
4        (13) The defendant was mentally retarded as defined in
5    Section 5-1-13 of this Code.
6        (14) The defendant was making a good faith effort to
7    obtain or provide medical assistance for someone who is
8    experiencing a drug-related overdose.
9    (b) If the court, having due regard for the character of
10the offender, the nature and circumstances of the offense and
11the public interest finds that a sentence of imprisonment is
12the most appropriate disposition of the offender, or where
13other provisions of this Code mandate the imprisonment of the
14offender, the grounds listed in paragraph (a) of this
15subsection shall be considered as factors in mitigation of the
16term imposed.
17(Source: P.A. 91-357, eff. 7-29-99.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 301/5-23
4    225 ILCS 60/22from Ch. 111, par. 4400-22
5    225 ILCS 65/50-50was 225 ILCS 65/10-5
6    225 ILCS 85/30from Ch. 111, par. 4150
7    225 ILCS 95/21from Ch. 111, par. 4621
8    720 ILCS 550/4from Ch. 56 1/2, par. 704
9    720 ILCS 550/10.4 new
10    720 ILCS 570/322 new
11    720 ILCS 570/414 new
12    720 ILCS 646/60
13    720 ILCS 646/101 new
14    730 ILCS 5/5-5-3.1from Ch. 38, par. 1005-5-3.1