Full Text of HB5898 96th General Assembly
HB5898 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5898
Introduced 2/10/2010, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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225 ILCS 15/2 |
from Ch. 111, par. 5352 |
225 ILCS 15/5.1 new |
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225 ILCS 15/5.2 new |
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225 ILCS 15/5.3 new |
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225 ILCS 15/5.4 new |
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225 ILCS 15/5.5 new |
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225 ILCS 15/5.6 new |
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225 ILCS 15/5.7 new |
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225 ILCS 15/5.8 new |
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225 ILCS 15/15 |
from Ch. 111, par. 5365 |
225 ILCS 65/50-10 | was 225 ILCS 65/5-10 |
720 ILCS 570/102 |
from Ch. 56 1/2, par. 1102 |
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Amends the Clinical Psychologist Licensing Act. Provides that the Clinical Psychologists
Licensing and Disciplinary Board shall grant certification as medical psychologists to doctoral level psychologists licensed under the Act who meet the additional education and training requirements under the Act, and that this certification shall grant medical psychologists prescriptive authority to prescribe and dispense those drugs used in the
treatment of mental, emotional, and psychological disorders. Sets forth provisions concerning the additional education and training requirements, application requirements, renewal, prescribing practices, controlled substance prescriptive authority, and State Board of Pharmacy interaction.
Amends the Nurse Practice Act and the Illinois Controlled Substances Act to make related changes.
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A BILL FOR
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HB5898 |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Clinical Psychologist Licensing Act is | 5 |
| amended by changing Sections 2 and 15 and by adding Sections | 6 |
| 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, and 5.8 as follows:
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| (225 ILCS 15/2) (from Ch. 111, par. 5352)
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| (Section scheduled to be repealed on January 1, 2017)
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| Sec. 2. Definitions. As used in this Act:
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| (1) "Department" means the Department of Financial and
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| Professional Regulation.
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| (2) "Secretary" means the Secretary
of Financial and | 13 |
| Professional Regulation.
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| (3) "Board" means the Clinical Psychologists Licensing
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| and
Disciplinary
Board appointed by the Secretary.
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| (4) "Person" means an individual, association, | 17 |
| partnership or corporation.
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| (5) "Clinical psychology" means the independent
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| 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
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| aspects of physical illness. The practice of clinical |
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| 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
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| 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.
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| (6) A person represents himself to be a "clinical | 11 |
| psychologist" within
the meaning of this Act when he or she | 12 |
| holds himself out to the public by
any title or description | 13 |
| of services incorporating the words "psychological",
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| "psychologic", "psychologist", "psychology", or "clinical | 15 |
| psychologist" or
under such title or description offers to | 16 |
| render or renders clinical
psychological services as | 17 |
| defined in paragraph (7) of this Section to
individuals, | 18 |
| corporations, or the public for remuneration.
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| (7) "Clinical psychological services" refers to any | 20 |
| services under
paragraph (5) of this Section if the words | 21 |
| "psychological", "psychologic",
"psychologist", | 22 |
| "psychology" or "clinical psychologist" are used to
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| describe such services by the person or
organization | 24 |
| offering to render or rendering them.
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| (8) "Drugs" has the meaning given to that term in the | 26 |
| Pharmacy Practice Act of 1987. |
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| (9) "Medicines" has the meaning given to that term in | 2 |
| the Pharmacy Practice Act of 1987. | 3 |
| (10) "Prescription" means an order for a drug, | 4 |
| laboratory test, or any medicines, devices, or
treatments, | 5 |
| including controlled substances, as defined
by State law. | 6 |
| (11) "Prescriptive authority" means the authority to | 7 |
| prescribe and dispense drugs, medicines, or other | 8 |
| treatment procedures. | 9 |
| (12) "Medical psychologist" means a licensed, doctoral | 10 |
| level psychologist who has undergone specialized training, | 11 |
| has passed an examination accepted by the Board, and has | 12 |
| received a current certificate granting prescriptive | 13 |
| authority that has not been revoked or suspended from the | 14 |
| Board. | 15 |
| This Act shall not apply to persons lawfully carrying on | 16 |
| their particular
profession or business under any valid | 17 |
| existing regulatory Act of the State.
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| (Source: P.A. 94-870, eff. 6-16-06.)
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| (225 ILCS 15/5.1 new) | 20 |
| Sec. 5.1. Certification to prescribe drugs. The Board shall | 21 |
| certify medical psychologists to prescribe and dispense drugs | 22 |
| under the direction of a supervising physician. The medical | 23 |
| psychologist shall prescribe only those drugs which are used in | 24 |
| the treatment of mental, emotional and psychological disorders | 25 |
| in accordance with applicable State and federal laws which are |
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| approved by the FDA for the treatment of any condition in the | 2 |
| most recent edition of the Diagnostic and Treatment Manual of | 3 |
| the American Psychiatric Association. The medical psychologist | 4 |
| shall prescribe only those drugs for which the medical | 5 |
| psychologist has been trained and which have been approved by | 6 |
| the medical psychologist's supervising physician. Only | 7 |
| conditions listed in the Diagnostic and Statistical Manual of | 8 |
| the American Psychiatric Association shall be treated using | 9 |
| drugs by the Prescribing Psychologist. | 10 |
| (225 ILCS 15/5.2 new) | 11 |
| Sec. 5.2. Application requirements for prescriptive
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| authority. | 13 |
| (a) The Department shall grant certification to a | 14 |
| psychologist who applies for prescriptive authority and | 15 |
| demonstrates by official transcript or other official evidence | 16 |
| satisfactory to the Board all of the following: | 17 |
| (1) completion of a doctoral program in psychology from | 18 |
| a regionally-accredited university or professional school | 19 |
| or, if the program is not accredited at the time of | 20 |
| graduation, completion of a doctoral program in
psychology | 21 |
| that meets recognized acceptable professional standards as | 22 |
| determined by the Board; | 23 |
| (2) that he or she holds a current license to practice | 24 |
| psychology in the State;
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| (3) completion of an organized program of intensive |
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| didactic instruction as defined by the Board within the | 2 |
| 5-year period immediately before the date of application, | 3 |
| consisting of a minimum of 300 contact hours and consisting | 4 |
| of the following core areas of instruction: neuroscience, | 5 |
| pharmacology, psychopharmacology, physiology, | 6 |
| pathophysiology, appropriate and relevant physical and | 7 |
| laboratory assessment, and clinical pharmacotherapeutics; | 8 |
| (4) that he or she has obtained supervised and relevant | 9 |
| clinical experience sufficient to achieve competency in | 10 |
| the treatment of a diverse patient
population under the | 11 |
| direction of qualified practitioners, as determined by the | 12 |
| Board, within the 5-year period immediately preceding the | 13 |
