Illinois General Assembly - Full Text of SB2187
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Full Text of SB2187  98th General Assembly

SB2187enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
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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 Sections 2, 7, and 15 and by adding
6Sections 4.2, 4.3, and 4.5 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8    (Section scheduled to be repealed on January 1, 2017)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

 

 

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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" or "psychologist" within the meaning of this
12    Act when he or she holds himself out to the public by any
13    title or description of services incorporating the words
14    "psychological", "psychologic", "psychologist",
15    "psychology", or "clinical psychologist" or under such
16    title or description offers to render or renders clinical
17    psychological services as defined in paragraph (7) of this
18    Section to individuals, corporations, or the public for
19    remuneration.
20        (7) "Clinical psychological services" refers to any
21    services under paragraph (5) of this Section if the words
22    "psychological", "psychologic", "psychologist",
23    "psychology" or "clinical psychologist" are used to
24    describe such services by the person or organization
25    offering to render or rendering them.
26        (8) "Collaborating physician" means a physician

 

 

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1    licensed to practice medicine in all of its branches in
2    Illinois who generally prescribes medications for the
3    treatment of mental health disease or illness to his or her
4    patients in the normal course of his or her clinical
5    medical practice.
6        (9) "Prescribing psychologist" means a licensed,
7    doctoral level psychologist who has undergone specialized
8    training, has passed an examination as determined by rule,
9    and has received a current license granting prescriptive
10    authority under Section 4.2 of this Act that has not been
11    revoked or suspended from the Department.
12        (10) "Prescriptive authority" means the authority to
13    prescribe, administer, discontinue, or distribute drugs or
14    medicines.
15        (11) "Prescription" means an order for a drug,
16    laboratory test, or any medicines, including controlled
17    substances as defined in the Illinois Controlled
18    Substances Act.
19        (12) "Drugs" has the meaning given to that term in the
20    Pharmacy Practice Act.
21        (13) "Medicines" has the meaning given to that term in
22    the Pharmacy Practice Act.
23    This Act shall not apply to persons lawfully carrying on
24their particular profession or business under any valid
25existing regulatory Act of the State.
26(Source: P.A. 94-870, eff. 6-16-06.)
 

 

 

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1    (225 ILCS 15/4.2 new)
2    Sec. 4.2. Prescribing psychologist license.
3    (a) A psychologist may apply to the Department for a
4prescribing psychologist license. The application shall be
5made on a form approved by the Department, include the payment
6of any required fees, and be accompanied by evidence
7satisfactory to the Department that the applicant:
8        (1) holds a current license to practice clinical
9    psychology in Illinois;
10        (2) has successfully completed the following minimum
11    educational and training requirements either during the
12    doctoral program required for licensure under this Section
13    or in an accredited undergraduate or master level program
14    prior to or subsequent to the doctoral program required
15    under this Section:
16            (A) specific minimum undergraduate biomedical
17        prerequisite coursework, including, but not limited
18        to: Medical Terminology (class or proficiency);
19        Chemistry or Biochemistry with lab (2 semesters);
20        Human Physiology (one semester); Human Anatomy (one
21        semester); Anatomy and Physiology; Microbiology with
22        lab (one semester); and General Biology for science
23        majors or Cell and Molecular Biology (one semester);
24            (B) a minimum of 60 credit hours of didactic
25        coursework, including, but not limited to:

 

 

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1        Pharmacology; Clinical Psychopharmacology; Clinical
2        Anatomy and Integrated Science; Patient Evaluation;
3        Advanced Physical Assessment; Research Methods;
4        Advanced Pathophysiology; Diagnostic Methods; Problem
5        Based Learning; and Clinical and Procedural Skills;
6        and
7            (C) a full-time practicum of 14 months supervised
8        clinical training of at least 36 credit hours,
9        including a research project; during the clinical
10        rotation phase, students complete rotations in
11        Emergency Medicine, Family Medicine, Geriatrics,
12        Internal Medicine, Obstetrics and Gynecology,
13        Pediatrics, Psychiatrics, Surgery, and one elective of
14        the students' choice; program approval standards
15        addressing faculty qualifications, regular competency
16        evaluation and length of clinical rotations, and
17        instructional settings, including hospitals, hospital
18        outpatient clinics, community mental health clinics,
19        and correctional facilities, in accordance with those
20        of the Accreditation Review Commission on Education
21        for the Physician Assistant shall be set by Department
22        by rule;
23        (3) has completed a National Certifying Exam, as
24    determined by rule; and
25        (4) meets all other requirements for obtaining a
26    prescribing psychologist license, as determined by rule.

 

 

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1    (b) The Department may issue a prescribing psychologist
2license if it finds that the applicant has met the requirements
3of subsection (a) of this Section.
4    (c) A prescribing psychologist may only prescribe
5medication pursuant to the provisions of this Act if the
6prescribing psychologist:
7        (1) continues to hold a current license to practice
8    psychology in Illinois;
9        (2) satisfies the continuing education requirements
10    for prescribing psychologists, including 10 hours of
11    continuing education annually in pharmacology from
12    accredited providers; and
13        (3) maintains a written collaborative agreement with a
14    collaborating physician pursuant to Section 4.3 of this
15    Act.
 
16    (225 ILCS 15/4.3 new)
17    Sec. 4.3. Written collaborative agreements.
18    (a) A written collaborative agreement is required for all
19prescribing psychologists practicing under a prescribing
20psychologist license issued pursuant to Section 4.2 of this
21Act.
22    (b) A written delegation of prescriptive authority by a
23collaborating physician may only include medications for the
24treatment of mental health disease or illness the collaborating
25physician generally provides to his or her patients in the

 

 

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1normal course of his or her clinical practice with the
2exception of the following:
3        (1) patients who are less than 17 years of age or over
4    65 years of age;
5        (2) patients during pregnancy;
6        (3) patients with serious medical conditions, such as
7    heart disease, cancer, stroke, or seizures, and with
8    developmental disabilities and intellectual disabilities;
9    and
10        (4) prescriptive authority for benzodiazepine Schedule
11    III controlled substances.
12    (c) The collaborating physician shall file with the
13Department notice of delegation of prescriptive authority and
14termination of the delegation, in accordance with rules of the
15Department. Upon receipt of this notice delegating authority to
16prescribe any nonnarcotic Schedule III through V controlled
17substances, the licensed clinical psychologist shall be
18eligible to register for a mid-level practitioner controlled
19substance license under Section 303.05 of the Illinois
20Controlled Substances Act.
21    (d) All of the following shall apply to delegation of
22prescriptive authority:
23        (1) Any delegation of Schedule III through V controlled
24    substances shall identify the specific controlled
25    substance by brand name or generic name. No controlled
26    substance to be delivered by injection may be delegated. No

 

 

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1    Schedule II controlled substance shall be delegated.
2        (2) A prescribing psychologist shall not prescribe
3    narcotic drugs, as defined in Section 102 of the Illinois
4    Controlled Substances Act.
5    Any prescribing psychologist who writes a prescription for
6a controlled substance without having valid and appropriate
7authority may be fined by the Department not more than $50 per
8prescription and the Department may take any other disciplinary
9action provided for in this Act.
10    (e) The written collaborative agreement shall describe the
11working relationship of the prescribing psychologist with the
12collaborating physician and shall delegate prescriptive
13authority as provided in this Act. Collaboration does not
14require an employment relationship between the collaborating
15physician and prescribing psychologist. Absent an employment
16relationship, an agreement may not restrict third-party
17payment sources accepted by the prescribing psychologist. For
18the purposes of this Section, "collaboration" means the
19relationship between a prescribing psychologist and a
20collaborating physician with respect to the delivery of
21prescribing services in accordance with (1) the prescribing
22psychologist's training, education, and experience and (2)
23collaboration and consultation as documented in a jointly
24developed written collaborative agreement.
25    (f) The agreement shall promote the exercise of
26professional judgment by the prescribing psychologist

 

 

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1corresponding to his or her education and experience.
2    (g) The collaborative agreement shall not be construed to
3require the personal presence of a physician at the place where
4services are rendered. Methods of communication shall be
5available for consultation with the collaborating physician in
6person or by telecommunications in accordance with established
7written guidelines as set forth in the written agreement.
8    (h) Collaboration and consultation pursuant to all
9collaboration agreements shall be adequate if a collaborating
10physician does each of the following:
11        (1) participates in the joint formulation and joint
12    approval of orders or guidelines with the prescribing
13    psychologist and he or she periodically reviews the
14    prescribing psychologist's orders and the services
15    provided patients under the orders in accordance with
16    accepted standards of medical practice and prescribing
17    psychologist practice;
18        (2) provides collaboration and consultation with the
19    prescribing psychologist in person at least once a month
20    for review of safety and quality clinical care or
21    treatment;
22        (3) is available through telecommunications for
23    consultation on medical problems, complications,
24    emergencies, or patient referral; and
25        (4) reviews medication orders of the prescribing
26    psychologist no less than monthly, including review of

 

 

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1    laboratory tests and other tests as available.
2    (i) The written collaborative agreement shall contain
3provisions detailing notice for termination or change of status
4involving a written collaborative agreement, except when the
5notice is given for just cause.
6    (j) A copy of the signed written collaborative agreement
7shall be available to the Department upon request to either the
8prescribing psychologist or the collaborating physician.
9    (k) Nothing in this Section shall be construed to limit the
10authority of a prescribing psychologist to perform all duties
11authorized under this Act.
12    (l) A prescribing psychologist shall inform each
13collaborating physician of all collaborative agreements he or
14she has signed and provide a copy of these to any collaborating
15physician.
16    (m) No collaborating physician shall enter into more than 3
17collaborative agreements with prescribing psychologists.
 
