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

SB2187sam001 98TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/16/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2187

2    AMENDMENT NO. ______. Amend Senate Bill 2187 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Clinical Psychologist Licensing Act is
5amended by changing Section 2 and by adding Sections 4.1, 4.2,
64.3, 4.4, 4.5, 4.6, 4.7, and 4.8 as follows:
 
7    (225 ILCS 15/2)  (from Ch. 111, par. 5352)
8    (Section scheduled to be repealed on January 1, 2017)
9    Sec. 2. Definitions. As used in this Act:
10        (1) "Department" means the Department of Financial and
11    Professional Regulation.
12        (2) "Secretary" means the Secretary of Financial and
13    Professional Regulation.
14        (3) "Board" means the Clinical Psychologists Licensing
15    and Disciplinary Board appointed by the Secretary.
16        (4) "Person" means an individual, association,

 

 

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1    partnership or corporation.
2        (5) "Clinical psychology" means the independent
3    evaluation, classification and treatment of mental,
4    emotional, behavioral or nervous disorders or conditions,
5    developmental disabilities, alcoholism and substance
6    abuse, disorders of habit or conduct, the psychological
7    aspects of physical illness. The practice of clinical
8    psychology includes psychoeducational evaluation, therapy,
9    remediation and consultation, the use of psychological and
10    neuropsychological testing, assessment, psychotherapy,
11    psychoanalysis, hypnosis, biofeedback, and behavioral
12    modification when any of these are used for the purpose of
13    preventing or eliminating psychopathology, or for the
14    amelioration of psychological disorders of individuals or
15    groups. "Clinical psychology" does not include the use of
16    hypnosis by unlicensed persons pursuant to Section 3.
17        (6) A person represents himself to be a "clinical
18    psychologist" within the meaning of this Act when he or she
19    holds himself out to the public by any title or description
20    of services incorporating the words "psychological",
21    "psychologic", "psychologist", "psychology", or "clinical
22    psychologist" or under such title or description offers to
23    render or renders clinical psychological services as
24    defined in paragraph (7) of this Section to individuals,
25    corporations, or the public for remuneration.
26        (7) "Clinical psychological services" refers to any

 

 

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1    services under paragraph (5) of this Section if the words
2    "psychological", "psychologic", "psychologist",
3    "psychology" or "clinical psychologist" are used to
4    describe such services by the person or organization
5    offering to render or rendering them.
6        (8) "Drugs" has the meaning given to that term in the
7    Pharmacy Practice Act.
8        (9) "Medicines" has the meaning given to that term in
9    the Pharmacy Practice Act.
10        (10) "Prescription" means an order for a drug,
11    laboratory test, or any medicines, including controlled
12    substances as defined the Illinois Controlled Substances
13    Act, devices, or treatments.
14        (11) "Prescriptive authority" means the authority to
15    prescribe and dispense drugs, medicines, or other
16    treatment procedures.
17        (12) "Prescribing psychologist" means a licensed,
18    doctoral level psychologist who has undergone specialized
19    training, has passed an examination accepted by the Board,
20    and has received a current certificate granting
21    prescriptive authority that has not been revoked or
22    suspended from the Board.
23        (13) "Cross-indicated drug" means a drug that is used
24    for a purpose generally held to be reasonable, appropriate,
25    and within the community standards of practice even though
26    the use is not included in the federal Food and Drug

 

 

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1    Administration's approved labeled indications for the
2    drug.
3    This Act shall not apply to persons lawfully carrying on
4their particular profession or business under any valid
5existing regulatory Act of the State.
6(Source: P.A. 94-870, eff. 6-16-06.)
 
7    (225 ILCS 15/4.1 new)
8    Sec. 4.1. Prescribing psychologist certification;
9prescriptive authority. The Board shall grant certification as
10prescribing psychologists to doctoral level psychologists
11licensed under this Act. The certification shall grant
12prescribing psychologists prescriptive authority to prescribe
13and dispense drugs in accordance with Sections 4.4 and 4.5 of
14this Act. The Board shall develop and implement procedures and
15criteria for reviewing educational and training credentials
16for the certification process and the extent of prescriptive
17authority, in accordance with current standards of
18professional practice.
 