| date of application that includes the pharmacological | 14 |
| treatment of a minimum of 100 patients under the full | 15 |
| supervision and control of a designated qualified | 16 |
| practitioner, who will then certify the clinical | 17 |
| competency of the candidate for certification; and that he | 18 |
| or she has had a minimum of 80 hours of supervised training | 19 |
| in physical assessment under the full supervision and | 20 |
| control of a designated qualified practitioner, and | 21 |
| (5) that he or she has passed a certifying examination | 22 |
| stipulated by the Board. | 23 |
| (b) The Department shall grant certification to a | 24 |
| psychologist who applies for prescriptive authority, has | 25 |
| completed the requirements specified in subsection (a), except | 26 |
| that the academic requirements in paragraph (3) of
subsection |
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| (a) have been met more than 5 years prior to the application | 2 |
| for prescriptive authority, and has completed 12 hours of | 3 |
| continuing education during the year immediately prior to | 4 |
| application as required by subsection (b) of Section 5.3 of | 5 |
| this Act. | 6 |
| (225 ILCS 15/5.3 new) | 7 |
| Sec. 5.3. Renewal of prescriptive authority. | 8 |
| (a) The Board shall establish by rule a method for the
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| annual renewal of prescriptive authority at the time of or in
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| conjunction with the renewal of clinical psychology licenses. | 11 |
| (b) Each applicant for renewal of prescriptive authority
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| shall present satisfactory evidence to the Board demonstrating
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| the completion of 12 required hours of instruction relevant
to | 14 |
| prescriptive authority during the year prior to
application for | 15 |
| renewal. | 16 |
| (225 ILCS 15/5.4 new) | 17 |
| Sec. 5.4. Prescribing practices. | 18 |
| (a) Every prescription by a medical psychologist shall | 19 |
| comply with all applicable State and federal laws, be | 20 |
| identified as issued by the psychologist as a "medical | 21 |
| psychologist", and shall include the prescriber's | 22 |
| identification number assigned by the Board. | 23 |
| (b) Records of all prescriptions shall be maintained in
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| patient records. |
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| (c) A medical psychologist shall not delegate the | 2 |
| prescribing of drugs to any other person. | 3 |
| (d) A medical psychologist shall maintain an ongoing | 4 |
| collaborative relationship with the health care practitioner | 5 |
| who oversees the patient's general medical care to ensure that | 6 |
| necessary medical examinations are conducted, the psychotropic | 7 |
| medication is appropriate for the patient's medical condition | 8 |
| and significant changes in the patient's medical or | 9 |
| psychological condition are discussed. | 10 |
| (e) For the purpose of this Section: "collaborative | 11 |
| relationship" means a cooperative working relationship between | 12 |
| a prescribing clinical psychologist and a health care | 13 |
| practitioner in the provision of patient care, including | 14 |
| diagnosis and cooperation in the management and delivery of | 15 |
| physical and mental health care; and "health care practitioner" | 16 |
| means a physician, osteopathic physician or nurse | 17 |
| practitioner. | 18 |
| (225 ILCS 15/5.5 new) | 19 |
| Sec. 5.5. Controlled substance prescriptive authority. | 20 |
| (a) When authorized to prescribe controlled substances, | 21 |
| each psychologist certified to prescribe shall file in a timely | 22 |
| manner any and all individual Drug Enforcement Administration | 23 |
| (DEA) registrations and numbers with the Board. Medical | 24 |
| Psychologists shall be designated as Mid-Level Practitioners, | 25 |
| shall be prohibited from prescribing narcotics and shall be |
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| limited to the prescription of those drugs which appear on | 2 |
| Schedule 2N, 3N, 4 and 5 of the Federal Drug Enforcement | 3 |
| Agency's Schedule of Controlled Substances. | 4 |
| (b) The Board shall maintain current records of every | 5 |
| medical psychologist, including DEA registration and numbers. | 6 |
| (225 ILCS 15/5.6 new) | 7 |
| Sec. 5.6. Interaction with the Illinois State Board of
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| Pharmacy. | 9 |
| (a) The Board shall transmit to the Illinois State Board of | 10 |
| Pharmacy an annual list of medical psychologists containing the | 11 |
| following information: | 12 |
| (1) the name of the medical psychologist; | 13 |
| (2) the name and license number of the medical | 14 |
| psychologist's Supervising Physician and the supervising | 15 |
| physician's License Number; | 16 |
| (3) the medical psychologist's identification number | 17 |
| assigned by the Board; and | 18 |
| (4) the effective date of prescriptive authority. | 19 |
| (b) The Board shall promptly forward to the Illinois State | 20 |
| Board of Pharmacy the names and titles of psychologists added | 21 |
| to or deleted from the annual list of medical
psychologists. | 22 |
| (c) The Board shall notify the Illinois State Board of | 23 |
| Pharmacy in a timely manner upon termination, suspension, or | 24 |
| reinstatement of a psychologist's prescriptive authority. |
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| (225 ILCS 15/5.7 new) | 2 |
| Sec. 5.7. Collaboration with the patient's primary care | 3 |
| provider. The medical psychologist shall obtain approval from a | 4 |
| patient’s primary care provider prior to starting, altering or | 5 |
| discontinuing any medication except in the case of an | 6 |
| emergency. In the case of an emergency the medical psychologist | 7 |
| shall obtain the approval of the patient’s physician as quickly | 8 |
| as possible. The medical psychologist shall collaborate with | 9 |
| the patient’s primary care provider while continuing to | 10 |
| practice under the supervision of the medical psychologist's | 11 |
| supervising physician. | 12 |
| Nothing in this Act shall limit the medical psychologist in | 13 |
| the practice of non-pharmacologic clinical psychology as | 14 |
| defined in the Psychology Licensing Act. | 15 |
| The Board shall develop and implement procedures for | 16 |
| reviewing educational and training credentials for that | 17 |
| certification process in accordance with current standards of | 18 |
| professional practice. The Board may seek the advice of other | 19 |
| State agencies with relevant experience in devising the | 20 |
| certification procedures and criteria. | 21 |
| (225 ILCS 15/5.8 new) | 22 |
| Sec. 5.8. Agreement with a supervising physician. The | 23 |
| medical psychologist shall practice the management of | 24 |
| psychotropic
medications under the supervision of a physician, | 25 |
| licensed in the State, who is experienced in the management of |
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| medications used in the
treatment of mental disorders. For the | 2 |
| management of psychotropic medication,
the medical | 3 |
| psychologist will: | 4 |
| (a) Obtain a written supervisory agreement that shall | 5 |
| describe the working relationship of the medical psychologist | 6 |
| with the supervising physician and shall authorize the | 7 |
| conditions to be treated and treatment protocols procedures to | 8 |
| be performed by the medical psychologist. The treatment to be | 9 |
| provided by the medical psychologist as defined by the | 10 |
| supervisory agreement shall be services that the supervising | 11 |
| physician generally provides to his or her patients in the | 12 |
| normal course of his or her clinical medical practice. The | 13 |
| agreement need not describe the exact steps that the Medical | 14 |
| Psychologist must take with respect to each specific condition, | 15 |
| disease, or symptom, but must specify which authorized | 16 |
| procedures require the Physician’s approval prior to | 17 |
| proceeding. The supervisory relationship under an agreement | 18 |
| shall not be construed to require the personal presence of a | 19 |
| physician nor to require that the medical psychologist be | 20 |
| employed by the supervising physician. | 21 |
| (b) Maintain a copy of the signed, written supervisory | 22 |
| agreement which must be available to the Board upon request | 23 |
| from both the medical psychologist and the supervising | 24 |
| physician and shall be annually updated. The medical | 25 |
| psychologist shall inform each supervising physician of all | 26 |
| collaborative agreements he or she has signed and provide a |
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| copy of these to any supervising physician, upon request. The | 2 |
| supervisory agreement must be renewed annually and signed by | 3 |
| both the supervising physician and the medical psychologist.
