Illinois General Assembly - Full Text of HB3074
Illinois General Assembly

Previous General Assemblies

Full Text of HB3074  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. John E. Bradley


225 ILCS 15/2  from Ch. 111, par. 5352
225 ILCS 15/4.1 new
225 ILCS 15/4.2 new
225 ILCS 15/4.3 new
225 ILCS 15/4.4 new
225 ILCS 15/4.5 new
225 ILCS 15/4.6 new
225 ILCS 15/4.7 new
720 ILCS 570/102  from Ch. 56 1/2, par. 1102

    Amends the Clinical Psychologist Licensing Act. Provides that the Clinical Psychologists Licensing and Disciplinary Board shall grant certification as prescribing psychologists to doctoral level psychologists licensed under the Act. Provides application requirements for certification as a prescribing psychologist. Provides that the Board shall establish a method for the renewal every 2 years of prescribing psychologist certificates. Provides procedures for safety and record keeping. Provides that when a psychologist is authorized to prescribe controlled substances, a prescribing psychologist shall file, in a timely manner, any individual Drug Enforcement Agency registrations and identification numbers with the Board. Requires certain communication between the Board and the State Board of Pharmacy. Provides requirements for licensure by endorsement. Defines related terms. Amends the Illinois Controlled Substances Act. Includes prescribing psychologist in the definition of "prescriber".

LRB098 10630 MGM 40909 b






HB3074LRB098 10630 MGM 40909 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Clinical Psychologist Licensing Act is
5amended by changing Section 2 and by adding Sections 4.1, 4.2,
64.3, 4.4, 4.5, 4.6, and 4.7 as follows:
7    (225 ILCS 15/2)  (from Ch. 111, par. 5352)
8    (Section scheduled to be repealed on January 1, 2017)
9    Sec. 2. Definitions. As used in this Act:
10        (1) "Department" means the Department of Financial and
11    Professional Regulation.
12        (2) "Secretary" means the Secretary of Financial and
13    Professional Regulation.
14        (3) "Board" means the Clinical Psychologists Licensing
15    and Disciplinary Board appointed by the Secretary.
16        (4) "Person" means an individual, association,
17    partnership or corporation.
18        (5) "Clinical psychology" means the independent
19    evaluation, classification and treatment of mental,
20    emotional, behavioral or nervous disorders or conditions,
21    developmental disabilities, alcoholism and substance
22    abuse, disorders of habit or conduct, the psychological
23    aspects of physical illness. The practice of clinical



HB3074- 2 -LRB098 10630 MGM 40909 b

1    psychology includes psychoeducational evaluation, therapy,
2    remediation and consultation, the use of psychological and
3    neuropsychological testing, assessment, psychotherapy,
4    psychoanalysis, hypnosis, biofeedback, and behavioral
5    modification when any of these are used for the purpose of
6    preventing or eliminating psychopathology, or for the
7    amelioration of psychological disorders of individuals or
8    groups. "Clinical psychology" does not include the use of
9    hypnosis by unlicensed persons pursuant to Section 3.
10        (6) A person represents himself to be a "clinical
11    psychologist" within the meaning of this Act when he or she
12    holds himself out to the public by any title or description
13    of services incorporating the words "psychological",
14    "psychologic", "psychologist", "psychology", or "clinical
15    psychologist" or under such title or description offers to
16    render or renders clinical psychological services as
17    defined in paragraph (7) of this Section to individuals,
18    corporations, or the public for remuneration.
19        (7) "Clinical psychological services" refers to any
20    services under paragraph (5) of this Section if the words
21    "psychological", "psychologic", "psychologist",
22    "psychology" or "clinical psychologist" are used to
23    describe such services by the person or organization
24    offering to render or rendering them.
25        (8) "Drugs" has the meaning given to that term in the
26    Pharmacy Practice Act.



HB3074- 3 -LRB098 10630 MGM 40909 b

1        (9) "Medicines" has the meaning given to that term in
2    the Pharmacy Practice Act.
3        (10) "Prescription" means an order for a drug,
4    laboratory test, or any medicines, including controlled
5    substances as defined the Illinois Controlled Substances
6    Act, devices, or treatments.
7        (11) "Prescriptive authority" means the authority to
8    prescribe and dispense drugs, medicines, or other
9    treatment procedures.
10        (12) "Prescribing psychologist" means a licensed,
11    doctoral level psychologist who has undergone specialized
12    training, has passed an examination accepted by the Board,
13    and has received a current certificate granting
14    prescriptive authority that has not been revoked or
15    suspended from the Board.
16    This Act shall not apply to persons lawfully carrying on
17their particular profession or business under any valid
18existing regulatory Act of the State.
19(Source: P.A. 94-870, eff. 6-16-06.)
20    (225 ILCS 15/4.1 new)
21    Sec. 4.1. Prescribing psychologist certification;
22prescriptive authority. The Board shall grant certification as
23prescribing psychologists to doctoral level psychologists
24licensed under this Act. The certification shall grant
25prescribing psychologists prescriptive authority to prescribe