19    (225 ILCS 15/4.2 new)
20    Sec. 4.2. Prescribing psychologist certification
21application requirements.
22    (a) The Department shall grant prescribing psychologists
23certification to a psychologist who applies for certification
24and demonstrates by official transcript or other official

 

 

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1evidence satisfactory to the Board:
2        (1) completion of a doctoral program in psychology from
3    a regionally accredited university or professional school
4    or, if the program is not accredited at the time of
5    graduation, completion of a doctoral program in psychology
6    that meets recognized acceptable professional standards as
7    determined by the Board;
8        (2) possession of a current and valid license to
9    practice psychology in the State;
10        (3) graduation with a master's degree in clinical
11    psychopharmacology from a regionally accredited
12    institution, the curriculum of which shall include
13    instruction in anatomy and physiology, biochemistry,
14    neurosciences, pharmacology, psychopharmacology, clinical
15    medicine, pathophysiology, and physical and laboratory
16    assessment;
17        (4) within the 5 years immediately preceding the date
18    of application, certification by the applicant's
19    supervising psychiatrist or physician as having
20    successfully completed a supervised and relevant clinical
21    experience approved by the Board of no less than an 80-hour
22    practicum in clinical assessment and pathophysiology and
23    an additional supervised practicum of at least 400 hours
24    treating no fewer than 100 patients with mental disorders;
25    both practica shall be supervised by an appropriately
26    trained physician or a prescribing psychologist determined

 

 

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1    by the Board as competent to train the applicant in the
2    treatment of a diverse patient population; a portion of the
3    clinical experience shall occur in one or more of the
4    following settings:
5            (A) correctional facilities;
6            (B) federally qualified health centers, as defined
7        in the Social Security Act (42 U.S.C. 1396d); or
8            (C) community service agencies serving the
9        seriously mentally ill;
10            (D) local, State, or federal facilities; and
11        (5) successful completion of a National certifying
12    exam.
 
13    (225 ILCS 15/4.3 new)
14    Sec. 4.3. Renewal of prescribing psychologist
15certification.
16    (a) The Board shall establish, by rule, a method for the
17renewal every 2 years of prescribing psychologist certificates
18at the time of, or in conjunction with, the renewal of clinical
19psychology licenses.
20    (b) Each applicant for renewal of prescribing psychologist
21certification shall present satisfactory evidence to the Board
22demonstrating the completion of 24 required hours of
23instruction relevant to prescriptive authority during the 24
24months prior to application for renewal. A minimum of 20% of a
25prescribing psychologist's required hours of instruction shall

 

 

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1be provided by a statewide organization representing licensed
2psychologists.
 
3    (225 ILCS 15/4.4 new)
4    Sec. 4.4. Prescribing practices.
5    (a) Every prescription by a prescribing psychologist shall
6(1) comply with all applicable State and federal laws, (2) be
7identified as issued by the psychologist as a prescribing
8psychologist, and (3) include the prescribing psychologist's
9identification number, as assigned by the Board.
10    (b) Records of all prescriptions shall be maintained in
11patient records.
12    (c) A prescribing psychologist shall not delegate the
13prescriptive authority to any other person.
14    (d) A prescribing psychologist shall maintain a written
15collaborative agreement with a physician. For the purposes of
16this Section, "collaborative agreement" means a cooperative
17working relationship between a prescribing psychologist and a
18physician, including diagnosis and cooperation in the
19management and delivery of physical and mental health care as
20described in Section 4.8.
21    (e) A prescribing psychologist shall undertake the
22following measures to ensure patient safety:
23        (1) collect a medical and family history;
24        (2) conduct a mental status examination and mental
25    health differential diagnosis;

 

 

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1        (3) collect information on risk factors related to the
2    diagnostic condition;
3        (4) collect information on food and drug allergies;
4        (5) collect information on patient medications;
5        (6) provide patient education on prescriptions,
6    including dosing requirements and instructions, expected
7    benefits, and potential side effects;
8        (7) record any adverse effects from prescriptions; and
9        (8) maintain progress notes, including a follow-up
10    plan, discharge plan, and other plans as needed.
 
