|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1429
Introduced 2/21/2007, by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: |
|
210 ILCS 5/6.5 |
|
210 ILCS 85/10.7 |
|
225 ILCS 65/5-10 |
|
225 ILCS 65/5-35 new |
|
225 ILCS 65/15-25 |
|
225 ILCS 65/15-50 |
|
225 ILCS 65/15-20 rep. |
|
225 ILCS 85/3 |
from Ch. 111, par. 4123 |
225 ILCS 85/4 |
from Ch. 111, par. 4124 |
410 ILCS 70/2.2 |
|
720 ILCS 570/102 |
from Ch. 56 1/2, par. 1102 |
720 ILCS 570/303.05 |
|
|
Amends the Nursing and Advanced Practice Nursing Act to provide that the scope of practice for licensed practical nurses, licensed registered nurses, and licensed advanced practice nurses includes the authority to prescribe drugs and medicines. Repeals a Section concerning the prescriptive authority of advanced practice nurses. Amends the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, the Pharmacy Practice Act of 1987, the Sexual Assault Survivors Emergency Treatment Act, and the Illinois Controlled Substances Act to reflect this prescriptive authority.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB1429 |
|
LRB095 10150 RAS 30364 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 Ambulatory Surgical Treatment Center Act is |
5 |
| amended by changing Section 6.5 as follows:
|
6 |
| (210 ILCS 5/6.5)
|
7 |
| Sec. 6.5. Clinical privileges; advanced practice nurses. |
8 |
| All ambulatory surgical treatment centers (ASTC) licensed |
9 |
| under this Act
shall
comply with the following requirements:
|
10 |
| (1) No ASTC policy, rule, regulation, or practice shall be |
11 |
| inconsistent
with the provision of adequate collaboration, |
12 |
| including medical direction of
licensed
advanced practice |
13 |
| nurses, in accordance with Section 54.5 of the Medical
Practice |
14 |
| Act of 1987.
|
15 |
| (2) Operative surgical procedures shall be performed only |
16 |
| by a physician
licensed to
practice medicine in
all its |
17 |
| branches under the Medical Practice Act of 1987, a dentist
|
18 |
| licensed under the
Illinois Dental Practice Act, or a |
19 |
| podiatrist licensed under the Podiatric
Medical Practice Act of |
20 |
| 1987,
with medical staff membership and surgical clinical |
21 |
| privileges granted by the
consulting
committee of the ASTC. A |
22 |
| licensed physician, dentist, or podiatrist may
be assisted by
a |
23 |
| physician licensed to practice medicine in all its branches, |
|
|
|
HB1429 |
- 2 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| dentist, dental
assistant,
podiatrist, licensed
advanced |
2 |
| practice nurse, licensed physician assistant, licensed
|
3 |
| registered nurse, licensed practical nurse,
surgical
|
4 |
| assistant, surgical technician, or other individuals granted |
5 |
| clinical
privileges to assist in surgery
by the consulting |
6 |
| committee of the ASTC.
Payment for services rendered by an |
7 |
| assistant in surgery who is not an
ambulatory surgical |
8 |
| treatment center employee shall be paid
at the appropriate |
9 |
| non-physician modifier
rate if the payor would have made |
10 |
| payment had the same services been provided
by a physician.
|
11 |
| (2.5) A registered nurse licensed under the Nursing and |
12 |
| Advanced Practice Nursing Act and qualified by training and |
13 |
| experience in operating room nursing shall be present in the |
14 |
| operating room and function as the circulating nurse during all |
15 |
| invasive or operative procedures. For purposes of this |
16 |
| paragraph (2.5), "circulating nurse" means a registered nurse |
17 |
| who is responsible for coordinating all nursing care, patient |
18 |
| safety needs, and the needs of the surgical team in the |
19 |
| operating room during an invasive or operative procedure.
|
20 |
| (3) The anesthesia service shall be under the direction of |
21 |
| a physician
licensed to practice
medicine in all its branches |
22 |
| who has had specialized preparation or experience
in the area
|
23 |
| or who has completed a residency in anesthesiology. An |
24 |
| anesthesiologist, Board
certified or
Board eligible, is |
25 |
| recommended. Anesthesia services may
only be
administered |
26 |
| pursuant to the order of a physician licensed to practice |
|
|
|
HB1429 |
- 3 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| medicine
in all its
branches, licensed dentist, or licensed |
2 |
| podiatrist.
|
3 |
| (A) The individuals who, with clinical privileges |
4 |
| granted by the medical
staff and ASTC, may
administer |
5 |
| anesthesia services are limited to the
following:
|
6 |
| (i) an anesthesiologist; or
|
7 |
| (ii) a physician licensed to practice medicine in |
8 |
| all its branches; or
|
9 |
| (iii) a dentist with authority to administer |
10 |
| anesthesia under Section
8.1 of the
Illinois Dental |
11 |
| Practice Act; or
|
12 |
| (iv) a licensed certified registered nurse |
13 |
| anesthetist.
|
14 |
| (B) For anesthesia services, an anesthesiologist
shall
|
15 |
| participate through discussion of and agreement with the |
16 |
| anesthesia plan and
shall remain physically present and be
|
17 |
| available on
the premises during the delivery of anesthesia |
18 |
| services for
diagnosis, consultation, and treatment of |
19 |
| emergency medical
conditions.
In the absence of 24-hour |
20 |
| availability of anesthesiologists with clinical
|
21 |
| privileges, an alternate policy (requiring
participation, |
22 |
| presence,
and availability of a
physician licensed to |
23 |
| practice medicine in all its
branches) shall be
developed |
24 |
| by the medical staff consulting committee in consultation |
25 |
| with the
anesthesia service and included in the medical
|
26 |
| staff
consulting committee policies.
|
|
|
|
HB1429 |
- 4 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| (C) A certified registered nurse anesthetist is not |
2 |
| required to possess
prescriptive authority or a written |
3 |
| collaborative agreement meeting the
requirements of |
4 |
| Section 15-15 of the Nursing and Advanced Practice Nursing |
5 |
| Act
to provide anesthesia services
ordered by a licensed |
6 |
| physician, dentist, or podiatrist. Licensed certified
|
7 |
| registered nurse anesthetists are authorized to
select, |
8 |
| order, and
administer drugs and apply the appropriate |
9 |
| medical devices in the provision of
anesthesia
services |
10 |
| under the anesthesia plan agreed with by the
|
11 |
| anesthesiologist or, in the absence of an available |
12 |
| anesthesiologist with
clinical privileges,
agreed with by |
13 |
| the
operating physician, operating dentist, or operating |
14 |
| podiatrist in accordance
with the medical
staff consulting |
15 |
| committee policies of a licensed ambulatory surgical |
16 |
| treatment
center.
|
17 |
| (Source: P.A. 93-352, eff. 1-1-04; 94-915, eff. 1-1-07.)
|
18 |
| Section 10. The Hospital Licensing Act is amended by |
19 |
| changing Section 10.7 as follows:
|
20 |
| (210 ILCS 85/10.7)
|
21 |
| Sec. 10.7. Clinical privileges; advanced practice nurses.
|
22 |
| All hospitals licensed under this Act shall comply with the |
23 |
| following
requirements:
|
24 |
| (1) No hospital policy, rule, regulation, or practice
shall |
|
|
|
HB1429 |
- 5 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| be inconsistent
with the provision of adequate collaboration, |
2 |
| including medical direction of
licensed advanced practice |
3 |
| nurses, in accordance with Section 54.5 of the
Medical Practice |
4 |
| Act of 1987.
|
5 |
| (2) Operative surgical procedures shall be performed only |
6 |
| by a physician
licensed to practice medicine in all its |
7 |
| branches under the Medical Practice
Act of 1987, a dentist |
8 |
| licensed under the Illinois Dental Practice Act, or a
|
9 |
| podiatrist licensed under the Podiatric Medical Practice Act of |
10 |
| 1987,
with medical staff membership and surgical clinical |
11 |
| privileges granted at the
hospital. A licensed physician, |
12 |
| dentist, or podiatrist may be assisted by a
physician licensed |
13 |
| to practice medicine in all its branches, dentist, dental
|
14 |
| assistant, podiatrist, licensed advanced practice nurse, |
15 |
| licensed physician
assistant, licensed registered
nurse, |
16 |
| licensed practical nurse, surgical
assistant, surgical |
17 |
| technician, or other individuals granted clinical
privileges |
18 |
| to assist in surgery
at the hospital.