18    (225 ILCS 15/4.5 new)
19    Sec. 4.5. Endorsement.
20    (a) Individuals who are already licensed as medical or
21prescribing psychologists in another state may apply for an
22Illinois prescribing psychologist license by endorsement from
23that state, or acceptance of that state's examination if they
24meet the requirements set forth in this Act and its rules,
25including proof of successful completion of the educational,

 

 

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1testing, and experience standards. Applicants from other
2states may not be required to pass the examination required for
3licensure as a prescribing psychologist in Illinois if they
4meet requirements set forth in this Act and its rules, such as
5proof of education, testing, payment of any fees, and
6experience.
7    (b) Individuals who graduated from the Department of
8Defense Psychopharmacology Demonstration Project may apply for
9an Illinois prescribing psychologist license by endorsement.
10Applicants from the Department of Defense Psychopharmacology
11Demonstration Project may not be required to pass the
12examination required for licensure as a prescribing
13psychologist in Illinois if they meet requirements set forth in
14this Act and its rules, such as proof of education, testing,
15payment of any fees, and experience.
16    (c) Individuals applying for a prescribing psychologist
17license by endorsement shall be required to first obtain a
18clinical psychologist license under this Act.
 
19    (225 ILCS 15/7)  (from Ch. 111, par. 5357)
20    (Section scheduled to be repealed on January 1, 2017)
21    Sec. 7. Board. The Secretary shall appoint a Board that
22shall serve in an advisory capacity to the Secretary.
23    The Board shall consist of 11 7 persons: , 4 of whom are
24licensed clinical psychologists, and actively engaged in the
25practice of clinical psychology; 2 of whom are licensed

 

 

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1prescribing psychologists; 2 of whom are physicians licensed to
2practice medicine in all its branches in Illinois who generally
3prescribe medications for the treatment of mental health
4disease or illness in the normal course of clinical medical
5practice, one of whom shall be a psychiatrist and the other a
6primary care or family physician; , 2 of whom are licensed
7clinical psychologists and are full time faculty members of
8accredited colleges or universities who are engaged in training
9clinical psychologists; , and one of whom is a public member who
10is not a licensed health care provider. In appointing members
11of the Board, the Secretary shall give due consideration to the
12adequate representation of the various fields of health care
13psychology such as clinical psychology, school psychology and
14counseling psychology. In appointing members of the Board, the
15Secretary shall give due consideration to recommendations by
16members of the profession of clinical psychology and by the
17State-wide organizations representing the interests of
18clinical psychologists and organizations representing the
19interests of academic programs as well as recommendations by
20approved doctoral level psychology programs in the State of
21Illinois, and, with respect to the 2 physician members of the
22Board, the Secretary shall give due consideration to
23recommendations by the Statewide professional associations or
24societies representing physicians licensed to practice
25medicine in all its branches in Illinois. The members shall be
26appointed for a term of 4 years. No member shall be eligible to

 

 

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1serve for more than 2 full terms. Any appointment to fill a
2vacancy shall be for the unexpired portion of the term. A
3member appointed to fill a vacancy for an unexpired term for a
4duration of 2 years or more may be reappointed for a maximum of
5one term and a member appointed to fill a vacancy for an
6unexpired term for a duration of less than 2 years may be
7reappointed for a maximum of 2 terms. The Secretary may remove
8any member for cause at any time prior to the expiration of his
9or her term.
10    The 2 initial appointees to the Board who are licensed
11prescribing psychologists may hold a medical or prescription
12license issued by another state so long as the license is
13deemed by the Secretary to be substantially equivalent to a
14prescribing psychologist license under this Act and so long as
15the appointees also maintain an Illinois clinical psychologist
16license. Such initial appointees shall serve on the Board until
17the Department adopts rules necessary to implement licensure
18under Section 4.2 of this Act.
19    The Board shall annually elect one of its members as
20chairperson and vice chairperson.
21    The members of the Board shall be reimbursed for all
22authorized legitimate and necessary expenses incurred in
23attending the meetings of the Board.
24    The Secretary shall give due consideration to all
25recommendations of the Board. In the event the Secretary
26disagrees with or takes action contrary to the recommendation

 

 

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1of the Board, he or she shall provide the Board with a written
2and specific explanation of his or her actions.
3    The Board may make recommendations on all matters relating
4to continuing education including the number of hours necessary
5for license renewal, waivers for those unable to meet such
6requirements and acceptable course content. Such
7recommendations shall not impose an undue burden on the
8Department or an unreasonable restriction on those seeking
9license renewal.
10    The 2 licensed prescribing psychologist members of the
11Board and the 2 physician members of the Board shall only
12deliberate and make recommendations related to the licensure
13and discipline of prescribing psychologists. Four members
14shall constitute a quorum, except that all deliberations and
15recommendations related to the licensure and discipline of
16prescribing psychologists shall require a quorum of 6 members.
17A quorum is required for all Board decisions.
18    Members of the Board shall have no liability in any action
19based upon any disciplinary proceeding or other activity
20performed in good faith as a member of the Board.
21    The Secretary may terminate the appointment of any member
22for cause which in the opinion of the Secretary reasonably
23justifies such termination.
24(Source: P.A. 96-1050, eff. 1-1-11.)
 
25    (225 ILCS 15/15)  (from Ch. 111, par. 5365)

 

 

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1    (Section scheduled to be repealed on January 1, 2017)
2    Sec. 15. Disciplinary action; grounds. The Department may
3refuse to issue, refuse to renew, suspend, or revoke any
4license, or may place on probation, censure, reprimand, or take
5other disciplinary action deemed appropriate by the
6Department, including the imposition of fines not to exceed
7$10,000 for each violation, with regard to any license issued
8under the provisions of this Act for any one or a combination
9of the following reasons:
10        (1) Conviction of, or entry of a plea of guilty or nolo
11    contendere to, any crime that is a felony under the laws of
12    the United States or any state or territory thereof or that
13    is a misdemeanor of which an essential element is
14    dishonesty, or any crime that is directly related to the
15    practice of the profession.
16        (2) Gross negligence in the rendering of clinical
17    psychological services.
18        (3) Using fraud or making any misrepresentation in
19    applying for a license or in passing the examination
20    provided for in this Act.
21        (4) Aiding or abetting or conspiring to aid or abet a
22    person, not a clinical psychologist licensed under this
23    Act, in representing himself or herself as so licensed or
24    in applying for a license under this Act.
25        (5) Violation of any provision of this Act or the rules
26    promulgated thereunder.

 

 

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1        (6) Professional connection or association with any
2    person, firm, association, partnership or corporation
3    holding himself, herself, themselves, or itself out in any
4    manner contrary to this Act.
5        (7) Unethical, unauthorized or unprofessional conduct
6    as defined by rule. In establishing those rules, the
7    Department shall consider, though is not bound by, the
8    ethical standards for psychologists promulgated by
9    recognized national psychology associations.
10        (8) Aiding or assisting another person in violating any
11    provisions of this Act or the rules promulgated thereunder.
12        (9) Failing to provide, within 60 days, information in
13    response to a written request made by the Department.
14        (10) Habitual or excessive use or addiction to alcohol,
15    narcotics, stimulants, or any other chemical agent or drug
16    that results in a clinical psychologist's inability to
17    practice with reasonable judgment, skill or safety.
18        (11) Discipline by another state, territory, the
19    District of Columbia or foreign country, if at least one of
20    the grounds for the discipline is the same or substantially
21    equivalent to those set forth herein.
22        (12) Directly or indirectly giving or receiving from
23    any person, firm, corporation, association or partnership
24    any fee, commission, rebate, or other form of compensation
25    for any professional service not actually or personally
26    rendered. Nothing in this paragraph (12) affects any bona

 

 

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1    fide independent contractor or employment arrangements
2    among health care professionals, health facilities, health
3    care providers, or other entities, except as otherwise
4    prohibited by law. Any employment arrangements may include
5    provisions for compensation, health insurance, pension, or
6    other employment benefits for the provision of services
7    within the scope of the licensee's practice under this Act.
8    Nothing in this paragraph (12) shall be construed to
9    require an employment arrangement to receive professional
10    fees for services rendered.
11        (13) A finding by the Board that the licensee, after
12    having his or her license placed on probationary status has
13    violated the terms of probation.
14        (14) Willfully making or filing false records or
15    reports, including but not limited to, false records or
16    reports filed with State agencies or departments.
17        (15) Physical illness, including but not limited to,
18    deterioration through the aging process, mental illness or
19    disability that results in the inability to practice the
20    profession with reasonable judgment, skill and safety.
21        (16) Willfully failing to report an instance of
22    suspected child abuse or neglect as required by the Abused
23    and Neglected Child Reporting Act.
24        (17) Being named as a perpetrator in an indicated
25    report by the Department of Children and Family Services
26    pursuant to the Abused and Neglected Child Reporting Act,

 

 

