Full Text of SB2187 98th General Assembly
SB2187enr 98TH GENERAL ASSEMBLY |
| | SB2187 Enrolled | | LRB098 10555 MGM 40800 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Clinical Psychologist Licensing Act is | 5 | | amended by changing Sections 2, 7, and 15 and by adding | 6 | | Sections 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| 8 | | (Section scheduled to be repealed on January 1, 2017)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 |
| | | SB2187 Enrolled | - 2 - | LRB098 10555 MGM 40800 b |
|
| 1 | | psychology includes
psychoeducational evaluation, therapy, | 2 | | remediation and consultation, the
use of psychological and | 3 | | neuropsychological testing, assessment,
psychotherapy, | 4 | | psychoanalysis, hypnosis, biofeedback, and behavioral
| 5 | | modification when any of these are used for the purpose of | 6 | | preventing or
eliminating psychopathology, or for the | 7 | | amelioration of psychological
disorders of individuals or | 8 | | groups. "Clinical psychology" does not include
the use of | 9 | | hypnosis by unlicensed persons
pursuant to Section 3.
| 10 | | (6) A person represents himself to be a "clinical | 11 | | psychologist" 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 |
| | | SB2187 Enrolled | - 3 - | LRB098 10555 MGM 40800 b |
|
| 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 | 24 | | their particular
profession or business under any valid | 25 | | existing regulatory Act of the State.
| 26 | | (Source: P.A. 94-870, eff. 6-16-06.)
|
| | | SB2187 Enrolled | - 4 - | LRB098 10555 MGM 40800 b |
|
| 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 | 4 | | prescribing psychologist license. The application shall be | 5 | | made on a form approved by the Department, include the payment | 6 | | of any required fees, and be accompanied by evidence | 7 | | satisfactory 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: |
| | | SB2187 Enrolled | - 5 - | LRB098 10555 MGM 40800 b |
|
| 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. |
| | | SB2187 Enrolled | - 6 - | LRB098 10555 MGM 40800 b |
|
| 1 | | (b) The Department may issue a prescribing psychologist | 2 | | license if it finds that the applicant has met the requirements | 3 | | of subsection (a) of this Section. | 4 | | (c) A prescribing psychologist may only prescribe | 5 | | medication pursuant to the provisions of this Act if the | 6 | | prescribing 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 | 19 | | prescribing psychologists practicing under a prescribing | 20 | | psychologist license issued pursuant to Section 4.2 of this | 21 | | Act. | 22 | | (b) A written delegation of prescriptive authority by a | 23 | | collaborating physician may only include medications for the | 24 | | treatment of mental health disease or illness the collaborating | 25 | | physician generally provides to his or her patients in the |
| | | SB2187 Enrolled | - 7 - | LRB098 10555 MGM 40800 b |
|
| 1 | | normal course of his or her clinical practice with the | 2 | | exception 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 | 13 | | Department notice of delegation of prescriptive authority and | 14 | | termination of the delegation, in accordance with rules of the | 15 | | Department. Upon receipt of this notice delegating authority to | 16 | | prescribe any nonnarcotic Schedule III through V controlled | 17 | | substances, the licensed clinical psychologist shall be | 18 | | eligible to register for a mid-level practitioner controlled | 19 | | substance license under Section 303.05 of the Illinois | 20 | | Controlled Substances Act. | 21 | | (d) All of the following shall apply to delegation of | 22 | | prescriptive 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 |
| | | SB2187 Enrolled | - 8 - | LRB098 10555 MGM 40800 b |
|
| 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 | 6 | | a controlled substance without having valid and appropriate | 7 | | authority may be fined by the Department not more than $50 per | 8 | | prescription and the Department may take any other disciplinary | 9 | | action provided for in this Act. | 10 | | (e) The written collaborative agreement shall describe the | 11 | | working relationship of the prescribing psychologist with the | 12 | | collaborating physician and shall delegate prescriptive | 13 | | authority as provided in this Act. Collaboration does not | 14 | | require an employment relationship between the collaborating | 15 | | physician and prescribing psychologist. Absent an employment | 16 | | relationship, an agreement may not restrict third-party | 17 | | payment sources accepted by the prescribing psychologist. For | 18 | | the purposes of this Section, "collaboration" means the | 19 | | relationship between a prescribing psychologist and a | 20 | | collaborating physician with respect to the delivery of | 21 | | prescribing services in accordance with (1) the prescribing | 22 | | psychologist's training, education, and experience and (2) | 23 | | collaboration and consultation as documented in a jointly | 24 | | developed written collaborative agreement. | 25 | | (f) The agreement shall promote the exercise of | 26 | | professional judgment by the prescribing psychologist |
| | | SB2187 Enrolled | - 9 - | LRB098 10555 MGM 40800 b |
|
| 1 | | corresponding to his or her education and experience. | 2 | | (g) The collaborative agreement shall not be construed to | 3 | | require the personal presence of a physician at the place where | 4 | | services are rendered. Methods of communication shall be | 5 | | available for consultation with the collaborating physician in | 6 | | person or by telecommunications in accordance with established | 7 | | written guidelines as set forth in the written agreement. | 8 | | (h) Collaboration and consultation pursuant to all | 9 | | collaboration agreements shall be adequate if a collaborating | 10 | | physician 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 |
| | | SB2187 Enrolled | - 10 - | LRB098 10555 MGM 40800 b |
|
| 1 | | laboratory tests and other tests as available. | 2 | | (i) The written collaborative agreement shall contain | 3 | | provisions detailing notice for termination or change of status | 4 | | involving a written collaborative agreement, except when the | 5 | | notice is given for just cause. | 6 | | (j) A copy of the signed written collaborative agreement | 7 | | shall be available to the Department upon request to either the | 8 | | prescribing psychologist or the collaborating physician. | 9 | | (k) Nothing in this Section shall be construed to limit the | 10 | | authority of a prescribing psychologist to perform all duties | 11 | | authorized under this Act. | 12 | | (l) A prescribing psychologist shall inform each | 13 | | collaborating physician of all collaborative agreements he or | 14 | | she has signed and provide a copy of these to any collaborating | 15 | | physician. | 16 | | (m) No collaborating physician shall enter into more than 3 | 17 | | collaborative 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 | 21 | | prescribing psychologists in another state may apply for an | 22 | | Illinois prescribing psychologist license by endorsement from | 23 | | that state, or acceptance of that state's examination if they | 24 | | meet the requirements set forth in this Act and its rules, | 25 | | including proof of successful completion of the educational, |
| | | SB2187 Enrolled | - 11 - | LRB098 10555 MGM 40800 b |
|
| 1 | | testing, and experience standards. Applicants from other | 2 | | states may not be required to pass the examination required for | 3 | | licensure as a prescribing psychologist in Illinois if they | 4 | | meet requirements set forth in this Act and its rules, such as | 5 | | proof of education, testing, payment of any fees, and | 6 | | experience. | 7 | | (b) Individuals who graduated from the Department of | 8 | | Defense Psychopharmacology Demonstration Project may apply for | 9 | | an Illinois prescribing psychologist license by endorsement. | 10 | | Applicants from the Department of Defense Psychopharmacology | 11 | | Demonstration Project may not be required to pass the | 12 | | examination required for licensure as a prescribing | 13 | | psychologist in Illinois if they meet requirements set forth in | 14 | | this Act and its rules, such as proof of education, testing, | 15 | | payment of any fees, and experience. | 16 | | (c) Individuals applying for a prescribing psychologist | 17 | | license by endorsement shall be required to first obtain a | 18 | | clinical 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
| 22 | | shall serve in
an advisory capacity to the Secretary. | 23 | | The Board shall consist of 11 7 persons : , 4 of whom are
| 24 | | licensed clinical
psychologists , and actively engaged in the | 25 | | practice of clinical psychology ; 2 of whom are licensed |
| | | SB2187 Enrolled | - 12 - | LRB098 10555 MGM 40800 b |
|
| 1 | | prescribing psychologists; 2 of whom are physicians licensed to | 2 | | practice medicine in all its branches in Illinois who generally | 3 | | prescribe medications for the treatment of mental health | 4 | | disease or illness in the normal course of clinical medical | 5 | | practice, one of whom shall be a psychiatrist and the other a | 6 | | primary care or family physician; ,
2 of whom are licensed | 7 | | clinical psychologists and are full time faculty
members of | 8 | | accredited colleges or
universities who are engaged in training | 9 | | clinical psychologists ; , and one of
whom is a public member who | 10 | | is not a licensed health care provider. In
appointing members | 11 | | of the Board, the Secretary shall give due
consideration to the | 12 | | adequate representation of the various fields of
health care | 13 | | psychology such as clinical psychology, school psychology and
| 14 | | counseling psychology. In appointing members of the Board,
the | 15 | | Secretary
shall give due consideration to recommendations by | 16 | | members of the
profession of clinical psychology and by the | 17 | | State-wide organizations
representing the interests of | 18 | | clinical psychologists and organizations
representing the | 19 | | interests of academic programs as well as recommendations
by | 20 | | approved doctoral level psychology programs in the State of | 21 | | Illinois , and, with respect to the 2 physician members of the | 22 | | Board, the Secretary shall give due consideration to | 23 | | recommendations by the Statewide professional associations or | 24 | | societies representing physicians licensed to practice | 25 | | medicine in all its branches in Illinois .