Payment for services |
19 |
| rendered by an assistant in surgery who is not a
hospital |
20 |
| employee shall be paid
at the appropriate non-physician |
21 |
| modifier rate if the payor would have
made payment had the same |
22 |
| services been provided by a physician.
|
23 |
| (2.5) A registered nurse licensed under the Nursing and |
24 |
| Advanced Practice Nursing Act and qualified by training and |
25 |
| experience in operating room nursing shall be present in the |
26 |
| operating room and function as the circulating nurse during all |
|
|
|
HB1429 |
- 6 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| invasive or operative procedures. For purposes of this |
2 |
| paragraph (2.5), "circulating nurse" means a registered nurse |
3 |
| who is responsible for coordinating all nursing care, patient |
4 |
| safety needs, and the needs of the surgical team in the |
5 |
| operating room during an invasive or operative procedure.
|
6 |
| (3) The anesthesia service shall be under the direction of |
7 |
| a physician
licensed to practice
medicine in all its branches |
8 |
| who has had specialized preparation or
experience in the area
|
9 |
| or who has completed a residency in anesthesiology. An |
10 |
| anesthesiologist, Board
certified or Board eligible, is |
11 |
| recommended. Anesthesia services may
only be administered |
12 |
| pursuant to the order of a physician licensed to practice
|
13 |
| medicine in all its branches, licensed dentist, or licensed |
14 |
| podiatrist.
|
15 |
| (A) The individuals who, with clinical privileges |
16 |
| granted at the hospital,
may administer anesthesia |
17 |
| services are limited
to the following:
|
18 |
| (i) an anesthesiologist; or
|
19 |
| (ii) a physician licensed to practice medicine in |
20 |
| all its branches; or
|
21 |
| (iii) a dentist with authority to administer |
22 |
| anesthesia under Section
8.1 of
the Illinois Dental |
23 |
| Practice Act; or
|
24 |
| (iv) a licensed certified registered nurse |
25 |
| anesthetist.
|
26 |
| (B) For anesthesia services, an anesthesiologist
shall
|
|
|
|
HB1429 |
- 7 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| participate through discussion of and agreement with the |
2 |
| anesthesia plan and
shall remain physically present and be
|
3 |
| available on
the premises during the delivery of anesthesia |
4 |
| services for
diagnosis, consultation, and treatment of |
5 |
| emergency medical conditions.
In the absence
of 24-hour |
6 |
| availability of
anesthesiologists with medical staff |
7 |
| privileges,
an alternate
policy (requiring participation, |
8 |
| presence, and availability of a physician
licensed to |
9 |
| practice
medicine in all its branches) shall be developed |
10 |
| by the medical staff and
licensed
hospital in consultation |
11 |
| with the anesthesia service.
|
12 |
| (C) A certified registered nurse anesthetist is not |
13 |
| required to possess
prescriptive authority or a written |
14 |
| collaborative agreement meeting
the requirements of |
15 |
| Section 15-15 of the Nursing and Advanced Practice Nursing
|
16 |
| Act
to provide anesthesia services
ordered by a licensed |
17 |
| physician, dentist, or podiatrist. Licensed certified
|
18 |
| registered nurse anesthetists are authorized to
select, |
19 |
| order, and
administer drugs and apply the appropriate |
20 |
| medical devices in the provision of
anesthesia
services |
21 |
| under the anesthesia plan agreed with by the
|
22 |
| anesthesiologist or, in the absence of an available |
23 |
| anesthesiologist with
clinical privileges,
agreed with by |
24 |
| the
operating physician, operating dentist, or operating |
25 |
| podiatrist in accordance
with the hospital's alternative |
26 |
| policy.
|
|
|
|
HB1429 |
- 8 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| (Source: P.A. 93-352, eff. 1-1-04; 94-915, eff. 1-1-07.)
|
2 |
| Section 15. The Nursing and Advanced Practice Nursing Act |
3 |
| is amended by changing Sections 5-10, 15-25, and 15-50 and by |
4 |
| adding Section 5-35 as follows:
|
5 |
| (225 ILCS 65/5-10)
|
6 |
| (Section scheduled to be repealed on January 1, 2008)
|
7 |
| Sec. 5-10. Definitions. Each of the following terms, when |
8 |
| used
in this Act, shall have the meaning ascribed to it in this |
9 |
| Section, except
where the context clearly indicates otherwise:
|
10 |
| (a) "Department" means the Department of Professional |
11 |
| Regulation.
|
12 |
| (b) "Director" means the Director of Professional
|
13 |
| Regulation.
|
14 |
| (c) "Board" means the Board of Nursing appointed by the
|
15 |
| Director.
|
16 |
| (d) "Academic year" means the customary annual schedule of |
17 |
| courses at a
college, university, or approved school, |
18 |
| customarily regarded as the school
year as distinguished from |
19 |
| the calendar year.
|
20 |
| (e) "Approved program of professional nursing education" |
21 |
| and "approved
program of practical nursing education" are |
22 |
| programs of professional or
practical nursing, respectively, |
23 |
| approved by the Department under the
provisions of this Act.
|
24 |
| (f) "Nursing Act Coordinator" means a registered |
|
|
|
HB1429 |
- 9 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| professional nurse
appointed by
the Director to carry out the |
2 |
| administrative policies of the
Department.
|
3 |
| (g) "Assistant Nursing Act Coordinator" means a registered |
4 |
| professional
nurse
appointed by the Director to assist in |
5 |
| carrying out the administrative
policies of the Department.
|
6 |
| (h) "Registered" is the equivalent of "licensed".
|
7 |
| (i) "Practical nurse" or "licensed practical nurse" means a |
8 |
| person who is
licensed as a practical nurse under this Act and |
9 |
| practices practical
nursing as defined in paragraph (j) of this |
10 |
| Section. Only a practical nurse
licensed under this Act is |
11 |
| entitled to use the title "licensed practical
nurse" and the |
12 |
| abbreviation "L.P.N.".
|
13 |
| (j) "Practical nursing" means the performance of
nursing |
14 |
| acts requiring the basic nursing knowledge, judgement, and |
15 |
| skill
acquired by means of completion of an approved practical |
16 |
| nursing education
program. Practical nursing includes |
17 |
| assisting in the nursing process as
delegated by and under the |
18 |
| direction of a registered professional nurse. The
practical |
19 |
| nurse may work under the direction of a licensed physician, |
20 |
| dentist,
podiatrist, or other health care professional |
21 |
| determined by the Department.
|
22 |
| (k) "Registered Nurse" or "Registered Professional Nurse" |
23 |
| means a person
who is licensed as a professional nurse under |
24 |
| this Act and practices
nursing as defined in paragraph (l) of |
25 |
| this Section. Only a registered
nurse licensed under this Act |
26 |
| is entitled to use the
titles "registered nurse" and |
|
|
|
HB1429 |
- 10 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| "registered professional nurse" and the
abbreviation, "R.N.".
|
2 |
| (l) "Registered professional nursing practice" includes |
3 |
| all
nursing
specialities and means the performance of any |
4 |
| nursing act based upon
professional knowledge, judgment, and |
5 |
| skills acquired by means of completion
of an approved |
6 |
| registered professional nursing education program. A |
7 |
| registered
professional nurse provides nursing care |
8 |
| emphasizing the importance of the
whole and the interdependence |
9 |
| of its parts through the nursing process
to individuals, |
10 |
| groups, families, or communities, that includes but is not
|
11 |
| limited to: (1) the assessment of healthcare needs, nursing |
12 |
| diagnosis,
planning, implementation, and nursing evaluation; |
13 |
| (2) the promotion,
maintenance, and restoration of health; (3) |
14 |
| counseling, patient education,
health education, and patient |
15 |
| advocacy; (4) the administration of medications
and treatments |
16 |
| as prescribed by a physician licensed to practice medicine in
|
17 |
| all of its branches, a licensed dentist, a licensed podiatrist, |
18 |
| or a licensed
optometrist , a licensed practical nurse, a |
19 |
| licensed registered professional nurse, a licensed advanced |
20 |
| practice nurse, or as prescribed by a physician assistant in |
21 |
| accordance with
written guidelines required under the |
22 |
| Physician Assistant Practice Act of 1987
or by an advanced |
23 |
| practice nurse in accordance with a written
collaborative |
24 |
| agreement required under the Nursing and
Advanced Practice |
25 |
| Nursing Act ; (5) the
coordination and management of the nursing |
26 |
| plan of care; (6) the delegation to
and supervision of |
|
|
|
HB1429 |
- 11 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| individuals who assist the registered professional nurse
|
2 |
| implementing the plan of care; and (7) teaching and supervision |
3 |
| of nursing
students. The foregoing shall not be deemed to |
4 |
| include
those acts of medical diagnosis or prescription of |
5 |
| therapeutic or
corrective measures that are properly performed |
6 |
| only by
physicians licensed in the State of Illinois.
|
7 |
| (m) "Current nursing practice update course" means a |
8 |
| planned nursing
education curriculum approved by the |
9 |
| Department consisting of activities
that have educational |
10 |
| objectives,
instructional methods, content or subject matter, |
11 |
| clinical practice, and
evaluation methods, related to basic |
12 |
| review and updating content and
specifically planned for those |
13 |
| nurses previously licensed in the United
States or its |
14 |
| territories and preparing for reentry into nursing
practice.
|
15 |
| (n) "Professional assistance program for nurses" means a |
16 |
| professional
assistance program that meets criteria |
17 |
| established by the Board of Nursing
and approved by the |
18 |
| Director, which provides a non-disciplinary treatment
approach |
19 |
| for nurses licensed under this Act whose ability to practice is
|
20 |
| compromised by alcohol or chemical substance addiction.
|
21 |
| (o) "Drugs" has the meaning given to the term in the |
22 |
| Pharmacy Practice Act of 1987. |
23 |
| (p) "Medicines" has the meaning given to the term in the |
24 |
| Pharmacy Practice Act of 1987.
|
25 |
| (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98; |
26 |
| 90-655, eff.