11    (225 ILCS 15/4.5 new)
12    Sec. 4.5. Controlled substance prescriptive authority.
13    (a) When authorized to prescribe controlled substances, a
14prescribing psychologist shall file, in a timely manner, any
15individual Drug Enforcement Agency registrations and
16identification numbers with the Board.
17    (b) The Board shall maintain current records of every
18prescribing psychologist, including Drug Enforcement Agency
19registration and identification numbers.
20    (c) The delegated prescriptive authority under this Act is
21limited to:
22        (1) a drug that is classified as an antianxiety,
23    antidepressant, or antipsychotic central nervous system
24    drug in the most recent publication of Drug Facts and
25    Comparisons (published by the Facts and Comparisons

 

 

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1    Division of J.B. Lippincott Company);
2        (2) a drug that is a cross-indicated drug for the
3    central nervous system drug classification, described in
4    paragraph (1) of this subsection (c), according to any of
5    the following:
6            (A) the American Psychiatric Press Textbook of
7        Psychopharmacy;
8            (B) Current Clinical Strategies for Psychiatry
9            (C) Drug Facts and Comparisons; or
10            (D) a publication with a focus and content similar
11        to publications described in items (A), (B), and (C);
12        or
13        (3) a drug that is:
14            (A) classified in a central nervous system drug
15        category or classification (according to Drug Facts
16        and Comparisons) that is created after March 12, 2002;
17        and
18            (B) prescribed for the treatment of a mental
19        illness (as defined in the most recent publication of
20        the American Psychiatric Association's Diagnostic and
21        Statistical Manual of Mental Disorders or the World
22        Health Organization's International Statistical
23        Classification of Diseases and Related Health Problems
24        Chapter on Mental and Behavioral).
25    (d) To prescribe controlled substances under this Section,
26a prescribing psychologist shall obtain a mid-level

 

 

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1practitioner controlled substance license. Medication orders
2shall be reviewed periodically by the collaborating physician.
3    (e) The collaborating physician shall file with the
4Department notice of delegation of prescriptive authority and
5termination of such delegation in accordance with rules of the
6Department. Upon receipt of this notice of delegating authority
7to prescribe any Schedule II through V controlled substances,
8the licensed advanced practice nurse shall be eligible to
9register for a mid-level practitioner controlled substance
10license under Section 303.05 of the Illinois Controlled
11Substances Act.
12    (f) Nothing in this Act shall be construed to limit the
13method of delegation that may be authorized by any means,
14including, but not limited to, oral, written, electronic,
15standing orders, protocols, guidelines, or verbal orders.
16    (g) Any prescribing psychologist who writes a prescription
17for a controlled substance without having a valid appropriate
18authority may be fined by the Department not more than $50 per
19prescription and the Department may take any other disciplinary
20action provided for in this Act.
21    (h) Nothing in this Section shall be construed to prohibit
22generic substitution.
 
23    (225 ILCS 15/4.6 new)
24    Sec. 4.6. State Board of Pharmacy interaction.
25    (a) The Board shall transmit to the State Board of Pharmacy

 

 

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1an annual list of prescribing psychologists containing the
2following information:
3        (1) the name of the prescribing psychologist;
4        (2) the prescribing psychologist's identification
5    number assigned by the Board; and
6        (3) the effective dates of the prescribing
7    psychologist's certification.
8    (b) The Board shall promptly forward to the Board of
9Pharmacy the names and titles of psychologists added to or
10deleted from the annual list of prescribing psychologists.
11    (c) The Board shall notify the State Board of Pharmacy, in
12a timely manner, upon termination, suspension, or
13reinstatement of a psychologist's certification as a
14prescribing psychologist.
 