HB3074- 4 -LRB098 10630 MGM 40909 b

1and dispense those drugs used in the treatment of mental,
2emotional, and psychological disorders in accordance with
3applicable State and federal laws. The Board shall develop and
4implement procedures and criteria for reviewing educational
5and training credentials for the certification process and the
6extent of prescriptive authority, in accordance with current
7standards of professional practice.
8    (225 ILCS 15/4.2 new)
9    Sec. 4.2. Prescribing psychologist certification
10application requirements.
11    (a) The Department shall grant prescribing psychologists
12certification to a psychologist who applies for certification
13and demonstrates by official transcript or other official
14evidence satisfactory to the Board:
15        (1) completion of a doctoral program in psychology from
16    a regionally accredited university or professional school
17    or, if the program is not accredited at the time of
18    graduation, completion of a doctoral program in psychology
19    that meets recognized acceptable professional standards as
20    determined by the Board;
21        (2) possession of a current and valid license to
22    practice psychology in the State;
23        (3) graduation with a master's degree in clinical
24    psychopharmacology from a regionally accredited
25    institution, the curriculum of which shall include



HB3074- 5 -LRB098 10630 MGM 40909 b

1    instruction in anatomy and physiology, biochemistry,
2    neurosciences, pharmacology, psychopharmacology, clinical
3    medicine, pathophysiology, and physical and laboratory
4    assessment.
5        (4) within the 5 years immediately preceding the date
6    of application, certification by the applicant's
7    supervising psychiatrist or physician as having
8    successfully completed a supervised and relevant clinical
9    experience approved by the Board of no less than an 80-hour
10    practicum in clinical assessment and pathophysiology and
11    an additional supervised practicum of at least 400 hours
12    treating no fewer than 100 patients with mental disorders;
13    both practica shall be supervised by an appropriately
14    trained physician or a prescribing psychologist determined
15    by the Board competent to train the applicant in the
16    treatment of a diverse patient population; a portion of the
17    clinical experience shall occur in one or more of the
18    following settings:
19            (A) correctional facilities;
20            (B) federally qualified health centers, as defined
21        in the Social Security Act (42 U.S.C. 1396d); or
22            (C) community service agencies serving the
23        seriously mentally ill;
24            (D) local, State, or federal facilities; and
25        (5) successful completion of a National certifying
26    exam.



HB3074- 6 -LRB098 10630 MGM 40909 b

1    (225 ILCS 15/4.3 new)
2    Sec. 4.3. Renewal of prescribing psychologist
4    (a) The Board shall establish, by rule, a method for the
5renewal every 2 years of prescribing psychologist certificates
6at the time of, or in conjunction with, the renewal of clinical
7psychology licenses.
8    (b) Each applicant for renewal of prescribing psychologist
9certification shall present satisfactory evidence to the Board
10demonstrating the completion of 24 required hours of
11instruction relevant to prescriptive authority during the 24
12months prior to application for renewal. A minimum of 20% of a
13prescribing psychologist's required hours of instruction shall
14be provided by the Illinois Psychological Association.
15    (225 ILCS 15/4.4 new)
16    Sec. 4.4. Prescribing practices.
17    (a) Every prescription by a prescribing psychologist shall
18(1) comply with all applicable State and federal laws, (2) be
19identified as issued by the psychologist as a prescribing
20psychologist, and (3) include the prescribing psychologist's
21identification number, as assigned by the Board.
22    (b) Records of all prescriptions shall be maintained in
23patient records.
24    (c) A prescribing psychologist shall not delegate the



HB3074- 7 -LRB098 10630 MGM 40909 b

1prescriptive authority to any other person.
2    (d) A prescribing psychologist shall maintain an ongoing
3collaborative relationship with the physician, attending
4physician, or referring physician who oversees the patient's
5general medical care to ensure that (1) all necessary medical
6examinations are conducted, (2) all medical and psychological
7issues are communicated, (3) no prescribed medications are
8contraindicated, and (4) all significant changes in the
9patient's medical or psychological condition are communicated.
10For the purposes of this Section, "collaborative relationship"
11means a cooperative working relationship between a prescribing
12psychologist and a physician, attending physician, or
13referring physician in the provision of patient care, including
14diagnosis and cooperation in the management and delivery of
15physical and mental health care.
16    (e) A prescribing psychologist shall undertake the
17following measures to ensure patient safety:
18        (1) collect a medical and family history;
19        (2) conduct a mental status examination and mental
20    health differential diagnosis;
21        (3) collect information on risk factors related to the
22    diagnostic condition;
23        (4) collect information on food and drug allergies;
24        (5) collect information on patient medications;
25        (6) provide patient education on prescriptions,
26    including dosing requirements and instructions, expected