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1    and upon proof by clear and convincing evidence that the
2    licensee has caused a child to be an abused child or
3    neglected child as defined in the Abused and Neglected
4    Child Reporting Act.
5        (18) Violation of the Health Care Worker Self-Referral
6    Act.
7        (19) Making a material misstatement in furnishing
8    information to the Department, any other State or federal
9    agency, or any other entity.
10        (20) Failing to report to the Department any adverse
11    judgment, settlement, or award arising from a liability
12    claim related to an act or conduct similar to an act or
13    conduct that would constitute grounds for action as set
14    forth in this Section.
15        (21) Failing to report to the Department any adverse
16    final action taken against a licensee or applicant by
17    another licensing jurisdiction, including any other state
18    or territory of the United States or any foreign state or
19    country, or any peer review body, health care institution,
20    professional society or association related to the
21    profession, governmental agency, law enforcement agency,
22    or court for an act or conduct similar to an act or conduct
23    that would constitute grounds for disciplinary action as
24    set forth in this Section.
25        (22) Prescribing, selling, administering,
26    distributing, giving, or self-administering (A) any drug

 

 

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1    classified as a controlled substance (designated product)
2    for other than medically accepted therapeutic purposes or
3    (B) any narcotic drug.
4        (23) Violating state or federal laws or regulations
5    relating to controlled substances, legend drugs, or
6    ephedra as defined in the Ephedra Prohibition Act.
7        (24) Exceeding the terms of a collaborative agreement
8    or the prescriptive authority delegated to a licensee by
9    his or her collaborating physician or established under a
10    written collaborative agreement.
11    The entry of an order by any circuit court establishing
12that any person holding a license under this Act is subject to
13involuntary admission or judicial admission as provided for in
14the Mental Health and Developmental Disabilities Code,
15operates as an automatic suspension of that license. That
16person may have his or her license restored only upon the
17determination by a circuit court that the patient is no longer
18subject to involuntary admission or judicial admission and the
19issuance of an order so finding and discharging the patient and
20upon the Board's recommendation to the Department that the
21license be restored. Where the circumstances so indicate, the
22Board may recommend to the Department that it require an
23examination prior to restoring any license so automatically
24suspended.
25    The Department may refuse to issue or may suspend the
26license of any person who fails to file a return, or to pay the

 

 

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1tax, penalty or interest shown in a filed return, or to pay any
2final assessment of the tax penalty or interest, as required by
3any tax Act administered by the Illinois Department of Revenue,
4until such time as the requirements of any such tax Act are
5satisfied.
6    In enforcing this Section, the Board upon a showing of a
7possible violation may compel any person licensed to practice
8under this Act, or who has applied for licensure or
9certification pursuant to this Act, to submit to a mental or
10physical examination, or both, as required by and at the
11expense of the Department. The examining physicians or clinical
12psychologists shall be those specifically designated by the
13Board. The Board or the Department may order the examining
14physician or clinical psychologist to present testimony
15concerning this mental or physical examination of the licensee
16or applicant. No information shall be excluded by reason of any
17common law or statutory privilege relating to communications
18between the licensee or applicant and the examining physician
19or clinical psychologist. The person to be examined may have,
20at his or her own expense, another physician or clinical
21psychologist of his or her choice present during all aspects of
22the examination. Failure of any person to submit to a mental or
23physical examination, when directed, shall be grounds for
24suspension of a license until the person submits to the
25examination if the Board finds, after notice and hearing, that
26the refusal to submit to the examination was without reasonable

 

 

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

 

 

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1    A person licensed under this Act and affected under this
2Section shall be afforded an opportunity to demonstrate to the
3Board that he or she can resume practice in compliance with
4acceptable and prevailing standards under the provisions of his
5or her license.
6(Source: P.A. 96-1482, eff. 11-29-10.)
 
7    Section 10. The Medical Practice Act of 1987 is amended by
8changing Sections 22 and 54.5 as follows:
 
9    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
10    (Section scheduled to be repealed on December 31, 2014)
11    Sec. 22. Disciplinary action.
12    (A) The Department may revoke, suspend, place on probation,
13reprimand, refuse to issue or renew, or take any other
14disciplinary or non-disciplinary action as the Department may
15deem proper with regard to the license or permit of any person
16issued under this Act to practice medicine, or a chiropractic
17physician, including imposing fines not to exceed $10,000 for
18each violation, upon any of the following grounds:
19        (1) Performance of an elective abortion in any place,
20    locale, facility, or institution other than:
21            (a) a facility licensed pursuant to the Ambulatory
22        Surgical Treatment Center Act;
23            (b) an institution licensed under the Hospital
24        Licensing Act;

 

 

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1            (c) an ambulatory surgical treatment center or
2        hospitalization or care facility maintained by the
3        State or any agency thereof, where such department or
4        agency has authority under law to establish and enforce
5        standards for the ambulatory surgical treatment
6        centers, hospitalization, or care facilities under its
7        management and control;
8            (d) ambulatory surgical treatment centers,
9        hospitalization or care facilities maintained by the
10        Federal Government; or
11            (e) ambulatory surgical treatment centers,
12        hospitalization or care facilities maintained by any
13        university or college established under the laws of
14        this State and supported principally by public funds
15        raised by taxation.
16        (2) Performance of an abortion procedure in a wilful
17    and wanton manner on a woman who was not pregnant at the
18    time the abortion procedure was performed.
19        (3) A plea of guilty or nolo contendere, finding of
20    guilt, jury verdict, or entry of judgment or sentencing,
21    including, but not limited to, convictions, preceding
22    sentences of supervision, conditional discharge, or first
23    offender probation, under the laws of any jurisdiction of
24    the United States of any crime that is a felony.
25        (4) Gross negligence in practice under this Act.
26        (5) Engaging in dishonorable, unethical or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud or harm the public.
3        (6) Obtaining any fee by fraud, deceit, or
4    misrepresentation.
5        (7) Habitual or excessive use or abuse of drugs defined
6    in law as controlled substances, of alcohol, or of any
7    other substances which results in the inability to practice
8    with reasonable judgment, skill or safety.
9        (8) Practicing under a false or, except as provided by
10    law, an assumed name.
11        (9) Fraud or misrepresentation in applying for, or
12    procuring, a license under this Act or in connection with
13    applying for renewal of a license under this Act.
14        (10) Making a false or misleading statement regarding
15    their skill or the efficacy or value of the medicine,
16    treatment, or remedy prescribed by them at their direction
17    in the treatment of any disease or other condition of the
18    body or mind.
19        (11) Allowing another person or organization to use
20    their license, procured under this Act, to practice.
21        (12) Disciplinary action of another state or
22    jurisdiction against a license or other authorization to
23    practice as a medical doctor, doctor of osteopathy, doctor
24    of osteopathic medicine or doctor of chiropractic, a
25    certified copy of the record of the action taken by the
26    other state or jurisdiction being prima facie evidence

 

 

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1    thereof.
2        (13) Violation of any provision of this Act or of the
3    Medical Practice Act prior to the repeal of that Act, or
4    violation of the rules, or a final administrative action of
5    the Secretary, after consideration of the recommendation
6    of the Disciplinary Board.
7        (14) Violation of the prohibition against fee
8    splitting in Section 22.2 of this Act.
9        (15) A finding by the Disciplinary Board that the
10    registrant after having his or her license placed on
11    probationary status or subjected to conditions or
12    restrictions violated the terms of the probation or failed
13    to comply with such terms or conditions.
14        (16) Abandonment of a patient.
15        (17) Prescribing, selling, administering,
16    distributing, giving or self-administering any drug
17    classified as a controlled substance (designated product)
18    or narcotic for other than medically accepted therapeutic
19    purposes.
20        (18) Promotion of the sale of drugs, devices,
21    appliances or goods provided for a patient in such manner
22    as to exploit the patient for financial gain of the
23    physician.
24        (19) Offering, undertaking or agreeing to cure or treat
25    disease by a secret method, procedure, treatment or
26    medicine, or the treating, operating or prescribing for any

 

 

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1    human condition by a method, means or procedure which the
2    licensee refuses to divulge upon demand of the Department.
3        (20) Immoral conduct in the commission of any act
4    including, but not limited to, commission of an act of
5    sexual misconduct related to the licensee's practice.
6        (21) Wilfully making or filing false records or reports
7    in his or her practice as a physician, including, but not
8    limited to, false records to support claims against the
9    medical assistance program of the Department of Healthcare
10    and Family Services (formerly Department of Public Aid)
11    under the Illinois Public Aid Code.
12        (22) Wilful omission to file or record, or wilfully
13    impeding the filing or recording, or inducing another
14    person to omit to file or record, medical reports as
15    required by law, or wilfully failing to report an instance
16    of suspected abuse or neglect as required by law.
17        (23) Being named as a perpetrator in an indicated
18    report by the Department of Children and Family Services
19    under the Abused and Neglected Child Reporting Act, and
20    upon proof by clear and convincing evidence that the
21    licensee has caused a child to be an abused child or
22    neglected child as defined in the Abused and Neglected
23    Child Reporting Act.
24        (24) Solicitation of professional patronage by any
25    corporation, agents or persons, or profiting from those
26    representing themselves to be agents of the licensee.

 

 

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1        (25) Gross and wilful and continued overcharging for
2    professional services, including filing false statements
3    for collection of fees for which services are not rendered,
4    including, but not limited to, filing such false statements
5    for collection of monies for services not rendered from the
6    medical assistance program of the Department of Healthcare
7    and Family Services (formerly Department of Public Aid)
8    under the Illinois Public Aid Code.
9        (26) A pattern of practice or other behavior which
10    demonstrates incapacity or incompetence to practice under
11    this Act.
12        (27) Mental illness or disability which results in the
13    inability to practice under this Act with reasonable
14    judgment, skill or safety.
15        (28) Physical illness, including, but not limited to,
16    deterioration through the aging process, or loss of motor
17    skill which results in a physician's inability to practice
18    under this Act with reasonable judgment, skill or safety.
19        (29) Cheating on or attempt to subvert the licensing
20    examinations administered under this Act.
21        (30) Wilfully or negligently violating the
22    confidentiality between physician and patient except as
23    required by law.
24        (31) The use of any false, fraudulent, or deceptive
25    statement in any document connected with practice under
26    this Act.

