Full Text of HB2247 96th General Assembly
HB2247enr 96TH GENERAL ASSEMBLY
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HB2247 Enrolled |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Pharmacy Practice Act is amended by changing | 5 |
| Section 4 as follows:
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| (225 ILCS 85/4) (from Ch. 111, par. 4124)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 4. Exemptions. Nothing contained in any Section of | 9 |
| this Act shall
apply
to, or in any manner interfere with:
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| (a) the lawful practice of any physician licensed to | 11 |
| practice medicine in
all of its branches, dentist, podiatrist,
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| veterinarian, or therapeutically or diagnostically certified | 13 |
| optometrist within
the limits of
his or her license, or prevent | 14 |
| him or her from
supplying to his
or her
bona fide patients
such | 15 |
| drugs, medicines, or poisons as may seem to him appropriate;
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| (b) the sale of compressed gases;
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| (c) the sale of patent or proprietary medicines and | 18 |
| household remedies
when sold in original and unbroken packages | 19 |
| only, if such patent or
proprietary medicines and household | 20 |
| remedies be properly and adequately
labeled as to content and | 21 |
| usage and generally considered and accepted
as harmless and | 22 |
| nonpoisonous when used according to the directions
on the | 23 |
| label, and also do not contain opium or coca leaves, or any
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| compound, salt or derivative thereof, or any drug which, | 2 |
| according
to the latest editions of the following authoritative | 3 |
| pharmaceutical
treatises and standards, namely, The United | 4 |
| States Pharmacopoeia/National
Formulary (USP/NF), the United | 5 |
| States Dispensatory, and the Accepted
Dental Remedies of the | 6 |
| Council of Dental Therapeutics of the American
Dental | 7 |
| Association or any or either of them, in use on the effective
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| date of this Act, or according to the existing provisions of | 9 |
| the Federal
Food, Drug, and Cosmetic Act and Regulations of the | 10 |
| Department of Health
and Human Services, Food and Drug | 11 |
| Administration, promulgated thereunder
now in effect, is | 12 |
| designated, described or considered as a narcotic,
hypnotic, | 13 |
| habit forming, dangerous, or poisonous drug;
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| (d) the sale of poultry and livestock remedies in original | 15 |
| and unbroken
packages only, labeled for poultry and livestock | 16 |
| medication;
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| (e) the sale of poisonous substances or mixture of | 18 |
| poisonous substances,
in unbroken packages, for nonmedicinal | 19 |
| use in the arts or industries
or for insecticide purposes; | 20 |
| provided, they are properly and adequately
labeled as to | 21 |
| content and such nonmedicinal usage, in conformity
with the | 22 |
| provisions of all applicable federal, state and local laws
and | 23 |
| regulations promulgated thereunder now in effect relating | 24 |
| thereto
and governing the same, and those which are required | 25 |
| under such applicable
laws and regulations to be labeled with | 26 |
| the word "Poison", are also labeled
with the word "Poison" |
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| printed
thereon in prominent type and the name of a readily | 2 |
| obtainable antidote
with directions for its administration;
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| (f) the delegation of limited prescriptive authority by a | 4 |
| physician
licensed to
practice medicine in all its branches to | 5 |
| a physician assistant
under Section 7.5 of the Physician | 6 |
| Assistant Practice Act of 1987. This
delegated authority under | 7 |
| Section 7.5 of the Physician Assistant Practice Act of 1987 | 8 |
| may , but is not required to , include prescription of
controlled | 9 |
| substances, as defined in Article II of the
Illinois Controlled | 10 |
| Substances Act, in accordance with a written supervision | 11 |
| agreement guidelines ; and
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| (g) The delegation of prescriptive authority by a physician
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| licensed to practice medicine in all its branches or a licensed | 14 |
| podiatrist to an advanced practice
nurse in accordance with a | 15 |
| written collaborative
agreement under Sections Section 65-35 | 16 |
| and 65-40 of the Nurse Practice Act. This authority, which is | 17 |
| delegated under Section 65-40 of the Nurse Practice Act, may | 18 |
| but is not required to
include the prescription of Schedule | 19 |
| III, IV, or V controlled substances as
defined
in Article II of | 20 |
| the Illinois Controlled Substances Act.