The members shall be | 26 | | appointed for a term of 4 years. No member shall be
eligible to |
| | | SB2187 Enrolled | - 13 - | LRB098 10555 MGM 40800 b |
|
| 1 | | serve for more than 2 full terms. Any appointment to fill a
| 2 | | vacancy shall be for the unexpired portion of the term. A | 3 | | member appointed
to fill a vacancy for an unexpired term for a | 4 | | duration of 2 years or more may be reappointed for a maximum of | 5 | | one term and a member appointed to fill a vacancy for an | 6 | | unexpired term for a duration of less than 2 years may be | 7 | | reappointed for a maximum of 2 terms. The Secretary
may remove | 8 | | any member for cause at any time prior to
the expiration of his | 9 | | or her term. | 10 | | The 2 initial appointees to the Board who are licensed
| 11 | | prescribing psychologists may hold a medical or prescription
| 12 | | license issued by another state so long as the license is | 13 | | deemed by the Secretary to be substantially equivalent to a | 14 | | prescribing psychologist license under this Act and so long as | 15 | | the appointees also maintain an Illinois clinical psychologist | 16 | | license. Such initial appointees shall serve on the Board until | 17 | | the Department adopts rules necessary to implement licensure | 18 | | under Section 4.2 of this Act. | 19 | | The Board shall annually elect one of its members as
| 20 | | chairperson and vice chairperson. | 21 | | The members of the Board shall be reimbursed for all
| 22 | | authorized legitimate and
necessary expenses incurred in | 23 | | attending the meetings of the Board. | 24 | | The Secretary shall give due consideration to all | 25 | | recommendations of the
Board. In the event the Secretary | 26 | | disagrees with or takes
action
contrary to the recommendation |
| | | SB2187 Enrolled | - 14 - | LRB098 10555 MGM 40800 b |
|
| 1 | | of the Board, he or she
shall provide the
Board with a written | 2 | | and specific explanation of his or
her actions. | 3 | | The Board may make recommendations on all matters relating | 4 | | to continuing education including the number of hours necessary | 5 | | for license renewal, waivers for those unable to meet such | 6 | | requirements and acceptable course content. Such | 7 | | recommendations shall not impose an undue burden on the | 8 | | Department or an unreasonable restriction on those seeking | 9 | | license renewal. | 10 | | The 2 licensed prescribing psychologist members of the | 11 | | Board and the 2 physician members of the Board shall only | 12 | | deliberate and make recommendations related to the licensure | 13 | | and discipline of prescribing psychologists. Four members | 14 | | shall constitute a
quorum , except that all deliberations and | 15 | | recommendations related to the licensure and discipline of | 16 | | prescribing psychologists shall require a quorum of 6 members . | 17 | | A quorum is required for all Board decisions. | 18 | | Members of the Board shall have no liability in any action | 19 | | based upon any
disciplinary proceeding or other activity | 20 | | performed in good faith as a member
of the Board. | 21 | | The Secretary may terminate the appointment of any member | 22 | | for cause which
in the opinion of the Secretary
reasonably | 23 | | justifies such termination. | 24 | | (Source: P.A. 96-1050, eff. 1-1-11.)
| 25 | | (225 ILCS 15/15) (from Ch. 111, par. 5365)
|
| | | SB2187 Enrolled | - 15 - | LRB098 10555 MGM 40800 b |
|
| 1 | | (Section scheduled to be repealed on January 1, 2017)
| 2 | | Sec. 15. Disciplinary action; grounds. The Department may | 3 | | refuse to
issue, refuse to renew, suspend,
or revoke any | 4 | | license, or may place on probation, censure, reprimand, or
take | 5 | | other disciplinary action deemed appropriate by the | 6 | | Department,
including the imposition of fines not to exceed | 7 | | $10,000 for each violation,
with regard to any license issued | 8 | | under the provisions of this Act for any
one or a combination | 9 | | of 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.
|
| | | SB2187 Enrolled | - 16 - | LRB098 10555 MGM 40800 b |
|
| 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 |
| | | SB2187 Enrolled | - 17 - | LRB098 10555 MGM 40800 b |
|
| 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, |
| | | SB2187 Enrolled | - 18 - | LRB098 10555 MGM 40800 b |
|
| 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 |
| | | SB2187 Enrolled | - 19 - | LRB098 10555 MGM 40800 b |
|
| 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 | 12 | | that any person
holding a license under this Act is subject to | 13 | | involuntary admission or
judicial admission as provided for in | 14 | | the Mental Health and Developmental
Disabilities Code, | 15 | | operates as an automatic suspension of that license. That
| 16 | | person may have his or her license restored only upon the | 17 | | determination by
a circuit
court that the patient is no longer | 18 | | subject to involuntary admission or
judicial admission and the | 19 | | issuance of an order so finding and discharging the
patient and | 20 | | upon the Board's recommendation to the
Department that the
| 21 | | license be restored. Where the circumstances so indicate, the | 22 | | Board may
recommend to the Department that it require an | 23 | | examination prior to restoring
any license so automatically | 24 | | suspended.
| 25 | | The Department may refuse to issue or may suspend the | 26 | | license of any person
who fails to file a return, or to pay the |
| | | SB2187 Enrolled | - 20 - | LRB098 10555 MGM 40800 b |
|
| 1 | | tax, penalty or interest shown in
a filed return, or to pay any | 2 | | final assessment of the tax penalty or
interest, as required by | 3 | | any tax Act administered by the Illinois
Department of Revenue, | 4 | | until such time as the requirements of any such tax
Act are | 5 | | satisfied.
| 6 | | In enforcing this Section, the Board upon a showing of a | 7 | | possible
violation may compel any person licensed to practice | 8 | | under this Act, or
who has applied for licensure or | 9 | | certification pursuant to this Act, to submit
to a mental or | 10 | | physical examination, or both, as required by and at the | 11 | | expense
of the Department. The examining physicians or clinical | 12 | | psychologists
shall be those specifically designated by the | 13 | | Board.