 

 

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1        (32) Aiding and abetting an individual not licensed
2    under this Act in the practice of a profession licensed
3    under this Act.
4        (33) Violating state or federal laws or regulations
5    relating to controlled substances, legend drugs, or
6    ephedra as defined in the Ephedra Prohibition Act.
7        (34) Failure to report to the Department any adverse
8    final action taken against them by another licensing
9    jurisdiction (any other state or any territory of the
10    United States or any foreign state or country), by any peer
11    review body, by any health care institution, by any
12    professional society or association related to practice
13    under this Act, by any governmental agency, by any law
14    enforcement agency, or by any court for acts or conduct
15    similar to acts or conduct which would constitute grounds
16    for action as defined in this Section.
17        (35) Failure to report to the Department surrender of a
18    license or authorization to practice as a medical doctor, a
19    doctor of osteopathy, a doctor of osteopathic medicine, or
20    doctor of chiropractic in another state or jurisdiction, or
21    surrender of membership on any medical staff or in any
22    medical or professional association or society, while
23    under disciplinary investigation by any of those
24    authorities or bodies, for acts or conduct similar to acts
25    or conduct which would constitute grounds for action as
26    defined in this Section.

 

 

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1        (36) Failure to report to the Department any adverse
2    judgment, settlement, or award arising from a liability
3    claim related to acts or conduct similar to acts or conduct
4    which would constitute grounds for action as defined in
5    this Section.
6        (37) Failure to provide copies of medical records as
7    required by law.
8        (38) Failure to furnish the Department, its
9    investigators or representatives, relevant information,
10    legally requested by the Department after consultation
11    with the Chief Medical Coordinator or the Deputy Medical
12    Coordinator.
13        (39) Violating the Health Care Worker Self-Referral
14    Act.
15        (40) Willful failure to provide notice when notice is
16    required under the Parental Notice of Abortion Act of 1995.
17        (41) Failure to establish and maintain records of
18    patient care and treatment as required by this law.
19        (42) Entering into an excessive number of written
20    collaborative agreements with licensed advanced practice
21    nurses resulting in an inability to adequately
22    collaborate.
23        (43) Repeated failure to adequately collaborate with a
24    licensed advanced practice nurse.
25        (44) Violating the Compassionate Use of Medical
26    Cannabis Pilot Program Act.

 

 

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1        (45) Entering into an excessive number of written
2    collaborative agreements with licensed prescribing
3    psychologists resulting in an inability to adequately
4    collaborate.
5        (46) Repeated failure to adequately collaborate with a
6    licensed prescribing psychologist.
7    Except for actions involving the ground numbered (26), all
8proceedings to suspend, revoke, place on probationary status,
9or take any other disciplinary action as the Department may
10deem proper, with regard to a license on any of the foregoing
11grounds, must be commenced within 5 years next after receipt by
12the Department of a complaint alleging the commission of or
13notice of the conviction order for any of the acts described
14herein. Except for the grounds numbered (8), (9), (26), and
15(29), no action shall be commenced more than 10 years after the
16date of the incident or act alleged to have violated this
17Section. For actions involving the ground numbered (26), a
18pattern of practice or other behavior includes all incidents
19alleged to be part of the pattern of practice or other behavior
20that occurred, or a report pursuant to Section 23 of this Act
21received, within the 10-year period preceding the filing of the
22complaint. 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 2 years 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 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 Disciplinary Board or the
19Licensing Board, upon a showing of a possible violation, may
20compel, in the case of the Disciplinary Board, any individual
21who is licensed to practice under this Act or holds a permit to
22practice under this Act, or, in the case of the Licensing
23Board, any individual who has applied for licensure or a permit
24pursuant to this Act, to submit to a mental or physical
25examination and evaluation, or both, which may include a
26substance abuse or sexual offender evaluation, as required by

 

 

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1the Licensing Board or Disciplinary Board and at the expense of
2the Department. The Disciplinary Board or Licensing Board shall
3specifically designate the examining physician licensed to
4practice medicine in all of its branches or, if applicable, the
5multidisciplinary team involved in providing the mental or
6physical examination and evaluation, or both. The
7multidisciplinary team shall be led by a physician licensed to
8practice medicine in all of its branches and may consist of one
9or more or a combination of physicians licensed to practice
10medicine in all of its branches, licensed chiropractic
11physicians, licensed clinical psychologists, licensed clinical
12social workers, licensed clinical professional counselors, and
13other professional and administrative staff. Any examining
14physician or member of the multidisciplinary team may require
15any person ordered to submit to an examination and evaluation
16pursuant to this Section to submit to any additional
17supplemental testing deemed necessary to complete any
18examination or evaluation process, including, but not limited
19to, blood testing, urinalysis, psychological testing, or
20neuropsychological testing. The Disciplinary Board, the
21Licensing Board, or the Department may order the examining
22physician or any member of the multidisciplinary team to
23provide to the Department, the Disciplinary Board, or the
24Licensing Board any and all records, including business
25records, that relate to the examination and evaluation,
26including any supplemental testing performed. The Disciplinary

 

 

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1Board, the Licensing Board, or the Department may order the
2examining physician or any member of the multidisciplinary team
3to present testimony concerning this examination and
4evaluation of the licensee, permit holder, or applicant,
5including testimony concerning any supplemental testing or
6documents relating to the examination and evaluation. No
7information, report, record, or other documents in any way
8related to the examination and evaluation shall be excluded by
9reason of any common law or statutory privilege relating to
10communication between the licensee or applicant and the
11examining physician or any member of the multidisciplinary
12team. No authorization is necessary from the licensee, permit
13holder, or applicant ordered to undergo an evaluation and
14examination for the examining physician or any member of the
15multidisciplinary team to provide information, reports,
16records, or other documents or to provide any testimony
17regarding the examination and evaluation. The individual to be
18examined may have, at his or her own expense, another physician
19of his or her choice present during all aspects of the
20examination. Failure of any individual to submit to mental or
21physical examination and evaluation, or both, when directed,
22shall result in an automatic suspension, without hearing, until
23such time as the individual submits to the examination. If the
24Disciplinary Board finds a physician unable to practice because
25of the reasons set forth in this Section, the Disciplinary
26Board shall require such physician to submit to care,

 

 

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1counseling, or treatment by physicians approved or designated
2by the Disciplinary Board, as a condition for continued,
3reinstated, or renewed licensure to practice. Any physician,
4whose license was granted pursuant to Sections 9, 17, or 19 of
5this Act, or, continued, reinstated, renewed, disciplined or
6supervised, subject to such terms, conditions or restrictions
7who shall fail to comply with such terms, conditions or
8restrictions, or to complete a required program of care,
9counseling, or treatment, as determined by the Chief Medical
10Coordinator or Deputy Medical Coordinators, shall be referred
11to the Secretary for a determination as to whether the licensee
12shall have their license suspended immediately, pending a
13hearing by the Disciplinary Board. In instances in which the
14Secretary immediately suspends a license under this Section, a
15hearing upon such person's license must be convened by the
16Disciplinary Board within 15 days after such suspension and
17completed without appreciable delay. The Disciplinary Board
18shall have the authority to review the subject physician's
19record of treatment and counseling regarding the impairment, to
20the extent permitted by applicable federal statutes and
21regulations safeguarding the confidentiality of medical
22records.
23    An individual licensed under this Act, affected under this
24Section, shall be afforded an opportunity to demonstrate to the
25Disciplinary Board that they can resume practice in compliance
26with acceptable and prevailing standards under the provisions

 

 

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1of their license.
2    The Department may promulgate rules for the imposition of
3fines in disciplinary cases, not to exceed $10,000 for each
4violation of this Act. Fines may be imposed in conjunction with
5other forms of disciplinary action, but shall not be the
6exclusive disposition of any disciplinary action arising out of
7conduct resulting in death or injury to a patient. Any funds
8collected from such fines shall be deposited in the Medical
9Disciplinary Fund.
10    All fines imposed under this Section shall be paid within
1160 days after the effective date of the order imposing the fine
12or in accordance with the terms set forth in the order imposing
13the fine.
14    (B) The Department shall revoke the license or permit
15issued under this Act to practice medicine or a chiropractic
16physician who has been convicted a second time of committing
17any felony under the Illinois Controlled Substances Act or the
18Methamphetamine Control and Community Protection Act, or who
19has been convicted a second time of committing a Class 1 felony
20under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
21person whose license or permit is revoked under this subsection
22B shall be prohibited from practicing medicine or treating
23human ailments without the use of drugs and without operative
24surgery.
25    (C) The Disciplinary Board shall recommend to the
26Department civil penalties and any other appropriate

 

 

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1discipline in disciplinary cases when the Board finds that a
2physician willfully performed an abortion with actual
3knowledge that the person upon whom the abortion has been
4performed is a minor or an incompetent person without notice as
5required under the Parental Notice of Abortion Act of 1995.
6Upon the Board's recommendation, the Department shall impose,
7for the first violation, a civil penalty of $1,000 and for a
8second or subsequent violation, a civil penalty of $5,000.
9(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13.)
 