7-30-98; 90-742, eff. 8-13-98.)
|
|
|
|
HB1429 |
- 12 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| (225 ILCS 65/5-35 new) |
2 |
| (Section scheduled to be repealed on January 1, 2008) |
3 |
| Sec. 5-35. Prescriptive authority. The scope of practice |
4 |
| for any practical nurse, registered professional nurse, or |
5 |
| advanced practice nurse licensed under this Act shall include |
6 |
| the authority to prescribe drugs and medicines.
|
7 |
| (225 ILCS 65/15-25)
|
8 |
| (Section scheduled to be repealed on January 1, 2008)
|
9 |
| Sec. 15-25. Certified registered nurse anesthetists.
|
10 |
| (a) A licensed certified registered nurse anesthetist may |
11 |
| provide anesthesia
services pursuant to the order of a licensed |
12 |
| physician,
licensed dentist, or
licensed podiatrist in a |
13 |
| licensed hospital, a licensed ambulatory surgical
treatment |
14 |
| center, or the office of a
licensed physician, the office of a |
15 |
| licensed dentist, or the office of a
licensed
podiatrist. For
|
16 |
| anesthesia services, an anesthesiologist,
physician, dentist,
|
17 |
| or podiatrist shall participate through discussion of and |
18 |
| agreement with the
anesthesia plan and shall
remain
physically |
19 |
| present
and be available on the premises during the delivery of |
20 |
| anesthesia services for
diagnosis, consultation, and treatment |
21 |
| of
emergency medical conditions, unless hospital policy |
22 |
| adopted pursuant to
clause (B) of subdivision (3) of Section |
23 |
| 10.7 of the Hospital Licensing Act
or ambulatory surgical |
24 |
| treatment center policy adopted pursuant to
clause (B) of |
|
|
|
HB1429 |
- 13 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| subdivision (3) of Section 6.5 of the Ambulatory Surgical
|
2 |
| Treatment Center Act
provides otherwise.
|
3 |
| (b) A certified registered nurse anesthetist who provides |
4 |
| anesthesia
services in a hospital shall do so in accordance |
5 |
| with Section 10.7 of the
Hospital
Licensing Act and, in an
|
6 |
| ambulatory surgical treatment center, in accordance with |
7 |
| Section 6.5 of the
Ambulatory
Surgical Treatment Center Act.
|
8 |
| (c) A certified registered nurse anesthetist who provides |
9 |
| anesthesia
services in a physician office, dental office, or |
10 |
| podiatric
office
shall enter into a written
practice agreement
|
11 |
| with an
anesthesiologist or the physician licensed to practice |
12 |
| medicine in all its
branches, the dentist, or
the podiatrist |
13 |
| performing the procedure. The agreement shall describe the
|
14 |
| working relationship of the certified registered nurse |
15 |
| anesthetist and
anesthesiologist, physician,
dentist, or |
16 |
| podiatrist and shall
authorize the categories of care, |
17 |
| treatment, or procedures to be
performed by the certified |
18 |
| registered nurse anesthetist. In a dentist's
office, the |
19 |
| certified
registered nurse anesthetist may only provide those
|
20 |
| services the dentist is authorized to provide pursuant to the |
21 |
| Illinois Dental
Practice Act and
rules. In a podiatrist's |
22 |
| office, the certified registered nurse anesthetist
may
only |
23 |
| provide those services the podiatrist is
authorized to provide |
24 |
| pursuant to the Podiatric Medical Practice Act of 1987
and |
25 |
| rules. For
anesthesia services, an anesthesiologist,
|
26 |
| physician, dentist,
or podiatrist shall participate through |
|
|
|
HB1429 |
- 14 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| discussion of and agreement with the
anesthesia plan and shall
|
2 |
| remain
physically present
and be available on the premises |
3 |
| during the delivery of anesthesia services
for diagnosis, |
4 |
| consultation, and treatment of
emergency medical conditions.
|
5 |
| (d) A certified registered nurse anesthetist is not |
6 |
| required to possess
prescriptive authority or a written |
7 |
| collaborative agreement meeting the
requirements of Section |
8 |
| 15-15 to provide
anesthesia services ordered by a licensed |
9 |
| physician,
dentist, or podiatrist. Certified registered nurse |
10 |
| anesthetists are
authorized to select, order, and administer |
11 |
| drugs and apply
the appropriate medical devices in the |
12 |
| provision of
anesthesia services under the
anesthesia plan |
13 |
| agreed with by the anesthesiologist
or the
physician in |
14 |
| accordance with hospital alternative policy
or the medical |
15 |
| staff consulting committee
policies of a licensed ambulatory |
16 |
| surgical
treatment center. In a physician's office, dentist's |
17 |
| office, or podiatrist's
office, the anesthesiologist, |
18 |
| operating physician, operating
dentist, or operating |
19 |
| podiatrist shall agree with the anesthesia plan, in
accordance |
20 |
| with the written practice agreement.
|
21 |
| (e) (Blank).
A certified registered nurse anesthetist may |
22 |
| be delegated limited
prescriptive authority under Section
|
23 |
| 15-20 in a written collaborative agreement meeting the |
24 |
| requirements of Section
15-15.
|
25 |
| (Source: P.A. 91-414, eff. 8-6-99.)
|
|
|
|
HB1429 |
- 15 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| (225 ILCS 65/15-50)
|
2 |
| (Section scheduled to be repealed on January 1, 2008)
|
3 |
| Sec. 15-50. Grounds for disciplinary action.
|
4 |
| (a) The Department may, upon the recommendation of the APN |
5 |
| Board, refuse to
issue or to
renew, or may revoke, suspend, |
6 |
| place on probation, censure or
reprimand, or take other |
7 |
| disciplinary action as the Department may deem
appropriate with
|
8 |
| regard to
a license issued under this Title,
including the |
9 |
| issuance of fines not to exceed
$5,000 for each violation, for |
10 |
| any one or combination of the
grounds for discipline set forth |
11 |
| in Section 10-45 of this Act or
for any one or combination of |
12 |
| the following causes:
|
13 |
| (1) Gross negligence in the practice of advanced |
14 |
| practice nursing.
|
15 |
| (2) Exceeding the terms of a collaborative agreement or |
16 |
| the prescriptive
authority
delegated to him or her by his |
17 |
| or her collaborating physician or alternate
collaborating
|
18 |
| physician in guidelines established under a written |
19 |
| collaborative agreement .
|
20 |
| (3) Making a false or misleading statement regarding |
21 |
| his or her skill or
the
efficacy or
value of the medicine, |
22 |
| treatment, or remedy prescribed by him or her in the
course |
23 |
| of treatment.
|
24 |
| (4) Prescribing, selling, administering, distributing, |
25 |
| giving, or
self-administering a drug
classified as a |
26 |
| controlled substance (designated product) or narcotic for |
|
|
|
HB1429 |
- 16 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| other
than medically
accepted therapeutic purposes.
|
2 |
| (5) Promotion of the sale of drugs, devices, |
3 |
| appliances, or goods provided
for
a patient
in a manner to |
4 |
| exploit the patient for financial gain.
|
5 |
| (6) Violating State or federal laws or regulations |
6 |
| relating to controlled
substances.
|
7 |
| (7) Willfully or negligently violating the |
8 |
| confidentiality between
advanced
practice
nurse, |
9 |
| collaborating physician, and patient, except as required |
10 |
| by law.
|
11 |
| (8) Failure of a licensee to report to the Department |
12 |
| any adverse final
action
taken
against such licensee by |
13 |
| another licensing jurisdiction (any other jurisdiction
of |
14 |
| the United
States or any foreign state or country), any |
15 |
| peer review body, any health
care institution,
a |
16 |
| professional or nursing or advanced practice nursing |
17 |
| society or association,
a governmental
agency, a law |
18 |
| enforcement agency, or a court or a liability claim |
19 |
| relating to
acts or conduct
similar to acts or conduct that |
20 |
| would constitute grounds for action as defined
in this |
21 |
| Section.
|
22 |
| (9) Failure of a licensee to report to the Department |
23 |
| surrender by the
licensee
of a
license or authorization to |
24 |
| practice nursing or advanced practice nursing in
another |
25 |
| state or
jurisdiction, or current surrender by the licensee |
26 |
| of membership on any nursing
staff or
organized health care |
|
|
|
HB1429 |
- 17 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| professional staff or in any nursing, advanced practice
|
2 |
| nurse, or
professional association or society while under |
3 |
| disciplinary investigation by
any of those
authorities or |
4 |
| bodies for acts or conduct similar to acts or conduct that |
5 |
| would
constitute
grounds for action as defined in this |
6 |
| Section.
|
7 |
| (10) Failing, within 60 days, to provide information in |
8 |
| response to a
written request
made by the Department.
|
9 |
| (11) Failure to establish and maintain records of |
10 |
| patient care and
treatment as required
by law.
|
11 |
| (12) Any violation of any Section of this Title or Act.
|
12 |
| When the Department has received written
reports |
13 |
| concerning incidents required to be reported in
items (8) and |
14 |
| (9), the licensee's failure to report the incident to the
|
15 |
| Department under those items shall not be the sole
grounds for |
16 |
| disciplinary action.
|
17 |
| (b) The Department may refuse to issue or may suspend the |
18 |
| license of any
person who fails to file a return, to pay the |
19 |
| tax, penalty, or interest shown
in a filed return, or to pay |
20 |
| any final assessment of the tax, penalty, or
interest as |
21 |
| required by a tax Act administered by the Department of |
22 |
| Revenue,
until the requirements of the tax Act are satisfied.