The Board or the Department may order the examining | 14 | | physician or clinical
psychologist to present testimony | 15 | | concerning this mental or physical
examination
of the licensee | 16 | | or applicant. No information shall be excluded by reason of
any | 17 | | common law or statutory privilege relating to communications | 18 | | between the
licensee or applicant and the examining physician | 19 | | or clinical psychologist.
The person to be examined may have, | 20 | | at his or her own expense, another
physician or clinical | 21 | | psychologist of his or her choice present during all
aspects of | 22 | | the examination. Failure of any person to submit to a mental or
| 23 | | physical examination, when directed, shall be grounds for | 24 | | suspension of a
license until the person submits to the | 25 | | examination if the Board finds,
after notice and hearing, that | 26 | | the refusal to submit to the examination was
without reasonable |
| | | SB2187 Enrolled | - 21 - | LRB098 10555 MGM 40800 b |
|
| 1 | | cause.
| 2 | | If the Board finds a person unable to practice because of | 3 | | the reasons
set forth in this Section, the Board may require | 4 | | that person to submit to
care, counseling or treatment by | 5 | | physicians or clinical psychologists approved
or designated by | 6 | | the Board, as a condition, term, or restriction for continued,
| 7 | | reinstated, or
renewed licensure to practice; or, in lieu of | 8 | | care, counseling or treatment,
the
Board may recommend to the | 9 | | Department to file a complaint to immediately
suspend, revoke | 10 | | or otherwise discipline the license of the person.
Any person | 11 | | whose
license was granted, continued, reinstated, renewed, | 12 | | disciplined or supervised
subject to such terms, conditions or | 13 | | restrictions, and who fails to comply with
such terms, | 14 | | conditions or restrictions, shall be referred to the Secretary | 15 | | for a
determination as to whether the person shall have his or | 16 | | her license
suspended immediately, pending a hearing by the | 17 | | Board.
| 18 | | In instances in which the Secretary immediately suspends a | 19 | | person's license
under this Section, a hearing on that person's | 20 | | license must be convened by
the Board within 15 days after the | 21 | | suspension and completed without appreciable
delay.
The Board | 22 | | shall have the authority to review the subject person's record | 23 | | of
treatment and counseling regarding the impairment, to the | 24 | | extent permitted by
applicable federal statutes and | 25 | | regulations safeguarding the confidentiality of
medical | 26 | | records.
|
| | | SB2187 Enrolled | - 22 - | LRB098 10555 MGM 40800 b |
|
| 1 | | A person licensed under this Act and affected under this | 2 | | Section shall
be
afforded an opportunity to demonstrate to the | 3 | | Board that he or she can resume
practice in compliance with | 4 | | acceptable and prevailing standards under the
provisions of his | 5 | | or her license.
| 6 | | (Source: P.A. 96-1482, eff. 11-29-10.)
| 7 | | Section 10. The Medical Practice Act of 1987 is amended by | 8 | | changing 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, | 13 | | reprimand, refuse to issue or renew, or take any other | 14 | | disciplinary or non-disciplinary action as the Department may | 15 | | deem proper
with regard to the license or permit of any person | 16 | | issued
under this Act to practice medicine, or a chiropractic | 17 | | physician, including imposing fines not to exceed $10,000 for | 18 | | each 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;
|
| | | SB2187 Enrolled | - 23 - | LRB098 10555 MGM 40800 b |
|
| 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 |
| | | SB2187 Enrolled | - 24 - | LRB098 10555 MGM 40800 b |
|
| 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 |
| | | SB2187 Enrolled | - 25 - | LRB098 10555 MGM 40800 b |
|
| 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 |
| | | SB2187 Enrolled | - 26 - | LRB098 10555 MGM 40800 b |
|
| 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.
|
| | | SB2187 Enrolled | - 27 - | LRB098 10555 MGM 40800 b |
|
| 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.
|
| | | SB2187 Enrolled | - 28 - | LRB098 10555 MGM 40800 b |
|
| 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.
|
| | | SB2187 Enrolled | - 29 - | LRB098 10555 MGM 40800 b |
|
| 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.
|
| | | SB2187 Enrolled | - 30 - | LRB098 10555 MGM 40800 b |
|
| 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 | 8 | | proceedings to suspend,
revoke, place on probationary status, | 9 | | or take any
other disciplinary action as the Department may | 10 | | deem proper, with regard to a
license on any of the foregoing | 11 | | grounds, must be commenced within 5 years next
after receipt by | 12 | | the Department of a complaint alleging the commission of or
| 13 | | notice of the conviction order for any of the acts described | 14 | | herein. Except
for the grounds numbered (8), (9), (26), and | 15 | | (29), no action shall be commenced more
than 10 years after the | 16 | | date of the incident or act alleged to have violated
this | 17 | | Section. For actions involving the ground numbered (26), a | 18 | | pattern of practice or other behavior includes all incidents | 19 | | alleged to be part of the pattern of practice or other behavior | 20 | | that occurred, or a report pursuant to Section 23 of this Act | 21 | | received, within the 10-year period preceding the filing of the | 22 | | complaint. In the event of the settlement of any claim or cause | 23 | | of action
in favor of the claimant or the reduction to final | 24 | | judgment of any civil action
in favor of the plaintiff, such | 25 | | claim, cause of action or civil action being
grounded on the | 26 | | allegation that a person licensed under this Act was negligent
|
| | | SB2187 Enrolled | - 31 - | LRB098 10555 MGM 40800 b |
|
| 1 | | in providing care, the Department shall have an additional | 2 | | period of 2 years
from the date of notification to the | 3 | | Department under Section 23 of this Act
of such settlement or | 4 | | final judgment in which to investigate and
commence formal | 5 | | disciplinary proceedings under Section 36 of this Act, except
| 6 | | as otherwise provided by law. The time during which the holder | 7 | | of the license
was outside the State of Illinois shall not be | 8 | | included within any period of
time limiting the commencement of | 9 | | disciplinary action by the Department.
| 10 | | The entry of an order or judgment by any circuit court | 11 | | establishing that any
person holding a license under this Act | 12 | | is a person in need of mental treatment
operates as a | 13 | | suspension of that license. That person may resume their
| 14 | | practice only upon the entry of a Departmental order based upon | 15 | | a finding by
the Disciplinary Board that they have been | 16 | | determined to be recovered
from mental illness by the court and | 17 | | upon the Disciplinary Board's
recommendation that they be | 18 | | permitted to resume their practice.
| 19 | | The Department may refuse to issue or take disciplinary | 20 | | action concerning the license of any person
who fails to file a | 21 | | return, or to pay the tax, penalty or interest shown in a
filed | 22 | | return, or to pay any final assessment of tax, penalty or | 23 | | interest, as
required by any tax Act administered by the | 24 | | Illinois Department of Revenue,
until such time as the | 25 | | requirements of any such tax Act are satisfied as
determined by | 26 | | the Illinois Department of Revenue.
|
| | | SB2187 Enrolled | - 32 - | LRB098 10555 MGM 40800 b |
|
| 1 | | The Department, upon the recommendation of the | 2 | | Disciplinary Board, shall
adopt rules which set forth standards | 3 | | to 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 | 16 | | any civil action
except for review of a licensing or other | 17 | | disciplinary action under this Act.
