Full Text of SB1585 100th General Assembly
SB1585enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.28 and by adding Section 4.38 as follows: | 6 | | (5 ILCS 80/4.28) | 7 | | Sec. 4.28. Acts
repealed on January 1, 2018. The following | 8 | | Acts are
repealed on January 1, 2018: | 9 | | The Illinois Petroleum Education and Marketing Act.
| 10 | | The Podiatric Medical Practice Act of 1987. | 11 | | The Acupuncture Practice Act. | 12 | | The Illinois Speech-Language Pathology and Audiology | 13 | | Practice Act. | 14 | | The Interpreter for the Deaf Licensure Act of 2007. | 15 | | The Nurse Practice Act. | 16 | | The Clinical Social Work and Social Work Practice Act. | 17 | | The Pharmacy Practice Act. | 18 | | The Home Medical Equipment and Services Provider License | 19 | | Act. | 20 | | The Marriage and Family Therapy Licensing Act. | 21 | | The Nursing Home Administrators Licensing and Disciplinary | 22 | | Act. | 23 | | The Physician Assistant Practice Act of 1987. |
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| 1 | | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | 2 | | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | 3 | | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | 4 | | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | 5 | | 96-328, eff. 8-11-09.) | 6 | | (5 ILCS 80/4.38 new) | 7 | | Sec. 4.38. Act repealed on January 1, 2028. The following | 8 | | Act is repealed on January 1, 2028: | 9 | | The Physician Assistant Practice Act of 1987. | 10 | | Section 7. The Medical Practice Act of 1987 is amended by | 11 | | changing Section 54.5 as follows:
| 12 | | (225 ILCS 60/54.5)
| 13 | | (Section scheduled to be repealed on December 31, 2017)
| 14 | | Sec. 54.5. Physician delegation of authority to physician | 15 | | assistants, advanced practice nurses, and prescribing | 16 | | psychologists.
| 17 | | (a) Physicians licensed to practice medicine in all its
| 18 | | branches may delegate care and treatment responsibilities to a
| 19 | | physician assistant under guidelines in accordance with the
| 20 | | requirements of the Physician Assistant Practice Act of
1987. A | 21 | | physician licensed to practice medicine in all its
branches may | 22 | | enter into collaborative supervising physician agreements with
| 23 | | no more than 5 full-time equivalent physician assistants , |
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| 1 | | except in a hospital, hospital affiliate, or ambulatory | 2 | | surgical treatment center as set forth by Section 7.7 of the | 3 | | Physician Assistant Practice Act of 1987 as set forth in | 4 | | subsection (a) of Section 7 of the Physician Assistant Practice | 5 | | Act of 1987 .
| 6 | | (b) A physician licensed to practice medicine in all its
| 7 | | branches in active clinical practice may collaborate with an | 8 | | advanced practice
nurse in accordance with the requirements of | 9 | | the Nurse Practice Act. Collaboration
is for the purpose of | 10 | | providing medical consultation,
and no employment relationship | 11 | | is required. A
written collaborative agreement shall
conform to | 12 | | the requirements of Section 65-35 of the Nurse Practice Act. | 13 | | The written collaborative agreement shall
be for
services in | 14 | | the same area of practice or specialty as the collaborating | 15 | | physician in
his or her clinical medical practice.
A written | 16 | | collaborative agreement shall be adequate with respect to | 17 | | collaboration
with advanced practice nurses if all of the | 18 | | following apply:
| 19 | | (1) The agreement is written to promote the exercise of | 20 | | professional judgment by the advanced practice nurse | 21 | | commensurate with his or her education and experience.
| 22 | | (2) The advance practice nurse provides services based | 23 | | upon a written collaborative agreement with the | 24 | | collaborating physician, except as set forth in subsection | 25 | | (b-5) of this Section. With respect to labor and delivery, | 26 | | the collaborating physician must provide delivery services |
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| 1 | | in order to participate with a certified nurse midwife. | 2 | | (3) Methods of communication are available with the | 3 | | collaborating physician in person or through | 4 | | telecommunications for consultation, collaboration, and | 5 | | referral as needed to address patient care needs.
| 6 | | (b-5) An anesthesiologist or physician licensed to | 7 | | practice medicine in
all its branches may collaborate with a | 8 | | certified registered nurse anesthetist
in accordance with | 9 | | Section 65-35 of the Nurse Practice Act for the provision of | 10 | | anesthesia services. With respect to the provision of | 11 | | anesthesia services, the collaborating anesthesiologist or | 12 | | physician shall have training and experience in the delivery of | 13 | | anesthesia services consistent with Department rules. | 14 | | Collaboration shall be
adequate if:
| 15 | | (1) an anesthesiologist or a physician
participates in | 16 | | the joint formulation and joint approval of orders or
| 17 | | guidelines and periodically reviews such orders and the | 18 | | services provided
patients under such orders; and
| 19 | | (2) for anesthesia services, the anesthesiologist
or | 20 | | physician participates through discussion of and agreement | 21 | | with the
anesthesia plan and is physically present and | 22 | | available on the premises during
the delivery of anesthesia | 23 | | services for
diagnosis, consultation, and treatment of | 24 | | emergency medical conditions.
Anesthesia services in a | 25 | | hospital shall be conducted in accordance with
Section 10.7 | 26 | | of the Hospital Licensing Act and in an ambulatory surgical
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| 1 | | treatment center in accordance with Section 6.5 of the | 2 | | Ambulatory Surgical
Treatment Center Act.
| 3 | | (b-10) The anesthesiologist or operating physician must | 4 | | agree with the
anesthesia plan prior to the delivery of | 5 | | services.
| 6 | | (c) The collaborating supervising physician shall have | 7 | | access to the
medical records of all patients attended by a | 8 | | physician
assistant. The collaborating physician shall have | 9 | | access to
the medical records of all patients attended to by an
| 10 | | advanced practice nurse.
| 11 | | (d) (Blank).
| 12 | | (e) A physician shall not be liable for the acts or
| 13 | | omissions of a prescribing psychologist, physician assistant, | 14 | | or advanced practice
nurse solely on the basis of having signed | 15 | | a
supervision agreement or guidelines or a collaborative
| 16 | | agreement, an order, a standing medical order, a
standing | 17 | | delegation order, or other order or guideline
authorizing a | 18 | | prescribing psychologist, physician assistant, or advanced | 19 | | practice
nurse to perform acts, unless the physician has
reason | 20 | | to believe the prescribing psychologist, physician assistant, | 21 | | or advanced
practice nurse lacked the competency to perform
the | 22 | | act or acts or commits willful and wanton misconduct.
| 23 | | (f) A collaborating physician may, but is not required to, | 24 | | delegate prescriptive authority to an advanced practice nurse | 25 | | as part of a written collaborative agreement, and the | 26 | | delegation of prescriptive authority shall conform to the |
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| 1 | | requirements of Section 65-40 of the Nurse Practice Act. | 2 | | (g) A collaborating supervising physician may, but is not | 3 | | required to, delegate prescriptive authority to a physician | 4 | | assistant as part of a written collaborative supervision | 5 | | agreement, and the delegation of prescriptive authority shall | 6 | | conform to the requirements of Section 7.5 of the Physician | 7 | | Assistant Practice Act of 1987. | 8 | | (h) (Blank). | 9 | | (i) A collaborating physician shall delegate prescriptive | 10 | | authority to a prescribing psychologist as part of a written | 11 | | collaborative agreement, and the delegation of prescriptive | 12 | | authority shall conform to the requirements of Section 4.3 of | 13 | | the Clinical Psychologist Licensing Act. | 14 | | (Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14; | 15 | | 99-173, eff. 7-29-15 .)
| 16 | | Section 10. The Physician Assistant Practice Act of 1987 is | 17 | | amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 7.5, 7.7, 9, | 18 | | 10, 10.5, 12, 13, 14.1, 16, 21, 22.2, 22.6, 22.7, 22.11, 22.14, | 19 | | and 23 and by adding Sections 4.5, 5.3, 5.5, 11.5, and 22.17 as | 20 | | follows:
| 21 | | (225 ILCS 95/1) (from Ch. 111, par. 4601)
| 22 | | (Section scheduled to be repealed on January 1, 2018)
| 23 | | Sec. 1. Legislative purpose. The practice as a physician | 24 | | assistant in the State of
Illinois is hereby declared to affect |
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| 1 | | the public health, safety and welfare
and to be subject to | 2 | | regulation and control in the public interest. The
purpose and | 3 | | legislative intent of this Act is to encourage and promote the
| 4 | | more effective utilization of the skills of physicians by | 5 | | enabling them to
delegate certain health tasks to physician | 6 | | assistants where such delegation
is consistent with the health | 7 | | and welfare of the patient and is conducted
at the direction of | 8 | | and under the responsible supervision of the physician.
| 9 | | It is further declared to be a matter of public health and | 10 | | concern that
the practice as a physician assistant, as defined | 11 | | in this Act, merit and
receive the confidence of the public, | 12 | | that only qualified persons be
authorized to practice as a | 13 | | physician assistant in the State of Illinois.
This Act shall be | 14 | | liberally construed to best carry out these subjects
and | 15 | | purposes.
| 16 | | (Source: P.A. 85-981 .)
| 17 | | (225 ILCS 95/2) (from Ch. 111, par. 4602)
| 18 | | (Section scheduled to be repealed on January 1, 2018)
| 19 | | Sec. 2. Short title. This Act Article shall be known and | 20 | | may be cited as the " Physician
Assistant Practice Act of 1987 " .
| 21 | | (Source: P.A. 85-981 .)
| 22 | | (225 ILCS 95/3) (from Ch. 111, par. 4603)
| 23 | | (Section scheduled to be repealed on January 1, 2018)
| 24 | | Sec. 3. Illinois Administrative Procedure Act. The |
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| 1 | | Illinois Administrative Procedure
Act is hereby expressly | 2 | | adopted and incorporated herein as if all of the
provisions of | 3 | | that Act were included in this Act, except that the provision | 4 | | of
subsection (d) of Section 10-65 of the Illinois | 5 | | Administrative Procedure Act
that provides that at hearings the | 6 | | licensee has the right to show compliance
with all lawful | 7 | | requirements for retention, continuation or renewal of the
| 8 | | license is specifically excluded. For the purposes of this Act | 9 | | the notice
required under Section 10-25 of the Illinois | 10 | | Administrative Procedure Act is deemed
sufficient when | 11 | | personally served, mailed to the address of record of the | 12 | | applicant or licensee, or emailed to the email address of | 13 | | record of the applicant or licensee last known address of a | 14 | | party . The Secretary
may adopt
promulgate rules for the | 15 | | administration and enforcement of this Act and may
prescribe | 16 | | forms to be issued in connection with this Act.
| 17 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 18 | | (225 ILCS 95/4) (from Ch. 111, par. 4604)
| 19 | | (Section scheduled to be repealed on January 1, 2018)
| 20 | | Sec. 4. Definitions. In this Act:
| 21 | | 1. "Department" means the Department of Financial and
| 22 | | Professional Regulation.
| 23 | | 2. "Secretary" means the Secretary
of Financial and | 24 | | Professional Regulation.
| 25 | | 3. "Physician assistant" means any person not holding an |
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| 1 | | active license or permit issued by the Department pursuant to | 2 | | the Medical Practice Act of 1987 who has been
certified as a | 3 | | physician assistant by the National Commission on the
| 4 | | Certification of Physician Assistants or equivalent successor | 5 | | agency and
performs procedures in collaboration with under the | 6 | | supervision of a physician as defined in this
Act. A physician | 7 | | assistant may perform such procedures within the
specialty of | 8 | | the collaborating supervising physician, except that such | 9 | | physician shall
exercise such direction, collaboration, | 10 | | supervision and control over such physician
assistants as will | 11 | | assure that patients shall receive quality medical
care. | 12 | | Physician assistants shall be capable of performing a variety | 13 | | of tasks
within the specialty of medical care under the in | 14 | | collaboration with supervision of a physician.
Collaboration | 15 | | with Supervision of the physician assistant shall not be | 16 | | construed to
necessarily require the personal presence of the | 17 | | collaborating supervising physician at
all times at the place | 18 | | where services are rendered, as long as there is
communication | 19 | | available for consultation by radio, telephone or
| 20 | | telecommunications within established guidelines as determined | 21 | | by the
physician/physician assistant team. The collaborating | 22 | | supervising physician may delegate
tasks and duties to the | 23 | | physician assistant. Delegated tasks or duties
shall be | 24 | | consistent with physician assistant education, training, and
| 25 | | experience. The delegated tasks or duties shall be specific to | 26 | | the
practice setting and shall be implemented and reviewed |
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| 1 | | under a written collaborative supervision agreement
| 2 | | established by the physician or physician/physician assistant | 3 | | team. A
physician assistant, acting as an agent of the | 4 | | physician, shall be
permitted to transmit the collaborating | 5 | | supervising physician's orders as determined by
the | 6 | | institution's by-laws, policies, procedures, or job | 7 | | description within
which the physician/physician assistant | 8 | | team practices. Physician
assistants shall practice only in | 9 | | accordance with a written collaborative supervision agreement.
| 10 | | Any person who holds an active license or permit issued | 11 | | pursuant to the Medical Practice Act of 1987 shall have that | 12 | | license automatically placed into inactive status upon | 13 | | issuance of a physician assistant license. Any person who holds | 14 | | an active license as a physician assistant who is issued a | 15 | | license or permit pursuant to the Medical Practice Act of 1987 | 16 | | shall have his or her physician assistant license automatically | 17 | | placed into inactive status. | 18 | | 3.5. "Physician assistant practice" means the performance | 19 | | of procedures within the specialty of the collaborating | 20 | | physician. Physician assistants shall be capable of performing | 21 | | a variety of tasks within the specialty of medical care of the | 22 | | collaborating physician. Collaboration with the physician | 23 | | assistant shall not be construed to necessarily require the | 24 | | personal presence of the collaborating physician at all times | 25 | | at the place where services are rendered, as long as there is | 26 | | communication available for consultation by radio, telephone, |
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| 1 | | telecommunications, or electronic communications. The | 2 | | collaborating physician may delegate tasks and duties to the | 3 | | physician assistant. Delegated tasks or duties shall be | 4 | | consistent with physician assistant education, training, and | 5 | | experience. The delegated tasks or duties shall be specific to | 6 | | the practice setting and shall be implemented and reviewed | 7 | | under a written collaborative agreement established by the | 8 | | physician or physician/physician assistant team. A physician | 9 | | assistant shall be permitted to transmit the collaborating | 10 | | physician's orders as determined by the institution's bylaws, | 11 | | policies, or procedures or the job description within which the | 12 | | physician/physician assistant team practices. Physician | 13 | | assistants shall practice only in accordance with a written | 14 | | collaborative agreement, except as provided in Section 7.5 of | 15 | | this Act. | 16 | | 4. "Board" means the Medical Licensing Board
constituted | 17 | | under the Medical Practice Act of 1987.
| 18 | | 5. "Disciplinary Board" means the Medical Disciplinary | 19 | | Board constituted
under the Medical Practice Act of 1987.