15    (225 ILCS 15/4.7 new)
16    Sec. 4.7. Endorsement.
17    (a) Individuals who are already licensed as medical or
18prescribing psychologists in another state may apply for an
19Illinois license by endorsement from that state, or acceptance
20of that state's examination. Applicants from other states may
21not be required to pass an examination in Illinois if they meet
22requirements set forth in this Act and its rules, such as proof
23of education, testing, and experience. The Board shall not
24issue a license until it has received and approved all
25documentation.

 

 

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1    (b) Individuals who graduated from the Department of
2Defense Psychopharmacology Demonstration Project may apply for
3an Illinois license by endorsement. Applicants from the
4Department of Defense Psychopharmacology Demonstration Project
5may not be required to pass an examination in Illinois if they
6meet requirements set forth in this Act and its rules, such as
7proof of education, testing, and experience. The Board shall
8not issue a license until it has received and approved all
9documentation.
 
10    (225 ILCS 15/4.8 new)
11    Sec. 4.8. Written collaborative agreements.
12    (a) A written collaborative agreement is required for all
13prescribing psychologists, except for prescribing
14psychologists who are authorized to practice in a hospital. A
15collaborating physician may, but is not required to, delegate
16prescriptive authority to a prescribing psychologist as part of
17a written collaborative agreement.
18    (b) A written collaborative agreement shall describe the
19working relationship of the prescribing psychologist with the
20collaborating physician and shall delegate prescriptive
21authority as provided in this Act. Collaboration does not
22require an employment relationship between the collaborating
23physician and prescribing psychologist. Absent an employment
24relationship, an agreement may not restrict the categories of
25patients or third-party payment sources accepted by the

 

 

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1prescribing psychologist. "Collaboration" means the
2relationship under which a prescribing psychologist works with
3a collaborating physician to deliver prescribing services in
4accordance with (i) the prescribing psychologist's training,
5education, and experience and (ii) collaboration and
6consultation as documented in a jointly developed written
7collaborative agreement. The agreement shall promote the
8exercise of professional judgment by the prescribing
9psychologist corresponding to his or her education and
10experience. The collaborative relationship under an agreement
11shall not be construed to require the personal presence of a
12physician at the place where services are rendered. Methods of
13communication shall be available for consultation with the
14collaborating physician in person or by telecommunications in
15accordance with established written guidelines as set forth in
16the written agreement.
17    (c) Collaboration and consultation under all collaboration
18agreements shall be adequate if a collaborating physician does
19each of the following:
20        (1) participates in the joint formulation and joint
21    approval of orders or guidelines with the prescribing
22    psychologist and he or she periodically reviews the orders
23    and the services provided patients under the orders in
24    accordance with accepted standards of medical practice and
25    prescribing psychologist practice;
26        (2) provides collaboration and consultation with the

 

 

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1    prescribing psychologist at least once a month; and
2        (3) is available through telecommunications for
3    consultation on medical problems, complications,
4    emergencies, or patient referral.
5    The written collaborative agreement shall contain
6provisions detailing notice for termination or change of status
7involving a written collaborative agreement, except when the
8notice is given for just cause.
9    (d) A copy of the signed written collaborative agreement
10shall be available to the Department upon request to either the
11prescribing psychologist or the collaborating physician.
12    (e) Nothing in this Section shall be construed to limit the
13authority of a prescribing psychologist to perform all duties
14authorized under this Act.
15    (f) A prescribing psychologist shall inform each
16collaborating physician of all collaborative agreements he or
17she has signed and provide a copy of these to any collaborating
18physician.
 
19    Section 10. The Medical Practice Act of 1987 is amended by
20changing Section 54.5 as follows:
 
21    (225 ILCS 60/54.5)
22    (Section scheduled to be repealed on December 31, 2013)
23    Sec. 54.5. Physician delegation of authority to physician
24assistants and advanced practice nurses.

