Full Text of SB2187 98th General Assembly
SB2187ham002 98TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 5/2/2014
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| 1 | | AMENDMENT TO SENATE BILL 2187
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2187, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Clinical Psychologist Licensing Act is | 6 | | amended by changing Sections 2 and 7 and by adding Sections | 7 | | 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, and 4.8 as follows:
| 8 | | (225 ILCS 15/2) (from Ch. 111, par. 5352)
| 9 | | (Section scheduled to be repealed on January 1, 2017)
| 10 | | Sec. 2. Definitions. As used in this Act:
| 11 | | (1) "Department" means the Department of Financial and
| 12 | | Professional Regulation.
| 13 | | (2) "Secretary" means the Secretary
of Financial and | 14 | | Professional Regulation.
| 15 | | (3) "Board" means the Clinical Psychologists Licensing
| 16 | | and
Disciplinary
Board appointed by the Secretary.
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| 1 | | (4) "Person" means an individual, association, | 2 | | partnership or corporation.
| 3 | | (5) "Clinical psychology" means the independent
| 4 | | evaluation, classification and treatment of mental, | 5 | | emotional, behavioral
or nervous disorders or conditions, | 6 | | developmental disabilities, alcoholism
and substance | 7 | | abuse, disorders of habit or conduct, the psychological
| 8 | | aspects of physical illness. The practice of clinical | 9 | | psychology includes
psychoeducational evaluation, therapy, | 10 | | remediation and consultation, the
use of psychological and | 11 | | neuropsychological testing, assessment,
psychotherapy, | 12 | | psychoanalysis, hypnosis, biofeedback, and behavioral
| 13 | | modification when any of these are used for the purpose of | 14 | | preventing or
eliminating psychopathology, or for the | 15 | | amelioration of psychological
disorders of individuals or | 16 | | groups. "Clinical psychology" does not include
the use of | 17 | | hypnosis by unlicensed persons
pursuant to Section 3.
| 18 | | (6) A person represents himself to be a "clinical | 19 | | psychologist" or "psychologist" within
the meaning of this | 20 | | Act when he or she holds himself out to the public by
any | 21 | | title or description of services incorporating the words | 22 | | "psychological",
"psychologic", "psychologist", | 23 | | "psychology", or "clinical psychologist" or
under such | 24 | | title or description offers to render or renders clinical
| 25 | | psychological services as defined in paragraph (7) of this | 26 | | Section to
individuals, corporations, or the public for |
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| 1 | | remuneration.
| 2 | | (7) "Clinical psychological services" refers to any | 3 | | services under
paragraph (5) of this Section if the words | 4 | | "psychological", "psychologic",
"psychologist", | 5 | | "psychology" or "clinical psychologist" are used to
| 6 | | describe such services by the person or
organization | 7 | | offering to render or rendering them.
| 8 | | (8) "Prescribing psychologist" means a licensed, | 9 | | doctoral level psychologist who has undergone specialized | 10 | | training, has passed an examination accepted by the Board, | 11 | | and has received a current license granting prescriptive | 12 | | authority that has not been revoked or suspended from the | 13 | | Board. | 14 | | (9) "Prescriptive authority" means the authority to | 15 | | prescribe, administer, discontinue, or distribute, without | 16 | | charge, drugs, medicines, or other treatment procedures. | 17 | | (10) "Prescription" means an order for a drug, | 18 | | laboratory test, or any medicines, including controlled | 19 | | substances as defined in the Illinois Controlled | 20 | | Substances Act, devices, or treatments. | 21 | | (11) "Drugs" has the meaning given to that term in the | 22 | | Pharmacy Practice Act. | 23 | | (12) "Medicines" has the meaning given to that term in | 24 | | the Pharmacy Practice Act. | 25 | | (13) "Cross-indicated drug" means a drug that is used | 26 | | for a purpose generally held to be reasonable, appropriate, |
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| 1 | | and within the community standards of practice even though | 2 | | the use is not included in the federal Food and Drug | 3 | | Administration's approved labeled indications for the | 4 | | drug. | 5 | | This Act shall not apply to persons lawfully carrying on | 6 | | their particular
profession or business under any valid | 7 | | existing regulatory Act of the State.
| 8 | | (Source: P.A. 94-870, eff. 6-16-06.)
| 9 | | (225 ILCS 15/4.1 new) | 10 | | Sec. 4.1. Prescribing psychologist licensure; prescriptive | 11 | | authority. The Board shall grant licensure as prescribing | 12 | | psychologists to doctoral level psychologists licensed under | 13 | | this Act, including prescriptive authority to prescribe and | 14 | | dispense drugs in accordance with Sections 4.2 and 4.3 of this | 15 | | Act. The Board shall develop and implement procedures and | 16 | | criteria for reviewing educational and training credentials | 17 | | for the licensure process in accordance with current standards | 18 | | of professional practice. | 19 | | (225 ILCS 15/4.2 new) | 20 | | Sec. 4.2. Conditional prescription license. | 21 | | (a) A psychologist may apply to the Board for a conditional | 22 | | prescription license, which shall be valid for a period of 2 | 23 | | years. The Board may extend the duration of a conditional | 24 | | prescription license pending the issuance of a prescription |
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| 1 | | license issued under Section 4.3 of this Act. The application | 2 | | for a conditional prescription license shall be made on a form | 3 | | approved by the Board and be accompanied by evidence | 4 | | satisfactory to the Board that the applicant: | 5 | | (1) has completed a doctoral program in psychology from | 6 | | a regionally accredited university or professional school | 7 | | or, if the program is not accredited at the time of | 8 | | graduation, completion of a doctoral program in psychology | 9 | | that meets recognized acceptable professional standards as | 10 | | determined by the Board; | 11 | | (2) holds a current and valid license to practice | 12 | | clinical psychology in the State; | 13 | | (3) has graduated with a master's degree in clinical | 14 | | psychopharmacology from a regionally accredited | 15 | | institution that requires students to possess sufficient | 16 | | knowledge of human biology, anatomy, physiology, | 17 | | biochemistry, neuroanatomy, and psychopharmacology to | 18 | | ensure an adequate foundation for the completion of the | 19 | | master's degree; the curriculum shall meet the standards | 20 | | established by the National Register and the Association of | 21 | | State and Provincial Psychology Boards, including: | 22 | | (A) a range of training experiences at different | 23 | | health care facility sites; and | 24 | | (B) instruction in: | 25 | | (i) neurosciences, including neuroanatomy, | 26 | | neurophysiology, and neurochemistry; |
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| 1 | | (ii) pharmacology and psychopharmacology, | 2 | | including pharmacology, clinical pharmacology, | 3 | | psychopharmacology, developmental | 4 | | psychopharmacology, and chemical dependence; | 5 | | (iii) pathophysiology, including normal | 6 | | anatomy and physiological processes, common | 7 | | pathological states, cardiovascular, renal, | 8 | | hepatic, gastrointestinal, neural, and endocrine | 9 | | functions, bioavailability and biodisposition of | 10 | | drugs, variability in drug bioavailability and | 11 | | disposition based upon ethnic and cultural | 12 | | differences, variability in response due to age, | 13 | | gender, disability, and ethnic differences, | 14 | | medical conditions affecting biodisposition, and | 15 | | side effects, including contraindications; | 16 | | (iv) physical and laboratory assessment, | 17 | | including familiarity with medical charts, | 18 | | physical exams, and laboratory and radiological | 19 | | examinations; | 20 | | (v) pharmacotherapeutics, including | 21 | | pharmacotherapeutic interactions, psychotherapy | 22 | | and pharmacotherapy interactions, drug | 23 | | interactions, compliance maintenance programs, | 24 | | computer-based aids to practice, and | 25 | | pharmacoepidemiology; | 26 | | (vi) professional, legal, ethical, and |
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| 1 | | interprofessional issues relevant to the practice | 2 | | of psychology involving psychopharmacology; | 3 | | (vii) continuous quality improvement processes | 4 | | and measures; and | 5 | | (viii) clinical outcomes research. | 6 | | (4) within the 5 years immediately preceding the date | 7 | | of application, has been certified by the applicant's | 8 | | supervising physician, who is authorized to prescribe | 9 | | psychotropic medication, has experience with a full range | 10 | | of complex mental disorders and a mix of diagnoses, and | 11 | | generally prescribes psychotropic medication to his or her | 12 | | patients in the normal course of his or her clinical | 13 | | medical practice, and one other expert in clinical | 14 | | psychopharmacology, which may be the Director of Training | 15 | | of a clinical psychopharmacology training program, as | 16 | | having successfully completed a supervised and relevant | 17 | | clinical experience approved by the Board of no less than | 18 | | an 80-hour practicum in clinical assessment and | 19 | | pathophysiology and an additional supervised practicum of | 20 | | at least 400 hours treating no fewer than 100 patients with | 21 | | a full range of complex mental disorders and a mix of | 22 | | diagnoses; both practica shall be supervised by an | 23 | | appropriately trained physician who is authorized to | 24 | | prescribe psychotropic medication, has experience with a | 25 | | full range of complex mental disorders and a mix of | 26 | | diagnoses, and generally prescribes psychotropic |