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| (225 ILCS 15/15) (from Ch. 111, par. 5365)
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| (Section scheduled to be repealed on January 1, 2017)
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| Sec. 15. Disciplinary action; grounds. | 7 |
| (a) The Department may refuse to
issue, refuse to renew, | 8 |
| suspend,
or revoke any license, or may place on probation, | 9 |
| censure, reprimand, or
take other disciplinary action deemed | 10 |
| appropriate by the Department,
including the imposition of | 11 |
| fines not to exceed $10,000 for each violation,
with regard to | 12 |
| any license issued under the provisions of this Act for any
one | 13 |
| or a combination of the following reasons:
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| (1) Conviction of, or entry of a plea of guilty or nolo | 15 |
| contendere to, any crime that is a felony under the laws of
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| the United
States or any state or territory thereof or that | 17 |
| is a misdemeanor
of which an
essential element is | 18 |
| dishonesty, or any crime that
is
directly
related to the | 19 |
| practice of the profession.
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| (2) Gross negligence in the rendering of clinical | 21 |
| psychological
services.
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| (3) Using fraud or making any misrepresentation in | 23 |
| applying for a license
or in passing the examination | 24 |
| provided for in this Act.
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| (4) Aiding or abetting or conspiring to aid or abet a |
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| person, not a
clinical psychologist licensed under this | 2 |
| Act, in representing himself or
herself as
so licensed or | 3 |
| in applying for a license under this Act.
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| (5) Violation of any provision of this Act or the rules | 5 |
| promulgated
thereunder.
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| (6) Professional connection or association with any | 7 |
| person, firm,
association, partnership or corporation | 8 |
| holding himself, herself,
themselves, or
itself out in any | 9 |
| manner contrary to this Act.
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| (7) Unethical, unauthorized or unprofessional conduct | 11 |
| as defined by rule.
In establishing those rules, the | 12 |
| Department shall consider, though is not
bound by, the | 13 |
| ethical standards for psychologists promulgated by | 14 |
| recognized
national psychology associations.
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| (8) Aiding or assisting another person in violating any | 16 |
| provisions of this
Act or the rules promulgated thereunder.
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| (9) Failing to provide, within 60 days, information in | 18 |
| response to a
written request made by the Department.
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| (10) Habitual or excessive use or addiction to alcohol, | 20 |
| narcotics,
stimulants, or any other chemical agent or drug | 21 |
| that results in a
clinical
psychologist's inability to | 22 |
| practice with reasonable judgment, skill or
safety.
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| (11) Discipline by another state, territory, the | 24 |
| District of Columbia or
foreign country, if at least one of | 25 |
| the grounds for the discipline is the
same or substantially | 26 |
| equivalent to those set forth herein.
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| (12) Directly or indirectly giving or receiving from | 2 |
| any person, firm,
corporation, association or partnership | 3 |
| any fee, commission, rebate or
other form of compensation | 4 |
| for any professional service not actually or
personally | 5 |
| rendered.
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| (13) A finding by the Board that the licensee, after
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| having his or her
license placed on probationary status has | 8 |
| violated the terms of
probation.
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| (14) Willfully making or filing false records or | 10 |
| reports, including but
not limited to, false records or | 11 |
| reports filed with State agencies or
departments.
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| (15) Physical illness, including but not limited to, | 13 |
| deterioration through
the aging process, mental illness or | 14 |
| disability that results in
the inability to practice the | 15 |
| profession
with reasonable judgment, skill and safety.
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| (16) Willfully failing to report an instance of | 17 |
| suspected child abuse or
neglect as required by the Abused | 18 |
| and Neglected Child Reporting Act.
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| (17) Being named as a perpetrator in an indicated | 20 |
| report by the Department
of Children and Family Services | 21 |
| pursuant to the Abused and Neglected Child
Reporting Act, | 22 |
| and upon proof by clear and convincing evidence that the
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| licensee has caused a child to be an abused child or | 24 |
| neglected child as defined
in the Abused and Neglected | 25 |
| Child Reporting Act.
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| (18) Violation of the Health Care Worker Self-Referral |
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| Act.
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| (19) Making a material misstatement in furnishing | 3 |
| information to the
Department, any other State or federal | 4 |
| agency, or any other entity.
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| (20) Failing to report to the Department any adverse | 6 |
| judgment, settlement, or award arising from a liability | 7 |
| claim related to an act or conduct similar to an act or | 8 |
| conduct that would constitute grounds for action as set | 9 |
| forth in this Section. | 10 |
| (21) Failing to report to the Department any adverse | 11 |
| final action taken against a licensee or applicant by | 12 |
| another licensing jurisdiction, including any other state | 13 |
| or territory of the United States or any foreign state or | 14 |
| country, or any peer review body, health care institution, | 15 |
| professional society or association related to the | 16 |
| profession, governmental agency, law enforcement agency, | 17 |
| or court for an act or conduct similar to an act or conduct | 18 |
| that would constitute grounds for disciplinary action as | 19 |
| set forth in this Section.
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| The entry of an order by any circuit court establishing | 21 |
| that any person
holding a license under this Act is subject to | 22 |
| involuntary admission or
judicial admission as provided for in | 23 |
| the Mental Health and Developmental
Disabilities Code, | 24 |
| operates as an automatic suspension of that license. That
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| person may have his or her license restored only upon the | 26 |
| determination by
a circuit
court that the patient is no longer |
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| subject to involuntary admission or
judicial admission and the | 2 |
| issuance of an order so finding and discharging the
patient and | 3 |
| upon the Board's recommendation to the
Department that the
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| license be restored. Where the circumstances so indicate, the | 5 |
| Board may
recommend to the Department that it require an | 6 |
| examination prior to restoring
any license so automatically | 7 |
| suspended.