10    (225 ILCS 60/54.5)
11    (Section scheduled to be repealed on December 31, 2014)
12    Sec. 54.5. Physician delegation of authority to physician
13assistants, and advanced practice nurses, and prescribing
14psychologists.
15    (a) Physicians licensed to practice medicine in all its
16branches may delegate care and treatment responsibilities to a
17physician assistant under guidelines in accordance with the
18requirements of the Physician Assistant Practice Act of 1987. A
19physician licensed to practice medicine in all its branches may
20enter into supervising physician agreements with no more than 5
21physician assistants as set forth in subsection (a) of Section
227 of the Physician Assistant Practice Act of 1987.
23    (b) A physician licensed to practice medicine in all its
24branches in active clinical practice may collaborate with an
25advanced practice nurse in accordance with the requirements of

 

 

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1the Nurse Practice Act. Collaboration is for the purpose of
2providing medical consultation, and no employment relationship
3is required. A written collaborative agreement shall conform to
4the requirements of Section 65-35 of the Nurse Practice Act.
5The written collaborative agreement shall be for services the
6collaborating physician generally provides or may provide in
7his or her clinical medical practice. A written collaborative
8agreement shall be adequate with respect to collaboration with
9advanced practice nurses if all of the following apply:
10        (1) The agreement is written to promote the exercise of
11    professional judgment by the advanced practice nurse
12    commensurate with his or her education and experience. The
13    agreement need not describe the exact steps that an
14    advanced practice nurse must take with respect to each
15    specific condition, disease, or symptom, but must specify
16    those procedures that require a physician's presence as the
17    procedures are being performed.
18        (2) Practice guidelines and orders are developed and
19    approved jointly by the advanced practice nurse and
20    collaborating physician, as needed, based on the practice
21    of the practitioners. Such guidelines and orders and the
22    patient services provided thereunder are periodically
23    reviewed by the collaborating physician.
24        (3) The advance practice nurse provides services the
25    collaborating physician generally provides or may provide
26    in his or her clinical medical practice, except as set

 

 

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1    forth in subsection (b-5) of this Section. With respect to
2    labor and delivery, the collaborating physician must
3    provide delivery services in order to participate with a
4    certified nurse midwife.
5        (4) The collaborating physician and advanced practice
6    nurse consult at least once a month to provide
7    collaboration and consultation.
8        (5) Methods of communication are available with the
9    collaborating physician in person or through
10    telecommunications for consultation, collaboration, and
11    referral as needed to address patient care needs.
12        (6) The agreement contains provisions detailing notice
13    for termination or change of status involving a written
14    collaborative agreement, except when such notice is given
15    for just cause.
16    (b-5) An anesthesiologist or physician licensed to
17practice medicine in all its branches may collaborate with a
18certified registered nurse anesthetist in accordance with
19Section 65-35 of the Nurse Practice Act for the provision of
20anesthesia services. With respect to the provision of
21anesthesia services, the collaborating anesthesiologist or
22physician shall have training and experience in the delivery of
23anesthesia services consistent with Department rules.
24Collaboration shall be adequate if:
25        (1) an anesthesiologist or a physician participates in
26    the joint formulation and joint approval of orders or

 

 

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1    guidelines and periodically reviews such orders and the
2    services provided patients under such orders; and
3        (2) for anesthesia services, the anesthesiologist or
4    physician participates through discussion of and agreement
5    with the anesthesia plan and is physically present and
6    available on the premises during the delivery of anesthesia
7    services for diagnosis, consultation, and treatment of
8    emergency medical conditions. Anesthesia services in a
9    hospital shall be conducted in accordance with Section 10.7
10    of the Hospital Licensing Act and in an ambulatory surgical
11    treatment center in accordance with Section 6.5 of the
12    Ambulatory Surgical Treatment Center Act.
13    (b-10) The anesthesiologist or operating physician must
14agree with the anesthesia plan prior to the delivery of
15services.
16    (c) The supervising physician shall have access to the
17medical records of all patients attended by a physician
18assistant. The collaborating physician shall have access to the
19medical records of all patients attended to by an advanced
20practice nurse.
21    (d) (Blank).
22    (e) A physician shall not be liable for the acts or
23omissions of a prescribing psychologist, physician assistant,
24or advanced practice nurse solely on the basis of having signed
25a supervision agreement or guidelines or a collaborative
26agreement, an order, a standing medical order, a standing

 

 

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1delegation order, or other order or guideline authorizing a
2prescribing psychologist, physician assistant, or advanced
3practice nurse to perform acts, unless the physician has reason
4to believe the prescribing psychologist, physician assistant,
5or advanced practice nurse lacked the competency to perform the
6act or acts or commits willful and wanton misconduct.
7    (f) A collaborating physician may, but is not required to,
8delegate prescriptive authority to an advanced practice nurse
9as part of a written collaborative agreement, and the
10delegation of prescriptive authority shall conform to the
11requirements of Section 65-40 of the Nurse Practice Act.
12    (g) A supervising physician may, but is not required to,
13delegate prescriptive authority to a physician assistant as
14part of a written supervision agreement, and the delegation of
15prescriptive authority shall conform to the requirements of
16Section 7.5 of the Physician Assistant Practice Act of 1987.
17    (h) For the purposes of this Section, "generally provides
18or may provide in his or her clinical medical practice" means
19categories of care or treatment, not specific tasks or duties,
20that the physician provides individually or through delegation
21to other persons so that the physician has the experience and
22ability to provide collaboration and consultation. This
23definition shall not be construed to prohibit an advanced
24practice nurse from providing primary health treatment or care
25within the scope of his or her training and experience,
26including, but not limited to, health screenings, patient

 

 

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1histories, physical examinations, women's health examinations,
2or school physicals that may be provided as part of the routine
3practice of an advanced practice nurse or on a volunteer basis.
4    (i) A collaborating physician shall delegate prescriptive
5authority to a prescribing psychologist as part of a written
6collaborative agreement, and the delegation of prescriptive
7authority shall conform to the requirements of Section 4.3 of
8the Clinical Psychologist Licensing Act.
9(Source: P.A. 97-358, eff. 8-12-11; 97-1071, eff. 8-24-12;
1098-192, eff. 1-1-14.)
 
11    Section 15. The Illinois Controlled Substances Act is
12amended by changing Sections 102 and 303.05 as follows:
 
13    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
14    Sec. 102. Definitions. As used in this Act, unless the
15context otherwise requires:
16    (a) "Addict" means any person who habitually uses any drug,
17chemical, substance or dangerous drug other than alcohol so as
18to endanger the public morals, health, safety or welfare or who
19is so far addicted to the use of a dangerous drug or controlled
20substance other than alcohol as to have lost the power of self
21control with reference to his or her addiction.
22    (b) "Administer" means the direct application of a
23controlled substance, whether by injection, inhalation,
24ingestion, or any other means, to the body of a patient,

 

 

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1research subject, or animal (as defined by the Humane
2Euthanasia in Animal Shelters Act) by:
3        (1) a practitioner (or, in his or her presence, by his
4    or her authorized agent),
5        (2) the patient or research subject pursuant to an
6    order, or
7        (3) a euthanasia technician as defined by the Humane
8    Euthanasia in Animal Shelters Act.
9    (c) "Agent" means an authorized person who acts on behalf
10of or at the direction of a manufacturer, distributor,
11dispenser, prescriber, or practitioner. It does not include a
12common or contract carrier, public warehouseman or employee of
13the carrier or warehouseman.
14    (c-1) "Anabolic Steroids" means any drug or hormonal
15substance, chemically and pharmacologically related to
16testosterone (other than estrogens, progestins,
17corticosteroids, and dehydroepiandrosterone), and includes:
18    (i) 3[beta],17-dihydroxy-5a-androstane, 
19    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
20    (iii) 5[alpha]-androstan-3,17-dione, 
21    (iv) 1-androstenediol (3[beta], 
22        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
23    (v) 1-androstenediol (3[alpha], 
24        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
25    (vi) 4-androstenediol  
26        (3[beta],17[beta]-dihydroxy-androst-4-ene), 

 

 

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1    (vii) 5-androstenediol  
2        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
3    (viii) 1-androstenedione  
4        ([5alpha]-androst-1-en-3,17-dione), 
5    (ix) 4-androstenedione  
6        (androst-4-en-3,17-dione), 
7    (x) 5-androstenedione  
8        (androst-5-en-3,17-dione), 
9    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
10        hydroxyandrost-4-en-3-one), 
11    (xii) boldenone (17[beta]-hydroxyandrost- 
12        1,4,-diene-3-one), 
13    (xiii) boldione (androsta-1,4- 
14        diene-3,17-dione), 
15    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
16        [beta]-hydroxyandrost-4-en-3-one), 
17    (xv) clostebol (4-chloro-17[beta]- 
18        hydroxyandrost-4-en-3-one), 
19    (xvi) dehydrochloromethyltestosterone (4-chloro- 
20        17[beta]-hydroxy-17[alpha]-methyl- 
21        androst-1,4-dien-3-one), 
22    (xvii) desoxymethyltestosterone 
23    (17[alpha]-methyl-5[alpha] 
24        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
25    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
26        '1-testosterone') (17[beta]-hydroxy- 

 

 