|
23 |
| (c) In enforcing this Section, the Department or APN Board, |
24 |
| upon a showing
of a possible violation, may compel an |
25 |
| individual licensed to practice under
this Title, or who has |
26 |
| applied for licensure under this Title, to submit to a
mental |
|
|
|
HB1429 |
- 18 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| or physical examination or both, as required by and at the |
2 |
| expense of
the Department. The Department or APN Board may |
3 |
| order the examining physician
to present testimony concerning |
4 |
| the mental or physical examination of the
licensee or |
5 |
| applicant. No information shall be excluded by reason of any
|
6 |
| common law or statutory privilege relating to communications |
7 |
| between the
licensee or applicant and the examining physician. |
8 |
| The examining physician
shall be specifically designated by the |
9 |
| APN Board or Department. The
individual to be examined may |
10 |
| have, at his or her own expense, another
physician of his or |
11 |
| her choice present during all aspects of this examination.
|
12 |
| Failure of an individual to submit to a mental or physical |
13 |
| examination when
directed shall be grounds for suspension of |
14 |
| his or her license until the
individual submits to the |
15 |
| examination if the Department finds, after notice and
hearing, |
16 |
| that the refusal to submit to the examination was without |
17 |
| reasonable
cause.
|
18 |
| If the Department or APN Board finds an individual unable |
19 |
| to practice
because of the reasons set forth in this Section, |
20 |
| the Department or APN Board
may require that individual to |
21 |
| submit to care, counseling, or treatment by
physicians approved |
22 |
| or designated by the Department or APN Board as a
condition, |
23 |
| term, or restriction for continued, reinstated, or renewed |
24 |
| licensure
to practice; or, in lieu of care, counseling, or |
25 |
| treatment, the Department may
file, or the APN Board may |
26 |
| recommend to the Department to file, a complaint to
immediately |
|
|
|
HB1429 |
- 19 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| suspend, revoke, or otherwise discipline the license of the
|
2 |
| individual. An individual whose license was granted, |
3 |
| continued, reinstated,
renewed, disciplined or supervised |
4 |
| subject to terms, conditions, or
restrictions, and who fails to |
5 |
| comply with the terms, conditions, or
restrictions, shall be |
6 |
| referred to the Director for a determination as to
whether the |
7 |
| individual shall have his or her license suspended immediately,
|
8 |
| pending a hearing by the Department.
|
9 |
| In instances in which the Director immediately suspends a |
10 |
| person's license
under this Section, a hearing on that person's |
11 |
| license shall be convened by the
Department within 15 days |
12 |
| after the suspension and shall be completed without
appreciable |
13 |
| delay. The Department and APN Board shall have the authority to
|
14 |
| review the subject individual's record of treatment and |
15 |
| counseling regarding
the impairment to the extent permitted by |
16 |
| applicable federal statutes and
regulations safeguarding the |
17 |
| confidentiality of medical records.
|
18 |
| An individual licensed under this Title and affected under |
19 |
| this Section shall
be afforded an opportunity to demonstrate to |
20 |
| the Department or APN Board that
he or she can resume practice |
21 |
| in compliance with acceptable and prevailing
standards under |
22 |
| the provisions of his or her license.
|
23 |
| (Source: P.A. 90-742, eff. 8-13-98.)
|
24 |
| (225 ILCS 65/15-20 rep.)
|
25 |
| Section 20. The Nursing and Advanced Practice Nursing Act |
|
|
|
HB1429 |
- 20 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| is amended by repealing Section 15-20. |
2 |
| Section 25. The Pharmacy Practice Act of 1987 is amended by |
3 |
| changing Sections 3 and 4 as follows:
|
4 |
| (225 ILCS 85/3) (from Ch. 111, par. 4123)
|
5 |
| (Section scheduled to be repealed on January 1, 2008)
|
6 |
| Sec. 3. Definitions. For the purpose of this Act, except |
7 |
| where otherwise
limited therein:
|
8 |
| (a) "Pharmacy" or "drugstore" means and includes every |
9 |
| store, shop,
pharmacy department, or other place where |
10 |
| pharmaceutical care is
provided
by a pharmacist (1) where |
11 |
| drugs, medicines, or poisons are
dispensed, sold or
offered for |
12 |
| sale at retail, or displayed for sale at retail; or
(2)
where
|
13 |
| prescriptions of physicians, dentists, veterinarians, |
14 |
| podiatrists, or
therapeutically certified optometrists, within |
15 |
| the limits of their
licenses, are
compounded, filled, or |
16 |
| dispensed; or (3) which has upon it or
displayed within
it, or |
17 |
| affixed to or used in connection with it, a sign bearing the |
18 |
| word or
words "Pharmacist", "Druggist", "Pharmacy", |
19 |
| "Pharmaceutical
Care", "Apothecary", "Drugstore",
"Medicine |
20 |
| Store", "Prescriptions", "Drugs", "Medicines", or any word
or |
21 |
| words of similar or like import, either in the English language
|
22 |
| or any other language; or (4) where the characteristic |
23 |
| prescription
sign (Rx) or similar design is exhibited; or (5) |
24 |
| any store, or
shop,
or other place with respect to which any of |
|
|
|
HB1429 |
- 21 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| the above words, objects,
signs or designs are used in any |
2 |
| advertisement.
|
3 |
| (b) "Drugs" means and includes (l) articles recognized
in |
4 |
| the official United States Pharmacopoeia/National Formulary |
5 |
| (USP/NF),
or any supplement thereto and being intended for and |
6 |
| having for their
main use the diagnosis, cure, mitigation, |
7 |
| treatment or prevention of
disease in man or other animals, as |
8 |
| approved by the United States Food and
Drug Administration, but |
9 |
| does not include devices or their components, parts,
or |
10 |
| accessories; and (2) all other articles intended
for and having |
11 |
| for their main use the diagnosis, cure, mitigation,
treatment |
12 |
| or prevention of disease in man or other animals, as approved
|
13 |
| by the United States Food and Drug Administration, but does not |
14 |
| include
devices or their components, parts, or accessories; and |
15 |
| (3) articles
(other than food) having for their main use and |
16 |
| intended
to affect the structure or any function of the body of |
17 |
| man or other
animals; and (4) articles having for their main |
18 |
| use and intended
for use as a component or any articles |
19 |
| specified in clause (l), (2)
or (3); but does not include |
20 |
| devices or their components, parts or
accessories.
|
21 |
| (c) "Medicines" means and includes all drugs intended for
|
22 |
| human or veterinary use approved by the United States Food and |
23 |
| Drug
Administration.
|
24 |
| (d) "Practice of pharmacy" means the provision of |
25 |
| pharmaceutical care to
patients as determined by the |
26 |
| pharmacist's professional judgment in the
following areas,
|
|
|
|
HB1429 |
- 22 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| which may include but are not limited to (1) patient
|
2 |
| counseling, (2)
interpretation and assisting in the monitoring |
3 |
| of appropriate drug use and
prospective drug utilization |
4 |
| review, (3) providing information on the
therapeutic values, |
5 |
| reactions, drug interactions, side effects, uses, selection
of |
6 |
| medications and medical devices, and outcome of drug therapy, |
7 |
| (4)
participation in drug selection, drug monitoring, drug |
8 |
| utilization review,
evaluation, administration, |
9 |
| interpretation, application of
pharmacokinetic and
laboratory |
10 |
| data to design safe and effective drug
regimens, (5) drug |
11 |
| research
(clinical and scientific), and (6) compounding and |
12 |
| dispensing of drugs and medical
devices.
|
13 |
| (e) "Prescription" means and includes any written, oral, |
14 |
| facsimile, or
electronically transmitted order for drugs
or |
15 |
| medical devices, issued by a physician licensed to practice |
16 |
| medicine in
all its branches, dentist, veterinarian, or |
17 |
| podiatrist, or therapeutically
certified
optometrist, |
18 |
| practical nurse, registered professional nurse, or advanced |
19 |
| practice nurse, within the
limits of their licenses, or by a |
20 |
| physician assistant in accordance with
subsection (f) of |
21 |
| Section 4, or by an advanced practice nurse in
accordance with |
22 |
| subsection (g) of Section 4, containing the
following: (l) name
|
23 |
| of the patient; (2) date when prescription was issued; (3) name
|
24 |
| and strength of drug or description of the medical device |
25 |
| prescribed;
and (4) quantity, (5) directions for use, (6) |
26 |
| prescriber's name,
address
and signature, and (7) DEA number |
|
|
|
HB1429 |
- 23 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| where required, for controlled
substances.