 

 

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1    (a) Physicians licensed to practice medicine in all its
2branches may delegate care and treatment responsibilities to a
3physician assistant under guidelines in accordance with the
4requirements of the Physician Assistant Practice Act of 1987. A
5physician licensed to practice medicine in all its branches may
6enter into supervising physician agreements with no more than 5
7physician assistants as set forth in subsection (a) of Section
87 of the Physician Assistant Practice Act of 1987.
9    (b) A physician licensed to practice medicine in all its
10branches in active clinical practice may collaborate with an
11advanced practice nurse in accordance with the requirements of
12the Nurse Practice Act. Collaboration is for the purpose of
13providing medical consultation, and no employment relationship
14is required. A written collaborative agreement shall conform to
15the requirements of Section 65-35 of the Nurse Practice Act.
16The written collaborative agreement shall be for services the
17collaborating physician generally provides to his or her
18patients in the normal course of clinical medical practice. A
19written collaborative agreement shall be adequate with respect
20to collaboration with advanced practice nurses if all of the
21following apply:
22        (1) The agreement is written to promote the exercise of
23    professional judgment by the advanced practice nurse
24    commensurate with his or her education and experience. The
25    agreement need not describe the exact steps that an
26    advanced practice nurse must take with respect to each

 

 

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1    specific condition, disease, or symptom, but must specify
2    those procedures that require a physician's presence as the
3    procedures are being performed.
4        (2) Practice guidelines and orders are developed and
5    approved jointly by the advanced practice nurse and
6    collaborating physician, as needed, based on the practice
7    of the practitioners. Such guidelines and orders and the
8    patient services provided thereunder are periodically
9    reviewed by the collaborating physician.
10        (3) The advance practice nurse provides services the
11    collaborating physician generally provides to his or her
12    patients in the normal course of clinical practice, except
13    as set forth in subsection (b-5) of this Section. With
14    respect to labor and delivery, the collaborating physician
15    must provide delivery services in order to participate with
16    a certified nurse midwife.
17        (4) The collaborating physician and advanced practice
18    nurse consult at least once a month to provide
19    collaboration and consultation.
20        (5) Methods of communication are available with the
21    collaborating physician in person or through
22    telecommunications for consultation, collaboration, and
23    referral as needed to address patient care needs.
24        (6) The agreement contains provisions detailing notice
25    for termination or change of status involving a written
26    collaborative agreement, except when such notice is given

 

 

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1    for just cause.
2    (b-5) An anesthesiologist or physician licensed to
3practice medicine in all its branches may collaborate with a
4certified registered nurse anesthetist in accordance with
5Section 65-35 of the Nurse Practice Act for the provision of
6anesthesia services. With respect to the provision of
7anesthesia services, the collaborating anesthesiologist or
8physician shall have training and experience in the delivery of
9anesthesia services consistent with Department rules.
10Collaboration shall be adequate if:
11        (1) an anesthesiologist or a physician participates in
12    the joint formulation and joint approval of orders or
13    guidelines and periodically reviews such orders and the
14    services provided patients under such orders; and
15        (2) for anesthesia services, the anesthesiologist or
16    physician participates through discussion of and agreement
17    with the anesthesia plan and is physically present and
18    available on the premises during the delivery of anesthesia
19    services for diagnosis, consultation, and treatment of
20    emergency medical conditions. Anesthesia services in a
21    hospital shall be conducted in accordance with Section 10.7
22    of the Hospital Licensing Act and in an ambulatory surgical
23    treatment center in accordance with Section 6.5 of the
24    Ambulatory Surgical Treatment Center Act.
25    (b-10) The anesthesiologist or operating physician must
26agree with the anesthesia plan prior to the delivery of

 

 