| 20 | | 6. "Physician" means , for purposes of this Act, a person | 21 | | licensed to
practice medicine in all of its branches under the | 22 | | Medical Practice Act of 1987.
| 23 | | 7. "Collaborating physician" means the physician who, | 24 | | within
his or her specialty and expertise, may delegate a | 25 | | variety of
tasks and procedures to the physician assistant. | 26 | | Such tasks and
procedures shall be delegated in accordance with |
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| 1 | | a written
collaborative agreement. "Supervising Physician" | 2 | | means, for the purposes of this Act, the
primary supervising | 3 | | physician of a physician assistant, who, within his specialty | 4 | | and expertise may delegate a variety of tasks and procedures to
| 5 | | the physician assistant. Such tasks and procedures shall be | 6 | | delegated
in accordance with a written supervision agreement. | 7 | | The supervising physician maintains the
final responsibility | 8 | | for the care of the patient and the performance of the
| 9 | | physician assistant.
| 10 | | 8. (Blank). "Alternate supervising physician" means, for | 11 | | the purpose of this Act,
any physician designated by the | 12 | | supervising physician to provide
supervision in the event that | 13 | | he or she is unable to provide that supervision. The Department | 14 | | may further define "alternate supervising physician" by rule.
| 15 | | The alternate supervising physicians shall maintain all | 16 | | the same
responsibilities as the supervising physician. | 17 | | Nothing in this Act shall
be construed as relieving any | 18 | | physician of the professional or legal
responsibility for the | 19 | | care and treatment of persons attended by him or by
physician | 20 | | assistants under his supervision. Nothing in this Act shall be
| 21 | | construed as to limit the reasonable number of alternate | 22 | | supervising
physicians, provided they are designated by the | 23 | | supervising physician. | 24 | | 9. "Address of record" means the designated address | 25 | | recorded by the Department in the applicant's or licensee's | 26 | | application file or license file maintained by the Department's |
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| 1 | | licensure maintenance unit. It is the duty of the applicant or | 2 | | licensee to inform the Department of any change of address, and | 3 | | such changes must be made either through the Department's | 4 | | website or by contacting the Department's licensure | 5 | | maintenance unit.
| 6 | | 10. "Hospital affiliate" means a corporation, partnership, | 7 | | joint venture, limited liability company, or similar | 8 | | organization, other than a hospital, that is devoted primarily | 9 | | to the provision, management, or support of health care | 10 | | services and that directly or indirectly controls, is | 11 | | controlled by, or is under common control of the hospital. For | 12 | | the purposes of this definition, "control" means having at | 13 | | least an equal or a majority ownership or membership interest. | 14 | | A hospital affiliate shall be 100% owned or controlled by any | 15 | | combination of hospitals, their parent corporations, or | 16 | | physicians licensed to practice medicine in all its branches in | 17 | | Illinois. "Hospital affiliate" does not include a health | 18 | | maintenance organization regulated under the Health | 19 | | Maintenance Organization Act. | 20 | | 11. "Email address of record" means the designated email | 21 | | address recorded by the Department in the applicant's | 22 | | application file or the licensee's license file, as maintained | 23 | | by the Department's licensure maintenance unit. | 24 | | (Source: P.A. 99-330, eff. 1-1-16.)
| 25 | | (225 ILCS 95/4.5 new) |
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| 1 | | Sec. 4.5. Address of record; email address of record. All | 2 | | applicants and licensees shall: | 3 | | (1) provide a valid address and email address to the | 4 | | Department, which shall serve as the address of record and | 5 | | email address of record, respectively, at the time of | 6 | | application for licensure or renewal of a license; and | 7 | | (2) inform the Department of any change of address of | 8 | | record or email address of record within 14 days after such | 9 | | change either through the Department's website or by | 10 | | contacting the Department's licensure maintenance unit.
| 11 | | (225 ILCS 95/5) (from Ch. 111, par. 4605)
| 12 | | (Section scheduled to be repealed on January 1, 2018)
| 13 | | Sec. 5. Applicability. This Act does not prohibit:
| 14 | | (1) any 1. Any person licensed in this State under any | 15 | | other Act from engaging
in the practice for which he is | 16 | | licensed;
| 17 | | (2) the 2. The practice as a physician assistant by a | 18 | | person who is employed
by the United States government or | 19 | | any bureau, division or agency thereof
while in the | 20 | | discharge of the employee's official duties;
| 21 | | (3) the 3. The practice as a physician assistant which | 22 | | is included in their
program of study by students enrolled | 23 | | in schools or in refresher courses
approved by the | 24 | | Department.
| 25 | | 4. The practice, services, or activities of persons |
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| 1 | | practicing the specified occupations set forth in | 2 | | subsection (a) of, and pursuant to a licensing exemption | 3 | | granted in subsection (b) or (d) of, Section 2105-350 of | 4 | | the Department of Professional Regulation Law of the Civil | 5 | | Administrative Code of Illinois, but only for so long as | 6 | | the 2016 Olympic and Paralympic Games Professional | 7 | | Licensure Exemption Law is operable. | 8 | | (Source: P.A. 96-7, eff. 4-3-09.)
| 9 | | (225 ILCS 95/5.3 new) | 10 | | Sec. 5.3. Advertising. | 11 | | (a) As used in this Section, "advertise" means solicitation
| 12 | | by the licensee or through another person or entity by means of | 13 | | hand bills, posters, circulars, motion pictures, radio, | 14 | | newspapers, or television or any other manner. | 15 | | (b) A person licensed under this Act as a physician | 16 | | assistant may advertise the availability of professional | 17 | | services in the public media or on the premises where the | 18 | | professional services are rendered. The advertising is limited | 19 | | to the following information: | 20 | | (1) publication of the person's name, title, office | 21 | | hours, address, and telephone number; | 22 | | (2) information pertaining to the person's areas of
| 23 | | specialization, including, but not limited to, appropriate | 24 | | board certification or limitation of professional | 25 | | practice; |
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| 1 | | (3) publication of the person's collaborating | 2 | | physician's name, title, and areas of specialization; | 3 | | (4) information on usual and customary fees for routine | 4 | | professional services offered, which shall include | 5 | | notification that fees may be adjusted due to complications | 6 | | or unforeseen circumstances; | 7 | | (5) announcements of the opening of, change of, absence | 8 | | from, or return to business; | 9 | | (6) announcements of additions to or deletions from | 10 | | professional licensed staff; and | 11 | | (7) the issuance of business or appointment cards. | 12 | | (c) It is unlawful for a person licensed under this Act as | 13 | | a physician assistant to use claims of superior quality of care | 14 | | to entice the public. It is unlawful to advertise fee | 15 | | comparisons of available services with those of other licensed | 16 | | persons. | 17 | | (d) This Section does not authorize the advertising of | 18 | | professional services that the offeror of the services is not | 19 | | licensed or authorized to render. The advertiser shall not use | 20 | | statements that contain false, fraudulent, deceptive, or | 21 | | misleading material or guarantees of success, statements that | 22 | | play upon the vanity or fears of the public, or statements that | 23 | | promote or produce unfair competition. | 24 | | (e) It is unlawful and punishable under the penalty | 25 | | provisions of this Act for a person licensed under this Act to | 26 | | knowingly advertise that the licensee will accept as payment |
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| 1 | | for services rendered by assignment from any third-party payor
| 2 | | the amount the third-party payor covers as payment in full if | 3 | | the effect is to give the impression of eliminating the need of | 4 | | payment by the patient of any required deductible or copayment | 5 | | applicable in the patient's health benefit plan. | 6 | | (f) A licensee shall include in every advertisement for | 7 | | services regulated under this Act his or her title as it | 8 | | appears on the license or the initials authorized under this | 9 | | Act. | 10 | | (225 ILCS 95/5.5 new) | 11 | | Sec. 5.5. Billing. A physician assistant shall not be | 12 | | allowed to personally bill patients or in any way charge for | 13 | | services. The employer of a physician assistant may charge for | 14 | | services rendered by the physician assistant. All claims for | 15 | | services rendered by the physician assistant shall be submitted | 16 | | using the physician assistant's national provider | 17 | | identification number as the billing provider whenever | 18 | | appropriate. Payment for services rendered by a physician | 19 | | assistant shall be made to his or her employer if the payor | 20 | | would have made payment had the services been provided by a | 21 | | physician licensed to provide medicine in all of its branches.
| 22 | | (225 ILCS 95/6) (from Ch. 111, par. 4606)
| 23 | | (Section scheduled to be repealed on January 1, 2018)
| 24 | | Sec. 6. Physician assistant title Title; advertising |
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| 1 | | billing .
| 2 | | (a) No physician assistant shall use
the title of doctor , | 3 | | physician, or associate with his or her name or any other term | 4 | | that
would indicate to other persons that he or she is | 5 | | qualified to engage in the
general practice of medicine.
| 6 | | (b) A physician assistant shall verbally identify himself | 7 | | or herself as a physician assistant, including specialty | 8 | | certification, to each patient. | 9 | | (c) Nothing in this Act shall be construed to relieve a | 10 | | physician assistant of the professional or legal | 11 | | responsibility for the care and treatment of persons attended | 12 | | by him or her. | 13 | | (b) A licensee shall include in every advertisement for | 14 | | services regulated
under
this Act his or her title as it | 15 | | appears on the license or the initials
authorized under this | 16 | | Act.
| 17 | | (c) A physician assistant shall not be allowed to bill | 18 | | patients or
in any way to charge for services. Nothing in this | 19 | | Act, however, shall be
so construed as to prevent the employer | 20 | | of a physician assistant from
charging for services rendered by | 21 | | the physician assistant.
Payment for services rendered by a | 22 | | physician assistant shall be made to his or
her employer if the | 23 | | payor would have made payment had the services been
provided by | 24 | | a physician licensed to practice medicine in all its branches.
| 25 | | (d) The collaborating supervising physician shall file | 26 | | with the Department notice of
employment, discharge, or |
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| 1 | | collaboration with supervisory control of a physician | 2 | | assistant at the
time of employment, discharge, or assumption | 3 | | of collaboration with supervisory control of a
physician | 4 | | assistant.
| 5 | | (Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97; | 6 | | 90-655, eff.
7-30-98; 91-310, eff. 1-1-00 .)
| 7 | | (225 ILCS 95/7) (from Ch. 111, par. 4607)
| 8 | | (Section scheduled to be repealed on January 1, 2018)
| 9 | | Sec. 7. Collaboration Supervision requirements. | 10 | | (a) A collaborating supervising physician shall determine | 11 | | the number of physician assistants to collaborate with, under | 12 | | his or her supervision provided the physician is able to | 13 | | provide adequate collaboration supervision as outlined in the | 14 | | written collaborative supervision agreement required under | 15 | | Section 7.5 of this Act and consideration is given to the | 16 | | nature of the physician's practice, complexity of the patient | 17 | | population, and the experience of each supervised physician | 18 | | assistant. A collaborating physician may collaborate with a | 19 | | maximum of 5 full-time equivalent physician assistants. As used | 20 | | in this Section, "full-time equivalent" means the equivalent of | 21 | | 40 hours per week per individual. Physicians and physician | 22 | | assistants who work in a hospital, hospital affiliate, or | 23 | | ambulatory surgical treatment center as defined by Section 7.7 | 24 | | of this Act are exempt from the collaborative ratio restriction | 25 | | requirements of this Section. A supervising physician may |
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| 1 | | supervise a maximum of 5 full-time equivalent physician | 2 | | assistants; provided, however, this number of physician | 3 | | assistants shall be reduced by the number of collaborative | 4 | | agreements the supervising physician maintains. A physician | 5 | | assistant shall be able to
hold more than one professional | 6 | | position. A collaborating supervising physician shall
file a | 7 | | notice of collaboration supervision of each physician | 8 | | assistant according to the
rules of the Department. It is the | 9 | | responsibility of the supervising physician to maintain | 10 | | documentation each time he or she has designated an alternative | 11 | | supervising physician. This documentation shall include the | 12 | | date alternate supervisory control began, the date alternate | 13 | | supervisory control ended, and any other changes. A supervising | 14 | | physician shall provide a copy of this documentation to the | 15 | | Department, upon request.
| 16 | | Physician assistants shall collaborate be supervised only | 17 | | with by physicians as defined in
this Act
who are engaged in | 18 | | clinical practice, or in clinical practice in
public health or | 19 | | other community health facilities.
| 20 | | Nothing in this Act shall be construed to limit the | 21 | | delegation of tasks or
duties by a physician to a nurse or | 22 | | other appropriately trained personnel.
| 23 | | Nothing in this Act
shall be construed to prohibit the | 24 | | employment of physician assistants by
a hospital, nursing home | 25 | | or other health care facility where such physician
assistants | 26 | | function under a collaborating the supervision of a supervising |
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| 1 | | physician.
| 2 | | A physician assistant may be employed by a practice group | 3 | | or other entity
employing multiple physicians at one or more | 4 | | locations. In that case, one of
the
physicians practicing at a | 5 | | location shall be designated the collaborating supervising
| 6 | | physician. The other physicians with that practice group or | 7 | | other entity who
practice in the same general type of practice | 8 | | or specialty
as the collaborating supervising physician may | 9 | | collaborate with supervise the physician assistant with | 10 | | respect
to their patients without being deemed alternate | 11 | | supervising physicians for the
purpose of this Act .
| 12 | | (b) A physician assistant licensed in this State, or | 13 | | licensed or authorized to practice in any other U.S. | 14 | | jurisdiction or credentialed by his or her federal employer as | 15 | | a physician assistant, who is responding to a need for medical | 16 | | care created by an emergency or by a state or local disaster | 17 | | may render such care that the physician assistant is able to | 18 | | provide without collaboration supervision as it is defined in | 19 | | this Section or with such collaboration supervision as is | 20 | | available.
For purposes of this Section, an "emergency | 21 | | situation" shall not include one that occurs in the place of | 22 | | one's employment. | 23 | | Any physician who collaborates with supervises a physician | 24 | | assistant providing medical care in response to such an | 25 | | emergency or state or local disaster shall not be required to | 26 | | meet the requirements set forth in this Section for a |
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| 1 | | collaborating supervising physician. | 2 | | (Source: P.A. 96-70, eff. 7-23-09; 97-1071, eff. 8-24-12.)
| 3 | | (225 ILCS 95/7.5)
| 4 | | (Section scheduled to be repealed on January 1, 2018)
| 5 | | Sec. 7.5. Written collaborative Prescriptions; written | 6 | | supervision agreements; prescriptive authority. | 7 | | (a) A written collaborative supervision agreement is | 8 | | required for all physician assistants to practice in the State , | 9 | | except as provided in Section 7.7 of this Act . | 10 | | (1) A written collaborative supervision agreement | 11 | | shall describe the working relationship of the physician | 12 | | assistant with the collaborating supervising physician and | 13 | | shall describe authorize the categories of care, | 14 | | treatment, or procedures to be provided performed by the | 15 | | physician assistant.