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| (Source: P.A. 95-639, eff. 10-5-07 .)
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| Section 10. The Physician Assistant Practice Act is amended | 23 |
| by changing Sections 4, 7.5, and 21 as follows:
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| (225 ILCS 95/4) (from Ch. 111, par. 4604)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 4. In this Act:
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| 1. "Department" means the Department of Financial and
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| Professional Regulation.
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| 2. "Secretary" means the Secretary
of Financial and | 6 |
| Professional Regulation.
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| 3. "Physician assistant" means any person not a physician | 8 |
| who has been
certified as a physician assistant by the National | 9 |
| Commission on the
Certification of Physician Assistants or | 10 |
| equivalent successor agency and
performs procedures under the | 11 |
| supervision of a physician as defined in this
Act. A physician | 12 |
| assistant may perform such procedures within the
specialty of | 13 |
| the supervising physician, except that such physician shall
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| exercise such direction, supervision and control over such | 15 |
| physician
assistants as will assure that patients shall receive | 16 |
| quality medical
care. Physician assistants shall be capable of | 17 |
| performing a variety of tasks
within the specialty of medical | 18 |
| care under the supervision of a physician.
Supervision of the | 19 |
| physician assistant shall not be construed to
necessarily | 20 |
| require the personal presence of the supervising physician at
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| all times at the place where services are rendered, as long as | 22 |
| there is
communication available for consultation by radio, | 23 |
| telephone or
telecommunications within established guidelines | 24 |
| as determined by the
physician/physician assistant team. The | 25 |
| supervising physician may delegate
tasks and duties to the | 26 |
| physician assistant. Delegated tasks or duties
shall be |
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| consistent with physician assistant education, training, and
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| experience. The delegated tasks or duties shall be specific to | 3 |
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practice setting and shall be implemented and reviewed | 4 |
| under a written supervision agreement guidelines
established | 5 |
| by the physician or physician/physician assistant team. A
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| physician assistant, acting as an agent of the physician, shall | 7 |
| be
permitted to transmit the supervising physician's orders as | 8 |
| determined by
the institution's by-laws, policies, procedures, | 9 |
| or job description within
which the physician/physician | 10 |
| assistant team practices. Physician
assistants shall practice | 11 |
| only in accordance with a written supervision agreement within | 12 |
| the established guidelines .
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| 4. "Board" means the Medical Licensing Board
constituted | 14 |
| under the Medical Practice Act of 1987.
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| 5. "Disciplinary Board" means the Medical Disciplinary | 16 |
| Board constituted
under the Medical Practice Act of 1987.
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| 6. "Physician" means, for purposes of this Act, a person | 18 |
| licensed to
practice medicine in all its branches under the | 19 |
| Medical Practice Act of 1987.
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| 7. "Supervising Physician" means, for the purposes of this | 21 |
| Act, the
primary supervising physician of a physician | 22 |
| assistant, who, within his
specialty and expertise may delegate | 23 |
| a variety of tasks and procedures to
the physician assistant. | 24 |
| Such tasks and procedures shall be delegated
in accordance with | 25 |
| a written supervision agreement within established guidelines . | 26 |
| The supervising physician maintains the
final responsibility |
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| for the care of the patient and the performance of the
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| physician assistant.
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| 8. "Alternate supervising physician" means, for the | 4 |
| purpose of this Act,
any physician designated by the | 5 |
| supervising physician to provide
supervision in the event that | 6 |
| he or she is unable to provide that supervision. The Department | 7 |
| may further define "alternate supervising physician" by rule.