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| 1 | | medication to his or her patients in the normal course of | 2 | | his or her clinical medical practice and determined by the | 3 | | Board as competent to train the applicant in the treatment | 4 | | of a diverse patient population; both practica shall take | 5 | | place in a health care setting, with a portion of the | 6 | | clinical experience occurring in one or more of the | 7 | | following settings: | 8 | | (A) correctional facilities; | 9 | | (B) federally qualified health centers, as defined | 10 | | in the federal Social Security Act (42 U.S.C. 1396d); | 11 | | (C) community service agencies serving the | 12 | | seriously mentally ill; | 13 | | (D) local, State, or federal facilities; or | 14 | | (E) shelters or any other facilities serving the | 15 | | needs of survivors of domestic violence. | 16 | | (5) has passed an examination authorized by the Board | 17 | | to determine his or her fitness to receive a license; | 18 | | (6) has sufficient malpractice insurance to satisfy | 19 | | the rules adopted by the Board that will cover the | 20 | | applicant during the period the conditional prescription | 21 | | license is in effect; | 22 | | (7) has an agreement with one or more of the health | 23 | | care settings described in paragraph (4) of subsection (a) | 24 | | of this Section with regard to services; and | 25 | | (8) meets all other requirements, as determined by rule | 26 | | of the Board, for obtaining a conditional prescription |
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| 1 | | license. | 2 | | (b) The Board shall issue a conditional prescription | 3 | | license if it finds that the applicant has met the requirements | 4 | | of subsection (a) of this Section. | 5 | | (c) A psychologist with a conditional prescription license | 6 | | may only prescribe psychotropic medication pursuant to Section | 7 | | 4.5 of this Act under the supervision of a licensed physician | 8 | | who is authorized to prescribe psychotropic medication, has | 9 | | experience with a full range of complex mental disorders and a | 10 | | mix of diagnoses, and generally prescribes psychotropic | 11 | | medication to his or her patients in the normal course of his | 12 | | or her clinical medical practice in such a manner that reflects | 13 | | the clinical focus of the conditional prescribing psychologist | 14 | | subject to the following conditions: | 15 | | (1) the psychologist shall continue to hold a current | 16 | | license to practice psychology in Illinois and continue to | 17 | | maintain malpractice insurance; | 18 | | (2) the psychologist shall inform the Board of the name | 19 | | of the physician under whose supervision the psychologist | 20 | | will prescribe psychotropic medication and promptly inform | 21 | | the Board of any change of the supervising physician; and | 22 | | (3) a physician supervising a psychologist prescribing | 23 | | psychotropic medication under a conditional prescription | 24 | | license shall inform the Board that he or she is | 25 | | supervising the psychologist. | 26 | | (d) A written supervision agreement between a psychologist |
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| 1 | | and his or her supervising physician is required for all | 2 | | psychologists practicing under a conditional prescription | 3 | | license issued pursuant to this Section. A supervising | 4 | | physician shall delegate prescriptive authority to a | 5 | | conditionally licensed prescribing psychologist as part of a | 6 | | written supervision agreement. | 7 | | (e) The written supervision agreement shall govern the | 8 | | working relationship between the psychologist and his or her | 9 | | supervising physician during the supervision period. | 10 | | Supervision does not require an employment relationship | 11 | | between the supervising physician and psychologist. | 12 | | (f) Methods of communication shall be available for | 13 | | consultation with the supervising physician in person or by | 14 | | telecommunications in accordance with established written | 15 | | guidelines as set forth in the supervision agreement. | 16 | | (g) The psychologist shall provide his or her supervising | 17 | | physician with all relevant information that is necessary for | 18 | | the supervising physician to adequately supervise the | 19 | | psychologist's training under this Section. | 20 | | (h) Supervision under all supervision agreements shall be | 21 | | adequate if the supervising physician does each of the | 22 | | following: | 23 | | (1) consults with the psychologist in order to discuss | 24 | | a patient's history, diagnoses, medication choices, dosage | 25 | | levels and all other relevant information; | 26 | | (2) maintains the ability to alter a patient's |
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| 1 | | treatment plan if necessary; | 2 | | (3) reviews all of the psychologist's cases involving | 3 | | the use of prescriptive authority at weekly consultation | 4 | | meetings; and | 5 | | (4) provides his or her assessment of the | 6 | | psychologist's suitability to prescribe psychotropic | 7 | | medication independently at the time the psychologist is | 8 | | prepared to apply for a prescription license. | 9 | | (i) A supervising physician shall be individually | 10 | | responsible for the acts and omissions of the psychologist | 11 | | involving the use of prescriptive authority that occur while | 12 | | the psychologist is under the supervising physician's | 13 | | supervision. This provision does not relieve the psychologist | 14 | | from liability for his or her acts and omissions. | 15 | | (225 ILCS 15/4.3 new) | 16 | | Sec. 4.3. Prescription license. | 17 | | (a) A psychologist may apply to the Board for a | 18 | | prescription license. The application shall be made on a form | 19 | | approved by the Board and be accompanied by evidence | 20 | | satisfactory to the Board that the applicant: | 21 | | (1) has been issued a conditional prescription license | 22 | | pursuant to Section 4.2 of this Act and has successfully | 23 | | completed 2 years of prescribing psychotropic medication | 24 | | under a conditional prescription license as attested to by | 25 | | the supervising licensed physician and one other expert in |
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| 1 | | clinical psychopharmacology, which may be the Director of | 2 | | Training of a clinical psychopharmacology training | 3 | | program; | 4 | | (2) has successfully undergone a process of | 5 | | independent peer review approved by the Board; | 6 | | (3) holds a current license to practice clinical | 7 | | psychology in Illinois; | 8 | | (4) has malpractice insurance in place, sufficient to | 9 | | satisfy the rules adopted by the Board, that will cover the | 10 | | applicant as a prescribing psychologist; | 11 | | (5) has an agreement with one or more of the health | 12 | | care settings described in paragraph (4) of subsection (a) | 13 | | of Section 4.2 with regard to services; and | 14 | | (6) meets all other requirements for obtaining a | 15 | | prescription license, as determined by rule of the Board. | 16 | | (b) The Board shall issue a prescription license if it | 17 | | finds that the applicant has met the requirements of subsection | 18 | | (a) of this Section. | 19 | | (c) A psychologist with a prescription license may only | 20 | | prescribe psychotropic medication pursuant to the provisions | 21 | | of this Act if the psychologist: | 22 | | (1) continues to hold a current license to practice | 23 | | psychology in Illinois and continues to maintain | 24 | | malpractice insurance; | 25 | | (2) annually satisfies the continuing education | 26 | | requirements for prescribing psychologists set by the |
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| 1 | | Board, which shall be no fewer than 20 hours each year and | 2 | | a portion of which shall address continuous quality | 3 | | improvement processes and measures and clinical outcomes | 4 | | research; and | 5 | | (3) maintains a written collaborative agreement with a | 6 | | collaborating physician pursuant to Section 4.4 of this | 7 | | Act. | 8 | | (225 ILCS 15/4.4 new) | 9 | | Sec. 4.4. Written collaborative agreements. | 10 | | (a) A written collaborative agreement is required for all | 11 | | prescribing psychologists practicing under a prescription | 12 | | license issued pursuant to Section 4.3 of this Act. A | 13 | | collaborating physician shall be a licensed physician who is | 14 | | authorized to prescribe psychotropic medications and generally | 15 | | prescribes medications to his or her patients in the normal | 16 | | course of his or her clinical medical practice. The | 17 | | collaborating physician shall delegate prescriptive authority | 18 | | to a prescribing psychologist as part of a written | 19 | | collaborative agreement. | 20 | | (b) The written collaborative agreement shall describe the | 21 | | working relationship of the prescribing psychologist with the | 22 | | collaborating physician and shall delegate prescriptive | 23 | | authority as provided in this Act. Collaboration does not | 24 | | require an employment relationship between the collaborating | 25 | | physician and prescribing psychologist. Absent an employment |