HB3074- 8 -LRB098 10630 MGM 40909 b

1    benefits, and potential side effects;
2        (7) record any adverse effects from prescriptions;
3        (8) maintain progress notes, including a follow-up
4    plan, discharge plan, and other plans as needed; and
5        (9) document communication with the patient's
6    physician, attending physician, or referring physician.
7    (f) A prescribing psychologist shall, when prescribing
8medication or modifying a prescription, communicate within 24
9hours to the patient's physician, attending physician, or
10referring physician via phone, fax, or other electronic
11communication the following:
12        (1) date, time, and duration of the appointment;
13        (2) patient's name and date of birth;
14        (3) patient's height, weight, blood pressure, heart
15    rate, and pulse;
16        (4) key safety issues;
17        (5) all drugs currently prescribed to patient; and
18        (6) all drugs prescribed, dosages, and reason for
19    prescribing.
20    (g) The prescribing psychologist shall be responsible for
21memorializing all communications with patient's physician,
22attending physician, or referring physician.
23    (225 ILCS 15/4.5 new)
24    Sec. 4.5. Controlled substance prescriptive authority.
25    (a) When authorized to prescribe controlled substances, a



HB3074- 9 -LRB098 10630 MGM 40909 b

1prescribing psychologist shall file, in a timely manner, any
2individual Drug Enforcement Agency registrations and
3identification numbers with the Board.
4    (b) The Board shall maintain current records of every
5prescribing psychologist, including Drug Enforcement Agency
6registration and identification numbers.
7    (225 ILCS 15/4.6 new)
8    Sec. 4.6. State Board of Pharmacy interaction.
9    (a) The Board shall transmit to the State Board of Pharmacy
10an annual list of prescribing psychologists containing the
11following information:
12        (1) the name of the prescribing psychologist;
13        (2) the prescribing psychologist's identification
14    number assigned by the Board; and
15        (3) the effective dates of the prescribing
16    psychologist's certification.
17    (b) The Board shall promptly forward to the Board of
18Pharmacy the names and titles of psychologists added to or
19deleted from the annual list of prescribing psychologists.
20    (c) The Board shall notify the State Board of Pharmacy, in
21a timely manner, upon termination, suspension, or
22reinstatement of a psychologist's certification as a
23prescribing psychologist.
24    (225 ILCS 15/4.7 new)



HB3074- 10 -LRB098 10630 MGM 40909 b

1    Sec. 4.7. Endorsement.
2    (a) Individuals who are already licensed as medical or
3prescribing psychologists in another state may apply for an
4Illinois license by endorsement from that state, or acceptance
5of that state's examination. Applicants from other states may
6not be required to pass an examination in Illinois if they meet
7requirements set forth in this Act and its rules, such as proof
8of education, testing, and experience. The Board shall not
9issue a license until it has received and approved all
11    (b) Individuals who graduated from the Department of
12Defense Psychopharmacology Demonstration Project may apply for
13an Illinois license by endorsement. Applicants from the
14Department of Defense Psychopharmacology Demonstration Project
15may not be required to pass an examination in Illinois if they
16meet requirements set forth in this Act and its rules, such as
17proof of education, testing, and experience. The Board shall
18not issue a license until it has received and approved all
20    Section 10. The Illinois Controlled Substances Act is
21amended by changing Section 102 as follows:
22    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
23    Sec. 102. Definitions. As used in this Act, unless the
24context otherwise requires:



HB3074- 11 -LRB098 10630 MGM 40909 b

1    (a) "Addict" means any person who habitually uses any drug,
2chemical, substance or dangerous drug other than alcohol so as
3to endanger the public morals, health, safety or welfare or who
4is so far addicted to the use of a dangerous drug or controlled
5substance other than alcohol as to have lost the power of self
6control with reference to his or her addiction.
7    (b) "Administer" means the direct application of a
8controlled substance, whether by injection, inhalation,
9ingestion, or any other means, to the body of a patient,
10research subject, or animal (as defined by the Humane
11Euthanasia in Animal Shelters Act) by:
12        (1) a practitioner (or, in his or her presence, by his
13    or her authorized agent),
14        (2) the patient or research subject pursuant to an
15    order, or
16        (3) a euthanasia technician as defined by the Humane
17    Euthanasia in Animal Shelters Act.
18    (c) "Agent" means an authorized person who acts on behalf
19of or at the direction of a manufacturer, distributor,
20dispenser, prescriber, or practitioner. It does not include a
21common or contract carrier, public warehouseman or employee of
22the carrier or warehouseman.
23    (c-1) "Anabolic Steroids" means any drug or hormonal
24substance, chemically and pharmacologically related to
25testosterone (other than estrogens, progestins,
26corticosteroids, and dehydroepiandrosterone), and includes:



HB3074- 12 -LRB098 10630 MGM 40909 b

1    (i) 3[beta],17-dihydroxy-5a-androstane, 
2    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
3    (iii) 5[alpha]-androstan-3,17-dione, 
4    (iv) 1-androstenediol (3[beta], 
5        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
6    (v) 1-androstenediol (3[alpha], 
7        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
8    (vi) 4-androstenediol  
9        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
10    (vii) 5-androstenediol  
11        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
12    (viii) 1-androstenedione  
13        ([5alpha]-androst-1-en-3,17-dione), 
14    (ix) 4-androstenedione  
15        (androst-4-en-3,17-dione), 
16    (x) 5-androstenedione  
17        (androst-5-en-3,17-dione), 
18    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
19        hydroxyandrost-4-en-3-one), 
20    (xii) boldenone (17[beta]-hydroxyandrost- 
21        1,4,-diene-3-one), 
22    (xiii) boldione (androsta-1,4- 
23        diene-3,17-dione), 
24    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
25        [beta]-hydroxyandrost-4-en-3-one), 
26    (xv) clostebol (4-chloro-17[beta]- 



HB3074- 13 -LRB098 10630 MGM 40909 b

1        hydroxyandrost-4-en-3-one), 
2    (xvi) dehydrochloromethyltestosterone (4-chloro- 
3        17[beta]-hydroxy-17[alpha]-methyl- 
4        androst-1,4-dien-3-one), 
5    (xvii) desoxymethyltestosterone 
6    (17[alpha]-methyl-5[alpha] 
7        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
8    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
9        '1-testosterone') (17[beta]-hydroxy- 
10        5[alpha]-androst-1-en-3-one), 
11    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
12        androstan-3-one), 
13    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
14        5[alpha]-androstan-3-one), 
15    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
16        hydroxyestr-4-ene), 
17    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
18        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
19    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
20        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
21    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
22        hydroxyandrostano[2,3-c]-furazan), 
23    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
24    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
25        androst-4-en-3-one), 
26    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 



HB3074- 14 -LRB098 10630 MGM 40909 b

1        dihydroxy-estr-4-en-3-one), 
2    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
3        hydroxy-5-androstan-3-one), 
4    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
5        [5a]-androstan-3-one), 
6    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
7        hydroxyandrost-1,4-dien-3-one), 
8    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
9        dihydroxyandrost-5-ene), 
10    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
11        5[alpha]-androst-1-en-3-one), 
12    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
13        dihydroxy-5a-androstane), 
14    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
15        -5a-androstane), 
16    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
17        dihydroxyandrost-4-ene), 
18    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
19        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
20    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
21        hydroxyestra-4,9(10)-dien-3-one), 
22    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
23        hydroxyestra-4,9-11-trien-3-one), 
24    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
25        hydroxyandrost-4-en-3-one), 
26    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 



HB3074- 15 -LRB098 10630 MGM 40909 b

1        hydroxyestr-4-en-3-one), 
2    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
3        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
4        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
5        1-testosterone'), 
6    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
7    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
8        dihydroxyestr-4-ene), 
9    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
10        dihydroxyestr-4-ene), 
11    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
12        dihydroxyestr-5-ene), 
13    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
14        dihydroxyestr-5-ene), 
15    (xlvii) 19-nor-4,9(10)-androstadienedione  
16        (estra-4,9(10)-diene-3,17-dione), 
17    (xlviii) 19-nor-4-androstenedione (estr-4- 
18        en-3,17-dione), 
19    (xlix) 19-nor-5-androstenedione (estr-5- 
20        en-3,17-dione), 
21    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
22        hydroxygon-4-en-3-one), 
23    (li) norclostebol (4-chloro-17[beta]- 
24        hydroxyestr-4-en-3-one), 
25    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
26        hydroxyestr-4-en-3-one), 



HB3074- 16 -LRB098 10630 MGM 40909 b

1    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
2        hydroxyestr-4-en-3-one), 
3    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
4        2-oxa-5[alpha]-androstan-3-one), 
5    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
6        dihydroxyandrost-4-en-3-one), 
7    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
8        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
9    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
10        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
11    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
12        (5[alpha]-androst-1-en-3-one), 
13    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
14        secoandrosta-1,4-dien-17-oic 
15        acid lactone), 
16    (lx) testosterone (17[beta]-hydroxyandrost- 
17        4-en-3-one), 
18    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
19        diethyl-17[beta]-hydroxygon- 
20        4,9,11-trien-3-one), 
21    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
22        11-trien-3-one). 
23    Any person who is otherwise lawfully in possession of an
24anabolic steroid, or who otherwise lawfully manufactures,
25distributes, dispenses, delivers, or possesses with intent to
26deliver an anabolic steroid, which anabolic steroid is