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| The alternate supervising physicians shall maintain all | 9 |
| the same
responsibilities as the supervising physician. | 10 |
| Nothing in this Act shall
be construed as relieving any | 11 |
| physician of the professional or legal
responsibility for the | 12 |
| care and treatment of persons attended by him or by
physician | 13 |
| assistants under his supervision. Nothing in this Act shall be
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| construed as to limit the reasonable number of alternate | 15 |
| supervising
physicians, provided they are designated by the | 16 |
| supervising physician. | 17 |
| 9. "Address of record" means the designated address | 18 |
| recorded by the Department in the applicant's or licensee's | 19 |
| application file or license file maintained by the Department's | 20 |
| licensure maintenance unit. It is the duty of the applicant or | 21 |
| licensee to inform the Department of any change of address, and | 22 |
| such changes must be made either through the Department's | 23 |
| website or by contacting the Department's licensure | 24 |
| maintenance unit.
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| (Source: P.A. 95-703, eff. 12-31-07.)
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| (225 ILCS 95/7.5)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 7.5. Prescriptions ; written supervision agreements; | 4 |
| prescriptive authority . | 5 |
| (a) A written supervision agreement is required for all | 6 |
| physician assistants to practice in the State. | 7 |
| (1) A written supervision agreement shall describe the | 8 |
| working relationship of the physician assistant with the | 9 |
| supervising physician and shall authorize the categories | 10 |
| of care, treatment, or procedures to be performed by the | 11 |
| physician assistant.
The written supervision agreement | 12 |
| shall be defined to promote the exercise of professional | 13 |
| judgment by the physician assistant commensurate with his | 14 |
| or her education and experience. The services to be | 15 |
| provided by the physician assistant shall be services that | 16 |
| the supervising physician is authorized to and generally | 17 |
| provides to his or her patients in the normal course of his | 18 |
| or her clinical medical practice. The written supervision | 19 |
| agreement need not describe the exact steps that a | 20 |
| physician assistant must take with respect to each specific | 21 |
| condition, disease, or symptom but must specify which | 22 |
| authorized procedures require the presence of the | 23 |
| supervising physician as the procedures are being | 24 |
| performed. The supervision relationship under a written | 25 |
| supervision agreement shall not be construed to require the | 26 |
| personal presence of a physician at all times at the place |
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| where services are rendered. Methods of communication | 2 |
| shall be available for consultation with the supervising | 3 |
| physician in person or by telecommunications in accordance | 4 |
| with established written guidelines as set forth in the | 5 |
| written supervision agreement. | 6 |
| (2) The written supervision agreement shall be | 7 |
| adequate if a physician does each of the following: | 8 |
| (A) Participates in the joint formulation and | 9 |
| joint approval of orders or guidelines with the | 10 |
| physician assistant and he or she periodically reviews | 11 |
| such orders and the services provided patients under | 12 |
| such orders in accordance with accepted standards of | 13 |
| medical practice and physician assistant practice. | 14 |
| (B) Meets in person with the physician assistant at | 15 |
| least once a month to provide supervision. | 16 |
| (3) A copy of the signed, written supervision agreement | 17 |
| must be available to the Department upon request from both | 18 |
| the physician assistant and the supervising physician. | 19 |
| (4) A physician assistant shall inform each | 20 |
| supervising physician of all written supervision | 21 |
| agreements he or she has signed and provide a copy of these | 22 |
| to any supervising physician upon request. | 23 |
| (b) A supervising physician may, but is not required to, | 24 |
| delegate prescriptive authority to a physician assistant as | 25 |
| part of a written supervision agreement. This authority may, | 26 |
| but is not required to, include prescription of, selection of, |
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| orders for, administration of, storage of, acceptance of | 2 |
| samples of, and dispensing over the counter medications, legend | 3 |
| drugs, medical gases, and controlled substances categorized as | 4 |
| Schedule III through V controlled substances, as defined in | 5 |
| Article II of the Illinois Controlled Substances Act, and other | 6 |
| preparations, including, but not limited to, botanical and | 7 |
| herbal remedies. The supervising physician must have a valid, | 8 |
| current Illinois controlled substance license and federal | 9 |
| registration with the Drug Enforcement Agency to delegate the | 10 |
| authority to prescribe controlled substances. A supervising | 11 |
| physician may delegate
limited prescriptive authority to a | 12 |
| physician assistant.