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1services.
2    (c) The supervising physician shall have access to the
3medical records of all patients attended by a physician
4assistant. The collaborating physician shall have access to the
5medical records of all patients attended to by an advanced
6practice nurse.
7    (d) (Blank).
8    (e) A physician shall not be liable for the acts or
9omissions of a prescribing psychologist, physician assistant,
10or advanced practice nurse solely on the basis of having signed
11a supervision agreement or guidelines or a collaborative
12agreement, an order, a standing medical order, a standing
13delegation order, or other order or guideline authorizing a
14prescribing psychologist, physician assistant, or advanced
15practice nurse to perform acts, unless the physician has reason
16to believe the prescribing psychologist, physician assistant,
17or advanced practice nurse lacked the competency to perform the
18act or acts or commits willful and wanton misconduct.
19    (f) A collaborating physician may, but is not required to,
20delegate prescriptive authority to an advanced practice nurse
21as part of a written collaborative agreement, and the
22delegation of prescriptive authority shall conform to the
23requirements of Section 65-40 of the Nurse Practice Act.
24    (g) A supervising physician may, but is not required to,
25delegate prescriptive authority to a physician assistant as
26part of a written supervision agreement, and the delegation of

 

 

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1prescriptive authority shall conform to the requirements of
2Section 7.5 of the Physician Assistant Practice Act of 1987.
3    (h) A collaborating physician may, but is not required to,
4delegate prescriptive authority to a prescribing psychologist
5as part of a written collaborative agreement, and the
6delegation of prescriptive authority shall conform to the
7requirements of Section 4.8 of the Clinical Psychologist
8Licensing Act.
9(Source: P.A. 96-618, eff. 1-1-10; 97-358, eff. 8-12-11;
1097-1071, eff. 8-24-12.)
 
11    Section 15. The Illinois Controlled Substances Act is
12amended by changing Section 102 as follows:
 
13    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
14    Sec. 102. Definitions. As used in this Act, unless the
15context otherwise requires:
16    (a) "Addict" means any person who habitually uses any drug,
17chemical, substance or dangerous drug other than alcohol so as
18to endanger the public morals, health, safety or welfare or who
19is so far addicted to the use of a dangerous drug or controlled
20substance other than alcohol as to have lost the power of self
21control with reference to his or her addiction.
22    (b) "Administer" means the direct application of a
23controlled substance, whether by injection, inhalation,
24ingestion, or any other means, to the body of a patient,

 

 

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

 

 

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

 

 

09800SB2187sam001- 22 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 23 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 24 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 25 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 26 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 27 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 28 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 29 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 30 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 31 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 32 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 33 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 34 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 35 -LRB098 10555 MGM 44706 a

1        chemical analysis and not for sale.
2    (z-1) (Blank).
3    (z-5) "Medication shopping" means the conduct prohibited
4under subsection (a) of Section 314.5 of this Act.
5    (z-10) "Mid-level practitioner" means (i) a physician
6assistant who has been delegated authority to prescribe through
7a written delegation of authority by a physician licensed to
8practice medicine in all of its branches, in accordance with
9Section 7.5 of the Physician Assistant Practice Act of 1987,
10(ii) an advanced practice nurse who has been delegated
11authority to prescribe through a written delegation of
12authority by a physician licensed to practice medicine in all
13of its branches or by a podiatrist, in accordance with Section
1465-40 of the Nurse Practice Act, or (iii) an animal euthanasia
15agency.
16    (aa) "Narcotic drug" means any of the following, whether
17produced directly or indirectly by extraction from substances
18of vegetable origin, or independently by means of chemical
19synthesis, or by a combination of extraction and chemical
20synthesis:
21        (1) opium, opiates, derivatives of opium and opiates,
22    including their isomers, esters, ethers, salts, and salts
23    of isomers, esters, and ethers, whenever the existence of
24    such isomers, esters, ethers, and salts is possible within
25    the specific chemical designation; however the term
26    "narcotic drug" does not include the isoquinoline

 

 

09800SB2187sam001- 36 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 37 -LRB098 10555 MGM 44706 a