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| The Department may refuse to issue or may suspend the | 9 |
| license of any person
who fails to file a return, or to pay the | 10 |
| tax, penalty or interest shown in
a filed return, or to pay any | 11 |
| final assessment of the tax penalty or
interest, as required by | 12 |
| any tax Act administered by the Illinois
Department of Revenue, | 13 |
| until such time as the requirements of any such tax
Act are | 14 |
| satisfied.
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| In enforcing this Section, the Board upon a showing of a | 16 |
| possible
violation may compel any person licensed to practice | 17 |
| under this Act, or
who has applied for licensure or | 18 |
| certification pursuant to this Act, to submit
to a mental or | 19 |
| physical examination, or both, as required by and at the | 20 |
| expense
of the Department. The examining physicians or clinical | 21 |
| psychologists
shall be those specifically designated by the | 22 |
| Board.
The Board or the Department may order the examining | 23 |
| physician or clinical
psychologist to present testimony | 24 |
| concerning this mental or physical
examination
of the licensee | 25 |
| or applicant. No information shall be excluded by reason of
any | 26 |
| common law or statutory privilege relating to communications |
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| between the
licensee or applicant and the examining physician | 2 |
| or clinical psychologist.
The person to be examined may have, | 3 |
| at his or her own expense, another
physician or clinical | 4 |
| psychologist of his or her choice present during all
aspects of | 5 |
| the examination. Failure of any person to submit to a mental or
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| physical examination, when directed, shall be grounds for | 7 |
| suspension of a
license until the person submits to the | 8 |
| examination if the Board finds,
after notice and hearing, that | 9 |
| the refusal to submit to the examination was
without reasonable | 10 |
| cause.
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| If the Board finds a person unable to practice because of | 12 |
| the reasons
set forth in this Section, the Board may require | 13 |
| that person to submit to
care, counseling or treatment by | 14 |
| physicians or clinical psychologists approved
or designated by | 15 |
| the Board, as a condition, term, or restriction for continued,
| 16 |
| reinstated, or
renewed licensure to practice; or, in lieu of | 17 |
| care, counseling or treatment,
the
Board may recommend to the | 18 |
| Department to file a complaint to immediately
suspend, revoke | 19 |
| or otherwise discipline the license of the person.
Any person | 20 |
| whose
license was granted, continued, reinstated, renewed, | 21 |
| disciplined or supervised
subject to such terms, conditions or | 22 |
| restrictions, and who fails to comply with
such terms, | 23 |
| conditions or restrictions, shall be referred to the Secretary | 24 |
| for a
determination as to whether the person shall have his or | 25 |
| her license
suspended immediately, pending a hearing by the | 26 |
| Board.
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| In instances in which the Secretary immediately suspends a | 2 |
| person's license
under this Section, a hearing on that person's | 3 |
| license must be convened by
the Board within 15 days after the | 4 |
| suspension and completed without appreciable
delay.
The Board | 5 |
| shall have the authority to review the subject person's record | 6 |
| of
treatment and counseling regarding the impairment, to the | 7 |
| extent permitted by
applicable federal statutes and | 8 |
| regulations safeguarding the confidentiality of
medical | 9 |
| records.
| 10 |
| A person licensed under this Act and affected under this | 11 |
| Section shall
be
afforded an opportunity to demonstrate to the | 12 |
| Board that he or she can resume
practice in compliance with | 13 |
| acceptable and prevailing standards under the
provisions of his | 14 |
| or her license.
| 15 |
| (b) The Board shall prescribe by rule criteria for
| 16 |
| disciplining, suspending, or revoking the prescriptive
| 17 |
| authority of a medical psychologist. The
Board shall have the | 18 |
| power and duty to require remediation,
suspension, or | 19 |
| revocation of a psychologist's prescriptive
authority for a | 20 |
| specified period of time to be determined at
the discretion of | 21 |
| the Board in accordance with State
law. | 22 |
| (Source: P.A. 94-870, eff. 6-16-06.)
| 23 |
| Section 10. The Nurse Practice Act is amended by changing | 24 |
| Section 50-10 as follows:
|
|
|
|
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LRB096 17941 ASK 33309 b |
|
| 1 |
| (225 ILCS 65/50-10)
(was 225 ILCS 65/5-10)
| 2 |
| (Section scheduled to be repealed on January 1, 2018)
| 3 |
| Sec. 50-10. Definitions. Each of the following terms, when | 4 |
| used
in this Act, shall have the meaning ascribed to it in this | 5 |
| Section, except
where the context clearly indicates otherwise:
| 6 |
| "Academic year" means the customary annual schedule of | 7 |
| courses at a
college, university, or approved school, | 8 |
| customarily regarded as the school
year as distinguished from | 9 |
| the calendar year.
| 10 |
| "Advanced practice nurse" or "APN" means a person who has | 11 |
| met the qualifications for a (i) certified nurse midwife (CNM); | 12 |
| (ii) certified nurse practitioner (CNP); (iii) certified | 13 |
| registered nurse anesthetist (CRNA); or (iv) clinical nurse | 14 |
| specialist (CNS) and has been licensed by the Department. All | 15 |
| advanced practice nurses licensed and practicing in the State | 16 |
| of Illinois shall use the title APN and may use speciality | 17 |
| credentials after their name.
| 18 |
| "Approved program of professional nursing education" and | 19 |
| "approved
program of practical nursing education" are programs | 20 |
| of professional or
practical nursing, respectively, approved | 21 |
| by the Department under the
provisions of this Act.
| 22 |
| "Board" means the Board of Nursing appointed by the | 23 |
| Secretary. | 24 |
| "Collaboration" means a process involving 2 or more health | 25 |
| care professionals working together, each contributing one's | 26 |
| respective area of expertise to provide more comprehensive |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| patient care. | 2 |
| "Consultation" means the process whereby an advanced | 3 |
| practice nurse seeks the advice or opinion of another health | 4 |
| care professional. | 5 |
| "Credentialed" means the process of assessing and | 6 |
| validating the qualifications of a health care professional. | 7 |
| "Current nursing practice update course" means a planned | 8 |
| nursing education curriculum approved by the Department | 9 |
| consisting of activities that have educational objectives, | 10 |
| instructional methods, content or subject matter, clinical | 11 |
| practice, and evaluation methods, related to basic review and | 12 |
| updating content and specifically planned for those nurses | 13 |
| previously licensed in the United States or its territories and | 14 |
| preparing for reentry into nursing practice. | 15 |
| "Dentist" means a person licensed to practice dentistry | 16 |
| under the Illinois Dental Practice Act. | 17 |
| "Department" means the Department of Financial and | 18 |
| Professional Regulation. | 19 |
| "Impaired nurse" means a nurse licensed under this Act who | 20 |
| is unable to practice with reasonable skill and safety because | 21 |
| of a physical or mental disability as evidenced by a written | 22 |
| determination or written consent based on clinical evidence, | 23 |
| including loss of motor skills, abuse of drugs or alcohol, or a | 24 |
| psychiatric disorder, of sufficient degree to diminish his or | 25 |
| her ability to deliver competent patient care. | 26 |
| "License-pending advanced practice nurse" means a |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| registered professional nurse who has completed all | 2 |
| requirements for licensure as an advanced practice nurse except | 3 |
| the certification examination and has applied to take the next | 4 |
| available certification exam and received a temporary license | 5 |
| from the Department. | 6 |
| "License-pending registered nurse" means a person who has | 7 |
| passed the Department-approved registered nurse licensure exam | 8 |
| and has applied for a license from the Department. A | 9 |
| license-pending registered nurse shall use the title "RN lic | 10 |
| pend" on all documentation related to nursing practice. | 11 |
| "Physician" means a person licensed to practice medicine in | 12 |
| all its branches under the Medical Practice Act of 1987. | 13 |
| "Podiatrist" means a person licensed to practice podiatry | 14 |
| under the Podiatric Medical Practice Act of 1987.