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| 1 | | relationship, an agreement may not restrict third-party | 2 | | payment sources accepted by the prescribing psychologist. For | 3 | | the purposes of this Section, "collaboration" means the | 4 | | relationship between a prescribing psychologist and a | 5 | | collaborating physician with respect to the delivery of | 6 | | prescribing services in accordance with (1) the prescribing | 7 | | psychologist's training, education, and experience and (2) | 8 | | collaboration and consultation as documented in a jointly | 9 | | developed written collaborative agreement. | 10 | | (c) The agreement shall promote the exercise of | 11 | | professional judgment by the prescribing psychologist | 12 | | corresponding to his or her education and experience. | 13 | | (d) The collaborative agreement shall not be construed to | 14 | | require the personal presence of a physician at the place where | 15 | | services are rendered. Methods of communication shall be | 16 | | available for consultation with the collaborating physician in | 17 | | person or by telecommunications in accordance with established | 18 | | written guidelines as set forth in the written agreement. | 19 | | (e) Collaboration and consultation pursuant to all | 20 | | collaboration agreements shall be adequate if a collaborating | 21 | | physician does each of the following: | 22 | | (1) participates in the joint formulation and joint | 23 | | approval of orders or guidelines with the prescribing | 24 | | psychologist and he or she periodically reviews the | 25 | | prescribing phychologist's orders and the services | 26 | | provided patients under the orders in accordance with |
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| 1 | | accepted standards of medical practice and prescribing | 2 | | psychologist practice; | 3 | | (2) provides collaboration and consultation with the | 4 | | prescribing psychologist at least once a month; and | 5 | | (3) is available through telecommunications for | 6 | | consultation on medical problems, complications, | 7 | | emergencies, or patient referral. | 8 | | (f) The written collaborative agreement shall contain | 9 | | provisions detailing notice for termination or change of status | 10 | | involving a written collaborative agreement, except when the | 11 | | notice is given for just cause. | 12 | | (g) A copy of the signed written collaborative agreement | 13 | | shall be available to the Department upon request to either the | 14 | | prescribing psychologist or the collaborating physician. | 15 | | (h) Nothing in this Section shall be construed to limit the | 16 | | authority of a prescribing psychologist to perform all duties | 17 | | authorized under this Act. | 18 | | (i) A prescribing psychologist shall inform each | 19 | | collaborating physician of all collaborative agreements he or | 20 | | she has signed and provide a copy of these to any collaborating | 21 | | physician. | 22 | | (225 ILCS 15/4.5 new) | 23 | | Sec. 4.5. Controlled substance prescriptive authority. | 24 | | (a) When authorized to prescribe controlled substances, a | 25 | | prescribing psychologist shall file, in a timely manner, any |
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| 1 | | individual Drug Enforcement Agency registrations and | 2 | | identification numbers with the Board. | 3 | | (b) The Board shall maintain current records of every | 4 | | prescribing psychologist, including Drug Enforcement Agency | 5 | | registration and identification numbers. | 6 | | (c) The delegated prescriptive authority under this Act is | 7 | | limited to: | 8 | | (1) a drug that is classified as an antianxiety, | 9 | | antidepressant, or antipsychotic central nervous system | 10 | | drug in the most recent publication of Drug Facts and | 11 | | Comparisons (published by the Facts and Comparisons | 12 | | Division of J.B. Lippincott Company); | 13 | | (2) a drug that is a cross-indicated drug for the | 14 | | central nervous system drug classification, described in | 15 | | paragraph (1) of this subsection (c), according to any of | 16 | | the following: | 17 | | (A) the American Psychiatric Press Textbook of | 18 | | Psychopharmacy; | 19 | | (B) Current Clinical Strategies for Psychiatry; | 20 | | (C) Drug Facts and Comparisons; or | 21 | | (D) a publication with a focus and content similar | 22 | | to publications described in items (A), (B), and (C); | 23 | | or | 24 | | (3) a drug that is: | 25 | | (A) classified in a central nervous system drug | 26 | | category or classification (according to Drug Facts |
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| 1 | | and Comparisons) that is created after March 12, 2002; | 2 | | and | 3 | | (B) prescribed for the treatment of a mental | 4 | | illness (as defined in the most recent publication of | 5 | | the American Psychiatric Association's Diagnostic and | 6 | | Statistical Manual of Mental Disorders or the World | 7 | | Health Organization's International Statistical | 8 | | Classification of Diseases and Related Health Problems | 9 | | Chapter titled Mental and Behavioural Disorders). | 10 | | (d) To prescribe controlled substances under this Section, | 11 | | a prescribing psychologist shall obtain a mid-level | 12 | | practitioner controlled substance license. | 13 | | (e) The collaborating physician shall file with the | 14 | | Department notice of delegation of prescriptive authority and | 15 | | termination of such delegation in accordance with rules of the | 16 | | Department. Upon receipt of this notice of delegating authority | 17 | | to prescribe any Schedule II through V controlled substances, | 18 | | the prescribing psychologist shall be eligible to register for | 19 | | a mid-level practitioner controlled substance license under | 20 | | Section 303.05 of the Illinois Controlled Substances Act. | 21 | | (f) Nothing in this Act shall be construed to limit the | 22 | | method of delegation that may be authorized by any means, | 23 | | including, but not limited to, oral, written, electronic, | 24 | | standing orders, protocols, guidelines, or verbal orders. | 25 | | (g) Nothing in this Section shall be construed to prohibit | 26 | | generic substitution. |
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| 1 | | (h) Any prescribing psychologist who writes a prescription | 2 | | for a controlled substance without having a valid appropriate | 3 | | authority may be fined by the Department not more than $50 per | 4 | | prescription and the Department may take any other disciplinary | 5 | | action provided for in this Act. | 6 | | (225 ILCS 15/4.6 new) | 7 | | Sec. 4.6. Endorsement. | 8 | | (a) Individuals who are already licensed as medical or | 9 | | prescribing psychologists in another state may apply for an | 10 | | Illinois prescription license by endorsement from that state, | 11 | | or acceptance of that state's examination. Applicants from | 12 | | other states may not be required to pass an examination in | 13 | | Illinois if they meet requirements set forth in this Act and | 14 | | its rules, such as proof of education, testing, and experience. | 15 | | The Board shall not issue a license until it has received and | 16 | | approved all documentation. | 17 | | (b) Individuals who have fulfilled some, but not all, of | 18 | | another state's requirements for a conditional prescription | 19 | | license shall be given credit for his or her completion of the | 20 | | other state's requirements to the extent that such requirements | 21 | | are deemed by the Board to be substantially equivalent to the | 22 | | requirements of Section 4.2 of this Act. Fulfillment of another | 23 | | state's requirements shall count towards the completion of the | 24 | | requirements for a conditional prescription license under this | 25 | | Act. The Board shall not grant credit for the fulfillment of |
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| 1 | | such requirements under Section 4.2 of this Act until it has | 2 | | received and approved all documentation. | 3 | | (c) Individuals who graduated from the Department of | 4 | | Defense Psychopharmacology Demonstration Project may apply for | 5 | | an Illinois prescription license by endorsement. Applicants | 6 | | from the Department of Defense Psychopharmacology | 7 | | Demonstration Project may not be required to pass an | 8 | | examination in Illinois if they meet requirements set forth in | 9 | | this Act and its rules, such as proof of education, testing, | 10 | | and experience. The Board shall not issue a license until it | 11 | | has received and approved all documentation. | 12 | | (225 ILCS 15/4.7 new) | 13 | | Sec. 4.7. State Board of Pharmacy interaction. | 14 | | (a) The Board shall transmit to the State Board of Pharmacy | 15 | | an annual list of prescribing psychologists containing the | 16 | | following information: | 17 | | (1) the name of the prescribing psychologist; | 18 | | (2) the prescribing psychologist's identification | 19 | | number assigned by the Board; and | 20 | | (3) the effective dates of the prescribing | 21 | | psychologist's licensure. | 22 | | (b) The Board shall promptly forward to the Board of | 23 | | Pharmacy the names and titles of psychologists added to or | 24 | | deleted from the annual list of prescribing psychologists. | 25 | | (c) The Board shall notify the State Board of Pharmacy, in |