The written collaborative supervision | 16 | | agreement shall promote the exercise of professional | 17 | | judgment by the physician assistant commensurate with his | 18 | | or her education and experience. The services to be | 19 | | provided by the physician assistant shall be services that | 20 | | the collaborating supervising physician is authorized to | 21 | | and generally provides to his or her patients in the normal | 22 | | course of his or her clinical medical practice. The written | 23 | | collaborative supervision agreement need not describe the | 24 | | exact steps that a physician assistant must take with | 25 | | respect to each specific condition, disease, or symptom but |
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| 1 | | must specify which authorized procedures require the | 2 | | presence of the collaborating supervising physician as the | 3 | | procedures are being performed. The supervision | 4 | | relationship under a written collaborative supervision | 5 | | agreement shall not be construed to require the personal | 6 | | presence of a physician at the place where services are | 7 | | rendered. Methods of communication shall be available for | 8 | | consultation with the collaborating supervising physician | 9 | | in person or by telecommunications or electronic | 10 | | communications in accordance with established written | 11 | | guidelines as set forth in the written collaborative | 12 | | supervision agreement. For the purposes of this Act, | 13 | | "generally provides to his or her patients in the normal | 14 | | course of his or her clinical medical practice" means | 15 | | services, not specific tasks or duties, the collaborating | 16 | | supervising physician routinely provides individually or | 17 | | through delegation to other persons so that the physician | 18 | | has the experience and ability to collaborate and provide | 19 | | supervision and consultation. | 20 | | (2) The written collaborative supervision agreement | 21 | | shall be adequate if a physician does each of the | 22 | | following: | 23 | | (A) Participates in the joint formulation and | 24 | | joint approval of orders or guidelines with the | 25 | | physician assistant and he or she periodically reviews | 26 | | such orders and the services provided patients under |
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| 1 | | such orders in accordance with accepted standards of | 2 | | medical practice and physician assistant practice. | 3 | | (B) Provides supervision and consultation at least | 4 | | once a month. | 5 | | (3) A copy of the signed, written collaborative | 6 | | supervision agreement must be available to the Department | 7 | | upon request from both the physician assistant and the | 8 | | collaborating supervising physician. | 9 | | (4) A physician assistant shall inform each | 10 | | collaborating supervising physician of all written | 11 | | collaborative supervision agreements he or she has signed | 12 | | and provide a copy of these to any collaborating | 13 | | supervising physician upon request. | 14 | | (b) A collaborating supervising physician may, but is not | 15 | | required to, delegate prescriptive authority to a physician | 16 | | assistant as part of a written collaborative supervision | 17 | | agreement. This authority may, but is not required to, include | 18 | | prescription of, selection of, orders for, administration of, | 19 | | storage of, acceptance of samples of, and dispensing medical | 20 | | devices, over the counter medications, legend drugs, medical | 21 | | gases, and controlled substances categorized as Schedule II III | 22 | | through V controlled substances, as defined in Article II of | 23 | | the Illinois Controlled Substances Act, and other | 24 | | preparations, including, but not limited to, botanical and | 25 | | herbal remedies. The collaborating supervising physician must | 26 | | have a valid, current Illinois controlled substance license and |
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| 1 | | federal registration with the Drug Enforcement Agency to | 2 | | delegate the authority to prescribe controlled substances. | 3 | | (1) To prescribe Schedule II, III, IV, or V controlled | 4 | | substances under this
Section, a physician assistant must | 5 | | obtain a mid-level practitioner
controlled substances | 6 | | license. Medication orders issued by a
physician
assistant | 7 | | shall be reviewed
periodically by the collaborating | 8 | | supervising physician. | 9 | | (2) The collaborating supervising physician shall file
| 10 | | with the Department notice of delegation of prescriptive | 11 | | authority to a
physician assistant and
termination of | 12 | | delegation, specifying the authority delegated or | 13 | | terminated.
Upon receipt of this notice delegating | 14 | | authority to prescribe Schedule III,
IV, or V controlled | 15 | | substances, the physician assistant shall be eligible to
| 16 | | register for a mid-level practitioner controlled | 17 | | substances license under
Section 303.05 of the Illinois | 18 | | Controlled Substances Act.
Nothing in this Act shall be | 19 | | construed to limit the delegation of tasks or
duties by the | 20 | | collaborating supervising physician to a nurse or other | 21 | | appropriately trained
persons in accordance with Section | 22 | | 54.2 of the Medical Practice Act of 1987.
| 23 | | (3) In addition to the requirements of this subsection | 24 | | (b) of this Section , a collaborating supervising physician | 25 | | may, but is not required to, delegate authority to a | 26 | | physician assistant to prescribe Schedule II controlled |
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| 1 | | substances, if all of the following conditions apply: | 2 | | (A) Specific Schedule II controlled substances by | 3 | | oral dosage or topical or transdermal application may | 4 | | be delegated, provided that the delegated Schedule II | 5 | | controlled substances are routinely prescribed by the | 6 | | collaborating supervising physician. This delegation | 7 | | must identify the specific Schedule II controlled | 8 | | substances by either brand name or generic name. | 9 | | Schedule II controlled substances to be delivered by | 10 | | injection or other route of administration may not be | 11 | | delegated. | 12 | | (B) (Blank). Any delegation must be controlled | 13 | | substances that the supervising physician prescribes. | 14 | | (C) Any prescription must be limited to no more | 15 | | than a 30-day supply, with any continuation authorized | 16 | | only after prior approval of the collaborating | 17 | | supervising physician. | 18 | | (D) The physician assistant must discuss the | 19 | | condition of any patients for whom a controlled | 20 | | substance is prescribed monthly with the collaborating | 21 | | supervising physician. | 22 | | (E) The physician assistant meets the education | 23 | | requirements of Section 303.05 of the Illinois | 24 | | Controlled Substances Act. | 25 | | (c) Nothing in this Act shall be construed to limit the | 26 | | delegation of tasks or duties by a physician to a licensed |
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| 1 | | practical nurse, a registered professional nurse, or other | 2 | | persons. Nothing in this Act shall be construed to limit the | 3 | | method of delegation that may be authorized by any means, | 4 | | including, but not limited to, oral, written, electronic, | 5 | | standing orders, protocols, guidelines, or verbal orders. | 6 | | Nothing in this Act shall be construed to authorize a physician | 7 | | assistant to provide health care services required by law or | 8 | | rule to be performed by a physician. | 9 | | (c-5) Nothing in this Section shall be construed to apply
| 10 | | to any medication authority, including Schedule II controlled
| 11 | | substances of a licensed physician assistant for care provided
| 12 | | in a hospital, hospital affiliate, or ambulatory surgical
| 13 | | treatment center pursuant to Section 7.7 of this Act.
| 14 | | (d) (Blank). Any physician assistant who writes a | 15 | | prescription for a controlled substance without having a valid | 16 | | appropriate authority may be fined by the Department not more | 17 | | than $50 per prescription, and the Department may take any | 18 | | other disciplinary action provided for in this Act. | 19 | | (e) Nothing in this Section shall be construed to prohibit | 20 | | generic substitution. | 21 | | (Source: P.A. 96-268, eff. 8-11-09; 96-618, eff. 1-1-10; | 22 | | 96-1000, eff. 7-2-10; 97-358, eff. 8-12-11.)
| 23 | | (225 ILCS 95/7.7) | 24 | | (Section scheduled to be repealed on January 1, 2018) | 25 | | Sec. 7.7. Physician assistants in hospitals, hospital |
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| 1 | | affiliates, or ambulatory surgical treatment centers. | 2 | | (a) A physician assistant may provide services in a | 3 | | hospital or a hospital affiliate as those terms are defined in | 4 | | the Hospital Licensing Act , a hospital affiliate as defined in | 5 | | or the University of Illinois Hospital Act , or a licensed | 6 | | ambulatory surgical treatment center as defined in the | 7 | | Ambulatory Surgical Treatment Center Act without a written | 8 | | collaborative supervision agreement pursuant to Section 7.5 of | 9 | | this Act. A physician assistant must possess clinical | 10 | | privileges recommended by the hospital medical staff and | 11 | | granted by the hospital or the consulting medical staff | 12 | | committee and ambulatory surgical treatment center in order to | 13 | | provide services. The medical staff or consulting medical staff | 14 | | committee shall periodically review the services of physician | 15 | | assistants granted clinical privileges, including any care | 16 | | provided in a hospital affiliate. Authority may also be granted | 17 | | when recommended by the hospital medical staff and granted by | 18 | | the hospital or recommended by the consulting medical staff | 19 | | committee and ambulatory surgical treatment center to | 20 | | individual physician assistants to select, order, and | 21 | | administer medications, including controlled substances, to | 22 | | provide delineated care. In a hospital, hospital affiliate, or | 23 | | ambulatory surgical treatment center, the attending physician | 24 | | shall determine a physician assistant's role in providing care | 25 | | for his or her patients, except as otherwise provided in the | 26 | | medical staff bylaws or consulting committee policies. |
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| 1 | | (a-5) Physician assistants practicing in a hospital | 2 | | affiliate may be, but are not required to be, granted authority | 3 | | to prescribe Schedule II through V controlled substances when | 4 | | such authority is recommended by the appropriate physician | 5 | | committee of the hospital affiliate and granted by the hospital | 6 | | affiliate. This authority may, but is not required to, include | 7 | | prescription of, selection of, orders for, administration of,
| 8 | | storage of, acceptance of samples of, and dispensing | 9 | | over-the-counter medications, legend drugs, medical gases, and | 10 | | controlled substances categorized as Schedule II through V | 11 | | controlled substances, as defined in Article II of the Illinois | 12 | | Controlled Substances Act, and other preparations, including, | 13 | | but not limited to, botanical and herbal remedies. | 14 | | To prescribe controlled substances under this subsection | 15 | | (a-5), a physician assistant must obtain a mid-level | 16 | | practitioner controlled substance license. Medication orders | 17 | | shall be reviewed periodically by the appropriate hospital | 18 | | affiliate physicians committee or its physician designee. | 19 | | The hospital affiliate shall file with the Department | 20 | | notice of a grant of prescriptive authority consistent with | 21 | | this subsection (a-5) and termination of such a grant of | 22 | | authority in accordance with rules of the Department. Upon | 23 | | receipt of this notice of grant of authority to prescribe any | 24 | | Schedule II through V controlled substances, the licensed | 25 | | physician assistant may register for a mid-level practitioner | 26 | | controlled substance license under Section 303.05 of the |
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| 1 | | Illinois Controlled Substances Act. | 2 | | In addition, a hospital affiliate may, but is not required | 3 | | to, grant authority to a physician assistant to prescribe any | 4 | | Schedule II controlled substances if all of the following | 5 | | conditions apply: | 6 | | (1) specific Schedule II controlled substances by oral | 7 | | dosage or topical or transdermal application may be | 8 | | designated, provided that the designated Schedule II | 9 | | controlled substances are routinely prescribed by | 10 | | physician assistants in their area of certification; this | 11 | | grant of authority must identify the specific Schedule II | 12 | | controlled substances by either brand name or generic name; | 13 | | authority to prescribe or dispense Schedule II controlled | 14 | | substances to be delivered by injection or other route of | 15 | | administration may not be granted; | 16 | | (2) any grant of authority must be controlled | 17 | | substances limited to the practice of the physician | 18 | | assistant; | 19 | | (3) any prescription must be limited to no more than a | 20 | | 30-day supply; | 21 | | (4) the physician assistant must discuss the condition | 22 | | of any patients for whom a controlled substance is | 23 | | prescribed monthly with the appropriate physician | 24 | | committee of the hospital affiliate or its physician | 25 | | designee; and | 26 | | (5) the physician assistant must meet the education |
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| 1 | | requirements of Section 303.05 of the Illinois Controlled | 2 | | Substances Act. | 3 | | (b) A physician assistant granted authority to order | 4 | | medications including controlled substances may complete | 5 | | discharge prescriptions provided the prescription is in the | 6 | | name of the physician assistant and the attending or | 7 | | discharging physician. | 8 | | (c) Physician assistants practicing in a hospital, | 9 | | hospital affiliate, or an ambulatory surgical treatment center | 10 | | are not required to obtain a mid-level controlled substance | 11 | | license to order controlled substances under Section 303.05 of | 12 | | the Illinois Controlled Substances Act.
| 13 | | (Source: P.A. 97-1071, eff. 8-24-12.)
| 14 | | (225 ILCS 95/9) (from Ch. 111, par. 4609)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 9. Application for licensure. Applications for | 17 | | original licenses
shall be made to the
Department in writing on | 18 | | forms or electronically as prescribed by the Department and | 19 | | shall be
accompanied by the required fee, which shall not be | 20 | | refundable. An
application shall require information that in | 21 | | the judgment
of the
Department will enable the Department to | 22 | | pass on the qualifications of the
applicant for a license. An | 23 | | application shall include evidence of
passage of the | 24 | | examination of the National Commission on the Certification of
| 25 | | Physician Assistants, or its successor agency, and proof that |
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| 1 | | the applicant
holds a valid certificate issued by that | 2 | | Commission.
| 3 | | Applicants have 3 years from the date of application to | 4 | | complete the
application process. If the process has not been | 5 | | completed in 3 years, the
application shall be denied, the fee | 6 | | shall be forfeited, and the applicant must
reapply and meet the | 7 | | requirements in effect at the time of reapplication.
| 8 | | (Source: P.A. 90-61, eff. 12-30-97 .)
| 9 | | (225 ILCS 95/10) (from Ch. 111, par. 4610)
| 10 | | (Section scheduled to be repealed on January 1, 2018)
| 11 | | Sec. 10. Identification. No person shall use the title | 12 | | "physician or perform the
duties of
"Physician assistant" | 13 | | unless he or she holds is a qualified holder of a
valid license | 14 | | issued by the Department as
provided in this Act. A physician | 15 | | assistant shall wear on his or her
person a
visible | 16 | | identification indicating that he or she is certified as a
| 17 | | physician
assistant while acting in the course of his or her | 18 | | duties.
| 19 | | (Source: P.A. 90-61, eff. 12-30-97 .)
| 20 | | (225 ILCS 95/10.5)
| 21 | | (Section scheduled to be repealed on January 1, 2018)
| 22 | | Sec. 10.5. Unlicensed practice; violation; civil penalty.
| 23 | | (a) Any person who practices, offers to practice, attempts | 24 | | to practice, or
holds oneself out to practice as a physician's |
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| 1 | | assistant without being licensed
under this Act shall, in
| 2 | | addition to any other penalty provided by law, pay a civil | 3 | | penalty to the
Department in an amount not to exceed $10,000
| 4 | | for each offense as determined by
the Department. The civil | 5 | | penalty shall be assessed by the Department after a
hearing is | 6 | | held in accordance with the provisions set forth in this Act
| 7 | | regarding the provision of a hearing for the discipline of a | 8 | | licensee.
| 9 | | (b) The Department has the authority and power to | 10 | | investigate any and all
unlicensed activity.
| 11 | | (b-5) No person shall use any words, abbreviations, | 12 | | figures, letters, title, sign, card, or device tending to imply | 13 | | that he or she is a physician assistant, including, but not | 14 | | limited to, using the titles or initials "Physician Assistant" | 15 | | or "PA", or similar titles or initials, with the intention of | 16 | | indicating practice as a physician assistant without meeting | 17 | | the requirements of this Act. | 18 | | (c) The civil penalty shall be paid within 60 days after | 19 | | the effective date
of the order imposing the civil penalty. The | 20 | | order shall constitute a judgment
and may be filed and | 21 | | execution had thereon in the same manner as any judgment
from | 22 | | any court of record.