| 15 |
| "Practical nurse" or "licensed practical nurse" means a | 16 |
| person who is
licensed as a practical nurse under this Act and | 17 |
| practices practical
nursing as defined in this Act. Only a | 18 |
| practical nurse
licensed under this Act is entitled to use the | 19 |
| title "licensed practical
nurse" and the abbreviation | 20 |
| "L.P.N.".
| 21 |
| "Practical nursing" means the performance of
nursing acts | 22 |
| requiring the basic nursing knowledge, judgement, and skill
| 23 |
| acquired by means of completion of an approved practical | 24 |
| nursing education
program. Practical nursing includes | 25 |
| assisting in the nursing process as
delegated by a registered | 26 |
| professional nurse or an advanced practice nurse. The
practical |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| nurse may work under the direction of a licensed physician, | 2 |
| dentist,
podiatrist, or other health care professional | 3 |
| determined by the Department.
| 4 |
| "Privileged" means the authorization granted by the | 5 |
| governing body of a healthcare facility, agency, or | 6 |
| organization to provide specific patient care services within | 7 |
| well-defined limits, based on qualifications reviewed in the | 8 |
| credentialing process.
| 9 |
| "Registered Nurse" or "Registered Professional Nurse" | 10 |
| means a person
who is licensed as a professional nurse under | 11 |
| this Act and practices
nursing as defined in
this Act. Only a | 12 |
| registered
nurse licensed under this Act is entitled to use the
| 13 |
| titles "registered nurse" and "registered professional nurse" | 14 |
| and the
abbreviation, "R.N.".
| 15 |
| "Registered professional nursing practice" is a scientific | 16 |
| process founded on a professional body of knowledge; it is a | 17 |
| learned profession based on the understanding of the human | 18 |
| condition across the life span and environment and
includes all
| 19 |
| nursing
specialities and means the performance of any nursing | 20 |
| act based upon
professional knowledge, judgment, and skills | 21 |
| acquired by means of completion
of an approved professional | 22 |
| nursing education program. A registered
professional nurse | 23 |
| provides holistic nursing care through the nursing process
to | 24 |
| individuals, groups, families, or communities, that includes | 25 |
| but is not
limited to: (1) the assessment of healthcare needs, | 26 |
| nursing diagnosis,
planning, implementation, and nursing |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| evaluation; (2) the promotion,
maintenance, and restoration of | 2 |
| health; (3) counseling, patient education,
health education, | 3 |
| and patient advocacy; (4) the administration of medications
and | 4 |
| treatments as prescribed by a physician licensed to practice | 5 |
| medicine in
all of its branches, a licensed dentist, a licensed | 6 |
| podiatrist, a medical psychologist, or a licensed
optometrist | 7 |
| or as prescribed by a physician assistant in accordance with
| 8 |
| written guidelines required under the Physician Assistant | 9 |
| Practice Act of 1987
or by an advanced practice nurse in | 10 |
| accordance with Article 65 of this Act; (5) the
coordination | 11 |
| and management of the nursing plan of care; (6) the delegation | 12 |
| to
and supervision of individuals who assist the registered | 13 |
| professional nurse
implementing the plan of care; and (7) | 14 |
| teaching nursing
students. The foregoing shall not be deemed to | 15 |
| include
those acts of medical diagnosis or prescription of | 16 |
| therapeutic or
corrective measures.
| 17 |
| "Professional assistance program for nurses" means a | 18 |
| professional
assistance program that meets criteria | 19 |
| established by the Board of Nursing
and approved by the | 20 |
| Secretary, which provides a non-disciplinary treatment
| 21 |
| approach for nurses licensed under this Act whose ability to | 22 |
| practice is
compromised by alcohol or chemical substance | 23 |
| addiction.
| 24 |
| "Secretary" means the Secretary of Financial and | 25 |
| Professional Regulation. | 26 |
| "Unencumbered license" means a license issued in good |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| standing. | 2 |
| "Written collaborative agreement" means a written | 3 |
| agreement between an advanced practice nurse and a | 4 |
| collaborating physician, dentist, or podiatrist pursuant to | 5 |
| Section 65-35.
| 6 |
| (Source: P.A. 95-639, eff. 10-5-07.)
| 7 |
| Section 20. The Illinois Controlled Substances Act is | 8 |
| amended by changing Section 102 as follows: | 9 |
| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 10 |
| Sec. 102. Definitions. As used in this Act, unless the | 11 |
| context
otherwise requires:
| 12 |
| (a) "Addict" means any person who habitually uses any drug, | 13 |
| chemical,
substance or dangerous drug other than alcohol so as | 14 |
| to endanger the public
morals, health, safety or welfare or who | 15 |
| is so far addicted to the use of a
dangerous drug or controlled | 16 |
| substance other than alcohol as to have lost
the power of self | 17 |
| control with reference to his addiction.
| 18 |
| (b) "Administer" means the direct application of a | 19 |
| controlled
substance, whether by injection, inhalation, | 20 |
| ingestion, or any other
means, to the body of a patient, | 21 |
| research subject, or animal (as
defined by the Humane | 22 |
| Euthanasia in Animal Shelters Act) by:
| 23 |
| (1) a practitioner (or, in his presence, by his | 24 |
| authorized agent),
|
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| (2) the patient or research subject at the lawful | 2 |
| direction of the
practitioner, or
| 3 |
| (3) a euthanasia technician as defined by the Humane | 4 |
| Euthanasia in
Animal Shelters Act.
| 5 |
| (c) "Agent" means an authorized person who acts on behalf | 6 |
| of or at
the direction of a manufacturer, distributor, or | 7 |
| dispenser. It does not
include a common or contract carrier, | 8 |
| public warehouseman or employee of
the carrier or warehouseman.