This authority may, but is not required | 13 |
| to, include prescription and
dispensing of legend
drugs and | 14 |
| legend controlled substances categorized as Schedule III, IV, | 15 |
| or V
controlled substances, as defined in Article II of the | 16 |
| Illinois Controlled
Substances Act, as delegated in the written | 17 |
| guidelines required by this
Act. | 18 |
| (1) To prescribe Schedule III, IV, or V controlled | 19 |
| substances under this
Section, a physician assistant must | 20 |
| obtain a mid-level practitioner
controlled substances | 21 |
| license. Medication orders issued by a
physician
assistant | 22 |
| shall be reviewed
periodically by the supervising | 23 |
| physician. | 24 |
| (2) The supervising physician shall file
with the | 25 |
| Department notice of delegation of prescriptive authority | 26 |
| to a
physician assistant and
termination of delegation, |
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| specifying the authority delegated or terminated.
Upon | 2 |
| receipt of this notice delegating authority to prescribe | 3 |
| Schedule III,
IV, or V controlled substances, the physician | 4 |
| assistant shall be eligible to
register for a mid-level | 5 |
| practitioner controlled substances license under
Section | 6 |
| 303.05 of the Illinois Controlled Substances Act.
Nothing | 7 |
| in this Act shall be construed to limit the delegation of | 8 |
| tasks or
duties by the supervising physician to a nurse or | 9 |
| other appropriately trained
personnel.
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| (3) In addition to the requirements of subsection (b) | 11 |
| of this Section, a supervising physician may, but is not | 12 |
| required to, delegate authority to a physician assistant to | 13 |
| prescribe Schedule II controlled substances, if all of the | 14 |
| following conditions apply: | 15 |
| (A) No more than 5 Schedule II controlled | 16 |
| substances by oral dosage may be delegated. | 17 |
| (B) Any delegation must be controlled substances | 18 |
| that the supervising physician prescribes. | 19 |
| (C) Any prescription must be limited to no more | 20 |
| than a 30-day oral dosage, with any continuation | 21 |
| authorized only after prior approval of the | 22 |
| supervising physician. | 23 |
| (c) Nothing in this Act shall be construed to limit the | 24 |
| delegation of tasks or duties by a physician to a licensed | 25 |
| practical nurse, a registered professional nurse, or other | 26 |
| persons. The Department shall establish by rule the minimum |
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| requirements for
written guidelines to be followed under this | 2 |
| Section.
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| (Source: P.A. 90-116, eff. 7-14-97; 90-818, eff. 3-23-99 .)
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| (225 ILCS 95/21) (from Ch. 111, par. 4621)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 21. Grounds for disciplinary action.
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| (a) The Department may refuse to issue or to renew, or may
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| revoke, suspend, place on probation, censure or reprimand, or | 9 |
| take other
disciplinary or non-disciplinary action with regard | 10 |
| to any license issued under this Act as the
Department may deem | 11 |
| proper, including the issuance of fines not to exceed
$10,000
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| for each violation, for any one or combination of the following | 13 |
| causes:
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| (1) Material misstatement in furnishing information to | 15 |
| the Department.
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| (2) Violations of this Act, or the rules adopted under | 17 |
| this Act.
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| (3) Conviction of or entry of a plea of guilty or nolo | 19 |
| contendere to any crime that is a felony under the laws of | 20 |
| the United States or any state or territory thereof
or that | 21 |
| is a misdemeanor
of which an essential element is
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| dishonesty or
that
is directly related to the practice of | 23 |
| the
profession.
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| (4) Making any misrepresentation for the purpose of | 25 |
| obtaining licenses.
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| (5) Professional incompetence.
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| (6) Aiding or assisting another person in violating any | 3 |
| provision of this
Act or its rules.
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| (7) Failing, within 60 days, to provide information in | 5 |
| response to a
written request made by the Department.