| 23 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 24 | | (225 ILCS 95/11.5 new) | 25 | | Sec. 11.5. Continuing education. The Department shall |
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| 1 | | adopt rules for continuing education for persons licensed under | 2 | | this Act that require 50 hours of continuing education per | 3 | | 2-year license renewal cycle. Completion of the 50 hours of | 4 | | continuing education shall be deemed to satisfy the continuing | 5 | | education requirements for renewal of a physician assistant | 6 | | license as required by this Act. The rules shall not be | 7 | | inconsistent with requirements of relevant national certifying | 8 | | bodies or State or national professional associations. The | 9 | | rules shall also address variances in part or in whole for good | 10 | | cause, including, but not limited to, illness or hardship. The | 11 | | continuing education rules shall ensure that licensees are | 12 | | given the opportunity to participate in programs sponsored by | 13 | | or through their State or national professional associations, | 14 | | hospitals, or other providers of continuing education. Each | 15 | | licensee is responsible for maintaining records of completion | 16 | | of continuing education and shall be prepared to produce the | 17 | | records when requested by the Department.
| 18 | | (225 ILCS 95/12) (from Ch. 111, par. 4612)
| 19 | | (Section scheduled to be repealed on January 1, 2018)
| 20 | | Sec. 12. A person shall be qualified for licensure as a | 21 | | physician
assistant and the Department may issue a physician | 22 | | assistant license to a
person who:
| 23 | | 1. has Has applied in writing or electronically in form | 24 | | and substance satisfactory to the
Department and has not | 25 | | violated any of the provisions of Section 21 of this
Act or |
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| 1 | | the rules adopted under this Act promulgated hereunder. The | 2 | | Department may take into
consideration any felony | 3 | | conviction of the applicant but such conviction
shall not | 4 | | operate as an absolute bar to licensure ;
| 5 | | 2. has Has successfully completed the examination | 6 | | provided by the National
Commission on the Certification of | 7 | | Physician Assistants Physician's Assistant or its | 8 | | successor
agency;
| 9 | | 3. holds Holds a certificate issued by the National | 10 | | Commission on the Certification of Physician Assistants or | 11 | | an equivalent successor agency; and | 12 | | 4. complies Complies with all applicable rules of the | 13 | | Department.
| 14 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 15 | | (225 ILCS 95/13) (from Ch. 111, par. 4613)
| 16 | | (Section scheduled to be repealed on January 1, 2018)
| 17 | | Sec. 13. Department powers and duties. | 18 | | (a) Subject to the provisions of this Act, the Department
| 19 | | shall:
| 20 | | (1) adopt 1. Promulgate rules approved by the Board | 21 | | setting forth
standards to be met by a school or | 22 | | institution offering a course of
training for physician | 23 | | assistants prior to approval of such school
or | 24 | | institution ; .
| 25 | | (2) adopt 2. Promulgate rules approved by the Board |
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| 1 | | setting forth
uniform and reasonable standards of | 2 | | instruction
to be met prior to approval of such course of
| 3 | | institution for physician assistants ; and .
| 4 | | (3) determine 3. Determine the reputability and good | 5 | | standing of such schools or
institutions and their course | 6 | | of instruction for physician assistants by
reference to | 7 | | compliance with such rules, provided that no school of
| 8 | | physician assistants that refuses admittance to applicants | 9 | | solely on
account of race, color, sex, or creed shall be | 10 | | considered reputable
and in good standing.
| 11 | | (b) No rule shall be adopted under this Act which allows a
| 12 | | physician assistant to perform any act, task , or function | 13 | | primarily
performed in the lawful practice of optometry under | 14 | | the Illinois
Optometric Practice Act of 1987.
| 15 | | (c) All rules shall be submitted to the Board for review | 16 | | and the Department shall consider any comments provided by the | 17 | | Board. | 18 | | (Source: P.A. 85-1440 .)
| 19 | | (225 ILCS 95/14.1)
| 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 14.1. Fees.
| 22 | | (a) Fees collected for the administration of this Act shall | 23 | | be set by the
Department by rule. All fees are nonrefundable | 24 | | not refundable .
| 25 | | (b) (Blank).
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| 1 | | (c) All moneys collected under this Act by the Department | 2 | | shall be
deposited in the Illinois State Medical Disciplinary | 3 | | Fund in the State
Treasury and used (1) in the exercise of its | 4 | | powers and performance of its
duties under this Act, as such | 5 | | use is made by the Department; (2) for costs
directly
related | 6 | | to licensing and license renewal of persons licensed under this | 7 | | Act; and (3) for costs related to the
public purposes of the | 8 | | Department.
| 9 | | All earnings received from investment of moneys in the | 10 | | Illinois State
Medical Disciplinary Fund shall be deposited | 11 | | into the Illinois State Medical
Disciplinary Fund and shall be | 12 | | used for the same purposes as fees deposited in
the Fund.
| 13 | | (Source: P.A. 95-703, eff. 12-31-07 .)
| 14 | | (225 ILCS 95/16) (from Ch. 111, par. 4616)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 16. Expiration; renewal. The expiration date and | 17 | | renewal period for
each license
issued under this Act shall be | 18 | | set by rule. Renewal shall be conditioned
on paying the | 19 | | required fee and by meeting such other requirements as may be
| 20 | | established by rule. The certification as a physician assistant | 21 | | by the National Commission on Certification of Physician | 22 | | Assistants or an equivalent successor agency is not required | 23 | | for renewal of a license under this Act.
| 24 | | Any physician assistant who has permitted his or her | 25 | | license to expire or
who
has had his or her license on inactive |
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| 1 | | status may have the
license restored by
making application to | 2 | | the Department and filing proof acceptable to the
Department of | 3 | | his or her fitness to have the license restored,
and by paying | 4 | | the
required fees. Proof of fitness may include sworn evidence | 5 | | certifying
to active lawful practice in another jurisdiction.
| 6 | | If the physician assistant has not maintained an active | 7 | | practice in another
jurisdiction satisfactory to the | 8 | | Department,
the Department shall determine, by an evaluation | 9 | | program established by
rule, his or her fitness for restoration | 10 | | of the license and
shall establish
procedures and requirements | 11 | | for such restoration.
| 12 | | However, any physician assistant whose license expired | 13 | | while he or she
was (1)
in federal service on active duty with | 14 | | the Armed Forces of the United
States, or the State Militia | 15 | | called into service or training, or (2) in
training or | 16 | | education under the supervision of the United States
| 17 | | preliminary to induction into the military service, may have | 18 | | the
license
restored without paying any lapsed renewal fees if | 19 | | within 2 years after
honorable termination of such service, | 20 | | training, or education he or she
furnishes
the Department with | 21 | | satisfactory evidence to the effect that he or she has
been so
| 22 | | engaged and that his or her service, training, or education has | 23 | | been so
terminated.
| 24 | | (Source: P.A. 90-61, eff. 12-30-97 .)
| 25 | | (225 ILCS 95/21) (from Ch. 111, par. 4621)
|
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| 1 | | (Section scheduled to be repealed on January 1, 2018)
| 2 | | Sec. 21. Grounds for disciplinary action.
| 3 | | (a) The Department may refuse to issue or to renew, or may
| 4 | | revoke, suspend, place on probation, censure or reprimand, or | 5 | | take other
disciplinary or non-disciplinary action with regard | 6 | | to any license issued under this Act as the
Department may deem | 7 | | proper, including the issuance of fines not to exceed
$10,000
| 8 | | for each violation, for any one or combination of the following | 9 | | causes:
| 10 | | (1) Material misstatement in furnishing information to | 11 | | the Department.
| 12 | | (2) Violations of this Act, or the rules adopted under | 13 | | this Act.
| 14 | | (3) Conviction by plea of guilty or nolo contendere, | 15 | | finding of guilt, jury verdict, or entry of judgment or | 16 | | sentencing, including, but not limited to, convictions, | 17 | | preceding sentences of supervision, conditional discharge, | 18 | | or first offender probation, under the laws of any | 19 | | jurisdiction of the United States that is: (i) a felony; or | 20 | | (ii) a misdemeanor, an essential element of which is | 21 | | dishonesty, or that is directly related to the practice of | 22 | | the profession. Conviction of or entry of a plea of guilty | 23 | | or nolo contendere to any crime that is a felony under the | 24 | | laws of the United States or any state or territory thereof
| 25 | | or that is a misdemeanor
of which an essential element is
| 26 | | dishonesty or
that
is directly related to the practice of |
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| 1 | | the
profession.
| 2 | | (4) Making any misrepresentation for the purpose of | 3 | | obtaining licenses.
| 4 | | (5) Professional incompetence.
| 5 | | (6) Aiding or assisting another person in violating any | 6 | | provision of this
Act or its rules.
| 7 | | (7) Failing, within 60 days, to provide information in | 8 | | response to a
written request made by the Department.
| 9 | | (8) Engaging in dishonorable, unethical, or | 10 | | unprofessional conduct, as
defined by rule, of a character | 11 | | likely to deceive, defraud, or harm the public.
| 12 | | (9) Habitual or excessive use or addiction to alcohol, | 13 | | narcotics,
stimulants, or any other chemical agent or drug | 14 | | that results in a physician
assistant's inability to | 15 | | practice with reasonable judgment, skill, or safety.
| 16 | | (10) Discipline by another U.S. jurisdiction or | 17 | | foreign nation, if at
least one of the grounds for | 18 | | discipline is the same or substantially equivalent
to those | 19 | | set forth in this Section.
| 20 | | (11) Directly or indirectly giving to or receiving from | 21 | | any person, firm,
corporation, partnership, or association | 22 | | any fee, commission, rebate or
other form of compensation | 23 | | for any professional services not actually or
personally | 24 | | rendered. Nothing in this paragraph (11) affects any bona | 25 | | fide independent contractor or employment arrangements, | 26 | | which may include provisions for compensation, health |
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| 1 | | insurance, pension, or other employment benefits, with | 2 | | persons or entities authorized under this Act for the | 3 | | provision of services within the scope of the licensee's | 4 | | practice under this Act.
| 5 | | (12) A finding by the Disciplinary Board that the | 6 | | licensee, after having
his or her license placed on | 7 | | probationary status has violated the terms of
probation.
| 8 | | (13) Abandonment of a patient.
| 9 | | (14) Willfully making or filing false records or | 10 | | reports in his or her
practice, including but not limited | 11 | | to false records filed with state agencies
or departments.
| 12 | | (15) Willfully failing to report an instance of | 13 | | suspected child abuse or
neglect as required by the Abused | 14 | | and Neglected Child Reporting Act.
| 15 | | (16) Physical illness, or mental illness or impairment
| 16 | | that results in the inability to practice the profession | 17 | | with
reasonable judgment, skill, or safety, including, but | 18 | | not limited to, deterioration through the aging process or | 19 | | loss of motor skill.
| 20 | | (17) Being named as a perpetrator in an indicated | 21 | | report by the
Department of Children and Family Services | 22 | | under the Abused and
Neglected Child Reporting Act, and | 23 | | upon proof by clear and convincing evidence
that the | 24 | | licensee has caused a child to be an abused child or | 25 | | neglected child
as defined in the Abused and Neglected | 26 | | Child Reporting Act.
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| 1 | | (18) (Blank).
| 2 | | (19) Gross negligence
resulting in permanent injury or | 3 | | death
of a patient.
| 4 | | (20) Employment of fraud, deception or any unlawful | 5 | | means in applying for
or securing a license as a physician | 6 | | assistant.
| 7 | | (21) Exceeding the authority delegated to him or her by | 8 | | his or her collaborating
supervising physician in a written | 9 | | collaborative supervision agreement.
| 10 | | (22) Immoral conduct in the commission of any act, such | 11 | | as sexual abuse,
sexual misconduct , or sexual exploitation | 12 | | related to the licensee's practice.
| 13 | | (23) Violation of the Health Care Worker Self-Referral | 14 | | Act.
| 15 | | (24) Practicing under a false or assumed name, except | 16 | | as provided by law.
| 17 | | (25) Making a false or misleading statement regarding | 18 | | his or her skill or
the efficacy or value of the medicine, | 19 | | treatment, or remedy prescribed by him
or her in the course | 20 | | of treatment.
| 21 | | (26) Allowing another person to use his or her license | 22 | | to practice.
| 23 | | (27) Prescribing, selling, administering, | 24 | | distributing, giving, or
self-administering a drug | 25 | | classified as a controlled substance (designated
product) | 26 | | or narcotic for other than medically-accepted therapeutic |
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| 1 | | purposes.
| 2 | | (28) Promotion of the sale of drugs, devices, | 3 | | appliances, or goods
provided for a patient in a manner to | 4 | | exploit the patient for financial gain.
| 5 | | (29) A pattern of practice or other behavior that | 6 | | demonstrates incapacity
or incompetence to practice under | 7 | | this Act.
| 8 | | (30) Violating State or federal laws or regulations | 9 | | relating to controlled
substances or other legend drugs or | 10 | | ephedra as defined in the Ephedra Prohibition Act .
| 11 | | (31) Exceeding the prescriptive authority delegated by | 12 | | the collaborating
supervising physician or violating the | 13 | | written collaborative supervision agreement delegating | 14 | | that
authority.
| 15 | | (32) Practicing without providing to the Department a | 16 | | notice of collaboration
supervision or delegation of
| 17 | | prescriptive authority.
| 18 | | (33) Failure to establish and maintain records of | 19 | | patient care and treatment as required by law. | 20 | | (34) Attempting to subvert or cheat on the examination | 21 | | of the National Commission on Certification of Physician | 22 | | Assistants or its successor agency. | 23 | | (35) Willfully or negligently violating the | 24 | | confidentiality between physician assistant and patient, | 25 | | except as required by law. | 26 | | (36) Willfully failing to report an instance of |
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| 1 | | suspected abuse, neglect, financial exploitation, or | 2 | | self-neglect of an eligible adult as defined in and | 3 | | required by the Adult Protective Services Act. | 4 | | (37) Being named as an abuser in a verified report by | 5 | | the Department on Aging under the Adult Protective Services | 6 | | Act and upon proof by clear and convincing evidence that | 7 | | the licensee abused, neglected, or financially exploited | 8 | | an eligible adult as defined in the Adult Protective | 9 | | Services Act. | 10 | | (38) Failure to report to the Department an adverse | 11 | | final action taken against him or her by another licensing | 12 | | jurisdiction of the United States or a foreign state or | 13 | | country, a peer review body, a health care institution, a | 14 | | professional society or association, a governmental | 15 | | agency, a law enforcement agency, or a court acts or | 16 | | conduct similar to acts or conduct that would constitute | 17 | | grounds for action under this Section. | 18 | | (39) Failure to provide copies of records of patient | 19 | | care or treatment, except as required by law. | 20 | | (b) The Department may, without a hearing, refuse to issue | 21 | | or renew or may suspend the license of any
person who fails to | 22 | | file a return, or to pay the tax, penalty or interest
shown in | 23 | | a filed return, or to pay any final assessment of the tax,
| 24 | | penalty, or interest as required by any tax Act administered by | 25 | | the
Illinois Department of Revenue, until such time as the | 26 | | requirements of any
such tax Act are satisfied.