HB3074- 17 -LRB098 10630 MGM 40909 b

1expressly intended for and lawfully allowed to be administered
2through implants to livestock or other nonhuman species, and
3which is approved by the Secretary of Health and Human Services
4for such administration, and which the person intends to
5administer or have administered through such implants, shall
6not be considered to be in unauthorized possession or to
7unlawfully manufacture, distribute, dispense, deliver, or
8possess with intent to deliver such anabolic steroid for
9purposes of this Act.
10    (d) "Administration" means the Drug Enforcement
11Administration, United States Department of Justice, or its
12successor agency.
13    (d-5) "Clinical Director, Prescription Monitoring Program"
14means a Department of Human Services administrative employee
15licensed to either prescribe or dispense controlled substances
16who shall run the clinical aspects of the Department of Human
17Services Prescription Monitoring Program and its Prescription
18Information Library.
19    (d-10) "Compounding" means the preparation and mixing of
20components, excluding flavorings, (1) as the result of a
21prescriber's prescription drug order or initiative based on the
22prescriber-patient-pharmacist relationship in the course of
23professional practice or (2) for the purpose of, or incident
24to, research, teaching, or chemical analysis and not for sale
25or dispensing. "Compounding" includes the preparation of drugs
26or devices in anticipation of receiving prescription drug



HB3074- 18 -LRB098 10630 MGM 40909 b

1orders based on routine, regularly observed dispensing
2patterns. Commercially available products may be compounded
3for dispensing to individual patients only if both of the
4following conditions are met: (i) the commercial product is not
5reasonably available from normal distribution channels in a
6timely manner to meet the patient's needs and (ii) the
7prescribing practitioner has requested that the drug be
9    (e) "Control" means to add a drug or other substance, or
10immediate precursor, to a Schedule whether by transfer from
11another Schedule or otherwise.
12    (f) "Controlled Substance" means (i) a drug, substance, or
13immediate precursor in the Schedules of Article II of this Act
14or (ii) a drug or other substance, or immediate precursor,
15designated as a controlled substance by the Department through
16administrative rule. The term does not include distilled
17spirits, wine, malt beverages, or tobacco, as those terms are
18defined or used in the Liquor Control Act and the Tobacco
19Products Tax Act.
20    (f-5) "Controlled substance analog" means a substance:
21        (1) the chemical structure of which is substantially
22    similar to the chemical structure of a controlled substance
23    in Schedule I or II;
24        (2) which has a stimulant, depressant, or
25    hallucinogenic effect on the central nervous system that is
26    substantially similar to or greater than the stimulant,



HB3074- 19 -LRB098 10630 MGM 40909 b

1    depressant, or hallucinogenic effect on the central
2    nervous system of a controlled substance in Schedule I or
3    II; or
4        (3) with respect to a particular person, which such
5    person represents or intends to have a stimulant,
6    depressant, or hallucinogenic effect on the central
7    nervous system that is substantially similar to or greater
8    than the stimulant, depressant, or hallucinogenic effect
9    on the central nervous system of a controlled substance in
10    Schedule I or II.
11    (g) "Counterfeit substance" means a controlled substance,
12which, or the container or labeling of which, without
13authorization bears the trademark, trade name, or other
14identifying mark, imprint, number or device, or any likeness
15thereof, of a manufacturer, distributor, or dispenser other
16than the person who in fact manufactured, distributed, or
17dispensed the substance.
18    (h) "Deliver" or "delivery" means the actual, constructive
19or attempted transfer of possession of a controlled substance,
20with or without consideration, whether or not there is an
21agency relationship.
22    (i) "Department" means the Illinois Department of Human
23Services (as successor to the Department of Alcoholism and
24Substance Abuse) or its successor agency.
25    (j) (Blank).
26    (k) "Department of Corrections" means the Department of