| 9 |
| (c-1) "Anabolic Steroids" means any drug or hormonal | 10 |
| substance,
chemically and pharmacologically related to | 11 |
| testosterone (other than
estrogens, progestins, and | 12 |
| corticosteroids) that promotes muscle growth,
and includes:
| 13 |
| (i) boldenone,
| 14 |
| (ii) chlorotestosterone,
| 15 |
| (iii) chostebol,
| 16 |
| (iv) dehydrochlormethyltestosterone,
| 17 |
| (v) dihydrotestosterone,
| 18 |
| (vi) drostanolone,
| 19 |
| (vii) ethylestrenol,
| 20 |
| (viii) fluoxymesterone,
| 21 |
| (ix) formebulone,
| 22 |
| (x) mesterolone,
| 23 |
| (xi) methandienone,
| 24 |
| (xii) methandranone,
| 25 |
| (xiii) methandriol,
| 26 |
| (xiv) methandrostenolone,
|
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| (xv) methenolone,
| 2 |
| (xvi) methyltestosterone,
| 3 |
| (xvii) mibolerone,
| 4 |
| (xviii) nandrolone,
| 5 |
| (xix) norethandrolone,
| 6 |
| (xx) oxandrolone,
| 7 |
| (xxi) oxymesterone,
| 8 |
| (xxii) oxymetholone,
| 9 |
| (xxiii) stanolone,
| 10 |
| (xxiv) stanozolol,
| 11 |
| (xxv) testolactone,
| 12 |
| (xxvi) testosterone,
| 13 |
| (xxvii) trenbolone, and
| 14 |
| (xxviii) any salt, ester, or isomer of a drug or | 15 |
| substance described
or listed in this paragraph, if | 16 |
| that salt, ester, or isomer promotes muscle
growth.
| 17 |
| Any person who is otherwise lawfully in possession of an | 18 |
| anabolic
steroid, or who otherwise lawfully manufactures, | 19 |
| distributes, dispenses,
delivers, or possesses with intent to | 20 |
| deliver an anabolic steroid, which
anabolic steroid is | 21 |
| expressly intended for and lawfully allowed to be
administered | 22 |
| through implants to livestock or other nonhuman species, and
| 23 |
| which is approved by the Secretary of Health and Human Services | 24 |
| for such
administration, and which the person intends to | 25 |
| administer or have
administered through such implants, shall | 26 |
| not be considered to be in
unauthorized possession or to |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| unlawfully manufacture, distribute, dispense,
deliver, or | 2 |
| possess with intent to deliver such anabolic steroid for
| 3 |
| purposes of this Act.
| 4 |
| (d) "Administration" means the Drug Enforcement | 5 |
| Administration,
United States Department of Justice, or its | 6 |
| successor agency.
| 7 |
| (e) "Control" means to add a drug or other substance, or | 8 |
| immediate
precursor, to a Schedule under Article II of this Act | 9 |
| whether by
transfer from another Schedule or otherwise.
| 10 |
| (f) "Controlled Substance" means a drug, substance, or | 11 |
| immediate
precursor in the Schedules of Article II of this Act.
| 12 |
| (g) "Counterfeit substance" means a controlled substance, | 13 |
| which, or
the container or labeling of which, without | 14 |
| authorization bears the
trademark, trade name, or other | 15 |
| identifying mark, imprint, number or
device, or any likeness | 16 |
| thereof, of a manufacturer, distributor, or
dispenser other | 17 |
| than the person who in fact manufactured, distributed,
or | 18 |
| dispensed the substance.
| 19 |
| (h) "Deliver" or "delivery" means the actual, constructive | 20 |
| or
attempted transfer of possession of a controlled substance, | 21 |
| with or
without consideration, whether or not there is an | 22 |
| agency relationship.
| 23 |
| (i) "Department" means the Illinois Department of Human | 24 |
| Services (as
successor to the Department of Alcoholism and | 25 |
| Substance Abuse) or its successor agency.
| 26 |
| (j) "Department of State Police" means the Department of |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| State
Police of the State of Illinois or its successor agency.
| 2 |
| (k) "Department of Corrections" means the Department of | 3 |
| Corrections
of the State of Illinois or its successor agency.
| 4 |
| (l) "Department of Professional Regulation" means the | 5 |
| Department
of Professional Regulation of the State of Illinois | 6 |
| or its successor agency.
| 7 |
| (m) "Depressant" or "stimulant substance" means:
| 8 |
| (1) a drug which contains any quantity of (i) | 9 |
| barbituric acid or
any of the salts of barbituric acid | 10 |
| which has been designated as habit
forming under section | 11 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | 12 |
| U.S.C. 352 (d)); or
| 13 |
| (2) a drug which contains any quantity of (i) | 14 |
| amphetamine or
methamphetamine and any of their optical | 15 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or | 16 |
| any salt of an optical isomer of
amphetamine; or (iii) any | 17 |
| substance which the Department, after
investigation, has | 18 |
| found to be, and by rule designated as, habit forming
| 19 |
| because of its depressant or stimulant effect on the | 20 |
| central nervous
system; or
| 21 |
| (3) lysergic acid diethylamide; or
| 22 |
| (4) any drug which contains any quantity of a substance | 23 |
| which the
Department, after investigation, has found to | 24 |
| have, and by rule
designated as having, a potential for | 25 |
| abuse because of its depressant or
stimulant effect on the | 26 |
| central nervous system or its hallucinogenic
effect.
|
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| (n) (Blank).
| 2 |
| (o) "Director" means the Director of the Department of | 3 |
| State Police or
the Department of Professional Regulation or | 4 |
| his designated agents.
| 5 |
| (p) "Dispense" means to deliver a controlled substance to | 6 |
| an
ultimate user or research subject by or pursuant to the | 7 |
| lawful order of
a prescriber, including the prescribing, | 8 |
| administering, packaging,
labeling, or compounding necessary | 9 |
| to prepare the substance for that
delivery.
| 10 |
| (q) "Dispenser" means a practitioner who dispenses.
| 11 |
| (r) "Distribute" means to deliver, other than by | 12 |
| administering or
dispensing, a controlled substance.
| 13 |
| (s) "Distributor" means a person who distributes.
| 14 |
| (t) "Drug" means (1) substances recognized as drugs in the | 15 |
| official
United States Pharmacopoeia, Official Homeopathic | 16 |
| Pharmacopoeia of the
United States, or official National | 17 |
| Formulary, or any supplement to any
of them; (2) substances | 18 |
| intended for use in diagnosis, cure, mitigation,
treatment, or | 19 |
| prevention of disease in man or animals; (3) substances
(other | 20 |
| than food) intended to affect the structure of any function of
| 21 |
| the body of man or animals and (4) substances intended for use | 22 |
| as a
component of any article specified in clause (1), (2), or | 23 |
| (3) of this
subsection. It does not include devices or their | 24 |
| components, parts, or
accessories.