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| 1 | | (c) The determination by a circuit court that a licensee is | 2 | | subject to
involuntary admission or judicial admission as | 3 | | provided in the Mental Health
and Developmental Disabilities | 4 | | Code operates as an automatic suspension.
The
suspension will | 5 | | end only upon a finding by a court that the patient is no
| 6 | | longer subject to involuntary admission or judicial admission | 7 | | and issues an
order so finding and discharging the patient, and | 8 | | upon the
recommendation of
the Disciplinary Board to the | 9 | | Secretary
that the licensee be allowed to resume
his or her | 10 | | practice.
| 11 | | (d) In enforcing this Section, the Department upon a | 12 | | showing of a
possible
violation may compel an individual | 13 | | licensed to practice under this Act, or
who has applied for | 14 | | licensure under this Act, to submit
to a mental or physical | 15 | | examination, or both, which may include a substance abuse or | 16 | | sexual offender evaluation, as required by and at the expense
| 17 | | of the Department. | 18 | | The Department shall specifically designate the examining | 19 | | physician licensed to practice medicine in all of its branches | 20 | | or, if applicable, the multidisciplinary team involved in | 21 | | providing the mental or physical examination or both. The | 22 | | multidisciplinary team shall be led by a physician licensed to | 23 | | practice medicine in all of its branches and may consist of one | 24 | | or more or a combination of physicians licensed to practice | 25 | | medicine in all of its branches, licensed clinical | 26 | | psychologists, licensed clinical social workers, licensed |
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| 1 | | clinical professional counselors, and other professional and | 2 | | administrative staff. Any examining physician or member of the | 3 | | multidisciplinary team may require any person ordered to submit | 4 | | to an examination pursuant to this Section to submit to any | 5 | | additional supplemental testing deemed necessary to complete | 6 | | any examination or evaluation process, including, but not | 7 | | limited to, blood testing, urinalysis, psychological testing, | 8 | | or neuropsychological testing. | 9 | | The Department may order the examining physician or any | 10 | | member of the multidisciplinary team to provide to the | 11 | | Department any and all records, including business records, | 12 | | that relate to the examination and evaluation, including any | 13 | | supplemental testing performed. | 14 | | The Department may order the examining physician or any | 15 | | member of the multidisciplinary team to
present
testimony | 16 | | concerning the mental or physical examination of the licensee | 17 | | or
applicant. No information , report, record, or other | 18 | | documents in any way related to the examination shall be | 19 | | excluded by reason of any common law or
statutory privilege | 20 | | relating to communications between the licensee or
applicant | 21 | | and the examining physician or any member of the | 22 | | multidisciplinary team. No authorization is necessary from the | 23 | | licensee or applicant ordered to undergo an examination for the | 24 | | examining physician or any member of the multidisciplinary team | 25 | | to provide information, reports, records, or other documents or | 26 | | to provide any testimony regarding the examination and |
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| 1 | | evaluation . The examining
physicians
shall be specifically | 2 | | designated by the Department. | 3 | | The individual to be examined may have, at his or her own | 4 | | expense, another
physician of his or her choice present during | 5 | | all
aspects of this examination. However, that physician shall | 6 | | be present only to observe and may not interfere in any way | 7 | | with the examination. | 8 | | Failure of an individual to submit to a mental
or
physical | 9 | | examination, when ordered directed , shall result in an | 10 | | automatic be grounds for suspension of his or
her
license until | 11 | | the individual submits to the examination if the Department
| 12 | | finds,
after notice and hearing, that the refusal to submit to | 13 | | the examination was
without reasonable cause .
| 14 | | If the Department finds an individual unable to practice | 15 | | because of
the
reasons
set forth in this Section, the | 16 | | Department may require that individual
to submit
to
care, | 17 | | counseling, or treatment by physicians approved
or designated | 18 | | by the Department, as a condition, term, or restriction
for | 19 | | continued,
reinstated, or
renewed licensure to practice; or, in | 20 | | lieu of care, counseling, or treatment,
the Department may file
| 21 | | a complaint to immediately
suspend, revoke, or otherwise | 22 | | discipline the license of the individual.
An individual whose
| 23 | | license was granted, continued, reinstated, renewed, | 24 | | disciplined, or supervised
subject to such terms, conditions, | 25 | | or restrictions, and who fails to comply
with
such terms, | 26 | | conditions, or restrictions, shall be referred to the Secretary
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| 1 | | for
a
determination as to whether the individual shall have his | 2 | | or her license
suspended immediately, pending a hearing by the | 3 | | Department.
| 4 | | In instances in which the Secretary
immediately suspends a | 5 | | person's license
under this Section, a hearing on that person's | 6 | | license must be convened by
the Department within 30
days after | 7 | | the suspension and completed without
appreciable
delay.
The | 8 | | Department shall have the authority to review the subject
| 9 | | individual's record of
treatment and counseling regarding the | 10 | | impairment to the extent permitted by
applicable federal | 11 | | statutes and regulations safeguarding the confidentiality of
| 12 | | medical records.
| 13 | | An individual licensed under this Act and affected under | 14 | | this Section shall
be
afforded an opportunity to demonstrate to | 15 | | the Department that he or
she can resume
practice in compliance | 16 | | with acceptable and prevailing standards under the
provisions | 17 | | of his or her license.
| 18 | | (e) An individual or organization acting in good faith, and | 19 | | not in a willful and wanton manner, in complying with this | 20 | | Section by providing a report or other information to the | 21 | | Board, by assisting in the investigation or preparation of a | 22 | | report or information, by participating in proceedings of the | 23 | | Board, or by serving as a member of the Board, shall not be | 24 | | subject to criminal prosecution or civil damages as a result of | 25 | | such actions. | 26 | | (f) Members of the Board and the Disciplinary Board shall |
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| 1 | | be indemnified by the State for any actions occurring within | 2 | | the scope of services on the Disciplinary Board or Board, done | 3 | | in good faith and not willful and wanton in nature. The | 4 | | Attorney General shall defend all such actions unless he or she | 5 | | determines either that there would be a conflict of interest in | 6 | | such representation or that the actions complained of were not | 7 | | in good faith or were willful and wanton. | 8 | | If the Attorney General declines representation, the | 9 | | member has the right to employ counsel of his or her choice, | 10 | | whose fees shall be provided by the State, after approval by | 11 | | the Attorney General, unless there is a determination by a | 12 | | court that the member's actions were not in good faith or were | 13 | | willful and wanton. | 14 | | The member must notify the Attorney General within 7 days | 15 | | after receipt of notice of the initiation of any action | 16 | | involving services of the Disciplinary Board. Failure to so | 17 | | notify the Attorney General constitutes an absolute waiver of | 18 | | the right to a defense and indemnification. | 19 | | The Attorney General shall determine, within 7 days after | 20 | | receiving such notice, whether he or she will undertake to | 21 | | represent the member. | 22 | | (Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09; | 23 | | 96-1482, eff. 11-29-10.)
| 24 | | (225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
| 25 | | (Section scheduled to be repealed on January 1, 2018)
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| 1 | | Sec. 22.2. Investigation; notice; hearing. The Department | 2 | | may investigate
the actions of any applicant
or of any person | 3 | | or persons holding or claiming to hold a license. The
| 4 | | Department shall, before suspending, revoking, placing on | 5 | | probationary
status, or taking any other disciplinary action as | 6 | | the Department may deem
proper with regard to any license, at | 7 | | least 30 days prior to
the date set for the hearing, notify the | 8 | | applicant or licensee
in writing of any charges
made and the | 9 | | time and place for a hearing of the charges before the
| 10 | | Disciplinary Board, direct him or her to file his or her | 11 | | written answer
thereto to the
Disciplinary Board under oath | 12 | | within 20 days after the service on him or
her of
such notice | 13 | | and inform him or her that if he or she fails to file such
| 14 | | answer default
will be taken against him or her and his or her
| 15 | | license may be suspended, revoked, placed on probationary
| 16 | | status, or have other disciplinary action, including limiting | 17 | | the scope,
nature or extent of his or her practice, as the | 18 | | Department may deem proper
taken
with regard thereto. Written | 19 | | or electronic
notice may be served by personal
delivery , email, | 20 | | or certified or registered mail to the applicant or licensee at | 21 | | his or her last address of record or email address of record | 22 | | with the Department . At the time and place fixed in the notice,
| 23 | | the Department shall proceed to hear the charges and the | 24 | | parties or their
counsel shall be accorded ample opportunity to | 25 | | present such statements,
testimony, evidence, and argument as | 26 | | may be pertinent to the charges or to
the defense thereto. The |
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| 1 | | Department may continue such hearing from time to
time. In case | 2 | | the applicant or licensee, after receiving
notice, fails to | 3 | | file an
answer, his or her license may in the discretion of the | 4 | | Secretary,
having received first the recommendation of the | 5 | | Disciplinary Board, be
suspended, revoked, placed on | 6 | | probationary status, or the Secretary
may take
whatever | 7 | | disciplinary action as he or she may deem proper, including
| 8 | | limiting the
scope, nature, or extent of such person's | 9 | | practice, without a hearing, if
the act or acts charged | 10 | | constitute sufficient grounds for such action
under this Act.
| 11 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 12 | | (225 ILCS 95/22.6) (from Ch. 111, par. 4622.6)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 22.6. At the conclusion of the hearing , the | 15 | | Disciplinary Board shall
present to the Secretary
a written | 16 | | report of its findings of fact,
conclusions of law , and | 17 | | recommendations. The report shall contain a finding
whether or | 18 | | not the accused person violated this Act or failed to comply
| 19 | | with the conditions required in this Act. The Disciplinary | 20 | | Board shall
specify the nature of the violation or failure to | 21 | | comply, and shall make
its recommendations to the Secretary.
| 22 | | The report of findings of fact, conclusions of law , and | 23 | | recommendation of
the Disciplinary Board shall be the basis for | 24 | | the Department's order or
refusal or for the granting of a | 25 | | license or permit. If the Secretary
disagrees in any regard |
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| 1 | | with the report of the Disciplinary Board, the Secretary
may | 2 | | issue an order in contravention thereof. The Secretary
shall
| 3 | | provide a written report to the Disciplinary Board on any | 4 | | deviation, and
shall specify with particularity the reasons
for | 5 | | such action in the final order. The finding is not admissible | 6 | | in
evidence against the person in a criminal prosecution | 7 | | brought for the
violation of this Act, but the hearing and | 8 | | finding are not a bar to a
criminal prosecution brought for the | 9 | | violation of this Act.
| 10 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 11 | | (225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
| 12 | | (Section scheduled to be repealed on January 1, 2018)
| 13 | | Sec. 22.7. Hearing officer. Notwithstanding the provisions | 14 | | of Section
22.2 of this
Act, the Secretary
shall have the | 15 | | authority to appoint any attorney duly
licensed to practice law | 16 | | in the State of Illinois to serve as the hearing
officer in any | 17 | | action for refusal to issue or renew, or for
discipline of, a | 18 | | license. The Secretary
shall notify the Disciplinary Board of
| 19 | | any
such
appointment. The hearing officer shall have full | 20 | | authority to conduct the
hearing. The hearing officer shall | 21 | | report his or her findings of fact,
conclusions of law, and | 22 | | recommendations to the Disciplinary Board and the Secretary. | 23 | | The Disciplinary Board shall have 60 days from receipt of the
| 24 | | report to review the report of the hearing officer and present | 25 | | their
findings of fact, conclusions of law, and recommendations |
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| 1 | | to the Secretary.
If the Disciplinary Board fails to present | 2 | | its report within the 60-day 60 day
period, the respondent may | 3 | | request in writing a direct appeal to the Secretary, in which | 4 | | case the Secretary may shall, within 7 calendar days after the | 5 | | request, issue an order directing the Disciplinary Board to | 6 | | issue its findings of fact, conclusions of law, and | 7 | | recommendations to the Secretary within 30 calendar days after | 8 | | such order. If the Disciplinary Board fails to issue its | 9 | | findings of fact, conclusions of law, and recommendations | 10 | | within that time frame to the Secretary after the entry of such | 11 | | order, the Secretary shall, within 30 calendar days thereafter, | 12 | | issue an order based upon the report of the hearing officer and | 13 | | the record of the proceedings or issue an order remanding the | 14 | | matter back to the hearing officer for additional proceedings | 15 | | in accordance with the order. If (i) a direct appeal is | 16 | | requested, (ii) the Disciplinary Board fails to issue its | 17 | | findings of fact, conclusions of law, and recommendations | 18 | | within the 30-day mandate from the Secretary or the Secretary | 19 | | fails to order the Disciplinary Board to do so, and (iii) the | 20 | | Secretary fails to issue an order within 30 calendar days | 21 | | thereafter, then the hearing officer's report is deemed | 22 | | accepted and a final decision of the Secretary. Notwithstanding | 23 | | any other provision of this Section, if the Secretary, upon | 24 | | review, determines that substantial justice has not been done | 25 | | in the revocation, suspension, or refusal to issue or renew a | 26 | | license or other disciplinary action taken as the result of the |
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| 1 | | entry of the hearing officer's report, the Secretary may order | 2 | | a rehearing by the same or other examiners. If the Secretary
| 3 | | disagrees in any regard with the report
of the Disciplinary | 4 | | Board or hearing officer, he or she may issue an order
in
| 5 | | contravention thereof. The Secretary
shall provide a written | 6 | | explanation to
the Disciplinary Board on any such deviation, | 7 | | and shall specify with
particularity the reasons for such | 8 | | action in the final order.
| 9 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 10 | | (225 ILCS 95/22.11) (from Ch. 111, par. 4622.11)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 22.11. Restoration of license. At any time after the | 13 | | successful completion of a term of probation, suspension , or
| 14 | | revocation of any
license , the Department may restore it to the | 15 | | licensee,
unless after
an investigation and a hearing, the | 16 | | Department determines that restoration
is not in the public | 17 | | interest.