DEA numbers shall |
2 |
| not be required on inpatient drug orders.
|
3 |
| (f) "Person" means and includes a natural person, |
4 |
| copartnership,
association, corporation, government entity, or |
5 |
| any other legal
entity.
|
6 |
| (g) "Department" means the Department of Professional |
7 |
| Regulation.
|
8 |
| (h) "Board of Pharmacy" or "Board" means the State Board
of |
9 |
| Pharmacy of the Department of Professional Regulation.
|
10 |
| (i) "Director" means the Director of Professional |
11 |
| Regulation.
|
12 |
| (j) "Drug product selection" means the interchange for a
|
13 |
| prescribed pharmaceutical product in accordance with Section |
14 |
| 25 of
this Act and Section 3.14 of the Illinois Food, Drug and |
15 |
| Cosmetic Act.
|
16 |
| (k) "Inpatient drug order" means an order issued by an |
17 |
| authorized
prescriber for a resident or patient of a facility |
18 |
| licensed under the
Nursing Home Care Act or the Hospital |
19 |
| Licensing Act, or "An Act in relation to
the founding and |
20 |
| operation of the University of Illinois Hospital and the
|
21 |
| conduct of University of Illinois health care programs", |
22 |
| approved July 3, 1931,
as amended, or a facility which is |
23 |
| operated by the Department of Human
Services (as successor to |
24 |
| the Department of Mental Health
and Developmental |
25 |
| Disabilities) or the Department of Corrections.
|
26 |
| (k-5) "Pharmacist" means an individual health care |
|
|
|
HB1429 |
- 24 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| professional and
provider currently licensed by this State to |
2 |
| engage in the practice of
pharmacy.
|
3 |
| (l) "Pharmacist in charge" means the licensed pharmacist |
4 |
| whose name appears
on a pharmacy license and who is responsible |
5 |
| for all aspects of the
operation related to the practice of |
6 |
| pharmacy.
|
7 |
| (m) "Dispense" means the delivery of drugs and medical |
8 |
| devices, in
accordance with applicable State and federal laws |
9 |
| and regulations, to the
patient or the patient's representative |
10 |
| authorized to receive these products,
including the |
11 |
| preparation, compounding, packaging, and labeling necessary |
12 |
| for delivery, computer entry, and verification of medication |
13 |
| orders and prescriptions, and
any recommending or advising |
14 |
| concerning the contents and therapeutic values and
uses |
15 |
| thereof. "Dispense" does not mean the physical delivery to a |
16 |
| patient or a
patient's representative in a home or institution |
17 |
| by a designee of a pharmacist
or by common carrier. "Dispense" |
18 |
| also does not mean the physical delivery
of a drug or medical |
19 |
| device to a patient or patient's representative by a
|
20 |
| pharmacist's designee within a pharmacy or drugstore while the |
21 |
| pharmacist is
on duty and the pharmacy is open.
|
22 |
| (n) "Mail-order pharmacy" means a pharmacy that is located |
23 |
| in a state
of the United States, other than Illinois, that |
24 |
| delivers, dispenses or
distributes, through the United States |
25 |
| Postal Service or other common
carrier, to Illinois residents, |
26 |
| any substance which requires a prescription.
|
|
|
|
HB1429 |
- 25 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| (o) "Compounding" means the preparation, mixing, |
2 |
| assembling,
packaging, or labeling of a drug or medical device: |
3 |
| (1) as the result of a
practitioner's prescription drug order |
4 |
| or initiative that is dispensed pursuant
to a prescription in |
5 |
| the course of professional practice; or (2) for the
purpose of, |
6 |
| or incident to, research, teaching, or chemical analysis; or |
7 |
| (3) in anticipation of prescription drug orders
based on |
8 |
| routine, regularly observed prescribing patterns.
|
9 |
| (p) "Confidential information" means information,
|
10 |
| maintained by the
pharmacist in the patient's records, released |
11 |
| only (i) to the patient or,
as the patient directs, to other |
12 |
| practitioners and other pharmacists or (ii)
to any other person |
13 |
| authorized by law to receive the
information.
|
14 |
| (q) "Prospective drug review" or "drug utilization |
15 |
| evaluation" means a
screening for potential drug therapy |
16 |
| problems due to
therapeutic duplication, drug-disease |
17 |
| contraindications, drug-drug
interactions (including serious |
18 |
| interactions with nonprescription or
over-the-counter drugs), |
19 |
| drug-food interactions, incorrect drug dosage
or duration of |
20 |
| drug
treatment, drug-allergy interactions, and clinical abuse |
21 |
| or misuse.
|
22 |
| (r) "Patient counseling" means the communication between a |
23 |
| pharmacist or
a student pharmacist under the direct supervision |
24 |
| of a pharmacist and a
patient or the patient's representative |
25 |
| about the patient's medication or
device for the purpose of |
26 |
| optimizing proper use of prescription medications
or devices. |
|
|
|
HB1429 |
- 26 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| The offer to counsel by the pharmacist or the pharmacist's
|
2 |
| designee, and subsequent patient counseling by the pharmacist |
3 |
| or student
pharmacist, shall be made in a face-to-face |
4 |
| communication with the patient
or patient's representative |
5 |
| unless, in the professional judgment of the
pharmacist, a |
6 |
| face-to-face communication is deemed inappropriate or
|
7 |
| unnecessary. In that instance, the offer to counsel or patient |
8 |
| counseling may
be made in a written communication, by |
9 |
| telephone, or in a manner determined by
the pharmacist to be |
10 |
| appropriate.
|
11 |
| (s) "Patient profiles" or "patient drug therapy record" |
12 |
| means the
obtaining, recording, and maintenance of patient |
13 |
| prescription
information, including prescriptions for |
14 |
| controlled substances, and
personal information.
|
15 |
| (t) "Pharmaceutical care" includes, but is not limited to, |
16 |
| the act of
monitoring drug use and other patient care services |
17 |
| intended to achieve
outcomes that improve the patient's quality |
18 |
| of life but shall not include
the sale of over-the-counter |
19 |
| drugs by a seller of goods and services who
does not dispense |
20 |
| prescription drugs.
|
21 |
| (u) "Medical device" means an instrument, apparatus, |
22 |
| implement, machine,
contrivance, implant, in vitro reagent, or |
23 |
| other similar or related article,
including any component part |
24 |
| or accessory, required under federal law to
bear the label |
25 |
| "Caution: Federal law requires dispensing by or on the order
of |
26 |
| a physician". A seller of goods and services who, only for the |
|
|
|
HB1429 |
- 27 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| purpose of
retail sales, compounds, sells, rents, or leases |
2 |
| medical devices shall not,
by reasons thereof, be required to |
3 |
| be a licensed pharmacy.
|
4 |
| (v) "Unique identifier" means an electronic signature, |
5 |
| handwritten
signature or initials, thumb print, or other |
6 |
| acceptable individual biometric
or electronic identification |
7 |
| process as approved by the Department.
|
8 |
| (w) "Current usual and customary retail price" means the |
9 |
| actual price that a pharmacy charges a retail purchaser.
|
10 |
| (Source: P.A. 93-571, eff. 8-20-03; 93-1075, eff. 1-18-05; |
11 |
| 94-459, eff. 1-1-06.)
|
12 |
| (225 ILCS 85/4) (from Ch. 111, par. 4124)
|
13 |
| (Section scheduled to be repealed on January 1, 2008)
|
14 |
| Sec. 4. Exemptions. Nothing contained in any Section of |
15 |
| this Act shall
apply
to, or in any manner interfere with:
|
16 |
| (a) the lawful practice of any physician licensed to |
17 |
| practice medicine in
all of its branches, dentist, podiatrist,
|
18 |
| veterinarian, or therapeutically or diagnostically certified |
19 |
| optometrist within
the limits of
his or her license, or prevent |
20 |
| him or her from
supplying to his
or her
bona fide patients
such |
21 |
| drugs, medicines, or poisons as may seem to him appropriate;
|
22 |
| (b) the sale of compressed gases;
|
23 |
| (c) the sale of patent or proprietary medicines and |
24 |
| household remedies
when sold in original and unbroken packages |
25 |
| only, if such patent or
proprietary medicines and household |
|
|
|
HB1429 |
- 28 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| remedies be properly and adequately
labeled as to content and |
2 |
| usage and generally considered and accepted
as harmless and |
3 |
| nonpoisonous when used according to the directions
on the |
4 |
| label, and also do not contain opium or coca leaves, or any
|
5 |
| compound, salt or derivative thereof, or any drug which, |
6 |
| according
to the latest editions of the following authoritative |
7 |
| pharmaceutical
treatises and standards, namely, The United |
8 |
| States Pharmacopoeia/National
Formulary (USP/NF), the United |
9 |
| States Dispensatory, and the Accepted
Dental Remedies of the |
10 |
| Council of Dental Therapeutics of the American
Dental |
11 |
| Association or any or either of them, in use on the effective
|
12 |
| date of this Act, or according to the existing provisions of |
13 |
| the Federal
Food, Drug, and Cosmetic Act and Regulations of the |
14 |
| Department of Health
and Human Services, Food and Drug |
15 |
| Administration, promulgated thereunder
now in effect, is |
16 |
| designated, described or considered as a narcotic,
hypnotic, |
17 |
| habit forming, dangerous, or poisonous drug;
|
18 |
| (d) the sale of poultry and livestock remedies in original |
19 |
| and unbroken
packages only, labeled for poultry and livestock |
20 |
| medication;
|
21 |
| (e) the sale of poisonous substances or mixture of |
22 |
| poisonous substances,
in unbroken packages, for nonmedicinal |
23 |
| use in the arts or industries
or for insecticide purposes; |
24 |
| provided, they are properly and adequately
labeled as to |
25 |
| content and such nonmedicinal usage, in conformity
with the |
26 |
| provisions of all applicable federal, state and local laws
and |
|
|
|
HB1429 |
- 29 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| regulations promulgated thereunder now in effect relating |
2 |
| thereto
and governing the same, and those which are required |
3 |
| under such applicable
laws and regulations to be labeled with |
4 |
| the word "Poison", are also labeled
with the word "Poison" |
5 |
| printed
thereon in prominent type and the name of a readily |
6 |
| obtainable antidote
with directions for its administration;
|
7 |
| (f) the delegation of limited prescriptive authority by a |
8 |
| physician
licensed to
practice medicine in all its branches to |
9 |
| a physician assistant
under Section 7.5 of the Physician |
10 |
| Assistant Practice Act of 1987. This
delegated authority may |
11 |
| but is not required to include prescription of
Schedule III, |
12 |
| IV, or V controlled substances, as defined in Article II of the
|
13 |
| Illinois Controlled Substances Act, in accordance with written |
14 |
| guidelines
under Section 7.5 of the Physician Assistant |
15 |
| Practice Act of 1987; and
|
16 |
| (g) (Blank).