| 18 | | In enforcing this Section, the Disciplinary Board or the | 19 | | Licensing Board,
upon a showing of a possible violation, may | 20 | | compel, in the case of the Disciplinary Board, any individual | 21 | | who is licensed to
practice under this Act or holds a permit to | 22 | | practice under this Act, or, in the case of the Licensing | 23 | | Board, any individual who has applied for licensure or a permit
| 24 | | pursuant to this Act, to submit to a mental or physical | 25 | | examination and evaluation, or both,
which may include a | 26 | | substance abuse or sexual offender evaluation, as required by |
| | | SB2187 Enrolled | - 33 - | LRB098 10555 MGM 40800 b |
|
| 1 | | the Licensing Board or Disciplinary Board and at the expense of | 2 | | the Department. The Disciplinary Board or Licensing Board shall | 3 | | specifically designate the examining physician licensed to | 4 | | practice medicine in all of its branches or, if applicable, the | 5 | | multidisciplinary team involved in providing the mental or | 6 | | physical examination and evaluation, or both. The | 7 | | multidisciplinary team shall be led by a physician licensed to | 8 | | practice medicine in all of its branches and may consist of one | 9 | | or more or a combination of physicians licensed to practice | 10 | | medicine in all of its branches, licensed chiropractic | 11 | | physicians, licensed clinical psychologists, licensed clinical | 12 | | social workers, licensed clinical professional counselors, and | 13 | | other professional and administrative staff. Any examining | 14 | | physician or member of the multidisciplinary team may require | 15 | | any person ordered to submit to an examination and evaluation | 16 | | pursuant to this Section to submit to any additional | 17 | | supplemental testing deemed necessary to complete any | 18 | | examination or evaluation process, including, but not limited | 19 | | to, blood testing, urinalysis, psychological testing, or | 20 | | neuropsychological testing.
The Disciplinary Board, the | 21 | | Licensing Board, or the Department may order the examining
| 22 | | physician or any member of the multidisciplinary team to | 23 | | provide to the Department, the Disciplinary Board, or the | 24 | | Licensing Board any and all records, including business | 25 | | records, that relate to the examination and evaluation, | 26 | | including any supplemental testing performed. The Disciplinary |
| | | SB2187 Enrolled | - 34 - | LRB098 10555 MGM 40800 b |
|
| 1 | | Board, the Licensing Board, or the Department may order the | 2 | | examining physician or any member of the multidisciplinary team | 3 | | to present testimony concerning this examination
and | 4 | | evaluation of the licensee, permit holder, or applicant, | 5 | | including testimony concerning any supplemental testing or | 6 | | documents relating to the examination and evaluation. No | 7 | | information, report, record, or other documents in any way | 8 | | related to the examination and evaluation shall be excluded by | 9 | | reason of
any common
law or statutory privilege relating to | 10 | | communication between the licensee or
applicant and
the | 11 | | examining physician or any member of the multidisciplinary | 12 | | team.
No authorization is necessary from the licensee, permit | 13 | | holder, or applicant ordered to undergo an evaluation and | 14 | | examination for the examining physician or any member of the | 15 | | multidisciplinary team to provide information, reports, | 16 | | records, or other documents or to provide any testimony | 17 | | regarding the examination and evaluation. The individual to be | 18 | | examined may have, at his or her own expense, another
physician | 19 | | of his or her choice present during all aspects of the | 20 | | examination.
Failure of any individual to submit to mental or | 21 | | physical examination and evaluation, or both, when
directed, | 22 | | shall result in an automatic suspension, without hearing, until | 23 | | such time
as the individual submits to the examination. If the | 24 | | Disciplinary Board finds a physician unable
to practice because | 25 | | of the reasons set forth in this Section, the Disciplinary
| 26 | | Board shall require such physician to submit to care, |
| | | SB2187 Enrolled | - 35 - | LRB098 10555 MGM 40800 b |
|
| 1 | | counseling, or treatment
by physicians approved or designated | 2 | | by the Disciplinary Board, as a condition
for continued, | 3 | | reinstated, or renewed licensure to practice. Any physician,
| 4 | | whose license was granted pursuant to Sections 9, 17, or 19 of | 5 | | this Act, or,
continued, reinstated, renewed, disciplined or | 6 | | supervised, subject to such
terms, conditions or restrictions | 7 | | who shall fail to comply with such terms,
conditions or | 8 | | restrictions, or to complete a required program of care,
| 9 | | counseling, or treatment, as determined by the Chief Medical | 10 | | Coordinator or
Deputy Medical Coordinators, shall be referred | 11 | | to the Secretary for a
determination as to whether the licensee | 12 | | shall have their license suspended
immediately, pending a | 13 | | hearing by the Disciplinary Board. In instances in
which the | 14 | | Secretary immediately suspends a license under this Section, a | 15 | | hearing
upon such person's license must be convened by the | 16 | | Disciplinary Board within 15
days after such suspension and | 17 | | completed without appreciable delay. The
Disciplinary Board | 18 | | shall have the authority to review the subject physician's
| 19 | | record of treatment and counseling regarding the impairment, to | 20 | | the extent
permitted by applicable federal statutes and | 21 | | regulations safeguarding the
confidentiality of medical | 22 | | records.
| 23 | | An individual licensed under this Act, affected under this | 24 | | Section, shall be
afforded an opportunity to demonstrate to the | 25 | | Disciplinary Board that they can
resume practice in compliance | 26 | | with acceptable and prevailing standards under
the provisions |
| | | SB2187 Enrolled | - 36 - | LRB098 10555 MGM 40800 b |
|
| 1 | | of their license.
| 2 | | The Department may promulgate rules for the imposition of | 3 | | fines in
disciplinary cases, not to exceed
$10,000 for each | 4 | | violation of this Act. Fines
may be imposed in conjunction with | 5 | | other forms of disciplinary action, but
shall not be the | 6 | | exclusive disposition of any disciplinary action arising out
of | 7 | | conduct resulting in death or injury to a patient. Any funds | 8 | | collected from
such fines shall be deposited in the Medical | 9 | | Disciplinary Fund.
| 10 | | All fines imposed under this Section shall be paid within | 11 | | 60 days after the effective date of the order imposing the fine | 12 | | or in accordance with the terms set forth in the order imposing | 13 | | the fine. | 14 | | (B) The Department shall revoke the license or
permit | 15 | | issued under this Act to practice medicine or a chiropractic | 16 | | physician who
has been convicted a second time of committing | 17 | | any felony under the
Illinois Controlled Substances Act or the | 18 | | Methamphetamine Control and Community Protection Act, or who | 19 | | has been convicted a second time of
committing a Class 1 felony | 20 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | 21 | | person whose license or permit is revoked
under
this subsection | 22 | | B shall be prohibited from practicing
medicine or treating | 23 | | human ailments without the use of drugs and without
operative | 24 | | surgery.
| 25 | | (C) The Disciplinary Board shall recommend to the
| 26 | | Department civil
penalties and any other appropriate |
| | | SB2187 Enrolled | - 37 - | LRB098 10555 MGM 40800 b |
|
| 1 | | discipline in disciplinary cases when the
Board finds that a | 2 | | physician willfully performed an abortion with actual
| 3 | | knowledge that the person upon whom the abortion has been | 4 | | performed is a minor
or an incompetent person without notice as | 5 | | required under the Parental Notice
of Abortion Act of 1995. | 6 | | Upon the Board's recommendation, the Department shall
impose, | 7 | | for the first violation, a civil penalty of $1,000 and for a | 8 | | second 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 | 13 | | assistants , and advanced practice nurses , and prescribing | 14 | | psychologists .
| 15 | | (a) Physicians licensed to practice medicine in all its
| 16 | | branches may delegate care and treatment responsibilities to a
| 17 | | physician assistant under guidelines in accordance with the
| 18 | | requirements of the Physician Assistant Practice Act of
1987. A | 19 | | physician licensed to practice medicine in all its
branches may | 20 | | enter into supervising physician agreements with
no more than 5 | 21 | | physician assistants as set forth in subsection (a) of Section | 22 | | 7 of the Physician Assistant Practice Act of 1987.
| 23 | | (b) A physician licensed to practice medicine in all its
| 24 | | branches in active clinical practice may collaborate with an | 25 | | advanced practice
nurse in accordance with the requirements of |
| | | SB2187 Enrolled | - 38 - | LRB098 10555 MGM 40800 b |
|
| 1 | | the Nurse Practice Act. Collaboration
is for the purpose of | 2 | | providing medical consultation,
and no employment relationship | 3 | | is required. A
written collaborative agreement shall
conform to | 4 | | the requirements of Section 65-35 of the Nurse Practice Act. | 5 | | The written collaborative agreement shall
be for
services the | 6 | | collaborating physician generally provides or may provide in
| 7 | | his or her clinical medical practice.