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| 1 | | a timely manner, upon termination, suspension, or | 2 | | reinstatement of a psychologist's licensure as a prescribing | 3 | | psychologist. | 4 | | (225 ILCS 15/4.8 new) | 5 | | Sec. 4.8. Rulemaking authority of the Board; prescription | 6 | | licenses. | 7 | | (a) The Board shall adopt rules providing for the | 8 | | procedures to be followed in obtaining conditional | 9 | | prescription licenses and prescription licenses authorized to | 10 | | be issued under Sections 4.2 and 4.3 and rules providing for | 11 | | the procedures to be followed for their renewal. The Board may | 12 | | set reasonable application and renewal fees. | 13 | | (b) The Board shall adopt rules establishing the grounds | 14 | | for denial, suspension, or revocation of a conditional | 15 | | prescription license and a prescription license, including a | 16 | | provision for suspension or revocation of a license to practice | 17 | | psychology upon the suspension or revocation of a conditional | 18 | | prescription license or prescription license. | 19 | | (225 ILCS 15/7) (from Ch. 111, par. 5357) | 20 | | (Section scheduled to be repealed on January 1, 2017) | 21 | | Sec. 7. Board. The Secretary shall appoint a Board that
| 22 | | shall serve in
an advisory capacity to the Secretary. | 23 | | The Board shall consist of 10 7 persons, 4 of whom are
| 24 | | licensed clinical
psychologists, and actively engaged in the |
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| 1 | | practice of clinical psychology, 3 of whom are licensed | 2 | | prescribing psychologists,
2 of whom are licensed clinical | 3 | | psychologists and are full time faculty
members of accredited | 4 | | colleges or
universities who are engaged in training clinical | 5 | | psychologists, and one of
whom is a public member who is not a | 6 | | licensed health care provider. In
appointing members of the | 7 | | Board, the Secretary shall give due
consideration to the | 8 | | adequate representation of the various fields of
health care | 9 | | psychology such as clinical psychology, school psychology and
| 10 | | counseling psychology. In appointing members of the Board,
the | 11 | | Secretary
shall give due consideration to recommendations by | 12 | | members of the
profession of clinical psychology and by the | 13 | | State-wide organizations
representing the interests of | 14 | | clinical psychologists and organizations
representing the | 15 | | interests of academic programs as well as recommendations
by | 16 | | approved doctoral level psychology programs in the State of | 17 | | Illinois.
The members shall be appointed for a term of 4 years. | 18 | | No member shall be
eligible to serve for more than 2 full | 19 | | terms. Any appointment to fill a
vacancy shall be for the | 20 | | unexpired portion of the term. A member appointed
to fill a | 21 | | vacancy for an unexpired term for a duration of 2 years or more | 22 | | may be reappointed for a maximum of one term and a member | 23 | | appointed to fill a vacancy for an unexpired term for a | 24 | | duration of less than 2 years may be reappointed for a maximum | 25 | | of 2 terms. The Secretary
may remove any member for cause at | 26 | | any time prior to
the expiration of his or her term. |
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| 1 | | The 3 initial appointees to the Board who are licensed
| 2 | | prescribing psychologists may hold a medical or prescription
| 3 | | license issued by another state so long as the license is | 4 | | deemed by the Secretary to be substantially equivalent to a | 5 | | prescription license under this Act. Such initial appointees | 6 | | shall serve on the Board until the Board adopts rules pursuant | 7 | | to Section 4.8 of this Act providing for the procedures to be | 8 | | followed in obtaining prescription licenses in this State. | 9 | | The Board shall annually elect one of its members as
| 10 | | chairperson and vice chairperson. | 11 | | The members of the Board shall be reimbursed for all
| 12 | | authorized legitimate and
necessary expenses incurred in | 13 | | attending the meetings of the Board. | 14 | | The Secretary shall give due consideration to all | 15 | | recommendations of the
Board. In the event the Secretary | 16 | | disagrees with or takes
action
contrary to the recommendation | 17 | | of the Board, he or she
shall provide the
Board with a written | 18 | | and specific explanation of his or
her actions. | 19 | | The Board may make recommendations on all matters relating | 20 | | to continuing education including the number of hours necessary | 21 | | for license renewal, waivers for those unable to meet such | 22 | | requirements and acceptable course content. Such | 23 | | recommendations shall not impose an undue burden on the | 24 | | Department or an unreasonable restriction on those seeking | 25 | | license renewal. | 26 | | Seven Four members shall constitute a
quorum. A quorum is |
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| 1 | | required for all Board decisions. | 2 | | Members of the Board shall have no liability in any action | 3 | | based upon any
disciplinary proceeding or other activity | 4 | | performed in good faith as a member
of the Board. | 5 | | The Secretary may terminate the appointment of any member | 6 | | for cause which
in the opinion of the Secretary
reasonably | 7 | | justifies such termination. | 8 | | (Source: P.A. 96-1050, eff. 1-1-11.)
| 9 | | Section 10. The Medical Practice Act of 1987 is amended by | 10 | | changing Section 54.5 as follows:
| 11 | | (225 ILCS 60/54.5)
| 12 | | (Section scheduled to be repealed on December 31, 2014)
| 13 | | Sec. 54.5. Physician delegation of authority to physician | 14 | | assistants and advanced practice nurses.
| 15 | | (a) Physicians licensed to practice medicine in all its
| 16 | | branches may delegate care and treatment responsibilities to a
| 17 | | physician assistant under guidelines in accordance with the
| 18 | | requirements of the Physician Assistant Practice Act of
1987. A | 19 | | physician licensed to practice medicine in all its
branches may | 20 | | enter into supervising physician agreements with
no more than 5 | 21 | | physician assistants as set forth in subsection (a) of Section | 22 | | 7 of the Physician Assistant Practice Act of 1987.
| 23 | | (b) A physician licensed to practice medicine in all its
| 24 | | branches in active clinical practice may collaborate with an |
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| 1 | | advanced practice
nurse in accordance with the requirements of | 2 | | the Nurse Practice Act. Collaboration
is for the purpose of | 3 | | providing medical consultation,
and no employment relationship | 4 | | is required. A
written collaborative agreement shall
conform to | 5 | | the requirements of Section 65-35 of the Nurse Practice Act. | 6 | | The written collaborative agreement shall
be for
services the | 7 | | collaborating physician generally provides or may provide in
| 8 | | his or her clinical medical practice.
A written collaborative | 9 | | agreement shall be adequate with respect to collaboration
with | 10 | | advanced practice nurses if all of the following apply:
| 11 | | (1) The agreement is written to promote the exercise of | 12 | | professional judgment by the advanced practice nurse | 13 | | commensurate with his or her education and experience. The | 14 | | agreement need not describe the exact steps that an | 15 | | advanced practice nurse must take with respect to each | 16 | | specific condition, disease, or symptom, but must specify | 17 | | those procedures that require a physician's presence as the | 18 | | procedures are being performed.
| 19 | | (2) Practice guidelines and orders are developed and | 20 | | approved jointly by the advanced practice nurse and | 21 | | collaborating physician, as needed, based on the practice | 22 | | of the practitioners. Such guidelines and orders and the | 23 | | patient services provided thereunder are periodically | 24 | | reviewed by the collaborating physician.
| 25 | | (3) The advance practice nurse provides services the | 26 | | collaborating physician generally provides or may provide |
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| 1 | | in his or her clinical medical practice, except as set | 2 | | forth in subsection (b-5) of this Section. With respect to | 3 | | labor and delivery, the collaborating physician must | 4 | | provide delivery services in order to participate with a | 5 | | certified nurse midwife. | 6 | | (4) The collaborating physician and advanced practice | 7 | | nurse consult at least once a month to provide | 8 | | collaboration and consultation. | 9 | | (5) Methods of communication are available with the | 10 | | collaborating physician in person or through | 11 | | telecommunications for consultation, collaboration, and | 12 | | referral as needed to address patient care needs. | 13 | | (6) The agreement contains provisions detailing notice | 14 | | for termination or change of status involving a written | 15 | | collaborative agreement, except when such notice is given | 16 | | for just cause.
| 17 | | (b-5) An anesthesiologist or physician licensed to | 18 | | practice medicine in
all its branches may collaborate with a | 19 | | certified registered nurse anesthetist
in accordance with | 20 | | Section 65-35 of the Nurse Practice Act for the provision of | 21 | | anesthesia services. With respect to the provision of | 22 | | anesthesia services, the collaborating anesthesiologist or | 23 | | physician shall have training and experience in the delivery of | 24 | | anesthesia services consistent with Department rules. | 25 | | Collaboration shall be
adequate if:
| 26 | | (1) an anesthesiologist or a physician
participates in |
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| 1 | | the joint formulation and joint approval of orders or
| 2 | | guidelines and periodically reviews such orders and the | 3 | | services provided
patients under such orders; and
| 4 | | (2) for anesthesia services, the anesthesiologist
or | 5 | | physician participates through discussion of and agreement | 6 | | with the
anesthesia plan and is physically present and | 7 | | available on the premises during
the delivery of anesthesia | 8 | | services for
diagnosis, consultation, and treatment of | 9 | | emergency medical conditions.