| 25 |
| (t-5) "Euthanasia agency" means
an entity certified by the | 26 |
| Department of Professional Regulation for the
purpose of animal |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| euthanasia that holds an animal control facility license or
| 2 |
| animal
shelter license under the Animal Welfare Act. A | 3 |
| euthanasia agency is
authorized to purchase, store, possess, | 4 |
| and utilize Schedule II nonnarcotic and
Schedule III | 5 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
| 6 |
| (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 7 |
| substances
(nonnarcotic controlled substances) that are used | 8 |
| by a euthanasia agency for
the purpose of animal euthanasia.
| 9 |
| (u) "Good faith" means the prescribing or dispensing of a | 10 |
| controlled
substance by a practitioner in the regular course of | 11 |
| professional
treatment to or for any person who is under his | 12 |
| treatment for a
pathology or condition other than that | 13 |
| individual's physical or
psychological dependence upon or | 14 |
| addiction to a controlled substance,
except as provided herein: | 15 |
| and application of the term to a pharmacist
shall mean the | 16 |
| dispensing of a controlled substance pursuant to the
| 17 |
| prescriber's order which in the professional judgment of the | 18 |
| pharmacist
is lawful. The pharmacist shall be guided by | 19 |
| accepted professional
standards including, but not limited to | 20 |
| the following, in making the
judgment:
| 21 |
| (1) lack of consistency of doctor-patient | 22 |
| relationship,
| 23 |
| (2) frequency of prescriptions for same drug by one | 24 |
| prescriber for
large numbers of patients,
| 25 |
| (3) quantities beyond those normally prescribed,
| 26 |
| (4) unusual dosages,
|
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| (5) unusual geographic distances between patient, | 2 |
| pharmacist and
prescriber,
| 3 |
| (6) consistent prescribing of habit-forming drugs.
| 4 |
| (u-1) "Home infusion services" means services provided by a | 5 |
| pharmacy in
compounding solutions for direct administration to | 6 |
| a patient in a private
residence, long-term care facility, or | 7 |
| hospice setting by means of parenteral,
intravenous, | 8 |
| intramuscular, subcutaneous, or intraspinal infusion.
| 9 |
| (v) "Immediate precursor" means a substance:
| 10 |
| (1) which the Department has found to be and by rule | 11 |
| designated as
being a principal compound used, or produced | 12 |
| primarily for use, in the
manufacture of a controlled | 13 |
| substance;
| 14 |
| (2) which is an immediate chemical intermediary used or | 15 |
| likely to
be used in the manufacture of such controlled | 16 |
| substance; and
| 17 |
| (3) the control of which is necessary to prevent, | 18 |
| curtail or limit
the manufacture of such controlled | 19 |
| substance.
| 20 |
| (w) "Instructional activities" means the acts of teaching, | 21 |
| educating
or instructing by practitioners using controlled | 22 |
| substances within
educational facilities approved by the State | 23 |
| Board of Education or
its successor agency.
| 24 |
| (x) "Local authorities" means a duly organized State, | 25 |
| County or
Municipal peace unit or police force.
| 26 |
| (y) "Look-alike substance" means a substance, other than a |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| controlled
substance which (1) by overall dosage unit | 2 |
| appearance, including shape,
color, size, markings or lack | 3 |
| thereof, taste, consistency, or any other
identifying physical | 4 |
| characteristic of the substance, would lead a reasonable
person | 5 |
| to believe that the substance is a controlled substance, or (2) | 6 |
| is
expressly or impliedly represented to be a controlled | 7 |
| substance or is
distributed under circumstances which would | 8 |
| lead a reasonable person to
believe that the substance is a | 9 |
| controlled substance. For the purpose of
determining whether | 10 |
| the representations made or the circumstances of the
| 11 |
| distribution would lead a reasonable person to believe the | 12 |
| substance to be
a controlled substance under this clause (2) of | 13 |
| subsection (y), the court or
other authority may consider the | 14 |
| following factors in addition to any other
factor that may be | 15 |
| relevant:
| 16 |
| (a) statements made by the owner or person in control | 17 |
| of the substance
concerning its nature, use or effect;
| 18 |
| (b) statements made to the buyer or recipient that the | 19 |
| substance may
be resold for profit;
| 20 |
| (c) whether the substance is packaged in a manner | 21 |
| normally used for the
illegal distribution of controlled | 22 |
| substances;
| 23 |
| (d) whether the distribution or attempted distribution | 24 |
| included an
exchange of or demand for money or other | 25 |
| property as consideration, and
whether the amount of the | 26 |
| consideration was substantially greater than the
|
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| reasonable retail market value of the substance.
| 2 |
| Clause (1) of this subsection (y) shall not apply to a | 3 |
| noncontrolled
substance in its finished dosage form that was | 4 |
| initially introduced into
commerce prior to the initial | 5 |
| introduction into commerce of a controlled
substance in its | 6 |
| finished dosage form which it may substantially resemble.
| 7 |
| Nothing in this subsection (y) prohibits the dispensing or | 8 |
| distributing
of noncontrolled substances by persons authorized | 9 |
| to dispense and
distribute controlled substances under this | 10 |
| Act, provided that such action
would be deemed to be carried | 11 |
| out in good faith under subsection (u) if the
substances | 12 |
| involved were controlled substances.
| 13 |
| Nothing in this subsection (y) or in this Act prohibits the | 14 |
| manufacture,
preparation, propagation, compounding, | 15 |
| processing, packaging, advertising
or distribution of a drug or | 16 |
| drugs by any person registered pursuant to
Section 510 of the | 17 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 18 |
| (y-1) "Mail-order pharmacy" means a pharmacy that is | 19 |
| located in a state
of the United States, other than Illinois, | 20 |
| that delivers, dispenses or
distributes, through the United | 21 |
| States Postal Service or other common
carrier, to Illinois | 22 |
| residents, any substance which requires a prescription.
| 23 |
| (z) "Manufacture" means the production, preparation, | 24 |
| propagation,
compounding, conversion or processing of a | 25 |
| controlled substance other than methamphetamine, either
| 26 |
| directly or indirectly, by extraction from substances of |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| natural origin,
or independently by means of chemical | 2 |
| synthesis, or by a combination of
extraction and chemical | 3 |
| synthesis, and includes any packaging or
repackaging of the | 4 |
| substance or labeling of its container, except that
this term | 5 |
| does not include:
| 6 |
| (1) by an ultimate user, the preparation or compounding | 7 |
| of a
controlled substance for his own use; or
| 8 |
| (2) by a practitioner, or his authorized agent under | 9 |
| his
supervision, the preparation, compounding, packaging, | 10 |
| or labeling of a
controlled substance:
| 11 |
| (a) as an incident to his administering or | 12 |
| dispensing of a
controlled substance in the course of | 13 |
| his professional practice; or
| 14 |
| (b) as an incident to lawful research, teaching or | 15 |
| chemical
analysis and not for sale.
| 16 |
| (z-1) (Blank).