A written collaborative | 8 | | agreement shall be adequate with respect to collaboration
with | 9 | | advanced 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 |
| | | SB2187 Enrolled | - 39 - | LRB098 10555 MGM 40800 b |
|
| 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 | 17 | | practice medicine in
all its branches may collaborate with a | 18 | | certified registered nurse anesthetist
in accordance with | 19 | | Section 65-35 of the Nurse Practice Act for the provision of | 20 | | anesthesia services. With respect to the provision of | 21 | | anesthesia services, the collaborating anesthesiologist or | 22 | | physician shall have training and experience in the delivery of | 23 | | anesthesia services consistent with Department rules. | 24 | | Collaboration shall be
adequate if:
| 25 | | (1) an anesthesiologist or a physician
participates in | 26 | | the joint formulation and joint approval of orders or
|
| | | SB2187 Enrolled | - 40 - | LRB098 10555 MGM 40800 b |
|
| 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 | 14 | | agree with the
anesthesia plan prior to the delivery of | 15 | | services.
| 16 | | (c) The supervising physician shall have access to the
| 17 | | medical records of all patients attended by a physician
| 18 | | assistant. The collaborating physician shall have access to
the | 19 | | medical records of all patients attended to by an
advanced | 20 | | practice nurse.
| 21 | | (d) (Blank).
| 22 | | (e) A physician shall not be liable for the acts or
| 23 | | omissions of a prescribing psychologist, physician assistant , | 24 | | or advanced practice
nurse solely on the basis of having signed | 25 | | a
supervision agreement or guidelines or a collaborative
| 26 | | agreement, an order, a standing medical order, a
standing |
| | | SB2187 Enrolled | - 41 - | LRB098 10555 MGM 40800 b |
|
| 1 | | delegation order, or other order or guideline
authorizing a | 2 | | prescribing psychologist, physician assistant , or advanced | 3 | | practice
nurse to perform acts, unless the physician has
reason | 4 | | to believe the prescribing psychologist, physician assistant , | 5 | | or advanced
practice nurse lacked the competency to perform
the | 6 | | act or acts or commits willful and wanton misconduct.
| 7 | | (f) A collaborating physician may, but is not required to, | 8 | | delegate prescriptive authority to an advanced practice nurse | 9 | | as part of a written collaborative agreement, and the | 10 | | delegation of prescriptive authority shall conform to the | 11 | | requirements of Section 65-40 of the Nurse Practice Act. | 12 | | (g) A supervising physician may, but is not required to, | 13 | | delegate prescriptive authority to a physician assistant as | 14 | | part of a written supervision agreement, and the delegation of | 15 | | prescriptive authority shall conform to the requirements of | 16 | | Section 7.5 of the Physician Assistant Practice Act of 1987. | 17 | | (h) For the purposes of this Section, "generally provides | 18 | | or may provide in his or her clinical medical practice" means | 19 | | categories of care or treatment, not specific tasks or duties, | 20 | | that the physician provides individually or through delegation | 21 | | to other persons so that the physician has the experience and | 22 | | ability to provide collaboration and consultation. This | 23 | | definition shall not be construed to prohibit an advanced | 24 | | practice nurse from providing primary health treatment or care | 25 | | within the scope of his or her training and experience, | 26 | | including, but not limited to, health screenings, patient |
| | | SB2187 Enrolled | - 42 - | LRB098 10555 MGM 40800 b |
|
| 1 | | histories, physical examinations, women's health examinations, | 2 | | or school physicals that may be provided as part of the routine | 3 | | practice of an advanced practice nurse or on a volunteer basis. | 4 | | (i) A collaborating physician shall delegate prescriptive | 5 | | authority to a prescribing psychologist as part of a written | 6 | | collaborative agreement, and the delegation of prescriptive | 7 | | authority shall conform to the requirements of Section 4.3 of | 8 | | the Clinical Psychologist Licensing Act. | 9 | | (Source: P.A. 97-358, eff. 8-12-11; 97-1071, eff. 8-24-12; | 10 | | 98-192, eff. 1-1-14 .)
| 11 | | Section 15. The Illinois Controlled Substances Act is | 12 | | amended 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 | 15 | | context
otherwise requires:
| 16 | | (a) "Addict" means any person who habitually uses any drug, | 17 | | chemical,
substance or dangerous drug other than alcohol so as | 18 | | to endanger the public
morals, health, safety or welfare or who | 19 | | is so far addicted to the use of a
dangerous drug or controlled | 20 | | substance other than alcohol as to have lost
the power of self | 21 | | control with reference to his or her addiction.
| 22 | | (b) "Administer" means the direct application of a | 23 | | controlled
substance, whether by injection, inhalation, | 24 | | ingestion, or any other
means, to the body of a patient, |
| | | SB2187 Enrolled | - 43 - | LRB098 10555 MGM 40800 b |
|
| 1 | | research subject, or animal (as
defined by the Humane | 2 | | Euthanasia 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 | 10 | | of or at
the direction of a manufacturer, distributor, | 11 | | dispenser, prescriber, or practitioner. It does not
include a | 12 | | common or contract carrier, public warehouseman or employee of
| 13 | | the carrier or warehouseman.
| 14 | | (c-1) "Anabolic Steroids" means any drug or hormonal | 15 | | substance,
chemically and pharmacologically related to | 16 | | testosterone (other than
estrogens, progestins, | 17 | | corticosteroids, 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), |
| | | SB2187 Enrolled | - 44 - | LRB098 10555 MGM 40800 b |
|
| 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- |
| | | SB2187 Enrolled | - 45 - | LRB098 10555 MGM 40800 b |
|
| 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]- |
| | | SB2187 Enrolled | - 47 - | LRB098 10555 MGM 40800 b |
|
| 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- |
| | | SB2187 Enrolled | - 48 - | LRB098 10555 MGM 40800 b |
|
| 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 | 15 | | anabolic
steroid, or who otherwise lawfully manufactures, | 16 | | distributes, dispenses,
delivers, or possesses with intent to | 17 | | deliver an anabolic steroid, which
anabolic steroid is | 18 | | expressly intended for and lawfully allowed to be
administered | 19 | | through implants to livestock or other nonhuman species, and
| 20 | | which is approved by the Secretary of Health and Human Services | 21 | | for such
administration, and which the person intends to | 22 | | administer or have
administered through such implants, shall | 23 | | not be considered to be in
unauthorized possession or to | 24 | | unlawfully manufacture, distribute, dispense,
deliver, or | 25 | | possess with intent to deliver such anabolic steroid for
| 26 | | purposes of this Act.