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1        5[alpha]-androst-1-en-3-one), 
2    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
3        androstan-3-one), 
4    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
5        5[alpha]-androstan-3-one), 
6    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
7        hydroxyestr-4-ene), 
8    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
9        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
10    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
11        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
12    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
13        hydroxyandrostano[2,3-c]-furazan), 
14    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
15    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
16        androst-4-en-3-one), 
17    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
18        dihydroxy-estr-4-en-3-one), 
19    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
20        hydroxy-5-androstan-3-one), 
21    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
22        [5a]-androstan-3-one), 
23    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
24        hydroxyandrost-1,4-dien-3-one), 
25    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
26        dihydroxyandrost-5-ene), 

 

 

SB2187 Enrolled- 46 -LRB098 10555 MGM 40800 b

1    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
2        5[alpha]-androst-1-en-3-one), 
3    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
4        dihydroxy-5a-androstane), 
5    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
6        -5a-androstane), 
7    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
8        dihydroxyandrost-4-ene), 
9    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
10        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
11    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
12        hydroxyestra-4,9(10)-dien-3-one), 
13    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
14        hydroxyestra-4,9-11-trien-3-one), 
15    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
16        hydroxyandrost-4-en-3-one), 
17    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
18        hydroxyestr-4-en-3-one), 
19    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
20        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
21        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
22        1-testosterone'), 
23    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
24    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
25        dihydroxyestr-4-ene), 
26    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 

 

 

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1        dihydroxyestr-4-ene), 
2    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
3        dihydroxyestr-5-ene), 
4    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
5        dihydroxyestr-5-ene), 
6    (xlvii) 19-nor-4,9(10)-androstadienedione  
7        (estra-4,9(10)-diene-3,17-dione), 
8    (xlviii) 19-nor-4-androstenedione (estr-4- 
9        en-3,17-dione), 
10    (xlix) 19-nor-5-androstenedione (estr-5- 
11        en-3,17-dione), 
12    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
13        hydroxygon-4-en-3-one), 
14    (li) norclostebol (4-chloro-17[beta]- 
15        hydroxyestr-4-en-3-one), 
16    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
17        hydroxyestr-4-en-3-one), 
18    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
19        hydroxyestr-4-en-3-one), 
20    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
21        2-oxa-5[alpha]-androstan-3-one), 
22    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
23        dihydroxyandrost-4-en-3-one), 
24    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
25        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
26    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 

 

 

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1        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
2    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
3        (5[alpha]-androst-1-en-3-one), 
4    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
5        secoandrosta-1,4-dien-17-oic 
6        acid lactone), 
7    (lx) testosterone (17[beta]-hydroxyandrost- 
8        4-en-3-one), 
9    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
10        diethyl-17[beta]-hydroxygon- 
11        4,9,11-trien-3-one), 
12    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
13        11-trien-3-one). 
14    Any person who is otherwise lawfully in possession of an
15anabolic steroid, or who otherwise lawfully manufactures,
16distributes, dispenses, delivers, or possesses with intent to
17deliver an anabolic steroid, which anabolic steroid is
18expressly intended for and lawfully allowed to be administered
19through implants to livestock or other nonhuman species, and
20which is approved by the Secretary of Health and Human Services
21for such administration, and which the person intends to
22administer or have administered through such implants, shall
23not be considered to be in unauthorized possession or to
24unlawfully manufacture, distribute, dispense, deliver, or
25possess with intent to deliver such anabolic steroid for
26purposes of this Act.

 

 

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1    (d) "Administration" means the Drug Enforcement
2Administration, United States Department of Justice, or its
3successor agency.
4    (d-5) "Clinical Director, Prescription Monitoring Program"
5means a Department of Human Services administrative employee
6licensed to either prescribe or dispense controlled substances
7who shall run the clinical aspects of the Department of Human
8Services Prescription Monitoring Program and its Prescription
9Information Library.
10    (d-10) "Compounding" means the preparation and mixing of
11components, excluding flavorings, (1) as the result of a
12prescriber's prescription drug order or initiative based on the
13prescriber-patient-pharmacist relationship in the course of
14professional practice or (2) for the purpose of, or incident
15to, research, teaching, or chemical analysis and not for sale
16or dispensing. "Compounding" includes the preparation of drugs
17or devices in anticipation of receiving prescription drug
18orders based on routine, regularly observed dispensing
19patterns. Commercially available products may be compounded
20for dispensing to individual patients only if both of the
21following conditions are met: (i) the commercial product is not
22reasonably available from normal distribution channels in a
23timely manner to meet the patient's needs and (ii) the
24prescribing practitioner has requested that the drug be
25compounded.
26    (e) "Control" means to add a drug or other substance, or

 

 

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1immediate precursor, to a Schedule whether by transfer from
2another Schedule or otherwise.
3    (f) "Controlled Substance" means (i) a drug, substance, or
4immediate precursor in the Schedules of Article II of this Act
5or (ii) a drug or other substance, or immediate precursor,
6designated as a controlled substance by the Department through
7administrative rule. The term does not include distilled
8spirits, wine, malt beverages, or tobacco, as those terms are
9defined or used in the Liquor Control Act of 1934 and the
10Tobacco Products Tax Act of 1995.
11    (f-5) "Controlled substance analog" means a substance:
12        (1) the chemical structure of which is substantially
13    similar to the chemical structure of a controlled substance
14    in Schedule I or II;
15        (2) which has a stimulant, depressant, or
16    hallucinogenic effect on the central nervous system that is
17    substantially similar to or greater than the stimulant,
18    depressant, or hallucinogenic effect on the central
19    nervous system of a controlled substance in Schedule I or
20    II; or
21        (3) with respect to a particular person, which such
22    person represents or intends to have a stimulant,
23    depressant, or hallucinogenic effect on the central
24    nervous system that is substantially similar to or greater
25    than the stimulant, depressant, or hallucinogenic effect
26    on the central nervous system of a controlled substance in

 

 

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1    Schedule I or II.
2    (g) "Counterfeit substance" means a controlled substance,
3which, or the container or labeling of which, without
4authorization bears the trademark, trade name, or other
5identifying mark, imprint, number or device, or any likeness
6thereof, of a manufacturer, distributor, or dispenser other
7than the person who in fact manufactured, distributed, or
8dispensed the substance.
9    (h) "Deliver" or "delivery" means the actual, constructive
10or attempted transfer of possession of a controlled substance,
11with or without consideration, whether or not there is an
12agency relationship.
13    (i) "Department" means the Illinois Department of Human
14Services (as successor to the Department of Alcoholism and
15Substance Abuse) or its successor agency.
16    (j) (Blank).
17    (k) "Department of Corrections" means the Department of
18Corrections of the State of Illinois or its successor agency.
19    (l) "Department of Financial and Professional Regulation"
20means the Department of Financial and Professional Regulation
21of the State of Illinois or its successor agency.
22    (m) "Depressant" means any drug that (i) causes an overall
23depression of central nervous system functions, (ii) causes
24impaired consciousness and awareness, and (iii) can be
25habit-forming or lead to a substance abuse problem, including
26but not limited to alcohol, cannabis and its active principles

 

 

SB2187 Enrolled- 52 -LRB098 10555 MGM 40800 b

1and their analogs, benzodiazepines and their analogs,
2barbiturates and their analogs, opioids (natural and
3synthetic) and their analogs, and chloral hydrate and similar
4sedative hypnotics.
5    (n) (Blank).
6    (o) "Director" means the Director of the Illinois State
7Police or his or her designated agents.
8    (p) "Dispense" means to deliver a controlled substance to
9an ultimate user or research subject by or pursuant to the
10lawful order of a prescriber, including the prescribing,
11administering, packaging, labeling, or compounding necessary
12to prepare the substance for that delivery.
13    (q) "Dispenser" means a practitioner who dispenses.
14    (r) "Distribute" means to deliver, other than by
15administering or dispensing, a controlled substance.
16    (s) "Distributor" means a person who distributes.
17    (t) "Drug" means (1) substances recognized as drugs in the
18official United States Pharmacopoeia, Official Homeopathic
19Pharmacopoeia of the United States, or official National
20Formulary, or any supplement to any of them; (2) substances
21intended for use in diagnosis, cure, mitigation, treatment, or
22prevention of disease in man or animals; (3) substances (other
23than food) intended to affect the structure of any function of
24the body of man or animals and (4) substances intended for use
25as a component of any article specified in clause (1), (2), or
26(3) of this subsection. It does not include devices or their

 

 

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1components, parts, or accessories.
2    (t-5) "Euthanasia agency" means an entity certified by the
3Department of Financial and Professional Regulation for the
4purpose of animal euthanasia that holds an animal control
5facility license or animal shelter license under the Animal
6Welfare Act. A euthanasia agency is authorized to purchase,
7store, possess, and utilize Schedule II nonnarcotic and
8Schedule III nonnarcotic drugs for the sole purpose of animal
9euthanasia.
10    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
11substances (nonnarcotic controlled substances) that are used
12by a euthanasia agency for the purpose of animal euthanasia.
13    (u) "Good faith" means the prescribing or dispensing of a
14controlled substance by a practitioner in the regular course of
15professional treatment to or for any person who is under his or
16her treatment for a pathology or condition other than that
17individual's physical or psychological dependence upon or
18addiction to a controlled substance, except as provided herein:
19and application of the term to a pharmacist shall mean the
20dispensing of a controlled substance pursuant to the
21prescriber's order which in the professional judgment of the
22pharmacist is lawful. The pharmacist shall be guided by
23accepted professional standards including, but not limited to
24the following, in making the judgment:
25        (1) lack of consistency of prescriber-patient
26    relationship,

 

 