Anesthesia services in a | 10 | | hospital shall be conducted in accordance with
Section 10.7 | 11 | | of the Hospital Licensing Act and in an ambulatory surgical
| 12 | | treatment center in accordance with Section 6.5 of the | 13 | | Ambulatory Surgical
Treatment Center Act.
| 14 | | (b-10) The anesthesiologist or operating physician must | 15 | | agree with the
anesthesia plan prior to the delivery of | 16 | | services.
| 17 | | (c) The supervising physician shall have access to the
| 18 | | medical records of all patients attended by a physician
| 19 | | assistant. The collaborating physician shall have access to
the | 20 | | medical records of all patients attended to by an
advanced | 21 | | practice nurse.
| 22 | | (d) (Blank).
| 23 | | (e) A physician shall not be liable for the acts or
| 24 | | omissions of a prescribing psychologist, physician assistant , | 25 | | or advanced practice
nurse solely on the basis of having signed | 26 | | a
supervision agreement or guidelines or a collaborative
|
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| 1 | | agreement, an order, a standing medical order, a
standing | 2 | | delegation order, or other order or guideline
authorizing a | 3 | | prescribing psychologist, physician assistant , or advanced | 4 | | practice
nurse to perform acts, unless the physician has
reason | 5 | | to believe the prescribing psychologist, physician assistant , | 6 | | or advanced
practice nurse lacked the competency to perform
the | 7 | | act or acts or commits willful and wanton misconduct.
| 8 | | (f) A collaborating physician may, but is not required to, | 9 | | delegate prescriptive authority to an advanced practice nurse | 10 | | as part of a written collaborative agreement, and the | 11 | | delegation of prescriptive authority shall conform to the | 12 | | requirements of Section 65-40 of the Nurse Practice Act. | 13 | | (g) A supervising physician may, but is not required to, | 14 | | delegate prescriptive authority to a physician assistant as | 15 | | part of a written supervision agreement, and the delegation of | 16 | | prescriptive authority shall conform to the requirements of | 17 | | Section 7.5 of the Physician Assistant Practice Act of 1987. | 18 | | (h) For the purposes of this Section, "generally provides | 19 | | or may provide in his or her clinical medical practice" means | 20 | | categories of care or treatment, not specific tasks or duties, | 21 | | that the physician provides individually or through delegation | 22 | | to other persons so that the physician has the experience and | 23 | | ability to provide collaboration and consultation. This | 24 | | definition shall not be construed to prohibit an advanced | 25 | | practice nurse from providing primary health treatment or care | 26 | | within the scope of his or her training and experience, |
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| 1 | | including, but not limited to, health screenings, patient | 2 | | histories, physical examinations, women's health examinations, | 3 | | or school physicals that may be provided as part of the routine | 4 | | practice of an advanced practice nurse or on a volunteer basis. | 5 | | (i) A supervising physician shall delegate prescriptive | 6 | | authority to a conditionally licensed prescribing psychologist | 7 | | as part of a written supervision agreement, and the delegation | 8 | | of prescriptive authority shall conform to the requirements of | 9 | | Section 4.2 of the Clinical Psychologist Licensing Act. | 10 | | (j) A collaborating physician shall delegate prescriptive | 11 | | authority to a fully licensed prescribing psychologist as part | 12 | | of a written collaborative agreement, and the delegation of | 13 | | prescriptive authority shall conform to the requirements of | 14 | | Section 4.4 of the Clinical Psychologist Licensing Act. | 15 | | (Source: P.A. 97-358, eff. 8-12-11; 97-1071, eff. 8-24-12; | 16 | | 98-192, eff. 1-1-14 .)
| 17 | | Section 15. The Illinois Controlled Substances Act is | 18 | | amended by changing Section 102 as follows: | 19 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 20 | | Sec. 102. Definitions. As used in this Act, unless the | 21 | | context
otherwise requires:
| 22 | | (a) "Addict" means any person who habitually uses any drug, | 23 | | chemical,
substance or dangerous drug other than alcohol so as | 24 | | to endanger the public
morals, health, safety or welfare or who |
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| 1 | | is so far addicted to the use of a
dangerous drug or controlled | 2 | | substance other than alcohol as to have lost
the power of self | 3 | | control with reference to his or her addiction.
| 4 | | (b) "Administer" means the direct application of a | 5 | | controlled
substance, whether by injection, inhalation, | 6 | | ingestion, or any other
means, to the body of a patient, | 7 | | research subject, or animal (as
defined by the Humane | 8 | | Euthanasia in Animal Shelters Act) by:
| 9 | | (1) a practitioner (or, in his or her presence, by his | 10 | | or her authorized agent),
| 11 | | (2) the patient or research subject pursuant to an | 12 | | order, or
| 13 | | (3) a euthanasia technician as defined by the Humane | 14 | | Euthanasia in
Animal Shelters Act.
| 15 | | (c) "Agent" means an authorized person who acts on behalf | 16 | | of or at
the direction of a manufacturer, distributor, | 17 | | dispenser, prescriber, or practitioner. It does not
include a | 18 | | common or contract carrier, public warehouseman or employee of
| 19 | | the carrier or warehouseman.