|
| | | SB2187 Enrolled | - 49 - | LRB098 10555 MGM 40800 b |
|
| 1 | | (d) "Administration" means the Drug Enforcement | 2 | | Administration,
United States Department of Justice, or its | 3 | | successor agency.
| 4 | | (d-5) "Clinical Director, Prescription Monitoring Program" | 5 | | means a Department of Human Services administrative employee | 6 | | licensed to either prescribe or dispense controlled substances | 7 | | who shall run the clinical aspects of the Department of Human | 8 | | Services Prescription Monitoring Program and its Prescription | 9 | | Information Library. | 10 | | (d-10) "Compounding" means the preparation and mixing of | 11 | | components, excluding flavorings, (1) as the result of a | 12 | | prescriber's prescription drug order or initiative based on the | 13 | | prescriber-patient-pharmacist relationship in the course of | 14 | | professional practice or (2) for the purpose of, or incident | 15 | | to, research, teaching, or chemical analysis and not for sale | 16 | | or dispensing. "Compounding" includes the preparation of drugs | 17 | | or devices in anticipation of receiving prescription drug | 18 | | orders based on routine, regularly observed dispensing | 19 | | patterns. Commercially available products may be compounded | 20 | | for dispensing to individual patients only if both of the | 21 | | following conditions are met: (i) the commercial product is not | 22 | | reasonably available from normal distribution channels in a | 23 | | timely manner to meet the patient's needs and (ii) the | 24 | | prescribing practitioner has requested that the drug be | 25 | | compounded. | 26 | | (e) "Control" means to add a drug or other substance, or |
| | | SB2187 Enrolled | - 50 - | LRB098 10555 MGM 40800 b |
|
| 1 | | immediate
precursor, to a Schedule whether by
transfer from | 2 | | another Schedule or otherwise.
| 3 | | (f) "Controlled Substance" means (i) a drug, substance, or | 4 | | immediate
precursor in the Schedules of Article II of this Act | 5 | | or (ii) a drug or other substance, or immediate precursor, | 6 | | designated as a controlled substance by the Department through | 7 | | administrative rule. The term does not include distilled | 8 | | spirits, wine, malt beverages, or tobacco, as those terms are
| 9 | | defined or used in the Liquor Control Act of 1934 and the | 10 | | Tobacco 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 |
| | | SB2187 Enrolled | - 51 - | LRB098 10555 MGM 40800 b |
|
| 1 | | Schedule I or II. | 2 | | (g) "Counterfeit substance" means a controlled substance, | 3 | | which, or
the container or labeling of which, without | 4 | | authorization bears the
trademark, trade name, or other | 5 | | identifying mark, imprint, number or
device, or any likeness | 6 | | thereof, of a manufacturer, distributor, or
dispenser other | 7 | | than the person who in fact manufactured, distributed,
or | 8 | | dispensed the substance.
| 9 | | (h) "Deliver" or "delivery" means the actual, constructive | 10 | | or
attempted transfer of possession of a controlled substance, | 11 | | with or
without consideration, whether or not there is an | 12 | | agency relationship.
| 13 | | (i) "Department" means the Illinois Department of Human | 14 | | Services (as
successor to the Department of Alcoholism and | 15 | | Substance Abuse) or its successor agency.
| 16 | | (j) (Blank).
| 17 | | (k) "Department of Corrections" means the Department of | 18 | | Corrections
of the State of Illinois or its successor agency.
| 19 | | (l) "Department of Financial and Professional Regulation" | 20 | | means the Department
of Financial and Professional Regulation | 21 | | of the State of Illinois or its successor agency.
| 22 | | (m) "Depressant" means any drug that (i) causes an overall | 23 | | depression of central nervous system functions, (ii) causes | 24 | | impaired consciousness and awareness, and (iii) can be | 25 | | habit-forming or lead to a substance abuse problem, including | 26 | | but not limited to alcohol, cannabis and its active principles |
| | | SB2187 Enrolled | - 52 - | LRB098 10555 MGM 40800 b |
|
| 1 | | and their analogs, benzodiazepines and their analogs, | 2 | | barbiturates and their analogs, opioids (natural and | 3 | | synthetic) and their analogs, and chloral hydrate and similar | 4 | | sedative hypnotics.
| 5 | | (n) (Blank).
| 6 | | (o) "Director" means the Director of the Illinois State | 7 | | Police or his or her designated agents.
| 8 | | (p) "Dispense" means to deliver a controlled substance to | 9 | | an
ultimate user or research subject by or pursuant to the | 10 | | lawful order of
a prescriber, including the prescribing, | 11 | | administering, packaging,
labeling, or compounding necessary | 12 | | to prepare the substance for that
delivery.
| 13 | | (q) "Dispenser" means a practitioner who dispenses.
| 14 | | (r) "Distribute" means to deliver, other than by | 15 | | administering or
dispensing, a controlled substance.
| 16 | | (s) "Distributor" means a person who distributes.
| 17 | | (t) "Drug" means (1) substances recognized as drugs in the | 18 | | official
United States Pharmacopoeia, Official Homeopathic | 19 | | Pharmacopoeia of the
United States, or official National | 20 | | Formulary, or any supplement to any
of them; (2) substances | 21 | | intended for use in diagnosis, cure, mitigation,
treatment, or | 22 | | prevention of disease in man or animals; (3) substances
(other | 23 | | than food) intended to affect the structure of any function of
| 24 | | the body of man or animals and (4) substances intended for use | 25 | | as a
component of any article specified in clause (1), (2), or | 26 | | (3) of this
subsection. It does not include devices or their |
| | | SB2187 Enrolled | - 53 - | LRB098 10555 MGM 40800 b |
|
| 1 | | components, parts, or
accessories.
| 2 | | (t-5) "Euthanasia agency" means
an entity certified by the | 3 | | Department of Financial and Professional Regulation for the
| 4 | | purpose of animal euthanasia that holds an animal control | 5 | | facility license or
animal
shelter license under the Animal | 6 | | Welfare Act. A euthanasia agency is
authorized to purchase, | 7 | | store, possess, and utilize Schedule II nonnarcotic and
| 8 | | Schedule III nonnarcotic drugs for the sole purpose of animal | 9 | | euthanasia.
| 10 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 11 | | substances
(nonnarcotic controlled substances) that are used | 12 | | by a euthanasia agency for
the purpose of animal euthanasia.
| 13 | | (u) "Good faith" means the prescribing or dispensing of a | 14 | | controlled
substance by a practitioner in the regular course of | 15 | | professional
treatment to or for any person who is under his or | 16 | | her treatment for a
pathology or condition other than that | 17 | | individual's physical or
psychological dependence upon or | 18 | | addiction to a controlled substance,
except as provided herein: | 19 | | and application of the term to a pharmacist
shall mean the | 20 | | dispensing of a controlled substance pursuant to the
| 21 | | prescriber's order which in the professional judgment of the | 22 | | pharmacist
is lawful. The pharmacist shall be guided by | 23 | | accepted professional
standards including, but not limited to | 24 | | the following, in making the
judgment:
| 25 | | (1) lack of consistency of prescriber-patient | 26 | | relationship,
|
| | | SB2187 Enrolled | - 54 - | LRB098 10555 MGM 40800 b |
|
| 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 | 11 | | altered sensory perception leading to hallucinations of any | 12 | | type. | 13 | | (u-1) "Home infusion services" means services provided by a | 14 | | pharmacy in
compounding solutions for direct administration to | 15 | | a patient in a private
residence, long-term care facility, or | 16 | | hospice setting by means of parenteral,
intravenous, | 17 | | intramuscular, subcutaneous, or intraspinal infusion.