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1        (2) frequency of prescriptions for same drug by one
2    prescriber for large numbers of patients,
3        (3) quantities beyond those normally prescribed,
4        (4) unusual dosages (recognizing that there may be
5    clinical circumstances where more or less than the usual
6    dose may be used legitimately),
7        (5) unusual geographic distances between patient,
8    pharmacist and prescriber,
9        (6) consistent prescribing of habit-forming drugs.
10    (u-0.5) "Hallucinogen" means a drug that causes markedly
11altered sensory perception leading to hallucinations of any
12type.
13    (u-1) "Home infusion services" means services provided by a
14pharmacy in compounding solutions for direct administration to
15a patient in a private residence, long-term care facility, or
16hospice setting by means of parenteral, intravenous,
17intramuscular, subcutaneous, or intraspinal infusion.
18    (u-5) "Illinois State Police" means the State Police of the
19State of Illinois, or its successor agency.
20    (v) "Immediate precursor" means a substance:
21        (1) which the Department has found to be and by rule
22    designated as being a principal compound used, or produced
23    primarily for use, in the manufacture of a controlled
24    substance;
25        (2) which is an immediate chemical intermediary used or
26    likely to be used in the manufacture of such controlled

 

 

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1    substance; and
2        (3) the control of which is necessary to prevent,
3    curtail or limit the manufacture of such controlled
4    substance.
5    (w) "Instructional activities" means the acts of teaching,
6educating or instructing by practitioners using controlled
7substances within educational facilities approved by the State
8Board of Education or its successor agency.
9    (x) "Local authorities" means a duly organized State,
10County or Municipal peace unit or police force.
11    (y) "Look-alike substance" means a substance, other than a
12controlled substance which (1) by overall dosage unit
13appearance, including shape, color, size, markings or lack
14thereof, taste, consistency, or any other identifying physical
15characteristic of the substance, would lead a reasonable person
16to believe that the substance is a controlled substance, or (2)
17is expressly or impliedly represented to be a controlled
18substance or is distributed under circumstances which would
19lead a reasonable person to believe that the substance is a
20controlled substance. For the purpose of determining whether
21the representations made or the circumstances of the
22distribution would lead a reasonable person to believe the
23substance to be a controlled substance under this clause (2) of
24subsection (y), the court or other authority may consider the
25following factors in addition to any other factor that may be
26relevant:

 

 

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1        (a) statements made by the owner or person in control
2    of the substance concerning its nature, use or effect;
3        (b) statements made to the buyer or recipient that the
4    substance may be resold for profit;
5        (c) whether the substance is packaged in a manner
6    normally used for the illegal distribution of controlled
7    substances;
8        (d) whether the distribution or attempted distribution
9    included an exchange of or demand for money or other
10    property as consideration, and whether the amount of the
11    consideration was substantially greater than the
12    reasonable retail market value of the substance.
13    Clause (1) of this subsection (y) shall not apply to a
14noncontrolled substance in its finished dosage form that was
15initially introduced into commerce prior to the initial
16introduction into commerce of a controlled substance in its
17finished dosage form which it may substantially resemble.
18    Nothing in this subsection (y) prohibits the dispensing or
19distributing of noncontrolled substances by persons authorized
20to dispense and distribute controlled substances under this
21Act, provided that such action would be deemed to be carried
22out in good faith under subsection (u) if the substances
23involved were controlled substances.
24    Nothing in this subsection (y) or in this Act prohibits the
25manufacture, preparation, propagation, compounding,
26processing, packaging, advertising or distribution of a drug or

 

 

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1drugs by any person registered pursuant to Section 510 of the
2Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
3    (y-1) "Mail-order pharmacy" means a pharmacy that is
4located in a state of the United States that delivers,
5dispenses or distributes, through the United States Postal
6Service or other common carrier, to Illinois residents, any
7substance which requires a prescription.
8    (z) "Manufacture" means the production, preparation,
9propagation, compounding, conversion or processing of a
10controlled substance other than methamphetamine, either
11directly or indirectly, by extraction from substances of
12natural origin, or independently by means of chemical
13synthesis, or by a combination of extraction and chemical
14synthesis, and includes any packaging or repackaging of the
15substance or labeling of its container, except that this term
16does not include:
17        (1) by an ultimate user, the preparation or compounding
18    of a controlled substance for his or her own use; or
19        (2) by a practitioner, or his or her authorized agent
20    under his or her supervision, the preparation,
21    compounding, packaging, or labeling of a controlled
22    substance:
23            (a) as an incident to his or her administering or
24        dispensing of a controlled substance in the course of
25        his or her professional practice; or
26            (b) as an incident to lawful research, teaching or

 

 

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1        chemical analysis and not for sale.
2    (z-1) (Blank).
3    (z-5) "Medication shopping" means the conduct prohibited
4under subsection (a) of Section 314.5 of this Act.
5    (z-10) "Mid-level practitioner" means (i) a physician
6assistant who has been delegated authority to prescribe through
7a written delegation of authority by a physician licensed to
8practice medicine in all of its branches, in accordance with
9Section 7.5 of the Physician Assistant Practice Act of 1987,
10(ii) an advanced practice nurse who has been delegated
11authority to prescribe through a written delegation of
12authority by a physician licensed to practice medicine in all
13of its branches or by a podiatric physician, in accordance with
14Section 65-40 of the Nurse Practice Act, or (iii) an animal
15euthanasia agency, or (iv) a prescribing psychologist.
16    (aa) "Narcotic drug" means any of the following, whether
17produced directly or indirectly by extraction from substances
18of vegetable origin, or independently by means of chemical
19synthesis, or by a combination of extraction and chemical
20synthesis:
21        (1) opium, opiates, derivatives of opium and opiates,
22    including their isomers, esters, ethers, salts, and salts
23    of isomers, esters, and ethers, whenever the existence of
24    such isomers, esters, ethers, and salts is possible within
25    the specific chemical designation; however the term
26    "narcotic drug" does not include the isoquinoline

 

 

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1    alkaloids of opium;
2        (2) (blank);
3        (3) opium poppy and poppy straw;
4        (4) coca leaves, except coca leaves and extracts of
5    coca leaves from which substantially all of the cocaine and
6    ecgonine, and their isomers, derivatives and salts, have
7    been removed;
8        (5) cocaine, its salts, optical and geometric isomers,
9    and salts of isomers;
10        (6) ecgonine, its derivatives, their salts, isomers,
11    and salts of isomers;
12        (7) any compound, mixture, or preparation which
13    contains any quantity of any of the substances referred to
14    in subparagraphs (1) through (6).
15    (bb) "Nurse" means a registered nurse licensed under the
16Nurse Practice Act.
17    (cc) (Blank).
18    (dd) "Opiate" means any substance having an addiction
19forming or addiction sustaining liability similar to morphine
20or being capable of conversion into a drug having addiction
21forming or addiction sustaining liability.
22    (ee) "Opium poppy" means the plant of the species Papaver
23somniferum L., except its seeds.
24    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
25solution or other liquid form of medication intended for
26administration by mouth, but the term does not include a form

 

 

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1of medication intended for buccal, sublingual, or transmucosal
2administration.
3    (ff) "Parole and Pardon Board" means the Parole and Pardon
4Board of the State of Illinois or its successor agency.
5    (gg) "Person" means any individual, corporation,
6mail-order pharmacy, government or governmental subdivision or
7agency, business trust, estate, trust, partnership or
8association, or any other entity.
9    (hh) "Pharmacist" means any person who holds a license or
10certificate of registration as a registered pharmacist, a local
11registered pharmacist or a registered assistant pharmacist
12under the Pharmacy Practice Act.
13    (ii) "Pharmacy" means any store, ship or other place in
14which pharmacy is authorized to be practiced under the Pharmacy
15Practice Act.
16    (ii-5) "Pharmacy shopping" means the conduct prohibited
17under subsection (b) of Section 314.5 of this Act.
18    (ii-10) "Physician" (except when the context otherwise
19requires) means a person licensed to practice medicine in all
20of its branches.
21    (jj) "Poppy straw" means all parts, except the seeds, of
22the opium poppy, after mowing.
23    (kk) "Practitioner" means a physician licensed to practice
24medicine in all its branches, dentist, optometrist, podiatric
25physician, veterinarian, scientific investigator, pharmacist,
26physician assistant, advanced practice nurse, licensed

 

 

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1practical nurse, registered nurse, hospital, laboratory, or
2pharmacy, or other person licensed, registered, or otherwise
3lawfully permitted by the United States or this State to
4distribute, dispense, conduct research with respect to,
5administer or use in teaching or chemical analysis, a
6controlled substance in the course of professional practice or
7research.
8    (ll) "Pre-printed prescription" means a written
9prescription upon which the designated drug has been indicated
10prior to the time of issuance; the term does not mean a written
11prescription that is individually generated by machine or
12computer in the prescriber's office.
13    (mm) "Prescriber" means a physician licensed to practice
14medicine in all its branches, dentist, optometrist,
15prescribing psychologist licensed under Section 4.2 of the
16Clinical Psychologist Licensing Act with prescriptive
17authority delegated under Section 4.3 of the Clinical
18Psychologist Licensing Act, podiatric physician, or
19veterinarian who issues a prescription, a physician assistant
20who issues a prescription for a controlled substance in
21accordance with Section 303.05, a written delegation, and a
22written supervision agreement required under Section 7.5 of the
23Physician Assistant Practice Act of 1987, or an advanced
24practice nurse with prescriptive authority delegated under
25Section 65-40 of the Nurse Practice Act and in accordance with
26Section 303.05, a written delegation, and a written