| 17 |
| (aa) "Narcotic drug" means any of the following, whether | 18 |
| produced
directly or indirectly by extraction from substances | 19 |
| of natural origin,
or independently by means of chemical | 20 |
| synthesis, or by a combination of
extraction and chemical | 21 |
| synthesis:
| 22 |
| (1) opium and opiate, and any salt, compound, | 23 |
| derivative, or
preparation of opium or opiate;
| 24 |
| (2) any salt, compound, isomer, derivative, or | 25 |
| preparation thereof
which is chemically equivalent or | 26 |
| identical with any of the substances
referred to in clause |
|
|
|
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LRB096 17941 ASK 33309 b |
|
| 1 |
| (1), but not including the isoquinoline alkaloids
of opium;
| 2 |
| (3) opium poppy and poppy straw;
| 3 |
| (4) coca leaves and any salts, compound, isomer, salt | 4 |
| of an isomer,
derivative, or preparation of coca leaves | 5 |
| including cocaine or ecgonine,
and any salt, compound, | 6 |
| isomer, derivative, or preparation thereof which is
| 7 |
| chemically equivalent or identical with any of these | 8 |
| substances, but not
including decocainized coca leaves or | 9 |
| extractions of coca leaves which do
not contain cocaine or | 10 |
| ecgonine (for the purpose of this paragraph, the
term | 11 |
| "isomer" includes optical, positional and geometric | 12 |
| isomers).
| 13 |
| (bb) "Nurse" means a registered nurse licensed under the
| 14 |
| Nurse Practice Act.
| 15 |
| (cc) (Blank).
| 16 |
| (dd) "Opiate" means any substance having an addiction | 17 |
| forming or
addiction sustaining liability similar to morphine | 18 |
| or being capable of
conversion into a drug having addiction | 19 |
| forming or addiction sustaining
liability.
| 20 |
| (ee) "Opium poppy" means the plant of the species Papaver
| 21 |
| somniferum L., except its seeds.
| 22 |
| (ff) "Parole and Pardon Board" means the Parole and Pardon | 23 |
| Board of
the State of Illinois or its successor agency.
| 24 |
| (gg) "Person" means any individual, corporation, | 25 |
| mail-order pharmacy,
government or governmental subdivision or | 26 |
| agency, business trust, estate,
trust, partnership or |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| association, or any other entity.
| 2 |
| (hh) "Pharmacist" means any person who holds a license or | 3 |
| certificate of
registration as a registered pharmacist, a local | 4 |
| registered pharmacist
or a registered assistant pharmacist | 5 |
| under the Pharmacy Practice Act.
| 6 |
| (ii) "Pharmacy" means any store, ship or other place in | 7 |
| which
pharmacy is authorized to be practiced under the Pharmacy | 8 |
| Practice Act.
| 9 |
| (jj) "Poppy straw" means all parts, except the seeds, of | 10 |
| the opium
poppy, after mowing.
| 11 |
| (kk) "Practitioner" means a physician licensed to practice | 12 |
| medicine in all
its branches, dentist, optometrist, | 13 |
| podiatrist,
veterinarian, medical psychologist under the | 14 |
| Clinical Psychologist Licensing Act, scientific investigator, | 15 |
| pharmacist, physician assistant,
advanced practice nurse,
| 16 |
| licensed practical
nurse, registered nurse, hospital, | 17 |
| laboratory, or pharmacy, or other
person licensed, registered, | 18 |
| or otherwise lawfully permitted by the
United States or this | 19 |
| State to distribute, dispense, conduct research
with respect | 20 |
| to, administer or use in teaching or chemical analysis, a
| 21 |
| controlled substance in the course of professional practice or | 22 |
| research.
| 23 |
| (ll) "Pre-printed prescription" means a written | 24 |
| prescription upon which
the designated drug has been indicated | 25 |
| prior to the time of issuance.
| 26 |
| (mm) "Prescriber" means a physician licensed to practice |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| medicine in all
its branches, dentist, optometrist, | 2 |
| podiatrist , medical psychologist under the Clinical | 3 |
| Psychologist Licensing Act, or
veterinarian who issues a | 4 |
| prescription, a physician assistant who
issues a
prescription | 5 |
| for a controlled substance
in accordance
with Section 303.05, a | 6 |
| written delegation, and a written supervision agreement | 7 |
| required under Section 7.5
of the
Physician Assistant Practice | 8 |
| Act of 1987, or an advanced practice
nurse with prescriptive | 9 |
| authority delegated under Section 65-40 of the Nurse Practice | 10 |
| Act and in accordance with Section 303.05, a written | 11 |
| delegation,
and a written
collaborative agreement under | 12 |
| Section 65-35 of the Nurse Practice Act.
| 13 |
| (nn) "Prescription" means a lawful written, facsimile, or | 14 |
| verbal order
of
a physician licensed to practice medicine in | 15 |
| all its branches,
dentist, podiatrist or veterinarian for any | 16 |
| controlled
substance, of an optometrist for a Schedule III, IV, | 17 |
| or V controlled substance in accordance with Section 15.1 of | 18 |
| the Illinois Optometric Practice Act of 1987, of a physician | 19 |
| assistant for a
controlled substance
in accordance with Section | 20 |
| 303.05, a written delegation, and a written supervision | 21 |
| agreement required under
Section 7.5 of the
Physician Assistant | 22 |
| Practice Act of 1987, or of an advanced practice
nurse with | 23 |
| prescriptive authority delegated under Section 65-40 of the | 24 |
| Nurse Practice Act who issues a prescription for a
controlled | 25 |
| substance in accordance
with
Section 303.05, a written | 26 |
| delegation, and a written collaborative agreement under |
|
|
|
HB5898 |
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LRB096 17941 ASK 33309 b |
|
| 1 |
| Section 65-35 of the Nurse Practice Act.
| 2 |
| (oo) "Production" or "produce" means manufacture, | 3 |
| planting,
cultivating, growing, or harvesting of a controlled | 4 |
| substance other than methamphetamine.
| 5 |
| (pp) "Registrant" means every person who is required to | 6 |
| register
under Section 302 of this Act.
| 7 |
| (qq) "Registry number" means the number assigned to each | 8 |
| person
authorized to handle controlled substances under the | 9 |
| laws of the United
States and of this State.
| 10 |
| (rr) "State" includes the State of Illinois and any state, | 11 |
| district,
commonwealth, territory, insular possession thereof, | 12 |
| and any area
subject to the legal authority of the United | 13 |
| States of America.
| 14 |
| (ss) "Ultimate user" means a person who lawfully possesses | 15 |
| a
controlled substance for his own use or for the use of a | 16 |
| member of his
household or for administering to an animal owned | 17 |
| by him or by a member
of his household.
| 18 |
| (Source: P.A. 95-242, eff. 1-1-08; 95-639, eff. 10-5-07; | 19 |
| 95-689, eff. 10-29-07; 95-876, eff. 8-21-08; 96-189, eff. | 20 |
| 8-10-09; 96-268, eff. 8-11-09.)
|
|