| 18 | | (u-5) "Illinois State Police" means the State
Police of the | 19 | | State 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 |
| | | SB2187 Enrolled | - 55 - | LRB098 10555 MGM 40800 b |
|
| 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, | 6 | | educating
or instructing by practitioners using controlled | 7 | | substances within
educational facilities approved by the State | 8 | | Board of Education or
its successor agency.
| 9 | | (x) "Local authorities" means a duly organized State, | 10 | | County or
Municipal peace unit or police force.
| 11 | | (y) "Look-alike substance" means a substance, other than a | 12 | | controlled
substance which (1) by overall dosage unit | 13 | | appearance, including shape,
color, size, markings or lack | 14 | | thereof, taste, consistency, or any other
identifying physical | 15 | | characteristic of the substance, would lead a reasonable
person | 16 | | to believe that the substance is a controlled substance, or (2) | 17 | | is
expressly or impliedly represented to be a controlled | 18 | | substance or is
distributed under circumstances which would | 19 | | lead a reasonable person to
believe that the substance is a | 20 | | controlled substance. For the purpose of
determining whether | 21 | | the representations made or the circumstances of the
| 22 | | distribution would lead a reasonable person to believe the | 23 | | substance to be
a controlled substance under this clause (2) of | 24 | | subsection (y), the court or
other authority may consider the | 25 | | following factors in addition to any other
factor that may be | 26 | | relevant:
|
| | | SB2187 Enrolled | - 56 - | LRB098 10555 MGM 40800 b |
|
| 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 | 14 | | noncontrolled
substance in its finished dosage form that was | 15 | | initially introduced into
commerce prior to the initial | 16 | | introduction into commerce of a controlled
substance in its | 17 | | finished dosage form which it may substantially resemble.
| 18 | | Nothing in this subsection (y) prohibits the dispensing or | 19 | | distributing
of noncontrolled substances by persons authorized | 20 | | to dispense and
distribute controlled substances under this | 21 | | Act, provided that such action
would be deemed to be carried | 22 | | out in good faith under subsection (u) if the
substances | 23 | | involved were controlled substances.
| 24 | | Nothing in this subsection (y) or in this Act prohibits the | 25 | | manufacture,
preparation, propagation, compounding, | 26 | | processing, packaging, advertising
or distribution of a drug or |
| | | SB2187 Enrolled | - 57 - | LRB098 10555 MGM 40800 b |
|
| 1 | | drugs by any person registered pursuant to
Section 510 of the | 2 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 3 | | (y-1) "Mail-order pharmacy" means a pharmacy that is | 4 | | located in a state
of the United States that delivers, | 5 | | dispenses or
distributes, through the United States Postal | 6 | | Service or other common
carrier, to Illinois residents, any | 7 | | substance which requires a prescription.
| 8 | | (z) "Manufacture" means the production, preparation, | 9 | | propagation,
compounding, conversion or processing of a | 10 | | controlled substance other than methamphetamine, either
| 11 | | directly or indirectly, by extraction from substances of | 12 | | natural origin,
or independently by means of chemical | 13 | | synthesis, or by a combination of
extraction and chemical | 14 | | synthesis, and includes any packaging or
repackaging of the | 15 | | substance or labeling of its container, except that
this term | 16 | | does 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 |
| | | SB2187 Enrolled | - 58 - | LRB098 10555 MGM 40800 b |
|
| 1 | | chemical
analysis and not for sale.
| 2 | | (z-1) (Blank).
| 3 | | (z-5) "Medication shopping" means the conduct prohibited | 4 | | under subsection (a) of Section 314.5 of this Act. | 5 | | (z-10) "Mid-level practitioner" means (i) a physician | 6 | | assistant who has been delegated authority to prescribe through | 7 | | a written delegation of authority by a physician licensed to | 8 | | practice medicine in all of its branches, in accordance with | 9 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 10 | | (ii) an advanced practice nurse who has been delegated | 11 | | authority to prescribe through a written delegation of | 12 | | authority by a physician licensed to practice medicine in all | 13 | | of its branches or by a podiatric physician, in accordance with | 14 | | Section 65-40 of the Nurse Practice Act, or (iii) an animal | 15 | | euthanasia agency , or (iv) a prescribing psychologist . | 16 | | (aa) "Narcotic drug" means any of the following, whether | 17 | | produced
directly or indirectly by extraction from substances | 18 | | of vegetable origin,
or independently by means of chemical | 19 | | synthesis, or by a combination of
extraction and chemical | 20 | | synthesis:
| 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 |
| | | SB2187 Enrolled | - 59 - | LRB098 10555 MGM 40800 b |
|
| 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
| 16 | | Nurse Practice Act.
| 17 | | (cc) (Blank).
| 18 | | (dd) "Opiate" means any substance having an addiction | 19 | | forming or
addiction sustaining liability similar to morphine | 20 | | or being capable of
conversion into a drug having addiction | 21 | | forming or addiction sustaining
liability.
| 22 | | (ee) "Opium poppy" means the plant of the species Papaver
| 23 | | somniferum L., except its seeds.
| 24 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | 25 | | solution or other liquid form of medication intended for | 26 | | administration by mouth, but the term does not include a form |
| | | SB2187 Enrolled | - 60 - | LRB098 10555 MGM 40800 b |
|
| 1 | | of medication intended for buccal, sublingual, or transmucosal | 2 | | administration. | 3 | | (ff) "Parole and Pardon Board" means the Parole and Pardon | 4 | | Board of
the State of Illinois or its successor agency.
| 5 | | (gg) "Person" means any individual, corporation, | 6 | | mail-order pharmacy,
government or governmental subdivision or | 7 | | agency, business trust, estate,
trust, partnership or | 8 | | association, or any other entity.
| 9 | | (hh) "Pharmacist" means any person who holds a license or | 10 | | certificate of
registration as a registered pharmacist, a local | 11 | | registered pharmacist
or a registered assistant pharmacist | 12 | | under the Pharmacy Practice Act.
| 13 | | (ii) "Pharmacy" means any store, ship or other place in | 14 | | which
pharmacy is authorized to be practiced under the Pharmacy | 15 | | Practice Act.
| 16 | | (ii-5) "Pharmacy shopping" means the conduct prohibited | 17 | | under subsection (b) of Section 314.5 of this Act. | 18 | | (ii-10) "Physician" (except when the context otherwise | 19 | | requires) means a person licensed to practice medicine in all | 20 | | of its branches. | 21 | | (jj) "Poppy straw" means all parts, except the seeds, of | 22 | | the opium
poppy, after mowing.
| 23 | | (kk) "Practitioner" means a physician licensed to practice | 24 | | medicine in all
its branches, dentist, optometrist, podiatric | 25 | | physician,
veterinarian, scientific investigator, pharmacist, | 26 | | physician assistant,
advanced practice nurse,
licensed |
| | | SB2187 Enrolled | - 61 - | LRB098 10555 MGM 40800 b |
|
| 1 | | practical
nurse, registered nurse, hospital, laboratory, or | 2 | | pharmacy, or other
person licensed, registered, or otherwise | 3 | | lawfully permitted by the
United States or this State to | 4 | | distribute, dispense, conduct research
with respect to, | 5 | | administer or use in teaching or chemical analysis, a
| 6 | | controlled substance in the course of professional practice or | 7 | | research.