Where circumstances of suspension or revocation so | 18 | | indicate, the Department
may require an examination of the | 19 | | licensee prior to restoring his or her
license. No person whose | 20 | | license has been revoked as authorized in this Act may apply | 21 | | for restoration of that license until such time as provided for | 22 | | in the Civil Administrative Code of Illinois.
| 23 | | A license that has been suspended or revoked shall be | 24 | | considered nonrenewed for purposes of restoration and a person | 25 | | restoring his or her license from suspension or revocation must |
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| 1 | | comply with the requirements for restoration of a nonrenewed | 2 | | license as set forth in Section 16 of this Act and any related | 3 | | rules adopted. | 4 | | (Source: P.A. 90-61, eff. 12-30-97 .)
| 5 | | (225 ILCS 95/22.14) (from Ch. 111, par. 4622.14)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 22.14. Administrative review; certification of | 8 | | record. | 9 | | (a) All final administrative decisions of the Department | 10 | | are
subject to judicial review pursuant to the provisions of | 11 | | the " Administrative
Review Law " , and all rules adopted pursuant | 12 | | thereto. The term
"administrative decision" is defined as in | 13 | | Section 3-101 of the " Code
of Civil Procedure " .
| 14 | | (b) Proceedings for judicial review shall be commenced in | 15 | | the circuit court
of the county in which the party applying for | 16 | | review resides; but if the
party is not a resident of this | 17 | | State, venue shall be in Sangamon
County.
| 18 | | (c) The Department shall not be required to certify any | 19 | | record to the court, to file an answer in court, or to | 20 | | otherwise appear in any court in a judicial review proceeding | 21 | | unless and until the Department has received from the plaintiff | 22 | | payment of the costs of furnishing and certifying the record, | 23 | | which costs shall be determined by the Department. Exhibits | 24 | | shall be certified without cost. Failure on the part of the | 25 | | plaintiff to file a receipt in court is grounds for dismissal |
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| 1 | | of the action. During the pendency and hearing of any and all | 2 | | judicial proceedings incident to the disciplinary action the | 3 | | sanctions imposed upon the accused by the Department because of | 4 | | acts or omissions related to the delivery of direct patient | 5 | | care as specified in the Department's final administrative | 6 | | decision, shall, as a matter of public policy, remain in full | 7 | | force and effect in order to protect the public pending final | 8 | | resolution of any of the proceedings. | 9 | | (Source: P.A. 86-596 .)
| 10 | | (225 ILCS 95/22.17 new) | 11 | | Sec. 22.17. Confidentiality. All information collected by | 12 | | the Department in the course of an examination or investigation | 13 | | of a licensee or applicant, including, but not limited to, any | 14 | | complaint against a licensee filed with the Department and | 15 | | information collected to investigate any such complaint, shall | 16 | | be maintained for the confidential use of the Department and | 17 | | shall not be disclosed. The Department shall not disclose the | 18 | | information to anyone other than law enforcement officials, | 19 | | regulatory agencies that have an appropriate regulatory | 20 | | interest as determined by the Secretary, or a party presenting | 21 | | a lawful subpoena to the Department. Information and documents | 22 | | disclosed to a federal, State, county, or local law enforcement | 23 | | agency shall not be disclosed by the agency for any purpose to | 24 | | any other agency or person. A formal complaint filed against a | 25 | | licensee by the Department or any order issued by the |
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| 1 | | Department against a licensee or applicant shall be a public | 2 | | record, except as otherwise prohibited by law.
| 3 | | (225 ILCS 95/23) (from Ch. 111, par. 4623)
| 4 | | (Section scheduled to be repealed on January 1, 2018)
| 5 | | Sec. 23. Home rule. It is declared to be the public policy | 6 | | of this State,
pursuant to paragraphs (h) and (i) of Section 6 | 7 | | of Article VII of the
Illinois Constitution of 1970, that any | 8 | | power or function set forth in this
Act to be exercised by the | 9 | | State is an exclusive State power or function.
Such power or | 10 | | function shall not be exercised concurrently, either directly
| 11 | | or indirectly, by any unit of local government, including home | 12 | | rule units,
except as otherwise provided in this Act.
| 13 | | (Source: P.A. 85-981 .)
| 14 | | Section 15. The Illinois Public Aid Code is amended by | 15 | | changing Section 5-8 as follows: | 16 | | (305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
| 17 | | Sec. 5-8. Practitioners. In supplying medical assistance, | 18 | | the Illinois
Department may provide for the legally authorized | 19 | | services of (i) persons
licensed under the Medical Practice Act | 20 | | of 1987, as amended, except as
hereafter in this Section | 21 | | stated, whether under a
general or limited license, (ii) | 22 | | persons licensed under the Nurse Practice Act as advanced | 23 | | practice nurses, regardless of whether or not the persons have |
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| 1 | | written collaborative agreements, (iii) persons licensed or | 2 | | registered
under
other laws of this State to provide dental, | 3 | | medical, pharmaceutical,
optometric, podiatric, or nursing | 4 | | services, or other remedial care
recognized under State law, | 5 | | and (iv) persons licensed under other laws of
this State as a | 6 | | clinical social worker , and (v) persons licensed under other | 7 | | laws of this State as physician assistants . The Department | 8 | | shall adopt rules, no later than 90 days after the effective | 9 | | date of this amendatory Act of the 99th General Assembly, for | 10 | | the legally authorized services of persons licensed under other | 11 | | laws of this State as a clinical social worker.
The Department | 12 | | may not provide for legally
authorized services of any | 13 | | physician who has been convicted of having performed
an | 14 | | abortion procedure in a wilful and wanton manner on a woman who | 15 | | was not
pregnant at the time such abortion procedure was | 16 | | performed. The
utilization of the services of persons engaged | 17 | | in the treatment or care of
the sick, which persons are not | 18 | | required to be licensed or registered under
the laws of this | 19 | | State, is not prohibited by this Section.
| 20 | | (Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17 .)
| 21 | | Section 20. The Illinois Controlled Substances Act is | 22 | | amended by changing Sections 102 and 303.05 as follows: | 23 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 24 | | Sec. 102. Definitions. As used in this Act, unless the |
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| 1 | | context
otherwise requires:
| 2 | | (a) "Addict" means any person who habitually uses any drug, | 3 | | chemical,
substance or dangerous drug other than alcohol so as | 4 | | to endanger the public
morals, health, safety or welfare or who | 5 | | is so far addicted to the use of a
dangerous drug or controlled | 6 | | substance other than alcohol as to have lost
the power of self | 7 | | control with reference to his or her addiction.
| 8 | | (b) "Administer" means the direct application of a | 9 | | controlled
substance, whether by injection, inhalation, | 10 | | ingestion, or any other
means, to the body of a patient, | 11 | | research subject, or animal (as
defined by the Humane | 12 | | Euthanasia in Animal Shelters Act) by:
| 13 | | (1) a practitioner (or, in his or her presence, by his | 14 | | or her authorized agent),
| 15 | | (2) the patient or research subject pursuant to an | 16 | | order, or
| 17 | | (3) a euthanasia technician as defined by the Humane | 18 | | Euthanasia in
Animal Shelters Act.
| 19 | | (c) "Agent" means an authorized person who acts on behalf | 20 | | of or at
the direction of a manufacturer, distributor, | 21 | | dispenser, prescriber, or practitioner. It does not
include a | 22 | | common or contract carrier, public warehouseman or employee of
| 23 | | the carrier or warehouseman.
| 24 | | (c-1) "Anabolic Steroids" means any drug or hormonal | 25 | | substance,
chemically and pharmacologically related to | 26 | | testosterone (other than
estrogens, progestins, |
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| 1 | | corticosteroids, and dehydroepiandrosterone),
and includes:
| 2 | | (i) 3[beta],17-dihydroxy-5a-androstane, | 3 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | 4 | | (iii) 5[alpha]-androstan-3,17-dione, | 5 | | (iv) 1-androstenediol (3[beta], | 6 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 7 | | (v) 1-androstenediol (3[alpha], | 8 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 9 | | (vi) 4-androstenediol | 10 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), | 11 | | (vii) 5-androstenediol | 12 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), | 13 | | (viii) 1-androstenedione | 14 | | ([5alpha]-androst-1-en-3,17-dione), | 15 | | (ix) 4-androstenedione | 16 | | (androst-4-en-3,17-dione), | 17 | | (x) 5-androstenedione | 18 | | (androst-5-en-3,17-dione), | 19 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | 20 | | hydroxyandrost-4-en-3-one), | 21 | | (xii) boldenone (17[beta]-hydroxyandrost- | 22 | | 1,4,-diene-3-one), | 23 | | (xiii) boldione (androsta-1,4- | 24 | | diene-3,17-dione), | 25 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | 26 | | [beta]-hydroxyandrost-4-en-3-one), |
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| 1 | | (xv) clostebol (4-chloro-17[beta]- | 2 | | hydroxyandrost-4-en-3-one), | 3 | | (xvi) dehydrochloromethyltestosterone (4-chloro- | 4 | | 17[beta]-hydroxy-17[alpha]-methyl- | 5 | | androst-1,4-dien-3-one), | 6 | | (xvii) desoxymethyltestosterone | 7 | | (17[alpha]-methyl-5[alpha] | 8 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), | 9 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. | 10 | | '1-testosterone') (17[beta]-hydroxy- | 11 | | 5[alpha]-androst-1-en-3-one), | 12 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | 13 | | androstan-3-one), | 14 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | 15 | | 5[alpha]-androstan-3-one), | 16 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | 17 | | hydroxyestr-4-ene), | 18 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | 19 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | 20 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | 21 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | 22 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | 23 | | hydroxyandrostano[2,3-c]-furazan), | 24 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | 25 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | 26 | | androst-4-en-3-one), |
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| 1 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | 2 | | dihydroxy-estr-4-en-3-one), | 3 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | 4 | | hydroxy-5-androstan-3-one), | 5 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | 6 | | [5a]-androstan-3-one), | 7 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- | 8 | | hydroxyandrost-1,4-dien-3-one), | 9 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | 10 | | dihydroxyandrost-5-ene), | 11 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | 12 | | 5[alpha]-androst-1-en-3-one), | 13 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | 14 | | dihydroxy-5a-androstane), | 15 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | 16 | | -5a-androstane), | 17 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | 18 | | dihydroxyandrost-4-ene), | 19 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | 20 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | 21 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | 22 | | hydroxyestra-4,9(10)-dien-3-one), | 23 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | 24 | | hydroxyestra-4,9-11-trien-3-one), | 25 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | 26 | | hydroxyandrost-4-en-3-one), |
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| 1 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | 2 | | hydroxyestr-4-en-3-one), | 3 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | 4 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | 5 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | 6 | | 1-testosterone'), | 7 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | 8 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | 9 | | dihydroxyestr-4-ene), | 10 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | 11 | | dihydroxyestr-4-ene), | 12 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | 13 | | dihydroxyestr-5-ene), | 14 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | 15 | | dihydroxyestr-5-ene), | 16 | | (xlvii) 19-nor-4,9(10)-androstadienedione | 17 | | (estra-4,9(10)-diene-3,17-dione), | 18 | | (xlviii) 19-nor-4-androstenedione (estr-4- | 19 | | en-3,17-dione), | 20 | | (xlix) 19-nor-5-androstenedione (estr-5- | 21 | | en-3,17-dione), | 22 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | 23 | | hydroxygon-4-en-3-one), | 24 | | (li) norclostebol (4-chloro-17[beta]- | 25 | | hydroxyestr-4-en-3-one), | 26 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- |
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| 1 | | hydroxyestr-4-en-3-one), | 2 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | 3 | | hydroxyestr-4-en-3-one), | 4 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | 5 | | 2-oxa-5[alpha]-androstan-3-one), | 6 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | 7 | | dihydroxyandrost-4-en-3-one), | 8 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | 9 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | 10 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | 11 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | 12 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | 13 | | (5[alpha]-androst-1-en-3-one), | 14 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- | 15 | | secoandrosta-1,4-dien-17-oic | 16 | | acid lactone), | 17 | | (lx) testosterone (17[beta]-hydroxyandrost- | 18 | | 4-en-3-one), | 19 | | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | 20 | | diethyl-17[beta]-hydroxygon- | 21 | | 4,9,11-trien-3-one), | 22 | | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | 23 | | 11-trien-3-one).
| 24 | | Any person who is otherwise lawfully in possession of an | 25 | | anabolic
steroid, or who otherwise lawfully manufactures, | 26 | | distributes, dispenses,
delivers, or possesses with intent to |
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| 1 | | deliver an anabolic steroid, which
anabolic steroid is | 2 | | expressly intended for and lawfully allowed to be
administered | 3 | | through implants to livestock or other nonhuman species, and
| 4 | | which is approved by the Secretary of Health and Human Services | 5 | | for such
administration, and which the person intends to | 6 | | administer or have
administered through such implants, shall | 7 | | not be considered to be in
unauthorized possession or to | 8 | | unlawfully manufacture, distribute, dispense,
deliver, or | 9 | | possess with intent to deliver such anabolic steroid for
| 10 | | purposes of this Act.
| 11 | | (d) "Administration" means the Drug Enforcement | 12 | | Administration,
United States Department of Justice, or its | 13 | | successor agency.
| 14 | | (d-5) "Clinical Director, Prescription Monitoring Program" | 15 | | means a Department of Human Services administrative employee | 16 | | licensed to either prescribe or dispense controlled substances | 17 | | who shall run the clinical aspects of the Department of Human | 18 | | Services Prescription Monitoring Program and its Prescription | 19 | | Information Library. | 20 | | (d-10) "Compounding" means the preparation and mixing of | 21 | | components, excluding flavorings, (1) as the result of a | 22 | | prescriber's prescription drug order or initiative based on the | 23 | | prescriber-patient-pharmacist relationship in the course of | 24 | | professional practice or (2) for the purpose of, or incident | 25 | | to, research, teaching, or chemical analysis and not for sale | 26 | | or dispensing. "Compounding" includes the preparation of drugs |
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| 1 | | or devices in anticipation of receiving prescription drug | 2 | | orders based on routine, regularly observed dispensing | 3 | | patterns. Commercially available products may be compounded | 4 | | for dispensing to individual patients only if both of the | 5 | | following conditions are met: (i) the commercial product is not | 6 | | reasonably available from normal distribution channels in a | 7 | | timely manner to meet the patient's needs and (ii) the | 8 | | prescribing practitioner has requested that the drug be | 9 | | compounded. | 10 | | (e) "Control" means to add a drug or other substance, or | 11 | | immediate
precursor, to a Schedule whether by
transfer from | 12 | | another Schedule or otherwise.
| 13 | | (f) "Controlled Substance" means (i) a drug, substance, | 14 | | immediate
precursor, or synthetic drug in the Schedules of | 15 | | Article II of this Act or (ii) a drug or other substance, or | 16 | | immediate precursor, designated as a controlled substance by | 17 | | the Department through administrative rule. The term does not | 18 | | include distilled spirits, wine, malt beverages, or tobacco, as | 19 | | those terms are
defined or used in the Liquor Control Act of | 20 | | 1934 and the Tobacco Products Tax
Act of 1995.
| 21 | | (f-5) "Controlled substance analog" means a substance: | 22 | | (1) the chemical structure of which is substantially | 23 | | similar to the chemical structure of a controlled substance | 24 | | in Schedule I or II; | 25 | | (2) which has a stimulant, depressant, or | 26 | | hallucinogenic effect on the central nervous system that is |
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| 1 | | substantially similar to or greater than the stimulant, | 2 | | depressant, or hallucinogenic effect on the central | 3 | | nervous system of a controlled substance in Schedule I or | 4 | | II; or | 5 | | (3) with respect to a particular person, which such | 6 | | person represents or intends to have a stimulant, | 7 | | depressant, or hallucinogenic effect on the central | 8 | | nervous system that is substantially similar to or greater | 9 | | than the stimulant, depressant, or hallucinogenic effect | 10 | | on the central nervous system of a controlled substance in | 11 | | Schedule I or II. | 12 | | (g) "Counterfeit substance" means a controlled substance, | 13 | | which, or
the container or labeling of which, without | 14 | | authorization bears the
trademark, trade name, or other | 15 | | identifying mark, imprint, number or
device, or any likeness | 16 | | thereof, of a manufacturer, distributor, or
dispenser other | 17 | | than the person who in fact manufactured, distributed,
or | 18 | | dispensed the substance.
| 19 | | (h) "Deliver" or "delivery" means the actual, constructive | 20 | | or
attempted transfer of possession of a controlled substance, | 21 | | with or
without consideration, whether or not there is an | 22 | | agency relationship.
| 23 | | (i) "Department" means the Illinois Department of Human | 24 | | Services (as
successor to the Department of Alcoholism and | 25 | | Substance Abuse) or its successor agency.
| 26 | | (j) (Blank).