 

 

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1collaborative agreement under Section 65-35 of the Nurse
2Practice Act.
3    (nn) "Prescription" means a written, facsimile, or oral
4order, or an electronic order that complies with applicable
5federal requirements, of a physician licensed to practice
6medicine in all its branches, dentist, podiatric physician or
7veterinarian for any controlled substance, of an optometrist
8for a Schedule III, IV, or V controlled substance in accordance
9with Section 15.1 of the Illinois Optometric Practice Act of
101987, of a prescribing psychologist licensed under Section 4.2
11of the Clinical Psychologist Licensing Act with prescriptive
12authority delegated under Section 4.3 of the Clinical
13Psychologist Licensing Act, of a physician assistant for a
14controlled substance in accordance with Section 303.05, a
15written delegation, and a written supervision agreement
16required under Section 7.5 of the Physician Assistant Practice
17Act of 1987, or of an advanced practice nurse with prescriptive
18authority delegated under Section 65-40 of the Nurse Practice
19Act who issues a prescription for a controlled substance in
20accordance with Section 303.05, a written delegation, and a
21written collaborative agreement under Section 65-35 of the
22Nurse Practice Act when required by law.
23    (nn-5) "Prescription Information Library" (PIL) means an
24electronic library that contains reported controlled substance
25data.
26    (nn-10) "Prescription Monitoring Program" (PMP) means the

 

 

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1entity that collects, tracks, and stores reported data on
2controlled substances and select drugs pursuant to Section 316.
3    (oo) "Production" or "produce" means manufacture,
4planting, cultivating, growing, or harvesting of a controlled
5substance other than methamphetamine.
6    (pp) "Registrant" means every person who is required to
7register under Section 302 of this Act.
8    (qq) "Registry number" means the number assigned to each
9person authorized to handle controlled substances under the
10laws of the United States and of this State.
11    (qq-5) "Secretary" means, as the context requires, either
12the Secretary of the Department or the Secretary of the
13Department of Financial and Professional Regulation, and the
14Secretary's designated agents.
15    (rr) "State" includes the State of Illinois and any state,
16district, commonwealth, territory, insular possession thereof,
17and any area subject to the legal authority of the United
18States of America.
19    (rr-5) "Stimulant" means any drug that (i) causes an
20overall excitation of central nervous system functions, (ii)
21causes impaired consciousness and awareness, and (iii) can be
22habit-forming or lead to a substance abuse problem, including
23but not limited to amphetamines and their analogs,
24methylphenidate and its analogs, cocaine, and phencyclidine
25and its analogs.
26    (ss) "Ultimate user" means a person who lawfully possesses

 

 

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1a controlled substance for his or her own use or for the use of
2a member of his or her household or for administering to an
3animal owned by him or her or by a member of his or her
4household.
5(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; revised
611-12-13.)
 
7    (720 ILCS 570/303.05)
8    Sec. 303.05. Mid-level practitioner registration.
9    (a) The Department of Financial and Professional
10Regulation shall register licensed physician assistants, and
11licensed advanced practice nurses, and prescribing
12psychologists licensed under Section 4.2 of the Clinical
13Psychologist Licensing Act to prescribe and dispense
14controlled substances under Section 303 and euthanasia
15agencies to purchase, store, or administer animal euthanasia
16drugs under the following circumstances:
17        (1) with respect to physician assistants,
18            (A) the physician assistant has been delegated
19        written authority to prescribe any Schedule III
20        through V controlled substances by a physician
21        licensed to practice medicine in all its branches in
22        accordance with Section 7.5 of the Physician Assistant
23        Practice Act of 1987; and the physician assistant has
24        completed the appropriate application forms and has
25        paid the required fees as set by rule; or

 

 

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1            (B) the physician assistant has been delegated
2        authority by a supervising physician licensed to
3        practice medicine in all its branches to prescribe or
4        dispense Schedule II controlled substances through a
5        written delegation of authority and under the
6        following conditions:
7                (i) Specific Schedule II controlled substances
8            by oral dosage or topical or transdermal
9            application may be delegated, provided that the
10            delegated Schedule II controlled substances are
11            routinely prescribed by the supervising physician.
12            This delegation must identify the specific
13            Schedule II controlled substances by either brand
14            name or generic name. Schedule II controlled
15            substances to be delivered by injection or other
16            route of administration may not be delegated;
17                (ii) any delegation must be of controlled
18            substances prescribed by the supervising
19            physician;
20                (iii) all prescriptions must be limited to no
21            more than a 30-day supply, with any continuation
22            authorized only after prior approval of the
23            supervising physician;
24                (iv) the physician assistant must discuss the
25            condition of any patients for whom a controlled
26            substance is prescribed monthly with the

 

 

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1            delegating physician;
2                (v) the physician assistant must have
3            completed the appropriate application forms and
4            paid the required fees as set by rule;
5                (vi) the physician assistant must provide
6            evidence of satisfactory completion of 45 contact
7            hours in pharmacology from any physician assistant
8            program accredited by the Accreditation Review
9            Commission on Education for the Physician
10            Assistant (ARC-PA), or its predecessor agency, for
11            any new license issued with Schedule II authority
12            after the effective date of this amendatory Act of
13            the 97th General Assembly; and
14                (vii) the physician assistant must annually
15            complete at least 5 hours of continuing education
16            in pharmacology; .
17        (2) with respect to advanced practice nurses,
18            (A) the advanced practice nurse has been delegated
19        authority to prescribe any Schedule III through V
20        controlled substances by a collaborating physician
21        licensed to practice medicine in all its branches or a
22        collaborating podiatric physician in accordance with
23        Section 65-40 of the Nurse Practice Act. The advanced
24        practice nurse has completed the appropriate
25        application forms and has paid the required fees as set
26        by rule; or

 

 

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1            (B) the advanced practice nurse has been delegated
2        authority by a collaborating physician licensed to
3        practice medicine in all its branches or collaborating
4        podiatric physician to prescribe or dispense Schedule
5        II controlled substances through a written delegation
6        of authority and under the following conditions:
7                (i) specific Schedule II controlled substances
8            by oral dosage or topical or transdermal
9            application may be delegated, provided that the
10            delegated Schedule II controlled substances are
11            routinely prescribed by the collaborating
12            physician or podiatric physician. This delegation
13            must identify the specific Schedule II controlled
14            substances by either brand name or generic name.
15            Schedule II controlled substances to be delivered
16            by injection or other route of administration may
17            not be delegated;
18                (ii) any delegation must be of controlled
19            substances prescribed by the collaborating
20            physician or podiatric physician;
21                (iii) all prescriptions must be limited to no
22            more than a 30-day supply, with any continuation
23            authorized only after prior approval of the
24            collaborating physician or podiatric physician;
25                (iv) the advanced practice nurse must discuss
26            the condition of any patients for whom a controlled

 

 

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1            substance is prescribed monthly with the
2            delegating physician or podiatric physician or in
3            the course of review as required by Section 65-40
4            of the Nurse Practice Act;
5                (v) the advanced practice nurse must have
6            completed the appropriate application forms and
7            paid the required fees as set by rule;
8                (vi) the advanced practice nurse must provide
9            evidence of satisfactory completion of at least 45
10            graduate contact hours in pharmacology for any new
11            license issued with Schedule II authority after
12            the effective date of this amendatory Act of the
13            97th General Assembly; and
14                (vii) the advanced practice nurse must
15            annually complete 5 hours of continuing education
16            in pharmacology; or
17        (3) with respect to animal euthanasia agencies, the
18    euthanasia agency has obtained a license from the
19    Department of Financial and Professional Regulation and
20    obtained a registration number from the Department; or .
21        (4) with respect to prescribing psychologists, the
22    prescribing psychologist has been delegated authority to
23    prescribe any nonnarcotic Schedule III through V
24    controlled substances by a collaborating physician
25    licensed to practice medicine in all its branches in
26    accordance with Section 4.3 of the Clinical Psychologist

 

 

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1    Licensing Act, and the prescribing psychologist has
2    completed the appropriate application forms and has paid
3    the required fees as set by rule.
4    (b) The mid-level practitioner shall only be licensed to
5prescribe those schedules of controlled substances for which a
6licensed physician or licensed podiatric physician has
7delegated prescriptive authority, except that an animal
8euthanasia agency does not have any prescriptive authority. A
9physician assistant and an advanced practice nurse are
10prohibited from prescribing medications and controlled
11substances not set forth in the required written delegation of
12authority.
13    (c) Upon completion of all registration requirements,
14physician assistants, advanced practice nurses, and animal
15euthanasia agencies may be issued a mid-level practitioner
16controlled substances license for Illinois.
17    (d) A collaborating physician or podiatric physician may,
18but is not required to, delegate prescriptive authority to an
19advanced practice nurse as part of a written collaborative
20agreement, and the delegation of prescriptive authority shall
21conform to the requirements of Section 65-40 of the Nurse
22Practice Act.
23    (e) A supervising physician may, but is not required to,
24delegate prescriptive authority to a physician assistant as
25part of a written supervision agreement, and the delegation of
26prescriptive authority shall conform to the requirements of

 

 

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1Section 7.5 of the Physician Assistant Practice Act of 1987.
2    (f) Nothing in this Section shall be construed to prohibit
3generic substitution.
4(Source: P.A. 97-334, eff. 1-1-12; 97-358, eff. 8-12-11;
597-813, eff. 7-13-12; 98-214, eff. 8-9-13.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.