| 20 | | (c-1) "Anabolic Steroids" means any drug or hormonal | 21 | | substance,
chemically and pharmacologically related to | 22 | | testosterone (other than
estrogens, progestins, | 23 | | corticosteroids, and dehydroepiandrosterone),
and includes:
| 24 | | (i) 3[beta],17-dihydroxy-5a-androstane, | 25 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | 26 | | (iii) 5[alpha]-androstan-3,17-dione, |
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| 1 | | (iv) 1-androstenediol (3[beta], | 2 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 3 | | (v) 1-androstenediol (3[alpha], | 4 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 5 | | (vi) 4-androstenediol | 6 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), | 7 | | (vii) 5-androstenediol | 8 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), | 9 | | (viii) 1-androstenedione | 10 | | ([5alpha]-androst-1-en-3,17-dione), | 11 | | (ix) 4-androstenedione | 12 | | (androst-4-en-3,17-dione), | 13 | | (x) 5-androstenedione | 14 | | (androst-5-en-3,17-dione), | 15 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | 16 | | hydroxyandrost-4-en-3-one), | 17 | | (xii) boldenone (17[beta]-hydroxyandrost- | 18 | | 1,4,-diene-3-one), | 19 | | (xiii) boldione (androsta-1,4- | 20 | | diene-3,17-dione), | 21 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | 22 | | [beta]-hydroxyandrost-4-en-3-one), | 23 | | (xv) clostebol (4-chloro-17[beta]- | 24 | | hydroxyandrost-4-en-3-one), | 25 | | (xvi) dehydrochloromethyltestosterone (4-chloro- | 26 | | 17[beta]-hydroxy-17[alpha]-methyl- |
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| 1 | | androst-1,4-dien-3-one), | 2 | | (xvii) desoxymethyltestosterone | 3 | | (17[alpha]-methyl-5[alpha] | 4 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), | 5 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. | 6 | | '1-testosterone') (17[beta]-hydroxy- | 7 | | 5[alpha]-androst-1-en-3-one), | 8 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | 9 | | androstan-3-one), | 10 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | 11 | | 5[alpha]-androstan-3-one), | 12 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | 13 | | hydroxyestr-4-ene), | 14 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | 15 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | 16 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | 17 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | 18 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | 19 | | hydroxyandrostano[2,3-c]-furazan), | 20 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | 21 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | 22 | | androst-4-en-3-one), | 23 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | 24 | | dihydroxy-estr-4-en-3-one), | 25 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | 26 | | hydroxy-5-androstan-3-one), |
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| 1 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | 2 | | [5a]-androstan-3-one), | 3 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- | 4 | | hydroxyandrost-1,4-dien-3-one), | 5 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | 6 | | dihydroxyandrost-5-ene), | 7 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | 8 | | 5[alpha]-androst-1-en-3-one), | 9 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | 10 | | dihydroxy-5a-androstane), | 11 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | 12 | | -5a-androstane), | 13 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | 14 | | dihydroxyandrost-4-ene), | 15 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | 16 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | 17 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | 18 | | hydroxyestra-4,9(10)-dien-3-one), | 19 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | 20 | | hydroxyestra-4,9-11-trien-3-one), | 21 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | 22 | | hydroxyandrost-4-en-3-one), | 23 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | 24 | | hydroxyestr-4-en-3-one), | 25 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | 26 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- |
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| 1 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | 2 | | 1-testosterone'), | 3 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | 4 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | 5 | | dihydroxyestr-4-ene), | 6 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | 7 | | dihydroxyestr-4-ene), | 8 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | 9 | | dihydroxyestr-5-ene), | 10 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | 11 | | dihydroxyestr-5-ene), | 12 | | (xlvii) 19-nor-4,9(10)-androstadienedione | 13 | | (estra-4,9(10)-diene-3,17-dione), | 14 | | (xlviii) 19-nor-4-androstenedione (estr-4- | 15 | | en-3,17-dione), | 16 | | (xlix) 19-nor-5-androstenedione (estr-5- | 17 | | en-3,17-dione), | 18 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | 19 | | hydroxygon-4-en-3-one), | 20 | | (li) norclostebol (4-chloro-17[beta]- | 21 | | hydroxyestr-4-en-3-one), | 22 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | 23 | | hydroxyestr-4-en-3-one), | 24 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | 25 | | hydroxyestr-4-en-3-one), | 26 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- |
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| 1 | | 2-oxa-5[alpha]-androstan-3-one), | 2 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | 3 | | dihydroxyandrost-4-en-3-one), | 4 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | 5 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | 6 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | 7 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | 8 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | 9 | | (5[alpha]-androst-1-en-3-one), | 10 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- | 11 | | secoandrosta-1,4-dien-17-oic | 12 | | acid lactone), | 13 | | (lx) testosterone (17[beta]-hydroxyandrost- | 14 | | 4-en-3-one), | 15 | | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | 16 | | diethyl-17[beta]-hydroxygon- | 17 | | 4,9,11-trien-3-one), | 18 | | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | 19 | | 11-trien-3-one).
| 20 | | Any person who is otherwise lawfully in possession of an | 21 | | anabolic
steroid, or who otherwise lawfully manufactures, | 22 | | distributes, dispenses,
delivers, or possesses with intent to | 23 | | deliver an anabolic steroid, which
anabolic steroid is | 24 | | expressly intended for and lawfully allowed to be
administered | 25 | | through implants to livestock or other nonhuman species, and
| 26 | | which is approved by the Secretary of Health and Human Services |
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| 1 | | for such
administration, and which the person intends to | 2 | | administer or have
administered through such implants, shall | 3 | | not be considered to be in
unauthorized possession or to | 4 | | unlawfully manufacture, distribute, dispense,
deliver, or | 5 | | possess with intent to deliver such anabolic steroid for
| 6 | | purposes of this Act.
| 7 | | (d) "Administration" means the Drug Enforcement | 8 | | Administration,
United States Department of Justice, or its | 9 | | successor agency.
| 10 | | (d-5) "Clinical Director, Prescription Monitoring Program" | 11 | | means a Department of Human Services administrative employee | 12 | | licensed to either prescribe or dispense controlled substances | 13 | | who shall run the clinical aspects of the Department of Human | 14 | | Services Prescription Monitoring Program and its Prescription | 15 | | Information Library. | 16 | | (d-10) "Compounding" means the preparation and mixing of | 17 | | components, excluding flavorings, (1) as the result of a | 18 | | prescriber's prescription drug order or initiative based on the | 19 | | prescriber-patient-pharmacist relationship in the course of | 20 | | professional practice or (2) for the purpose of, or incident | 21 | | to, research, teaching, or chemical analysis and not for sale | 22 | | or dispensing. "Compounding" includes the preparation of drugs | 23 | | or devices in anticipation of receiving prescription drug | 24 | | orders based on routine, regularly observed dispensing | 25 | | patterns. Commercially available products may be compounded | 26 | | for dispensing to individual patients only if both of the |
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| 1 | | following conditions are met: (i) the commercial product is not | 2 | | reasonably available from normal distribution channels in a | 3 | | timely manner to meet the patient's needs and (ii) the | 4 | | prescribing practitioner has requested that the drug be | 5 | | compounded. | 6 | | (e) "Control" means to add a drug or other substance, or | 7 | | immediate
precursor, to a Schedule whether by
transfer from | 8 | | another Schedule or otherwise.
| 9 | | (f) "Controlled Substance" means (i) a drug, substance, or | 10 | | immediate
precursor in the Schedules of Article II of this Act | 11 | | or (ii) a drug or other substance, or immediate precursor, | 12 | | designated as a controlled substance by the Department through | 13 | | administrative rule. The term does not include distilled | 14 | | spirits, wine, malt beverages, or tobacco, as those terms are
| 15 | | defined or used in the Liquor Control Act of 1934 and the | 16 | | Tobacco Products Tax
Act of 1995 .
| 17 | | (f-5) "Controlled substance analog" means a substance: | 18 | | (1) the chemical structure of which is substantially | 19 | | similar to the chemical structure of a controlled substance | 20 | | in Schedule I or II; | 21 | | (2) which has a stimulant, depressant, or | 22 | | hallucinogenic effect on the central nervous system that is | 23 | | substantially similar to or greater than the stimulant, | 24 | | depressant, or hallucinogenic effect on the central | 25 | | nervous system of a controlled substance in Schedule I or | 26 | | II; or |
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| 1 | | (3) with respect to a particular person, which such | 2 | | person represents or intends to have a stimulant, | 3 | | depressant, or hallucinogenic effect on the central | 4 | | nervous system that is substantially similar to or greater | 5 | | than the stimulant, depressant, or hallucinogenic effect | 6 | | on the central nervous system of a controlled substance in | 7 | | Schedule I or II. | 8 | | (g) "Counterfeit substance" means a controlled substance, | 9 | | which, or
the container or labeling of which, without | 10 | | authorization bears the
trademark, trade name, or other | 11 | | identifying mark, imprint, number or
device, or any likeness | 12 | | thereof, of a manufacturer, distributor, or
dispenser other | 13 | | than the person who in fact manufactured, distributed,
or | 14 | | dispensed the substance.
| 15 | | (h) "Deliver" or "delivery" means the actual, constructive | 16 | | or
attempted transfer of possession of a controlled substance, | 17 | | with or
without consideration, whether or not there is an | 18 | | agency relationship.
| 19 | | (i) "Department" means the Illinois Department of Human | 20 | | Services (as
successor to the Department of Alcoholism and | 21 | | Substance Abuse) or its successor agency.
| 22 | | (j) (Blank).
| 23 | | (k) "Department of Corrections" means the Department of | 24 | | Corrections
of the State of Illinois or its successor agency.
| 25 | | (l) "Department of Financial and Professional Regulation" | 26 | | means the Department
of Financial and Professional Regulation |
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| 1 | | of the State of Illinois or its successor agency.
| 2 | | (m) "Depressant" means any drug that (i) causes an overall | 3 | | depression of central nervous system functions, (ii) causes | 4 | | impaired consciousness and awareness, and (iii) can be | 5 | | habit-forming or lead to a substance abuse problem, including | 6 | | but not limited to alcohol, cannabis and its active principles | 7 | | and their analogs, benzodiazepines and their analogs, | 8 | | barbiturates and their analogs, opioids (natural and | 9 | | synthetic) and their analogs, and chloral hydrate and similar | 10 | | sedative hypnotics.
| 11 | | (n) (Blank).
| 12 | | (o) "Director" means the Director of the Illinois State | 13 | | Police or his or her designated agents.