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| 1 | | (k) "Department of Corrections" means the Department of | 2 | | Corrections
of the State of Illinois or its successor agency.
| 3 | | (l) "Department of Financial and Professional Regulation" | 4 | | means the Department
of Financial and Professional Regulation | 5 | | of the State of Illinois or its successor agency.
| 6 | | (m) "Depressant" means any drug that (i) causes an overall | 7 | | depression of central nervous system functions, (ii) causes | 8 | | impaired consciousness and awareness, and (iii) can be | 9 | | habit-forming or lead to a substance abuse problem, including | 10 | | but not limited to alcohol, cannabis and its active principles | 11 | | and their analogs, benzodiazepines and their analogs, | 12 | | barbiturates and their analogs, opioids (natural and | 13 | | synthetic) and their analogs, and chloral hydrate and similar | 14 | | sedative hypnotics.
| 15 | | (n) (Blank).
| 16 | | (o) "Director" means the Director of the Illinois State | 17 | | Police or his or her designated agents.
| 18 | | (p) "Dispense" means to deliver a controlled substance to | 19 | | an
ultimate user or research subject by or pursuant to the | 20 | | lawful order of
a prescriber, including the prescribing, | 21 | | administering, packaging,
labeling, or compounding necessary | 22 | | to prepare the substance for that
delivery.
| 23 | | (q) "Dispenser" means a practitioner who dispenses.
| 24 | | (r) "Distribute" means to deliver, other than by | 25 | | administering or
dispensing, a controlled substance.
| 26 | | (s) "Distributor" means a person who distributes.
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| 1 | | (t) "Drug" means (1) substances recognized as drugs in the | 2 | | official
United States Pharmacopoeia, Official Homeopathic | 3 | | Pharmacopoeia of the
United States, or official National | 4 | | Formulary, or any supplement to any
of them; (2) substances | 5 | | intended for use in diagnosis, cure, mitigation,
treatment, or | 6 | | prevention of disease in man or animals; (3) substances
(other | 7 | | than food) intended to affect the structure of any function of
| 8 | | the body of man or animals and (4) substances intended for use | 9 | | as a
component of any article specified in clause (1), (2), or | 10 | | (3) of this
subsection. It does not include devices or their | 11 | | components, parts, or
accessories.
| 12 | | (t-3) "Electronic health record" or "EHR" means an | 13 | | electronic record of health-related information on an | 14 | | individual that is created, gathered, managed, and consulted by | 15 | | authorized health care clinicians and staff. | 16 | | (t-5) "Euthanasia agency" means
an entity certified by the | 17 | | Department of Financial and Professional Regulation for the
| 18 | | purpose of animal euthanasia that holds an animal control | 19 | | facility license or
animal
shelter license under the Animal | 20 | | Welfare Act. A euthanasia agency is
authorized to purchase, | 21 | | store, possess, and utilize Schedule II nonnarcotic and
| 22 | | Schedule III nonnarcotic drugs for the sole purpose of animal | 23 | | euthanasia.
| 24 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 25 | | substances
(nonnarcotic controlled substances) that are used | 26 | | by a euthanasia agency for
the purpose of animal euthanasia.
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| 1 | | (u) "Good faith" means the prescribing or dispensing of a | 2 | | controlled
substance by a practitioner in the regular course of | 3 | | professional
treatment to or for any person who is under his or | 4 | | her treatment for a
pathology or condition other than that | 5 | | individual's physical or
psychological dependence upon or | 6 | | addiction to a controlled substance,
except as provided herein: | 7 | | and application of the term to a pharmacist
shall mean the | 8 | | dispensing of a controlled substance pursuant to the
| 9 | | prescriber's order which in the professional judgment of the | 10 | | pharmacist
is lawful. The pharmacist shall be guided by | 11 | | accepted professional
standards including, but not limited to | 12 | | the following, in making the
judgment:
| 13 | | (1) lack of consistency of prescriber-patient | 14 | | relationship,
| 15 | | (2) frequency of prescriptions for same drug by one | 16 | | prescriber for
large numbers of patients,
| 17 | | (3) quantities beyond those normally prescribed,
| 18 | | (4) unusual dosages (recognizing that there may be | 19 | | clinical circumstances where more or less than the usual | 20 | | dose may be used legitimately),
| 21 | | (5) unusual geographic distances between patient, | 22 | | pharmacist and
prescriber,
| 23 | | (6) consistent prescribing of habit-forming drugs.
| 24 | | (u-0.5) "Hallucinogen" means a drug that causes markedly | 25 | | altered sensory perception leading to hallucinations of any | 26 | | type. |
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| 1 | | (u-1) "Home infusion services" means services provided by a | 2 | | pharmacy in
compounding solutions for direct administration to | 3 | | a patient in a private
residence, long-term care facility, or | 4 | | hospice setting by means of parenteral,
intravenous, | 5 | | intramuscular, subcutaneous, or intraspinal infusion.
| 6 | | (u-5) "Illinois State Police" means the State
Police of the | 7 | | State of Illinois, or its successor agency. | 8 | | (v) "Immediate precursor" means a substance:
| 9 | | (1) which the Department has found to be and by rule | 10 | | designated as
being a principal compound used, or produced | 11 | | primarily for use, in the
manufacture of a controlled | 12 | | substance;
| 13 | | (2) which is an immediate chemical intermediary used or | 14 | | likely to
be used in the manufacture of such controlled | 15 | | substance; and
| 16 | | (3) the control of which is necessary to prevent, | 17 | | curtail or limit
the manufacture of such controlled | 18 | | substance.
| 19 | | (w) "Instructional activities" means the acts of teaching, | 20 | | educating
or instructing by practitioners using controlled | 21 | | substances within
educational facilities approved by the State | 22 | | Board of Education or
its successor agency.
| 23 | | (x) "Local authorities" means a duly organized State, | 24 | | County or
Municipal peace unit or police force.
| 25 | | (y) "Look-alike substance" means a substance, other than a | 26 | | controlled
substance which (1) by overall dosage unit |
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| 1 | | appearance, including shape,
color, size, markings or lack | 2 | | thereof, taste, consistency, or any other
identifying physical | 3 | | characteristic of the substance, would lead a reasonable
person | 4 | | to believe that the substance is a controlled substance, or (2) | 5 | | is
expressly or impliedly represented to be a controlled | 6 | | substance or is
distributed under circumstances which would | 7 | | lead a reasonable person to
believe that the substance is a | 8 | | controlled substance. For the purpose of
determining whether | 9 | | the representations made or the circumstances of the
| 10 | | distribution would lead a reasonable person to believe the | 11 | | substance to be
a controlled substance under this clause (2) of | 12 | | subsection (y), the court or
other authority may consider the | 13 | | following factors in addition to any other
factor that may be | 14 | | relevant:
| 15 | | (a) statements made by the owner or person in control | 16 | | of the substance
concerning its nature, use or effect;
| 17 | | (b) statements made to the buyer or recipient that the | 18 | | substance may
be resold for profit;
| 19 | | (c) whether the substance is packaged in a manner | 20 | | normally used for the
illegal distribution of controlled | 21 | | substances;
| 22 | | (d) whether the distribution or attempted distribution | 23 | | included an
exchange of or demand for money or other | 24 | | property as consideration, and
whether the amount of the | 25 | | consideration was substantially greater than the
| 26 | | reasonable retail market value of the substance.
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| 1 | | Clause (1) of this subsection (y) shall not apply to a | 2 | | noncontrolled
substance in its finished dosage form that was | 3 | | initially introduced into
commerce prior to the initial | 4 | | introduction into commerce of a controlled
substance in its | 5 | | finished dosage form which it may substantially resemble.
| 6 | | Nothing in this subsection (y) prohibits the dispensing or | 7 | | distributing
of noncontrolled substances by persons authorized | 8 | | to dispense and
distribute controlled substances under this | 9 | | Act, provided that such action
would be deemed to be carried | 10 | | out in good faith under subsection (u) if the
substances | 11 | | involved were controlled substances.
| 12 | | Nothing in this subsection (y) or in this Act prohibits the | 13 | | manufacture,
preparation, propagation, compounding, | 14 | | processing, packaging, advertising
or distribution of a drug or | 15 | | drugs by any person registered pursuant to
Section 510 of the | 16 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 17 | | (y-1) "Mail-order pharmacy" means a pharmacy that is | 18 | | located in a state
of the United States that delivers, | 19 | | dispenses or
distributes, through the United States Postal | 20 | | Service or other common
carrier, to Illinois residents, any | 21 | | substance which requires a prescription.
| 22 | | (z) "Manufacture" means the production, preparation, | 23 | | propagation,
compounding, conversion or processing of a | 24 | | controlled substance other than methamphetamine, either
| 25 | | directly or indirectly, by extraction from substances of | 26 | | natural origin,
or independently by means of chemical |
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| 1 | | synthesis, or by a combination of
extraction and chemical | 2 | | synthesis, and includes any packaging or
repackaging of the | 3 | | substance or labeling of its container, except that
this term | 4 | | does not include:
| 5 | | (1) by an ultimate user, the preparation or compounding | 6 | | of a
controlled substance for his or her own use; or
| 7 | | (2) by a practitioner, or his or her authorized agent | 8 | | under his or her
supervision, the preparation, | 9 | | compounding, packaging, or labeling of a
controlled | 10 | | substance:
| 11 | | (a) as an incident to his or her administering or | 12 | | dispensing of a
controlled substance in the course of | 13 | | his or her professional practice; or
| 14 | | (b) as an incident to lawful research, teaching or | 15 | | chemical
analysis and not for sale.
| 16 | | (z-1) (Blank).
| 17 | | (z-5) "Medication shopping" means the conduct prohibited | 18 | | under subsection (a) of Section 314.5 of this Act. | 19 | | (z-10) "Mid-level practitioner" means (i) a physician | 20 | | assistant who has been delegated authority to prescribe through | 21 | | a written delegation of authority by a physician licensed to | 22 | | practice medicine in all of its branches, in accordance with | 23 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 24 | | (ii) an advanced practice nurse who has been delegated | 25 | | authority to prescribe through a written delegation of | 26 | | authority by a physician licensed to practice medicine in all |
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| 1 | | of its branches or by a podiatric physician, in accordance with | 2 | | Section 65-40 of the Nurse Practice Act, (iii) an advanced | 3 | | practice nurse certified as a nurse practitioner, nurse | 4 | | midwife, or clinical nurse specialist who has been granted | 5 | | authority to prescribe by a hospital affiliate in accordance | 6 | | with Section 65-45 of the Nurse Practice Act, (iv) an animal | 7 | | euthanasia agency, or (v) a prescribing psychologist. | 8 | | (aa) "Narcotic drug" means any of the following, whether | 9 | | produced
directly or indirectly by extraction from substances | 10 | | of vegetable origin,
or independently by means of chemical | 11 | | synthesis, or by a combination of
extraction and chemical | 12 | | synthesis:
| 13 | | (1) opium, opiates, derivatives of opium and opiates, | 14 | | including their isomers, esters, ethers, salts, and salts | 15 | | of isomers, esters, and ethers, whenever the existence of | 16 | | such isomers, esters, ethers, and salts is possible within | 17 | | the specific chemical designation; however the term | 18 | | "narcotic drug" does not include the isoquinoline | 19 | | alkaloids of opium;
| 20 | | (2) (blank);
| 21 | | (3) opium poppy and poppy straw;
| 22 | | (4) coca leaves, except coca leaves and extracts of | 23 | | coca leaves from which substantially all of the cocaine and | 24 | | ecgonine, and their isomers, derivatives and salts, have | 25 | | been removed;
| 26 | | (5) cocaine, its salts, optical and geometric isomers, |
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| 1 | | and salts of isomers; | 2 | | (6) ecgonine, its derivatives, their salts, isomers, | 3 | | and salts of isomers; | 4 | | (7) any compound, mixture, or preparation which | 5 | | contains any quantity of any of the substances referred to | 6 | | in subparagraphs (1) through (6). | 7 | | (bb) "Nurse" means a registered nurse licensed under the
| 8 | | Nurse Practice Act.
| 9 | | (cc) (Blank).
| 10 | | (dd) "Opiate" means any substance having an addiction | 11 | | forming or
addiction sustaining liability similar to morphine | 12 | | or being capable of
conversion into a drug having addiction | 13 | | forming or addiction sustaining
liability.
| 14 | | (ee) "Opium poppy" means the plant of the species Papaver
| 15 | | somniferum L., except its seeds.
| 16 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | 17 | | solution or other liquid form of medication intended for | 18 | | administration by mouth, but the term does not include a form | 19 | | of medication intended for buccal, sublingual, or transmucosal | 20 | | administration. | 21 | | (ff) "Parole and Pardon Board" means the Parole and Pardon | 22 | | Board of
the State of Illinois or its successor agency.
| 23 | | (gg) "Person" means any individual, corporation, | 24 | | mail-order pharmacy,
government or governmental subdivision or | 25 | | agency, business trust, estate,
trust, partnership or | 26 | | association, or any other entity.
|
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| 1 | | (hh) "Pharmacist" means any person who holds a license or | 2 | | certificate of
registration as a registered pharmacist, a local | 3 | | registered pharmacist
or a registered assistant pharmacist | 4 | | under the Pharmacy Practice Act.
| 5 | | (ii) "Pharmacy" means any store, ship or other place in | 6 | | which
pharmacy is authorized to be practiced under the Pharmacy | 7 | | Practice Act.
| 8 | | (ii-5) "Pharmacy shopping" means the conduct prohibited | 9 | | under subsection (b) of Section 314.5 of this Act. | 10 | | (ii-10) "Physician" (except when the context otherwise | 11 | | requires) means a person licensed to practice medicine in all | 12 | | of its branches. | 13 | | (jj) "Poppy straw" means all parts, except the seeds, of | 14 | | the opium
poppy, after mowing.
| 15 | | (kk) "Practitioner" means a physician licensed to practice | 16 | | medicine in all
its branches, dentist, optometrist, podiatric | 17 | | physician,
veterinarian, scientific investigator, pharmacist, | 18 | | physician assistant,
advanced practice nurse,
licensed | 19 | | practical
nurse, registered nurse, hospital, laboratory, or | 20 | | pharmacy, or other
person licensed, registered, or otherwise | 21 | | lawfully permitted by the
United States or this State to | 22 | | distribute, dispense, conduct research
with respect to, | 23 | | administer or use in teaching or chemical analysis, a
| 24 | | controlled substance in the course of professional practice or | 25 | | research.