HB3074- 20 -LRB098 10630 MGM 40909 b

1Corrections of the State of Illinois or its successor agency.
2    (l) "Department of Financial and Professional Regulation"
3means the Department of Financial and Professional Regulation
4of the State of Illinois or its successor agency.
5    (m) "Depressant" means any drug that (i) causes an overall
6depression of central nervous system functions, (ii) causes
7impaired consciousness and awareness, and (iii) can be
8habit-forming or lead to a substance abuse problem, including
9but not limited to alcohol, cannabis and its active principles
10and their analogs, benzodiazepines and their analogs,
11barbiturates and their analogs, opioids (natural and
12synthetic) and their analogs, and chloral hydrate and similar
13sedative hypnotics.
14    (n) (Blank).
15    (o) "Director" means the Director of the Illinois State
16Police or his or her designated agents.
17    (p) "Dispense" means to deliver a controlled substance to
18an ultimate user or research subject by or pursuant to the
19lawful order of a prescriber, including the prescribing,
20administering, packaging, labeling, or compounding necessary
21to prepare the substance for that delivery.
22    (q) "Dispenser" means a practitioner who dispenses.
23    (r) "Distribute" means to deliver, other than by
24administering or dispensing, a controlled substance.
25    (s) "Distributor" means a person who distributes.
26    (t) "Drug" means (1) substances recognized as drugs in the



HB3074- 21 -LRB098 10630 MGM 40909 b

1official United States Pharmacopoeia, Official Homeopathic
2Pharmacopoeia of the United States, or official National
3Formulary, or any supplement to any of them; (2) substances
4intended for use in diagnosis, cure, mitigation, treatment, or
5prevention of disease in man or animals; (3) substances (other
6than food) intended to affect the structure of any function of
7the body of man or animals and (4) substances intended for use
8as a component of any article specified in clause (1), (2), or
9(3) of this subsection. It does not include devices or their
10components, parts, or accessories.
11    (t-5) "Euthanasia agency" means an entity certified by the
12Department of Financial and Professional Regulation for the
13purpose of animal euthanasia that holds an animal control
14facility license or animal shelter license under the Animal
15Welfare Act. A euthanasia agency is authorized to purchase,
16store, possess, and utilize Schedule II nonnarcotic and
17Schedule III nonnarcotic drugs for the sole purpose of animal
19    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
20substances (nonnarcotic controlled substances) that are used
21by a euthanasia agency for the purpose of animal euthanasia.
22    (u) "Good faith" means the prescribing or dispensing of a
23controlled substance by a practitioner in the regular course of
24professional treatment to or for any person who is under his or
25her treatment for a pathology or condition other than that
26individual's physical or psychological dependence upon or



HB3074- 22 -LRB098 10630 MGM 40909 b

1addiction to a controlled substance, except as provided herein:
2and application of the term to a pharmacist shall mean the
3dispensing of a controlled substance pursuant to the
4prescriber's order which in the professional judgment of the
5pharmacist is lawful. The pharmacist shall be guided by
6accepted professional standards including, but not limited to
7the following, in making the judgment:
8        (1) lack of consistency of prescriber-patient
9    relationship,
10        (2) frequency of prescriptions for same drug by one
11    prescriber for large numbers of patients,
12        (3) quantities beyond those normally prescribed,
13        (4) unusual dosages (recognizing that there may be
14    clinical circumstances where more or less than the usual
15    dose may be used legitimately),
16        (5) unusual geographic distances between patient,
17    pharmacist and prescriber,
18        (6) consistent prescribing of habit-forming drugs.
19    (u-0.5) "Hallucinogen" means a drug that causes markedly
20altered sensory perception leading to hallucinations of any
22    (u-1) "Home infusion services" means services provided by a
23pharmacy in compounding solutions for direct administration to
24a patient in a private residence, long-term care facility, or
25hospice setting by means of parenteral, intravenous,
26intramuscular, subcutaneous, or intraspinal infusion.



HB3074- 23 -LRB098 10630 MGM 40909 b

1    (u-5) "Illinois State Police" means the State Police of the
2State of Illinois, or its successor agency.
3    (v) "Immediate precursor" means a substance:
4        (1) which the Department has found to be and by rule
5    designated as being a principal compound used, or produced
6    primarily for use, in the manufacture of a controlled
7    substance;
8        (2) which is an immediate chemical intermediary used or
9    likely to be used in the manufacture of such controlled
10    substance; and
11        (3) the control of which is necessary to prevent,
12    curtail or limit the manufacture of such controlled
13    substance.
14    (w) "Instructional activities" means the acts of teaching,
15educating or instructing by practitioners using controlled
16substances within educational facilities approved by the State
17Board of Education or its successor agency.
18    (x) "Local authorities" means a duly organized State,
19County or Municipal peace unit or police force.
20    (y) "Look-alike substance" means a substance, other than a
21controlled substance which (1) by overall dosage unit
22appearance, including shape, color, size, markings or lack
23thereof, taste, consistency, or any other identifying physical
24characteristic of the substance, would lead a reasonable person
25to believe that the substance is a controlled substance, or (2)
26is expressly or impliedly represented to be a controlled