| 14 | | (p) "Dispense" means to deliver a controlled substance to | 15 | | an
ultimate user or research subject by or pursuant to the | 16 | | lawful order of
a prescriber, including the prescribing, | 17 | | administering, packaging,
labeling, or compounding necessary | 18 | | to prepare the substance for that
delivery.
| 19 | | (q) "Dispenser" means a practitioner who dispenses.
| 20 | | (r) "Distribute" means to deliver, other than by | 21 | | administering or
dispensing, a controlled substance.
| 22 | | (s) "Distributor" means a person who distributes.
| 23 | | (t) "Drug" means (1) substances recognized as drugs in the | 24 | | official
United States Pharmacopoeia, Official Homeopathic | 25 | | Pharmacopoeia of the
United States, or official National | 26 | | Formulary, or any supplement to any
of them; (2) substances |
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| 1 | | intended for use in diagnosis, cure, mitigation,
treatment, or | 2 | | prevention of disease in man or animals; (3) substances
(other | 3 | | than food) intended to affect the structure of any function of
| 4 | | the body of man or animals and (4) substances intended for use | 5 | | as a
component of any article specified in clause (1), (2), or | 6 | | (3) of this
subsection. It does not include devices or their | 7 | | components, parts, or
accessories.
| 8 | | (t-5) "Euthanasia agency" means
an entity certified by the | 9 | | Department of Financial and Professional Regulation for the
| 10 | | purpose of animal euthanasia that holds an animal control | 11 | | facility license or
animal
shelter license under the Animal | 12 | | Welfare Act. A euthanasia agency is
authorized to purchase, | 13 | | store, possess, and utilize Schedule II nonnarcotic and
| 14 | | Schedule III nonnarcotic drugs for the sole purpose of animal | 15 | | euthanasia.
| 16 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 17 | | substances
(nonnarcotic controlled substances) that are used | 18 | | by a euthanasia agency for
the purpose of animal euthanasia.
| 19 | | (u) "Good faith" means the prescribing or dispensing of a | 20 | | controlled
substance by a practitioner in the regular course of | 21 | | professional
treatment to or for any person who is under his or | 22 | | her treatment for a
pathology or condition other than that | 23 | | individual's physical or
psychological dependence upon or | 24 | | addiction to a controlled substance,
except as provided herein: | 25 | | and application of the term to a pharmacist
shall mean the | 26 | | dispensing of a controlled substance pursuant to the
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| 1 | | prescriber's order which in the professional judgment of the | 2 | | pharmacist
is lawful. The pharmacist shall be guided by | 3 | | accepted professional
standards including, but not limited to | 4 | | the following, in making the
judgment:
| 5 | | (1) lack of consistency of prescriber-patient | 6 | | relationship,
| 7 | | (2) frequency of prescriptions for same drug by one | 8 | | prescriber for
large numbers of patients,
| 9 | | (3) quantities beyond those normally prescribed,
| 10 | | (4) unusual dosages (recognizing that there may be | 11 | | clinical circumstances where more or less than the usual | 12 | | dose may be used legitimately),
| 13 | | (5) unusual geographic distances between patient, | 14 | | pharmacist and
prescriber,
| 15 | | (6) consistent prescribing of habit-forming drugs.
| 16 | | (u-0.5) "Hallucinogen" means a drug that causes markedly | 17 | | altered sensory perception leading to hallucinations of any | 18 | | type. | 19 | | (u-1) "Home infusion services" means services provided by a | 20 | | pharmacy in
compounding solutions for direct administration to | 21 | | a patient in a private
residence, long-term care facility, or | 22 | | hospice setting by means of parenteral,
intravenous, | 23 | | intramuscular, subcutaneous, or intraspinal infusion.
| 24 | | (u-5) "Illinois State Police" means the State
Police of the | 25 | | State of Illinois, or its successor agency. | 26 | | (v) "Immediate precursor" means a substance:
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| 1 | | (1) which the Department has found to be and by rule | 2 | | designated as
being a principal compound used, or produced | 3 | | primarily for use, in the
manufacture of a controlled | 4 | | substance;
| 5 | | (2) which is an immediate chemical intermediary used or | 6 | | likely to
be used in the manufacture of such controlled | 7 | | substance; and
| 8 | | (3) the control of which is necessary to prevent, | 9 | | curtail or limit
the manufacture of such controlled | 10 | | substance.
| 11 | | (w) "Instructional activities" means the acts of teaching, | 12 | | educating
or instructing by practitioners using controlled | 13 | | substances within
educational facilities approved by the State | 14 | | Board of Education or
its successor agency.
| 15 | | (x) "Local authorities" means a duly organized State, | 16 | | County or
Municipal peace unit or police force.
| 17 | | (y) "Look-alike substance" means a substance, other than a | 18 | | controlled
substance which (1) by overall dosage unit | 19 | | appearance, including shape,
color, size, markings or lack | 20 | | thereof, taste, consistency, or any other
identifying physical | 21 | | characteristic of the substance, would lead a reasonable
person | 22 | | to believe that the substance is a controlled substance, or (2) | 23 | | is
expressly or impliedly represented to be a controlled | 24 | | substance or is
distributed under circumstances which would | 25 | | lead a reasonable person to
believe that the substance is a | 26 | | controlled substance. For the purpose of
determining whether |
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| 1 | | the representations made or the circumstances of the
| 2 | | distribution would lead a reasonable person to believe the | 3 | | substance to be
a controlled substance under this clause (2) of | 4 | | subsection (y), the court or
other authority may consider the | 5 | | following factors in addition to any other
factor that may be | 6 | | relevant:
| 7 | | (a) statements made by the owner or person in control | 8 | | of the substance
concerning its nature, use or effect;
| 9 | | (b) statements made to the buyer or recipient that the | 10 | | substance may
be resold for profit;
| 11 | | (c) whether the substance is packaged in a manner | 12 | | normally used for the
illegal distribution of controlled | 13 | | substances;
| 14 | | (d) whether the distribution or attempted distribution | 15 | | included an
exchange of or demand for money or other | 16 | | property as consideration, and
whether the amount of the | 17 | | consideration was substantially greater than the
| 18 | | reasonable retail market value of the substance.
| 19 | | Clause (1) of this subsection (y) shall not apply to a | 20 | | noncontrolled
substance in its finished dosage form that was | 21 | | initially introduced into
commerce prior to the initial | 22 | | introduction into commerce of a controlled
substance in its | 23 | | finished dosage form which it may substantially resemble.
| 24 | | Nothing in this subsection (y) prohibits the dispensing or | 25 | | distributing
of noncontrolled substances by persons authorized | 26 | | to dispense and
distribute controlled substances under this |
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| 1 | | Act, provided that such action
would be deemed to be carried | 2 | | out in good faith under subsection (u) if the
substances | 3 | | involved were controlled substances.
| 4 | | Nothing in this subsection (y) or in this Act prohibits the | 5 | | manufacture,
preparation, propagation, compounding, | 6 | | processing, packaging, advertising
or distribution of a drug or | 7 | | drugs by any person registered pursuant to
Section 510 of the | 8 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 9 | | (y-1) "Mail-order pharmacy" means a pharmacy that is | 10 | | located in a state
of the United States that delivers, | 11 | | dispenses or
distributes, through the United States Postal | 12 | | Service or other common
carrier, to Illinois residents, any | 13 | | substance which requires a prescription.