| 8 | | (ll) "Pre-printed prescription" means a written | 9 | | prescription upon which
the designated drug has been indicated | 10 | | prior to the time of issuance; the term does not mean a written | 11 | | prescription that is individually generated by machine or | 12 | | computer in the prescriber's office.
| 13 | | (mm) "Prescriber" means a physician licensed to practice | 14 | | medicine in all
its branches, dentist, optometrist, | 15 | | prescribing psychologist licensed under Section 4.2 of the | 16 | | Clinical Psychologist Licensing Act with prescriptive | 17 | | authority delegated under Section 4.3 of the Clinical | 18 | | Psychologist Licensing Act, podiatric physician , or
| 19 | | veterinarian who issues a prescription, a physician assistant | 20 | | who
issues a
prescription for a controlled substance
in | 21 | | accordance
with Section 303.05, a written delegation, and a | 22 | | written supervision agreement required under Section 7.5
of the
| 23 | | Physician Assistant Practice Act of 1987, or an advanced | 24 | | practice
nurse with prescriptive authority delegated under | 25 | | Section 65-40 of the Nurse Practice Act and in accordance with | 26 | | Section 303.05, a written delegation,
and a written
|
| | | SB2187 Enrolled | - 62 - | LRB098 10555 MGM 40800 b |
|
| 1 | | collaborative agreement under Section 65-35 of the Nurse | 2 | | Practice Act.
| 3 | | (nn) "Prescription" means a written, facsimile, or oral | 4 | | order, or an electronic order that complies with applicable | 5 | | federal requirements,
of
a physician licensed to practice | 6 | | medicine in all its branches,
dentist, podiatric physician or | 7 | | veterinarian for any controlled
substance, of an optometrist | 8 | | for a Schedule III, IV, or V controlled substance in accordance | 9 | | with Section 15.1 of the Illinois Optometric Practice Act of | 10 | | 1987, of a prescribing psychologist licensed under Section 4.2 | 11 | | of the Clinical Psychologist Licensing Act with prescriptive | 12 | | authority delegated under Section 4.3 of the Clinical | 13 | | Psychologist Licensing Act, of a physician assistant for a
| 14 | | controlled substance
in accordance with Section 303.05, a | 15 | | written delegation, and a written supervision agreement | 16 | | required under
Section 7.5 of the
Physician Assistant Practice | 17 | | Act of 1987, or of an advanced practice
nurse with prescriptive | 18 | | authority delegated under Section 65-40 of the Nurse Practice | 19 | | Act who issues a prescription for a
controlled substance in | 20 | | accordance
with
Section 303.05, a written delegation, and a | 21 | | written collaborative agreement under Section 65-35 of the | 22 | | Nurse Practice Act when required by law.
| 23 | | (nn-5) "Prescription Information Library" (PIL) means an | 24 | | electronic library that contains reported controlled substance | 25 | | data. | 26 | | (nn-10) "Prescription Monitoring Program" (PMP) means the |
| | | SB2187 Enrolled | - 63 - | LRB098 10555 MGM 40800 b |
|
| 1 | | entity that collects, tracks, and stores reported data on | 2 | | controlled substances and select drugs pursuant to Section 316. | 3 | | (oo) "Production" or "produce" means manufacture, | 4 | | planting,
cultivating, growing, or harvesting of a controlled | 5 | | substance other than methamphetamine.
| 6 | | (pp) "Registrant" means every person who is required to | 7 | | register
under Section 302 of this Act.
| 8 | | (qq) "Registry number" means the number assigned to each | 9 | | person
authorized to handle controlled substances under the | 10 | | laws of the United
States and of this State.
| 11 | | (qq-5) "Secretary" means, as the context requires, either | 12 | | the Secretary of the Department or the Secretary of the | 13 | | Department of Financial and Professional Regulation, and the | 14 | | Secretary's designated agents. | 15 | | (rr) "State" includes the State of Illinois and any state, | 16 | | district,
commonwealth, territory, insular possession thereof, | 17 | | and any area
subject to the legal authority of the United | 18 | | States of America.
| 19 | | (rr-5) "Stimulant" means any drug that (i) causes an | 20 | | overall excitation of central nervous system functions, (ii) | 21 | | causes impaired consciousness and awareness, and (iii) can be | 22 | | habit-forming or lead to a substance abuse problem, including | 23 | | but not limited to amphetamines and their analogs, | 24 | | methylphenidate and its analogs, cocaine, and phencyclidine | 25 | | and its analogs. | 26 | | (ss) "Ultimate user" means a person who lawfully possesses |
| | | SB2187 Enrolled | - 64 - | LRB098 10555 MGM 40800 b |
|
| 1 | | a
controlled substance for his or her own use or for the use of | 2 | | a member of his or her
household or for administering to an | 3 | | animal owned by him or her or by a member
of his or her | 4 | | household.
| 5 | | (Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; revised | 6 | | 11-12-13.)
| 7 | | (720 ILCS 570/303.05)
| 8 | | Sec. 303.05. Mid-level practitioner registration.
| 9 | | (a) The Department of Financial and Professional | 10 | | Regulation shall register licensed
physician assistants , and | 11 | | licensed advanced practice nurses , and prescribing | 12 | | psychologists licensed under Section 4.2 of the Clinical | 13 | | Psychologist Licensing Act to prescribe and
dispense | 14 | | controlled substances under Section 303 and euthanasia
| 15 | | agencies to purchase, store, or administer animal euthanasia | 16 | | drugs 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
|
| | | SB2187 Enrolled | - 65 - | LRB098 10555 MGM 40800 b |
|
| 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 |
| | | SB2187 Enrolled | - 66 - | LRB098 10555 MGM 40800 b |
|
| 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 |
| | | SB2187 Enrolled | - 67 - | LRB098 10555 MGM 40800 b |
|
| 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 |
| | | SB2187 Enrolled | - 68 - | LRB098 10555 MGM 40800 b |
|
| 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 |
| | | SB2187 Enrolled | - 69 - | LRB098 10555 MGM 40800 b |
|
| 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 | 5 | | prescribe those
schedules of controlled substances for which a | 6 | | licensed physician or licensed podiatric physician has | 7 | | delegated
prescriptive authority, except that an animal | 8 | | euthanasia agency does not have any
prescriptive authority.
A | 9 | | physician assistant and an advanced practice nurse are | 10 | | prohibited from prescribing medications and controlled | 11 | | substances not set forth in the required written delegation of | 12 | | authority.
| 13 | | (c) Upon completion of all registration requirements, | 14 | | physician
assistants, advanced practice nurses, and animal | 15 | | euthanasia agencies may be issued a
mid-level practitioner
| 16 | | controlled substances license for Illinois.
| 17 | | (d) A collaborating physician or podiatric physician may, | 18 | | but is not required to, delegate prescriptive authority to an | 19 | | advanced practice nurse as part of a written collaborative | 20 | | agreement, and the delegation of prescriptive authority shall | 21 | | conform to the requirements of Section 65-40 of the Nurse | 22 | | Practice Act. | 23 | | (e) A supervising physician may, but is not required to, | 24 | | delegate prescriptive authority to a physician assistant as | 25 | | part of a written supervision agreement, and the delegation of | 26 | | prescriptive authority shall conform to the requirements of |
| | | SB2187 Enrolled | - 70 - | LRB098 10555 MGM 40800 b |
|
| 1 | | Section 7.5 of the Physician Assistant Practice Act of 1987. | 2 | | (f) Nothing in this Section shall be construed to prohibit | 3 | | generic substitution. | 4 | | (Source: P.A. 97-334, eff. 1-1-12; 97-358, eff. 8-12-11; | 5 | | 97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law. |
|