The delegation of limited prescriptive |
17 |
| authority by a physician
licensed to practice medicine in all |
18 |
| its branches to an advanced practice
nurse in accordance with a |
19 |
| written collaborative
agreement under Sections 15-15 and 15-20 |
20 |
| of the Nursing and Advanced
Practice Nursing Act. This |
21 |
| delegated authority may but is not required to
include the |
22 |
| prescription of Schedule III, IV, or V controlled substances as
|
23 |
| defined
in Article II of the Illinois Controlled Substances |
24 |
| Act.
|
25 |
| (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
|
26 |
| 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
|
|
|
|
HB1429 |
- 30 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| Section 30. The Sexual Assault Survivors Emergency |
2 |
| Treatment Act is amended by changing Section 2.2 as follows:
|
3 |
| (410 ILCS 70/2.2)
|
4 |
| Sec. 2.2. Emergency contraception.
|
5 |
| (a) The General Assembly finds:
|
6 |
| (1) Crimes of sexual violence cause significant |
7 |
| physical, emotional, and
psychological trauma to the |
8 |
| victims. This trauma is compounded by a victim's
fear of |
9 |
| becoming pregnant and bearing a child as a result of the |
10 |
| sexual
assault.
|
11 |
| (2) Each year over 32,000 women become pregnant in the |
12 |
| United States as
the result of rape and
approximately 50% |
13 |
| of these pregnancies end in abortion.
|
14 |
| (3) As approved for use by the Federal Food and Drug |
15 |
| Administration (FDA),
emergency contraception can |
16 |
| significantly reduce the risk of pregnancy if taken
within |
17 |
| 72 hours after the sexual assault.
|
18 |
| (4) By providing emergency contraception to rape |
19 |
| victims in a timely
manner, the trauma of rape can be |
20 |
| significantly reduced.
|
21 |
| (b) Within 120 days after the effective date of this |
22 |
| amendatory Act of the
92nd General Assembly, every hospital |
23 |
| providing services to alleged sexual
assault survivors in |
24 |
| accordance with a plan approved under Section 2 must
develop a |
|
|
|
HB1429 |
- 31 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| protocol that ensures that each survivor of sexual
assault will |
2 |
| receive medically and factually accurate and written and oral
|
3 |
| information about emergency contraception; the indications and
|
4 |
| counter-indications and risks associated with the use of |
5 |
| emergency
contraception;
and a description of how and when |
6 |
| victims may be provided emergency
contraception upon
the |
7 |
| written order of a physician licensed to practice medicine
in |
8 |
| all its branches, a practical nurse, a registered professional |
9 |
| nurse, an advanced practice nurse who has a written |
10 |
| collaborative agreement with a collaborating physician that |
11 |
| authorizes prescription of emergency contraception , or a |
12 |
| physician assistant who has been delegated authority to |
13 |
| prescribe emergency contraception. The Department shall |
14 |
| approve the protocol if it finds
that the implementation of the |
15 |
| protocol would provide sufficient protection
for survivors of |
16 |
| an alleged sexual assault.
|
17 |
| The hospital shall implement the protocol upon approval by |
18 |
| the Department.
The Department shall adopt rules and |
19 |
| regulations establishing one or more safe
harbor protocols and |
20 |
| setting minimum acceptable protocol standards that
hospitals |
21 |
| may develop and implement. The Department shall approve any |
22 |
| protocol
that meets those standards. The Department may provide |
23 |
| a sample acceptable
protocol upon request.
|
24 |
| (Source: P.A. 92-156, eff. 1-1-02; 93-962, eff. 8-20-04.)
|
25 |
| Section 35. The Illinois Controlled Substances Act is |
|
|
|
HB1429 |
- 32 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| amended by changing Sections 102 and 303.05 as follows: |
2 |
| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) |
3 |
| Sec. 102. Definitions. As used in this Act, unless the |
4 |
| context
otherwise requires:
|
5 |
| (a) "Addict" means any person who habitually uses any drug, |
6 |
| chemical,
substance or dangerous drug other than alcohol so as |
7 |
| to endanger the public
morals, health, safety or welfare or who |
8 |
| is so far addicted to the use of a
dangerous drug or controlled |
9 |
| substance other than alcohol as to have lost
the power of self |
10 |
| control with reference to his addiction.
|
11 |
| (b) "Administer" means the direct application of a |
12 |
| controlled
substance, whether by injection, inhalation, |
13 |
| ingestion, or any other
means, to the body of a patient, |
14 |
| research subject, or animal (as
defined by the Humane |
15 |
| Euthanasia in Animal Shelters Act) by:
|
16 |
| (1) a practitioner (or, in his presence, by his |
17 |
| authorized agent),
|
18 |
| (2) the patient or research subject at the lawful |
19 |
| direction of the
practitioner, or
|
20 |
| (3) a euthanasia technician as defined by the Humane |
21 |
| Euthanasia in
Animal Shelters Act.
|
22 |
| (c) "Agent" means an authorized person who acts on behalf |
23 |
| of or at
the direction of a manufacturer, distributor, or |
24 |
| dispenser. It does not
include a common or contract carrier, |
25 |
| public warehouseman or employee of
the carrier or warehouseman.
|
|
|
|
HB1429 |
- 33 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| (c-1) "Anabolic Steroids" means any drug or hormonal |
2 |
| substance,
chemically and pharmacologically related to |
3 |
| testosterone (other than
estrogens, progestins, and |
4 |
| corticosteroids) that promotes muscle growth,
and includes:
|
5 |
| (i) boldenone,
|
6 |
| (ii) chlorotestosterone,
|
7 |
| (iii) chostebol,
|
8 |
| (iv) dehydrochlormethyltestosterone,
|
9 |
| (v) dihydrotestosterone,
|
10 |
| (vi) drostanolone,
|
11 |
| (vii) ethylestrenol,
|
12 |
| (viii) fluoxymesterone,
|
13 |
| (ix) formebulone,
|
14 |
| (x) mesterolone,
|
15 |
| (xi) methandienone,
|
16 |
| (xii) methandranone,
|
17 |
| (xiii) methandriol,
|
18 |
| (xiv) methandrostenolone,
|
19 |
| (xv) methenolone,
|
20 |
| (xvi) methyltestosterone,
|
21 |
| (xvii) mibolerone,
|
22 |
| (xviii) nandrolone,
|
23 |
| (xix) norethandrolone,
|
24 |
| (xx) oxandrolone,
|
25 |
| (xxi) oxymesterone,
|
26 |
| (xxii) oxymetholone,
|
|
|
|
HB1429 |
- 34 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| (xxiii) stanolone,
|
2 |
| (xxiv) stanozolol,
|
3 |
| (xxv) testolactone,
|
4 |
| (xxvi) testosterone,
|
5 |
| (xxvii) trenbolone, and
|
6 |
| (xxviii) any salt, ester, or isomer of a drug or |
7 |
| substance described
or listed in this paragraph, if |
8 |
| that salt, ester, or isomer promotes muscle
growth.
|
9 |
| Any person who is otherwise lawfully in possession of an |
10 |
| anabolic
steroid, or who otherwise lawfully manufactures, |
11 |
| distributes, dispenses,
delivers, or possesses with intent to |
12 |
| deliver an anabolic steroid, which
anabolic steroid is |
13 |
| expressly intended for and lawfully allowed to be
administered |
14 |
| through implants to livestock or other nonhuman species, and
|
15 |
| which is approved by the Secretary of Health and Human Services |
16 |
| for such
administration, and which the person intends to |
17 |
| administer or have
administered through such implants, shall |
18 |
| not be considered to be in
unauthorized possession or to |
19 |
| unlawfully manufacture, distribute, dispense,
deliver, or |
20 |
| possess with intent to deliver such anabolic steroid for
|
21 |
| purposes of this Act.
|
22 |
| (d) "Administration" means the Drug Enforcement |
23 |
| Administration,
United States Department of Justice, or its |
24 |
| successor agency.
|
25 |
| (e) "Control" means to add a drug or other substance, or |
26 |
| immediate
precursor, to a Schedule under Article II of this Act |
|
|
|
HB1429 |
- 35 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| whether by
transfer from another Schedule or otherwise.
|
2 |
| (f) "Controlled Substance" means a drug, substance, or |
3 |
| immediate
precursor in the Schedules of Article II of this Act.
|
4 |
| (g) "Counterfeit substance" means a controlled substance, |
5 |
| which, or
the container or labeling of which, without |
6 |
| authorization bears the
trademark, trade name, or other |
7 |
| identifying mark, imprint, number or
device, or any likeness |
8 |
| thereof, of a manufacturer, distributor, or
dispenser other |
9 |
| than the person who in fact manufactured, distributed,
or |
10 |
| dispensed the substance.
|
11 |
| (h) "Deliver" or "delivery" means the actual, constructive |
12 |
| or
attempted transfer of possession of a controlled substance, |
13 |
| with or
without consideration, whether or not there is an |
14 |
| agency relationship.
|
15 |
| (i) "Department" means the Illinois Department of Human |
16 |
| Services (as
successor to the Department of Alcoholism and |
17 |
| Substance Abuse) or its successor agency.