HB3074- 24 -LRB098 10630 MGM 40909 b

1substance or is distributed under circumstances which would
2lead a reasonable person to believe that the substance is a
3controlled substance. For the purpose of determining whether
4the representations made or the circumstances of the
5distribution would lead a reasonable person to believe the
6substance to be a controlled substance under this clause (2) of
7subsection (y), the court or other authority may consider the
8following factors in addition to any other factor that may be
10        (a) statements made by the owner or person in control
11    of the substance concerning its nature, use or effect;
12        (b) statements made to the buyer or recipient that the
13    substance may be resold for profit;
14        (c) whether the substance is packaged in a manner
15    normally used for the illegal distribution of controlled
16    substances;
17        (d) whether the distribution or attempted distribution
18    included an exchange of or demand for money or other
19    property as consideration, and whether the amount of the
20    consideration was substantially greater than the
21    reasonable retail market value of the substance.
22    Clause (1) of this subsection (y) shall not apply to a
23noncontrolled substance in its finished dosage form that was
24initially introduced into commerce prior to the initial
25introduction into commerce of a controlled substance in its
26finished dosage form which it may substantially resemble.



HB3074- 25 -LRB098 10630 MGM 40909 b

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



HB3074- 26 -LRB098 10630 MGM 40909 b

1    of a controlled substance for his or her own use; or
2        (2) by a practitioner, or his or her authorized agent
3    under his or her supervision, the preparation,
4    compounding, packaging, or labeling of a controlled
5    substance:
6            (a) as an incident to his or her administering or
7        dispensing of a controlled substance in the course of
8        his or her professional practice; or
9            (b) as an incident to lawful research, teaching or
10        chemical analysis and not for sale.
11    (z-1) (Blank).
12    (z-5) "Medication shopping" means the conduct prohibited
13under subsection (a) of Section 314.5 of this Act.
14    (z-10) "Mid-level practitioner" means (i) a physician
15assistant who has been delegated authority to prescribe through
16a written delegation of authority by a physician licensed to
17practice medicine in all of its branches, in accordance with
18Section 7.5 of the Physician Assistant Practice Act of 1987,
19(ii) an advanced practice nurse who has been delegated
20authority to prescribe through a written delegation of
21authority by a physician licensed to practice medicine in all
22of its branches or by a podiatrist, in accordance with Section
2365-40 of the Nurse Practice Act, or (iii) an animal euthanasia
25    (aa) "Narcotic drug" means any of the following, whether
26produced directly or indirectly by extraction from substances



HB3074- 27 -LRB098 10630 MGM 40909 b

1of vegetable origin, or independently by means of chemical
2synthesis, or by a combination of extraction and chemical
4        (1) opium, opiates, derivatives of opium and opiates,
5    including their isomers, esters, ethers, salts, and salts
6    of isomers, esters, and ethers, whenever the existence of
7    such isomers, esters, ethers, and salts is possible within
8    the specific chemical designation; however the term
9    "narcotic drug" does not include the isoquinoline
10    alkaloids of opium;
11        (2) (blank);
12        (3) opium poppy and poppy straw;
13        (4) coca leaves, except coca leaves and extracts of
14    coca leaves from which substantially all of the cocaine and
15    ecgonine, and their isomers, derivatives and salts, have
16    been removed;
17        (5) cocaine, its salts, optical and geometric isomers,
18    and salts of isomers;
19        (6) ecgonine, its derivatives, their salts, isomers,
20    and salts of isomers;
21        (7) any compound, mixture, or preparation which
22    contains any quantity of any of the substances referred to
23    in subparagraphs (1) through (6).
24    (bb) "Nurse" means a registered nurse licensed under the
25Nurse Practice Act.
26    (cc) (Blank).



HB3074- 28 -LRB098 10630 MGM 40909 b

1    (dd) "Opiate" means any substance having an addiction
2forming or addiction sustaining liability similar to morphine
3or being capable of conversion into a drug having addiction
4forming or addiction sustaining liability.
5    (ee) "Opium poppy" means the plant of the species Papaver
6somniferum L., except its seeds.
7    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
8solution or other liquid form of medication intended for
9administration by mouth, but the term does not include a form
10of medication intended for buccal, sublingual, or transmucosal
12    (ff) "Parole and Pardon Board" means the Parole and Pardon
13Board of the State of Illinois or its successor agency.
14    (gg) "Person" means any individual, corporation,
15mail-order pharmacy, government or governmental subdivision or
16agency, business trust, estate, trust, partnership or
17association, or any other entity.
18    (hh) "Pharmacist" means any person who holds a license or
19certificate of registration as a registered pharmacist, a local
20registered pharmacist or a registered assistant pharmacist
21under the Pharmacy Practice Act.
22    (ii) "Pharmacy" means any store, ship or other place in
23which pharmacy is authorized to be practiced under the Pharmacy
24Practice Act.
25    (ii-5) "Pharmacy shopping" means the conduct prohibited
26under subsection (b) of Section 314.5 of this Act.