| 26 | | (ll) "Pre-printed prescription" means a written |
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| 1 | | prescription upon which
the designated drug has been indicated | 2 | | prior to the time of issuance; the term does not mean a written | 3 | | prescription that is individually generated by machine or | 4 | | computer in the prescriber's office.
| 5 | | (mm) "Prescriber" means a physician licensed to practice | 6 | | medicine in all
its branches, dentist, optometrist, | 7 | | prescribing psychologist licensed under Section 4.2 of the | 8 | | Clinical Psychologist Licensing Act with prescriptive | 9 | | authority delegated under Section 4.3 of the Clinical | 10 | | Psychologist Licensing Act, podiatric physician, or
| 11 | | veterinarian who issues a prescription, a physician assistant | 12 | | who
issues a
prescription for a controlled substance
in | 13 | | accordance
with Section 303.05, a written delegation, and a | 14 | | written collaborative supervision agreement required under | 15 | | Section 7.5
of the
Physician Assistant Practice Act of 1987, an | 16 | | advanced practice
nurse with prescriptive authority delegated | 17 | | under Section 65-40 of the Nurse Practice Act and in accordance | 18 | | with Section 303.05, a written delegation,
and a written
| 19 | | collaborative agreement under Section 65-35 of the Nurse | 20 | | Practice Act, or an advanced practice nurse certified as a | 21 | | nurse practitioner, nurse midwife, or clinical nurse | 22 | | specialist who has been granted authority to prescribe by a | 23 | | hospital affiliate in accordance with Section 65-45 of the | 24 | | Nurse Practice Act and in accordance with Section 303.05.
| 25 | | (nn) "Prescription" means a written, facsimile, or oral | 26 | | order, or an electronic order that complies with applicable |
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| 1 | | federal requirements,
of
a physician licensed to practice | 2 | | medicine in all its branches,
dentist, podiatric physician or | 3 | | veterinarian for any controlled
substance, of an optometrist in | 4 | | accordance with Section 15.1 of the Illinois Optometric | 5 | | Practice Act of 1987, of a prescribing psychologist licensed | 6 | | under Section 4.2 of the Clinical Psychologist Licensing Act | 7 | | with prescriptive authority delegated under Section 4.3 of the | 8 | | Clinical Psychologist Licensing Act, of a physician assistant | 9 | | for a
controlled substance
in accordance with Section 303.05, a | 10 | | written delegation, and a written collaborative supervision | 11 | | agreement required under
Section 7.5 of the
Physician Assistant | 12 | | Practice Act of 1987, of an advanced practice
nurse with | 13 | | prescriptive authority delegated under Section 65-40 of the | 14 | | Nurse Practice Act who issues a prescription for a
controlled | 15 | | substance in accordance
with
Section 303.05, a written | 16 | | delegation, and a written collaborative agreement under | 17 | | Section 65-35 of the Nurse Practice Act, or of an advanced | 18 | | practice nurse certified as a nurse practitioner, nurse | 19 | | midwife, or clinical nurse specialist who has been granted | 20 | | authority to prescribe by a hospital affiliate in accordance | 21 | | with Section 65-45 of the Nurse Practice Act and in accordance | 22 | | with Section 303.05 when required by law.
| 23 | | (nn-5) "Prescription Information Library" (PIL) means an | 24 | | electronic library that contains reported controlled substance | 25 | | data. | 26 | | (nn-10) "Prescription Monitoring Program" (PMP) means the |
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| 1 | | entity that collects, tracks, and stores reported data on | 2 | | controlled substances and select drugs pursuant to Section 316. | 3 | | (oo) "Production" or "produce" means manufacture, | 4 | | planting,
cultivating, growing, or harvesting of a controlled | 5 | | substance other than methamphetamine.
| 6 | | (pp) "Registrant" means every person who is required to | 7 | | register
under Section 302 of this Act.
| 8 | | (qq) "Registry number" means the number assigned to each | 9 | | person
authorized to handle controlled substances under the | 10 | | laws of the United
States and of this State.
| 11 | | (qq-5) "Secretary" means, as the context requires, either | 12 | | the Secretary of the Department or the Secretary of the | 13 | | Department of Financial and Professional Regulation, and the | 14 | | Secretary's designated agents. | 15 | | (rr) "State" includes the State of Illinois and any state, | 16 | | district,
commonwealth, territory, insular possession thereof, | 17 | | and any area
subject to the legal authority of the United | 18 | | States of America.
| 19 | | (rr-5) "Stimulant" means any drug that (i) causes an | 20 | | overall excitation of central nervous system functions, (ii) | 21 | | causes impaired consciousness and awareness, and (iii) can be | 22 | | habit-forming or lead to a substance abuse problem, including | 23 | | but not limited to amphetamines and their analogs, | 24 | | methylphenidate and its analogs, cocaine, and phencyclidine | 25 | | and its analogs. | 26 | | (ss) "Ultimate user" means a person who lawfully possesses |
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| 1 | | a
controlled substance for his or her own use or for the use of | 2 | | a member of his or her
household or for administering to an | 3 | | animal owned by him or her or by a member
of his or her | 4 | | household.
| 5 | | (Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14; | 6 | | 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff. | 7 | | 7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480, | 8 | | eff. 9-9-15; 99-642, eff. 7-28-16.)
| 9 | | (720 ILCS 570/303.05)
| 10 | | Sec. 303.05. Mid-level practitioner registration.
| 11 | | (a) The Department of Financial and Professional | 12 | | Regulation shall register licensed
physician assistants, | 13 | | licensed advanced practice nurses, and prescribing | 14 | | psychologists licensed under Section 4.2 of the Clinical | 15 | | Psychologist Licensing Act to prescribe and
dispense | 16 | | controlled substances under Section 303 and euthanasia
| 17 | | agencies to purchase, store, or administer animal euthanasia | 18 | | drugs under the
following circumstances:
| 19 | | (1) with respect to physician assistants,
| 20 | | (A) the physician assistant has been
delegated
| 21 | | written authority to prescribe any Schedule III | 22 | | through V controlled substances by a physician | 23 | | licensed to practice medicine in all its
branches in | 24 | | accordance with Section 7.5 of the Physician Assistant | 25 | | Practice Act
of 1987;
and
the physician assistant has
|
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| 1 | | completed the
appropriate application forms and has | 2 | | paid the required fees as set by rule;
or
| 3 | | (B) the physician assistant has been delegated
| 4 | | authority by a collaborating supervising physician | 5 | | licensed to practice medicine in all its branches to | 6 | | prescribe or dispense Schedule II controlled | 7 | | substances through a written delegation of authority | 8 | | and under the following conditions: | 9 | | (i) Specific Schedule II controlled substances | 10 | | by oral dosage or topical or transdermal | 11 | | application may be delegated, provided that the | 12 | | delegated Schedule II controlled substances are | 13 | | routinely prescribed by the collaborating | 14 | | supervising physician. This delegation must | 15 | | identify the specific Schedule II controlled | 16 | | substances by either brand name or generic name. | 17 | | Schedule II controlled substances to be delivered | 18 | | by injection or other route of administration may | 19 | | not be delegated; | 20 | | (ii) any delegation must be of controlled | 21 | | substances prescribed by the collaborating | 22 | | supervising physician; | 23 | | (iii) all prescriptions must be limited to no | 24 | | more than a 30-day supply, with any continuation | 25 | | authorized only after prior approval of the | 26 | | collaborating supervising physician; |
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| 1 | | (iv) the physician assistant must discuss the | 2 | | condition of any patients for whom a controlled | 3 | | substance is prescribed monthly with the | 4 | | delegating physician; | 5 | | (v) the physician assistant must have | 6 | | completed the appropriate application forms and | 7 | | paid the required fees as set by rule; | 8 | | (vi) the physician assistant must provide | 9 | | evidence of satisfactory completion of 45 contact | 10 | | hours in pharmacology from any physician assistant | 11 | | program accredited by the Accreditation Review | 12 | | Commission on Education for the Physician | 13 | | Assistant (ARC-PA), or its predecessor agency, for | 14 | | any new license issued with Schedule II authority | 15 | | after the effective date of this amendatory Act of | 16 | | the 97th General Assembly; and | 17 | | (vii) the physician assistant must annually | 18 | | complete at least 5 hours of continuing education | 19 | | in pharmacology; | 20 | | (2) with respect to advanced practice nurses, | 21 | | (A) the advanced practice nurse has been delegated
| 22 | | authority to prescribe any Schedule III through V | 23 | | controlled substances by a collaborating physician | 24 | | licensed to practice medicine in all its branches or a | 25 | | collaborating podiatric physician in accordance with | 26 | | Section 65-40 of the Nurse Practice
Act. The advanced |
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| 1 | | practice nurse has completed the
appropriate | 2 | | application forms and has paid the required
fees as set | 3 | | by rule; or | 4 | | (B) the advanced practice nurse has been delegated
| 5 | | authority by a collaborating physician licensed to | 6 | | practice medicine in all its branches or collaborating | 7 | | podiatric physician to prescribe or dispense Schedule | 8 | | II controlled substances through a written delegation | 9 | | of authority and under the following conditions: | 10 | | (i) specific Schedule II controlled substances | 11 | | by oral dosage or topical or transdermal | 12 | | application may be delegated, provided that the | 13 | | delegated Schedule II controlled substances are | 14 | | routinely prescribed by the collaborating | 15 | | physician or podiatric physician. This delegation | 16 | | must identify the specific Schedule II controlled | 17 | | substances by either brand name or generic name. | 18 | | Schedule II controlled substances to be delivered | 19 | | by injection or other route of administration may | 20 | | not be delegated; | 21 | | (ii) any delegation must be of controlled | 22 | | substances prescribed by the collaborating | 23 | | physician or podiatric physician; | 24 | | (iii) all prescriptions must be limited to no | 25 | | more than a 30-day supply, with any continuation | 26 | | authorized only after prior approval of the |
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| 1 | | collaborating physician or podiatric physician; | 2 | | (iv) the advanced practice nurse must discuss | 3 | | the condition of any patients for whom a controlled | 4 | | substance is prescribed monthly with the | 5 | | delegating physician or podiatric physician or in | 6 | | the course of review as required by Section 65-40 | 7 | | of the Nurse Practice Act; | 8 | | (v) the advanced practice nurse must have | 9 | | completed the appropriate application forms and | 10 | | paid the required fees as set by rule; | 11 | | (vi) the advanced practice nurse must provide | 12 | | evidence of satisfactory completion of at least 45 | 13 | | graduate contact hours in pharmacology for any new | 14 | | license issued with Schedule II authority after | 15 | | the effective date of this amendatory Act of the | 16 | | 97th General Assembly; and | 17 | | (vii) the advanced practice nurse must | 18 | | annually complete 5 hours of continuing education | 19 | | in pharmacology; | 20 | | (2.5) with respect to advanced practice nurses | 21 | | certified as nurse practitioners, nurse midwives, or | 22 | | clinical nurse specialists practicing in a hospital | 23 | | affiliate, | 24 | | (A) the advanced practice nurse certified as a | 25 | | nurse practitioner, nurse midwife, or clinical nurse | 26 | | specialist has been granted authority to prescribe any |
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| 1 | | Schedule II through V controlled substances by the | 2 | | hospital affiliate upon the recommendation of the | 3 | | appropriate physician committee of the hospital | 4 | | affiliate in accordance with Section 65-45 of the Nurse | 5 | | Practice Act, has completed the appropriate | 6 | | application forms, and has paid the required fees as | 7 | | set by rule; and | 8 | | (B) an advanced practice nurse certified as a nurse | 9 | | practitioner, nurse midwife, or clinical nurse | 10 | | specialist has been granted authority to prescribe any | 11 | | Schedule II controlled substances by the hospital | 12 | | affiliate upon the recommendation of the appropriate | 13 | | physician committee of the hospital affiliate, then | 14 | | the following conditions must be met: | 15 | | (i) specific Schedule II controlled substances | 16 | | by oral dosage or topical or transdermal | 17 | | application may be designated, provided that the | 18 | | designated Schedule II controlled substances are | 19 | | routinely prescribed by advanced practice nurses | 20 | | in their area of certification; this grant of | 21 | | authority must identify the specific Schedule II | 22 | | controlled substances by either brand name or | 23 | | generic name; authority to prescribe or dispense | 24 | | Schedule II controlled substances to be delivered | 25 | | by injection or other route of administration may | 26 | | not be granted; |
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| 1 | | (ii) any grant of authority must be controlled | 2 | | substances limited to the practice of the advanced | 3 | | practice nurse; | 4 | | (iii) any prescription must be limited to no | 5 | | more than a 30-day supply; | 6 | | (iv) the advanced practice nurse must discuss | 7 | | the condition of any patients for whom a controlled | 8 | | substance is prescribed monthly with the | 9 | | appropriate physician committee of the hospital | 10 | | affiliate or its physician designee; and | 11 | | (v) the advanced practice nurse must meet the | 12 | | education requirements of this Section; | 13 | | (3) with respect to animal euthanasia agencies, the | 14 | | euthanasia agency has
obtained a license from the | 15 | | Department of
Financial and Professional Regulation and | 16 | | obtained a registration number from the
Department; or
| 17 | | (4) with respect to prescribing psychologists, the | 18 | | prescribing psychologist has been delegated
authority to | 19 | | prescribe any nonnarcotic Schedule III through V | 20 | | controlled substances by a collaborating physician | 21 | | licensed to practice medicine in all its branches in | 22 | | accordance with Section 4.3 of the Clinical Psychologist | 23 | | Licensing Act, and the prescribing psychologist has | 24 | | completed the
appropriate application forms and has paid | 25 | | the required
fees as set by rule. | 26 | | (b) The mid-level practitioner shall only be licensed to |
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| 1 | | prescribe those
schedules of controlled substances for which a | 2 | | licensed physician or licensed podiatric physician has | 3 | | delegated
prescriptive authority, except that an animal | 4 | | euthanasia agency does not have any
prescriptive authority.
A | 5 | | physician assistant and an advanced practice nurse are | 6 | | prohibited from prescribing medications and controlled | 7 | | substances not set forth in the required written delegation of | 8 | | authority.
| 9 | | (c) Upon completion of all registration requirements, | 10 | | physician
assistants, advanced practice nurses, and animal | 11 | | euthanasia agencies may be issued a
mid-level practitioner
| 12 | | controlled substances license for Illinois.
| 13 | | (d) A collaborating physician or podiatric physician may, | 14 | | but is not required to, delegate prescriptive authority to an | 15 | | advanced practice nurse as part of a written collaborative | 16 | | agreement, and the delegation of prescriptive authority shall | 17 | | conform to the requirements of Section 65-40 of the Nurse | 18 | | Practice Act. | 19 | | (e) A collaborating supervising physician may, but is not | 20 | | required to, delegate prescriptive authority to a physician | 21 | | assistant as part of a written collaborative supervision | 22 | | agreement, and the delegation of prescriptive authority shall | 23 | | conform to the requirements of Section 7.5 of the Physician | 24 | | Assistant Practice Act of 1987. | 25 | | (f) Nothing in this Section shall be construed to prohibit | 26 | | generic substitution. |
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| 1 | | (Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14; | 2 | | 99-173, eff. 7-29-15.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
|
|