|
18 |
| (j) "Department of State Police" means the Department of |
19 |
| State
Police of the State of Illinois or its successor agency.
|
20 |
| (k) "Department of Corrections" means the Department of |
21 |
| Corrections
of the State of Illinois or its successor agency.
|
22 |
| (l) "Department of Professional Regulation" means the |
23 |
| Department
of Professional Regulation of the State of Illinois |
24 |
| or its successor agency.
|
25 |
| (m) "Depressant" or "stimulant substance" means:
|
26 |
| (1) a drug which contains any quantity of (i) |
|
|
|
HB1429 |
- 36 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| barbituric acid or
any of the salts of barbituric acid |
2 |
| which has been designated as habit
forming under section |
3 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 |
4 |
| U.S.C. 352 (d)); or
|
5 |
| (2) a drug which contains any quantity of (i) |
6 |
| amphetamine or
methamphetamine and any of their optical |
7 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or |
8 |
| any salt of an optical isomer of
amphetamine; or (iii) any |
9 |
| substance which the Department, after
investigation, has |
10 |
| found to be, and by rule designated as, habit forming
|
11 |
| because of its depressant or stimulant effect on the |
12 |
| central nervous
system; or
|
13 |
| (3) lysergic acid diethylamide; or
|
14 |
| (4) any drug which contains any quantity of a substance |
15 |
| which the
Department, after investigation, has found to |
16 |
| have, and by rule
designated as having, a potential for |
17 |
| abuse because of its depressant or
stimulant effect on the |
18 |
| central nervous system or its hallucinogenic
effect.
|
19 |
| (n) (Blank).
|
20 |
| (o) "Director" means the Director of the Department of |
21 |
| State Police or
the Department of Professional Regulation or |
22 |
| his designated agents.
|
23 |
| (p) "Dispense" means to deliver a controlled substance to |
24 |
| an
ultimate user or research subject by or pursuant to the |
25 |
| lawful order of
a prescriber, including the prescribing, |
26 |
| administering, packaging,
labeling, or compounding necessary |
|
|
|
HB1429 |
- 37 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| to prepare the substance for that
delivery.
|
2 |
| (q) "Dispenser" means a practitioner who dispenses.
|
3 |
| (r) "Distribute" means to deliver, other than by |
4 |
| administering or
dispensing, a controlled substance.
|
5 |
| (s) "Distributor" means a person who distributes.
|
6 |
| (t) "Drug" means (1) substances recognized as drugs in the |
7 |
| official
United States Pharmacopoeia, Official Homeopathic |
8 |
| Pharmacopoeia of the
United States, or official National |
9 |
| Formulary, or any supplement to any
of them; (2) substances |
10 |
| intended for use in diagnosis, cure, mitigation,
treatment, or |
11 |
| prevention of disease in man or animals; (3) substances
(other |
12 |
| than food) intended to affect the structure of any function of
|
13 |
| the body of man or animals and (4) substances intended for use |
14 |
| as a
component of any article specified in clause (1), (2), or |
15 |
| (3) of this
subsection. It does not include devices or their |
16 |
| components, parts, or
accessories.
|
17 |
| (t-5) "Euthanasia agency" means
an entity certified by the |
18 |
| Department of Professional Regulation for the
purpose of animal |
19 |
| euthanasia that holds an animal control facility license or
|
20 |
| animal
shelter license under the Animal Welfare Act. A |
21 |
| euthanasia agency is
authorized to purchase, store, possess, |
22 |
| and utilize Schedule II nonnarcotic and
Schedule III |
23 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
|
24 |
| (t-10) "Euthanasia drugs" means Schedule II or Schedule III |
25 |
| substances
(nonnarcotic controlled substances) that are used |
26 |
| by a euthanasia agency for
the purpose of animal euthanasia.
|
|
|
|
HB1429 |
- 38 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| (u) "Good faith" means the prescribing or dispensing of a |
2 |
| controlled
substance by a practitioner in the regular course of |
3 |
| professional
treatment to or for any person who is under his |
4 |
| treatment for a
pathology or condition other than that |
5 |
| individual's physical or
psychological dependence upon or |
6 |
| addiction to a controlled substance,
except as provided herein: |
7 |
| and application of the term to a pharmacist
shall mean the |
8 |
| dispensing of a controlled substance pursuant to the
|
9 |
| prescriber's order which in the professional judgment of the |
10 |
| pharmacist
is lawful. The pharmacist shall be guided by |
11 |
| accepted professional
standards including, but not limited to |
12 |
| the following, in making the
judgment:
|
13 |
| (1) lack of consistency of doctor-patient |
14 |
| relationship,
|
15 |
| (2) frequency of prescriptions for same drug by one |
16 |
| prescriber for
large numbers of patients,
|
17 |
| (3) quantities beyond those normally prescribed,
|
18 |
| (4) unusual dosages,
|
19 |
| (5) unusual geographic distances between patient, |
20 |
| pharmacist and
prescriber,
|
21 |
| (6) consistent prescribing of habit-forming drugs.
|
22 |
| (u-1) "Home infusion services" means services provided by a |
23 |
| pharmacy in
compounding solutions for direct administration to |
24 |
| a patient in a private
residence, long-term care facility, or |
25 |
| hospice setting by means of parenteral,
intravenous, |
26 |
| intramuscular, subcutaneous, or intraspinal infusion.
|
|
|
|
HB1429 |
- 39 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| (v) "Immediate precursor" means a substance:
|
2 |
| (1) which the Department has found to be and by rule |
3 |
| designated as
being a principal compound used, or produced |
4 |
| primarily for use, in the
manufacture of a controlled |
5 |
| substance;
|
6 |
| (2) which is an immediate chemical intermediary used or |
7 |
| likely to
be used in the manufacture of such controlled |
8 |
| substance; and
|
9 |
| (3) the control of which is necessary to prevent, |
10 |
| curtail or limit
the manufacture of such controlled |
11 |
| substance.
|
12 |
| (w) "Instructional activities" means the acts of teaching, |
13 |
| educating
or instructing by practitioners using controlled |
14 |
| substances within
educational facilities approved by the State |
15 |
| Board of Education or
its successor agency.
|
16 |
| (x) "Local authorities" means a duly organized State, |
17 |
| County or
Municipal peace unit or police force.
|
18 |
| (y) "Look-alike substance" means a substance, other than a |
19 |
| controlled
substance which (1) by overall dosage unit |
20 |
| appearance, including shape,
color, size, markings or lack |
21 |
| thereof, taste, consistency, or any other
identifying physical |
22 |
| characteristic of the substance, would lead a reasonable
person |
23 |
| to believe that the substance is a controlled substance, or (2) |
24 |
| is
expressly or impliedly represented to be a controlled |
25 |
| substance or is
distributed under circumstances which would |
26 |
| lead a reasonable person to
believe that the substance is a |
|
|
|
HB1429 |
- 40 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| controlled substance. For the purpose of
determining whether |
2 |
| the representations made or the circumstances of the
|
3 |
| distribution would lead a reasonable person to believe the |
4 |
| substance to be
a controlled substance under this clause (2) of |
5 |
| subsection (y), the court or
other authority may consider the |
6 |
| following factors in addition to any other
factor that may be |
7 |
| relevant:
|
8 |
| (a) statements made by the owner or person in control |
9 |
| of the substance
concerning its nature, use or effect;
|
10 |
| (b) statements made to the buyer or recipient that the |
11 |
| substance may
be resold for profit;
|
12 |
| (c) whether the substance is packaged in a manner |
13 |
| normally used for the
illegal distribution of controlled |
14 |
| substances;
|
15 |
| (d) whether the distribution or attempted distribution |
16 |
| included an
exchange of or demand for money or other |
17 |
| property as consideration, and
whether the amount of the |
18 |
| consideration was substantially greater than the
|
19 |
| reasonable retail market value of the substance.
|
20 |
| Clause (1) of this subsection (y) shall not apply to a |
21 |
| noncontrolled
substance in its finished dosage form that was |
22 |
| initially introduced into
commerce prior to the initial |
23 |
| introduction into commerce of a controlled
substance in its |
24 |
| finished dosage form which it may substantially resemble.
|
25 |
| Nothing in this subsection (y) prohibits the dispensing or |
26 |
| distributing
of noncontrolled substances by persons authorized |
|
|
|
HB1429 |
- 41 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| to dispense and
distribute controlled substances under this |
2 |
| Act, provided that such action
would be deemed to be carried |
3 |
| out in good faith under subsection (u) if the
substances |
4 |
| involved were controlled substances.
|
5 |
| Nothing in this subsection (y) or in this Act prohibits the |
6 |
| manufacture,
preparation, propagation, compounding, |
7 |
| processing, packaging, advertising
or distribution of a drug or |
8 |
| drugs by any person registered pursuant to
Section 510 of the |
9 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
|
10 |
| (y-1) "Mail-order pharmacy" means a pharmacy that is |
11 |
| located in a state
of the United States, other than Illinois, |
12 |
| that delivers, dispenses or
distributes, through the United |
13 |
| States Postal Service or other common
carrier, to Illinois |
14 |
| residents, any substance which requires a prescription.