HB3074- 29 -LRB098 10630 MGM 40909 b

1    (ii-10) "Physician" (except when the context otherwise
2requires) means a person licensed to practice medicine in all
3of its branches.
4    (jj) "Poppy straw" means all parts, except the seeds, of
5the opium poppy, after mowing.
6    (kk) "Practitioner" means a physician licensed to practice
7medicine in all its branches, dentist, optometrist,
8podiatrist, veterinarian, scientific investigator, pharmacist,
9physician assistant, advanced practice nurse, licensed
10practical nurse, registered nurse, hospital, laboratory, or
11pharmacy, or other person licensed, registered, or otherwise
12lawfully permitted by the United States or this State to
13distribute, dispense, conduct research with respect to,
14administer or use in teaching or chemical analysis, a
15controlled substance in the course of professional practice or
17    (ll) "Pre-printed prescription" means a written
18prescription upon which the designated drug has been indicated
19prior to the time of issuance; the term does not mean a written
20prescription that is individually generated by machine or
21computer in the prescriber's office.
22    (mm) "Prescriber" means a physician licensed to practice
23medicine in all its branches, dentist, optometrist,
24prescribing psychologist certified under the Clinical
25Psychologist Licensing Act, podiatrist, or veterinarian who
26issues a prescription, a physician assistant who issues a



HB3074- 30 -LRB098 10630 MGM 40909 b

1prescription for a controlled substance in accordance with
2Section 303.05, a written delegation, and a written supervision
3agreement required under Section 7.5 of the Physician Assistant
4Practice Act of 1987, or an advanced practice nurse with
5prescriptive authority delegated under Section 65-40 of the
6Nurse Practice Act and in accordance with Section 303.05, a
7written delegation, and a written collaborative agreement
8under Section 65-35 of the Nurse Practice Act.
9    (nn) "Prescription" means a written, facsimile, or oral
10order, or an electronic order that complies with applicable
11federal requirements, of a physician licensed to practice
12medicine in all its branches, dentist, podiatrist or
13veterinarian for any controlled substance, of an optometrist
14for a Schedule III, IV, or V controlled substance in accordance
15with Section 15.1 of the Illinois Optometric Practice Act of
161987, of a physician assistant for a controlled substance in
17accordance with Section 303.05, a written delegation, and a
18written supervision agreement required under Section 7.5 of the
19Physician Assistant Practice Act of 1987, or of an advanced
20practice nurse with prescriptive authority delegated under
21Section 65-40 of the Nurse Practice Act who issues a
22prescription for a controlled substance in accordance with
23Section 303.05, a written delegation, and a written
24collaborative agreement under Section 65-35 of the Nurse
25Practice Act when required by law.
26    (nn-5) "Prescription Information Library" (PIL) means an



HB3074- 31 -LRB098 10630 MGM 40909 b

1electronic library that contains reported controlled substance
3    (nn-10) "Prescription Monitoring Program" (PMP) means the
4entity that collects, tracks, and stores reported data on
5controlled substances and select drugs pursuant to Section 316.
6    (oo) "Production" or "produce" means manufacture,
7planting, cultivating, growing, or harvesting of a controlled
8substance other than methamphetamine.
9    (pp) "Registrant" means every person who is required to
10register under Section 302 of this Act.
11    (qq) "Registry number" means the number assigned to each
12person authorized to handle controlled substances under the
13laws of the United States and of this State.
14    (qq-5) "Secretary" means, as the context requires, either
15the Secretary of the Department or the Secretary of the
16Department of Financial and Professional Regulation, and the
17Secretary's designated agents.
18    (rr) "State" includes the State of Illinois and any state,
19district, commonwealth, territory, insular possession thereof,
20and any area subject to the legal authority of the United
21States of America.
22    (rr-5) "Stimulant" means any drug that (i) causes an
23overall excitation of central nervous system functions, (ii)
24causes impaired consciousness and awareness, and (iii) can be
25habit-forming or lead to a substance abuse problem, including
26but not limited to amphetamines and their analogs,



HB3074- 32 -LRB098 10630 MGM 40909 b

1methylphenidate and its analogs, cocaine, and phencyclidine
2and its analogs.
3    (ss) "Ultimate user" means a person who lawfully possesses
4a controlled substance for his or her own use or for the use of
5a member of his or her household or for administering to an
6animal owned by him or her or by a member of his or her
8(Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09;
997-334, eff. 1-1-12.)