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

 

 

09800SB2187sam001- 38 -LRB098 10555 MGM 44706 a

1practical nurse, registered nurse, hospital, laboratory, or
2pharmacy, or other person licensed, registered, or otherwise
3lawfully permitted by the United States or this State to
4distribute, dispense, conduct research with respect to,
5administer or use in teaching or chemical analysis, a
6controlled substance in the course of professional practice or
7research.
8    (ll) "Pre-printed prescription" means a written
9prescription upon which the designated drug has been indicated
10prior to the time of issuance; the term does not mean a written
11prescription that is individually generated by machine or
12computer in the prescriber's office.
13    (mm) "Prescriber" means a physician licensed to practice
14medicine in all its branches, dentist, optometrist,
15prescribing psychologist certified under the Clinical
16Psychologist Licensing Act, podiatrist, or veterinarian who
17issues a prescription, a physician assistant who issues a
18prescription for a controlled substance in accordance with
19Section 303.05, a written delegation, and a written supervision
20agreement required under Section 7.5 of the Physician Assistant
21Practice Act of 1987, or an advanced practice nurse with
22prescriptive authority delegated under Section 65-40 of the
23Nurse Practice Act and in accordance with Section 303.05, a
24written delegation, and a written collaborative agreement
25under Section 65-35 of the Nurse Practice Act.
26    (nn) "Prescription" means a written, facsimile, or oral

 

 

09800SB2187sam001- 39 -LRB098 10555 MGM 44706 a

1order, or an electronic order that complies with applicable
2federal requirements, of a physician licensed to practice
3medicine in all its branches, dentist, podiatrist or
4veterinarian for any controlled substance, of an optometrist
5for a Schedule III, IV, or V controlled substance in accordance
6with Section 15.1 of the Illinois Optometric Practice Act of
71987, of a physician assistant for a controlled substance in
8accordance with Section 303.05, a written delegation, and a
9written supervision agreement required under Section 7.5 of the
10Physician Assistant Practice Act of 1987, or of an advanced
11practice nurse with prescriptive authority delegated under
12Section 65-40 of the Nurse Practice Act who issues a
13prescription for a controlled substance in accordance with
14Section 303.05, a written delegation, and a written
15collaborative agreement under Section 65-35 of the Nurse
16Practice Act when required by law.
17    (nn-5) "Prescription Information Library" (PIL) means an
18electronic library that contains reported controlled substance
19data.
20    (nn-10) "Prescription Monitoring Program" (PMP) means the
21entity that collects, tracks, and stores reported data on
22controlled substances and select drugs pursuant to Section 316.
23    (oo) "Production" or "produce" means manufacture,
24planting, cultivating, growing, or harvesting of a controlled
25substance other than methamphetamine.
26    (pp) "Registrant" means every person who is required to

 

 

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1register under Section 302 of this Act.
2    (qq) "Registry number" means the number assigned to each
3person authorized to handle controlled substances under the
4laws of the United States and of this State.
5    (qq-5) "Secretary" means, as the context requires, either
6the Secretary of the Department or the Secretary of the
7Department of Financial and Professional Regulation, and the
8Secretary's designated agents.
9    (rr) "State" includes the State of Illinois and any state,
10district, commonwealth, territory, insular possession thereof,
11and any area subject to the legal authority of the United
12States of America.
13    (rr-5) "Stimulant" means any drug that (i) causes an
14overall excitation of central nervous system functions, (ii)
15causes impaired consciousness and awareness, and (iii) can be
16habit-forming or lead to a substance abuse problem, including
17but not limited to amphetamines and their analogs,
18methylphenidate and its analogs, cocaine, and phencyclidine
19and its analogs.
20    (ss) "Ultimate user" means a person who lawfully possesses
21a controlled substance for his or her own use or for the use of
22a member of his or her household or for administering to an
23animal owned by him or her or by a member of his or her
24household.
25(Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09;
2697-334, eff. 1-1-12.)".