| 14 | | (z) "Manufacture" means the production, preparation, | 15 | | propagation,
compounding, conversion or processing of a | 16 | | controlled substance other than methamphetamine, either
| 17 | | directly or indirectly, by extraction from substances of | 18 | | natural origin,
or independently by means of chemical | 19 | | synthesis, or by a combination of
extraction and chemical | 20 | | synthesis, and includes any packaging or
repackaging of the | 21 | | substance or labeling of its container, except that
this term | 22 | | does not include:
| 23 | | (1) by an ultimate user, the preparation or compounding | 24 | | of a
controlled substance for his or her own use; or
| 25 | | (2) by a practitioner, or his or her authorized agent | 26 | | under his or her
supervision, the preparation, |
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| 1 | | compounding, packaging, or labeling of a
controlled | 2 | | substance:
| 3 | | (a) as an incident to his or her administering or | 4 | | dispensing of a
controlled substance in the course of | 5 | | his or her 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 | | (z-5) "Medication shopping" means the conduct prohibited | 10 | | under subsection (a) of Section 314.5 of this Act. | 11 | | (z-10) "Mid-level practitioner" means (i) a physician | 12 | | assistant who has been delegated authority to prescribe through | 13 | | a written delegation of authority by a physician licensed to | 14 | | practice medicine in all of its branches, in accordance with | 15 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 16 | | (ii) an advanced practice nurse who has been delegated | 17 | | authority to prescribe through a written delegation of | 18 | | authority by a physician licensed to practice medicine in all | 19 | | of its branches or by a podiatric physician, in accordance with | 20 | | Section 65-40 of the Nurse Practice Act, or (iii) an animal | 21 | | euthanasia agency. | 22 | | (aa) "Narcotic drug" means any of the following, whether | 23 | | produced
directly or indirectly by extraction from substances | 24 | | of vegetable origin,
or independently by means of chemical | 25 | | synthesis, or by a combination of
extraction and chemical | 26 | | synthesis:
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| 1 | | (1) opium, opiates, derivatives of opium and opiates, | 2 | | including their isomers, esters, ethers, salts, and salts | 3 | | of isomers, esters, and ethers, whenever the existence of | 4 | | such isomers, esters, ethers, and salts is possible within | 5 | | the specific chemical designation; however the term | 6 | | "narcotic drug" does not include the isoquinoline | 7 | | alkaloids of opium;
| 8 | | (2) (blank);
| 9 | | (3) opium poppy and poppy straw;
| 10 | | (4) coca leaves, except coca leaves and extracts of | 11 | | coca leaves from which substantially all of the cocaine and | 12 | | ecgonine, and their isomers, derivatives and salts, have | 13 | | been removed;
| 14 | | (5) cocaine, its salts, optical and geometric isomers, | 15 | | and salts of isomers; | 16 | | (6) ecgonine, its derivatives, their salts, isomers, | 17 | | and salts of isomers; | 18 | | (7) any compound, mixture, or preparation which | 19 | | contains any quantity of any of the substances referred to | 20 | | in subparagraphs (1) through (6). | 21 | | (bb) "Nurse" means a registered nurse licensed under the
| 22 | | Nurse Practice Act.
| 23 | | (cc) (Blank).
| 24 | | (dd) "Opiate" means any substance having an addiction | 25 | | forming or
addiction sustaining liability similar to morphine | 26 | | or being capable of
conversion into a drug having addiction |
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| 1 | | forming or addiction sustaining
liability.
| 2 | | (ee) "Opium poppy" means the plant of the species Papaver
| 3 | | somniferum L., except its seeds.
| 4 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | 5 | | solution or other liquid form of medication intended for | 6 | | administration by mouth, but the term does not include a form | 7 | | of medication intended for buccal, sublingual, or transmucosal | 8 | | administration. | 9 | | (ff) "Parole and Pardon Board" means the Parole and Pardon | 10 | | Board of
the State of Illinois or its successor agency.
| 11 | | (gg) "Person" means any individual, corporation, | 12 | | mail-order pharmacy,
government or governmental subdivision or | 13 | | agency, business trust, estate,
trust, partnership or | 14 | | association, or any other entity.
| 15 | | (hh) "Pharmacist" means any person who holds a license or | 16 | | certificate of
registration as a registered pharmacist, a local | 17 | | registered pharmacist
or a registered assistant pharmacist | 18 | | under the Pharmacy Practice Act.
| 19 | | (ii) "Pharmacy" means any store, ship or other place in | 20 | | which
pharmacy is authorized to be practiced under the Pharmacy | 21 | | Practice Act.
| 22 | | (ii-5) "Pharmacy shopping" means the conduct prohibited | 23 | | under subsection (b) of Section 314.5 of this Act. | 24 | | (ii-10) "Physician" (except when the context otherwise | 25 | | requires) means a person licensed to practice medicine in all | 26 | | of its branches. |
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| 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, optometrist, podiatric | 5 | | physician,
veterinarian, scientific investigator, pharmacist, | 6 | | physician assistant,
advanced practice nurse,
licensed | 7 | | practical
nurse, registered nurse, hospital, laboratory, or | 8 | | pharmacy, or other
person licensed, registered, or otherwise | 9 | | lawfully permitted by the
United States or this State to | 10 | | distribute, dispense, conduct research
with respect to, | 11 | | administer or use in teaching or chemical analysis, a
| 12 | | controlled substance in the course of professional practice or | 13 | | research.
| 14 | | (ll) "Pre-printed prescription" means a written | 15 | | prescription upon which
the designated drug has been indicated | 16 | | prior to the time of issuance; the term does not mean a written | 17 | | prescription that is individually generated by machine or | 18 | | computer in the prescriber's office.
| 19 | | (mm) "Prescriber" means a physician licensed to practice | 20 | | medicine in all
its branches, dentist, optometrist, | 21 | | prescribing psychologist licensed under the Clinical | 22 | | Psychologist Licensing Act, podiatric physician , or
| 23 | | veterinarian who issues a prescription, a physician assistant | 24 | | who
issues a
prescription for a controlled substance
in | 25 | | accordance
with Section 303.05, a written delegation, and a | 26 | | written supervision agreement required under Section 7.5
of the
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| 1 | | Physician Assistant Practice Act of 1987, or an advanced | 2 | | practice
nurse with prescriptive authority delegated under | 3 | | Section 65-40 of the Nurse Practice Act and in accordance with | 4 | | Section 303.05, a written delegation,
and a written
| 5 | | collaborative agreement under Section 65-35 of the Nurse | 6 | | Practice Act.
| 7 | | (nn) "Prescription" means a written, facsimile, or oral | 8 | | order, or an electronic order that complies with applicable | 9 | | federal requirements,
of
a physician licensed to practice | 10 | | medicine in all its branches,
dentist, podiatric physician or | 11 | | veterinarian for any controlled
substance, of an optometrist | 12 | | for a Schedule III, IV, or V controlled substance in accordance | 13 | | with Section 15.1 of the Illinois Optometric Practice Act of | 14 | | 1987, of a physician assistant for a
controlled substance
in | 15 | | accordance with Section 303.05, a written delegation, and a | 16 | | written supervision agreement required under
Section 7.5 of the
| 17 | | Physician Assistant Practice Act of 1987, or of an advanced | 18 | | practice
nurse with prescriptive authority delegated under | 19 | | Section 65-40 of the Nurse Practice Act who issues a | 20 | | prescription for a
controlled substance in accordance
with
| 21 | | Section 303.05, a written delegation, and a written | 22 | | collaborative agreement under Section 65-35 of the Nurse | 23 | | Practice Act when required by law.
| 24 | | (nn-5) "Prescription Information Library" (PIL) means an | 25 | | electronic library that contains reported controlled substance | 26 | | data. |
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| 1 | | (nn-10) "Prescription Monitoring Program" (PMP) means the | 2 | | entity that collects, tracks, and stores reported data on | 3 | | controlled substances and select drugs pursuant to Section 316. | 4 | | (oo) "Production" or "produce" means manufacture, | 5 | | planting,
cultivating, growing, or harvesting of a controlled | 6 | | substance other than methamphetamine.
| 7 | | (pp) "Registrant" means every person who is required to | 8 | | register
under Section 302 of this Act.
| 9 | | (qq) "Registry number" means the number assigned to each | 10 | | person
authorized to handle controlled substances under the | 11 | | laws of the United
States and of this State.
| 12 | | (qq-5) "Secretary" means, as the context requires, either | 13 | | the Secretary of the Department or the Secretary of the | 14 | | Department of Financial and Professional Regulation, and the | 15 | | Secretary's designated agents. | 16 | | (rr) "State" includes the State of Illinois and any state, | 17 | | district,
commonwealth, territory, insular possession thereof, | 18 | | and any area
subject to the legal authority of the United | 19 | | States of America.
| 20 | | (rr-5) "Stimulant" means any drug that (i) causes an | 21 | | overall excitation of central nervous system functions, (ii) | 22 | | causes impaired consciousness and awareness, and (iii) can be | 23 | | habit-forming or lead to a substance abuse problem, including | 24 | | but not limited to amphetamines and their analogs, | 25 | | methylphenidate and its analogs, cocaine, and phencyclidine | 26 | | and its analogs. |
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| 1 | | (ss) "Ultimate user" means a person who lawfully possesses | 2 | | a
controlled substance for his or her own use or for the use of | 3 | | a member of his or her
household or for administering to an | 4 | | animal owned by him or her or by a member
of his or her | 5 | | household.
| 6 | | (Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; revised | 7 | | 11-12-13.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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