|
15 |
| (z) "Manufacture" means the production, preparation, |
16 |
| propagation,
compounding, conversion or processing of a |
17 |
| controlled substance other than methamphetamine, either
|
18 |
| directly or indirectly, by extraction from substances of |
19 |
| natural origin,
or independently by means of chemical |
20 |
| synthesis, or by a combination of
extraction and chemical |
21 |
| synthesis, and includes any packaging or
repackaging of the |
22 |
| substance or labeling of its container, except that
this term |
23 |
| does not include:
|
24 |
| (1) by an ultimate user, the preparation or compounding |
25 |
| of a
controlled substance for his own use; or
|
26 |
| (2) by a practitioner, or his authorized agent under |
|
|
|
HB1429 |
- 42 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| his
supervision, the preparation, compounding, packaging, |
2 |
| or labeling of a
controlled substance:
|
3 |
| (a) as an incident to his administering or |
4 |
| dispensing of a
controlled substance in the course of |
5 |
| his professional practice; or
|
6 |
| (b) as an incident to lawful research, teaching or |
7 |
| chemical
analysis and not for sale.
|
8 |
| (z-1) (Blank).
|
9 |
| (aa) "Narcotic drug" means any of the following, whether |
10 |
| produced
directly or indirectly by extraction from substances |
11 |
| of natural origin,
or independently by means of chemical |
12 |
| synthesis, or by a combination of
extraction and chemical |
13 |
| synthesis:
|
14 |
| (1) opium and opiate, and any salt, compound, |
15 |
| derivative, or
preparation of opium or opiate;
|
16 |
| (2) any salt, compound, isomer, derivative, or |
17 |
| preparation thereof
which is chemically equivalent or |
18 |
| identical with any of the substances
referred to in clause |
19 |
| (1), but not including the isoquinoline alkaloids
of opium;
|
20 |
| (3) opium poppy and poppy straw;
|
21 |
| (4) coca leaves and any salts, compound, isomer, salt |
22 |
| of an isomer,
derivative, or preparation of coca leaves |
23 |
| including cocaine or ecgonine,
and any salt, compound, |
24 |
| isomer, derivative, or preparation thereof which is
|
25 |
| chemically equivalent or identical with any of these |
26 |
| substances, but not
including decocainized coca leaves or |
|
|
|
HB1429 |
- 43 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| extractions of coca leaves which do
not contain cocaine or |
2 |
| ecgonine (for the purpose of this paragraph, the
term |
3 |
| "isomer" includes optical, positional and geometric |
4 |
| isomers).
|
5 |
| (bb) "Nurse" means a registered nurse licensed under the
|
6 |
| Nursing and Advanced Practice Nursing Act.
|
7 |
| (cc) (Blank).
|
8 |
| (dd) "Opiate" means any substance having an addiction |
9 |
| forming or
addiction sustaining liability similar to morphine |
10 |
| or being capable of
conversion into a drug having addiction |
11 |
| forming or addiction sustaining
liability.
|
12 |
| (ee) "Opium poppy" means the plant of the species Papaver
|
13 |
| somniferum L., except its seeds.
|
14 |
| (ff) "Parole and Pardon Board" means the Parole and Pardon |
15 |
| Board of
the State of Illinois or its successor agency.
|
16 |
| (gg) "Person" means any individual, corporation, |
17 |
| mail-order pharmacy,
government or governmental subdivision or |
18 |
| agency, business trust, estate,
trust, partnership or |
19 |
| association, or any other entity.
|
20 |
| (hh) "Pharmacist" means any person who holds a certificate |
21 |
| of
registration as a registered pharmacist, a local registered |
22 |
| pharmacist
or a registered assistant pharmacist under the |
23 |
| Pharmacy Practice Act of 1987.
|
24 |
| (ii) "Pharmacy" means any store, ship or other place in |
25 |
| which
pharmacy is authorized to be practiced under the Pharmacy |
26 |
| Practice Act of 1987.
|
|
|
|
HB1429 |
- 44 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| (jj) "Poppy straw" means all parts, except the seeds, of |
2 |
| the opium
poppy, after mowing.
|
3 |
| (kk) "Practitioner" means a physician licensed to practice |
4 |
| medicine in all
its branches, dentist, podiatrist,
|
5 |
| veterinarian, scientific investigator, pharmacist, physician |
6 |
| assistant,
advanced practice nurse,
licensed practical
nurse, |
7 |
| registered nurse, hospital, laboratory, or pharmacy, or other
|
8 |
| person licensed, registered, or otherwise lawfully permitted |
9 |
| by the
United States or this State to distribute, dispense, |
10 |
| conduct research
with respect to, administer or use in teaching |
11 |
| or chemical analysis, a
controlled substance in the course of |
12 |
| professional practice or research.
|
13 |
| (ll) "Pre-printed prescription" means a written |
14 |
| prescription upon which
the designated drug has been indicated |
15 |
| prior to the time of issuance.
|
16 |
| (mm) "Prescriber" means a physician licensed to practice |
17 |
| medicine in all
its branches, dentist, podiatrist , practical |
18 |
| nurse, registered professional nurse, advanced practice nurse,
|
19 |
| or
veterinarian who issues a prescription or , a physician |
20 |
| assistant who
issues a
prescription for a Schedule III, IV, or |
21 |
| V controlled substance
in accordance
with Section 303.05 and |
22 |
| the written guidelines required under Section 7.5
of the
|
23 |
| Physician Assistant Practice Act of 1987 , or an advanced |
24 |
| practice
nurse with prescriptive authority in accordance with |
25 |
| Section 303.05
and a written
collaborative agreement under |
26 |
| Sections 15-15 and 15-20 of
the Nursing and Advanced Practice |
|
|
|
HB1429 |
- 45 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| Nursing Act .
|
2 |
| (nn) "Prescription" means a lawful written, facsimile, or |
3 |
| verbal order
of
a physician licensed to practice medicine in |
4 |
| all its branches,
dentist, podiatrist , practical nurse, |
5 |
| registered professional nurse, advanced practice nurse, or |
6 |
| veterinarian for any controlled
substance or , of a physician |
7 |
| assistant for a Schedule III, IV, or V
controlled substance
in |
8 |
| accordance with Section 303.05 and the written guidelines |
9 |
| required under
Section 7.5 of the
Physician Assistant Practice |
10 |
| Act of 1987 , or of an advanced practice
nurse who issues a |
11 |
| prescription for a Schedule III, IV, or V
controlled substance |
12 |
| in accordance
with
Section 303.05 and a written collaborative |
13 |
| agreement under Sections 15-15
and
15-20 of the Nursing and |
14 |
| Advanced Practice Nursing Act .
|
15 |
| (oo) "Production" or "produce" means manufacture, |
16 |
| planting,
cultivating, growing, or harvesting of a controlled |
17 |
| substance other than methamphetamine.
|
18 |
| (pp) "Registrant" means every person who is required to |
19 |
| register
under Section 302 of this Act.
|
20 |
| (qq) "Registry number" means the number assigned to each |
21 |
| person
authorized to handle controlled substances under the |
22 |
| laws of the United
States and of this State.
|
23 |
| (rr) "State" includes the State of Illinois and any state, |
24 |
| district,
commonwealth, territory, insular possession thereof, |
25 |
| and any area
subject to the legal authority of the United |
26 |
| States of America.
|
|
|
|
HB1429 |
- 46 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| (ss) "Ultimate user" means a person who lawfully possesses |
2 |
| a
controlled substance for his own use or for the use of a |
3 |
| member of his
household or for administering to an animal owned |
4 |
| by him or by a member
of his household.
|
5 |
| (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; |
6 |
| 94-556, eff. 9-11-05.)
|
7 |
| (720 ILCS 570/303.05)
|
8 |
| Sec. 303.05. Mid-level practitioner registration.
|
9 |
| (a) The Department of Professional Regulation shall |
10 |
| register licensed
physician assistants and licensed advanced |
11 |
| practice nurses to prescribe and
dispense Schedule
III, IV, or |
12 |
| V controlled substances under Section 303 and euthanasia
|
13 |
| agencies to purchase, store, or administer euthanasia drugs |
14 |
| under the
following circumstances:
|
15 |
| (1) with respect to physician assistants or advanced |
16 |
| practice nurses ,
|
17 |
| (A) the physician assistant or advanced practice |
18 |
| nurse has been
delegated
prescriptive authority by a |
19 |
| physician licensed to practice medicine in all its
|
20 |
| branches in accordance with Section 7.5 of the |
21 |
| Physician Assistant Practice Act
of 1987 or Section |
22 |
| 15-20 of the Nursing and Advanced Practice Nursing Act ;
|
23 |
| and
|
24 |
| (B) the physician assistant or advanced practice |
25 |
| nurse has
completed the
appropriate application forms |
|
|
|
HB1429 |
- 47 - |
LRB095 10150 RAS 30364 b |
|
|
1 |
| and has paid the required fees as set by rule;
or
|
2 |
| (2) with respect to euthanasia agencies, the |
3 |
| euthanasia agency has
obtained a license from the |
4 |
| Department of
Professional Regulation and obtained a |
5 |
| registration number from the
Department.
|
6 |
| (b) The mid-level practitioner shall only be licensed to |
7 |
| prescribe those
schedules of controlled substances for which a |
8 |
| licensed physician has delegated
prescriptive authority, |
9 |
| except that a euthanasia agency does not have any
prescriptive |
10 |
| authority.
|
11 |
| (c) Upon completion of all registration requirements, |
12 |
| physician
assistants , advanced practice nurses, and euthanasia |
13 |
| agencies shall be issued a
mid-level practitioner
controlled |
14 |
| substances license for Illinois.
|
15 |
| (Source: P.A. 93-626, eff. 12-23-03.)
|