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| (8) Engaging in dishonorable, unethical, or | 7 |
| unprofessional conduct, as
defined by rule, of a character | 8 |
| likely to deceive, defraud, or harm the public.
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| (9) Habitual or excessive use or addiction to alcohol, | 10 |
| narcotics,
stimulants, or any other chemical agent or drug | 11 |
| that results in a physician
assistant's inability to | 12 |
| practice with reasonable judgment, skill, or safety.
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| (10) Discipline by another U.S. jurisdiction or | 14 |
| foreign nation, if at
least one of the grounds for | 15 |
| discipline is the same or substantially equivalent
to those | 16 |
| set forth in this Section.
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| (11) Directly or indirectly giving to or receiving from | 18 |
| any person, firm,
corporation, partnership, or association | 19 |
| any fee, commission, rebate or
other form of compensation | 20 |
| for any professional services not actually or
personally | 21 |
| rendered.
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| (12) A finding by the Disciplinary Board that the | 23 |
| licensee, after having
his or her license placed on | 24 |
| probationary status has violated the terms of
probation.
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| (13) Abandonment of a patient.
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| (14) Willfully making or filing false records or |
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| reports in his or her
practice, including but not limited | 2 |
| to false records filed with state agencies
or departments.
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| (15) Willfully failing to report an instance of | 4 |
| suspected child abuse or
neglect as required by the Abused | 5 |
| and Neglected Child Reporting Act.
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| (16) Physical illness, or mental illness or impairment
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| that results in the inability to practice the profession | 8 |
| with
reasonable judgment, skill, or safety, including, but | 9 |
| not limited to, deterioration through the aging process or | 10 |
| loss of motor skill.
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| (17) Being named as a perpetrator in an indicated | 12 |
| report by the
Department of Children and Family Services | 13 |
| under the Abused and
Neglected Child Reporting Act, and | 14 |
| upon proof by clear and convincing evidence
that the | 15 |
| licensee has caused a child to be an abused child or | 16 |
| neglected child
as defined in the Abused and Neglected | 17 |
| Child Reporting Act.
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| (18) (Blank).
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| (19) Gross negligence
resulting in permanent injury or | 20 |
| death
of a patient.
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| (20) Employment of fraud, deception or any unlawful | 22 |
| means in applying for
or securing a license as a physician | 23 |
| assistant.
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| (21) Exceeding the authority delegated to him or her by | 25 |
| his or her
supervising physician in a written supervision | 26 |
| agreement guidelines established by the |
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| physician/physician
assistant
team .
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| (22) Immoral conduct in the commission of any act, such | 3 |
| as sexual abuse,
sexual misconduct or sexual exploitation | 4 |
| related to the licensee's practice.
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| (23) Violation of the Health Care Worker Self-Referral | 6 |
| Act.
| 7 |
| (24) Practicing under a false or assumed name, except | 8 |
| as provided by law.
| 9 |
| (25) Making a false or misleading statement regarding | 10 |
| his or her skill or
the efficacy or value of the medicine, | 11 |
| treatment, or remedy prescribed by him
or her in the course | 12 |
| of treatment.
| 13 |
| (26) Allowing another person to use his or her license | 14 |
| to practice.
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| (27) Prescribing, selling, administering, | 16 |
| distributing, giving, or
self-administering a drug | 17 |
| classified as a controlled substance (designated
product) | 18 |
| or narcotic for other than medically-accepted therapeutic | 19 |
| purposes.
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| (28) Promotion of the sale of drugs, devices, | 21 |
| appliances, or goods
provided for a patient in a manner to | 22 |
| exploit the patient for financial gain.
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| (29) A pattern of practice or other behavior that | 24 |
| demonstrates incapacity
or incompetence to practice under | 25 |
| this Act.
| 26 |
| (30) Violating State or federal laws or regulations |
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| relating to controlled
substances or other legend drugs.
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| (31) Exceeding the limited prescriptive authority | 3 |
| delegated by the
supervising physician or violating the | 4 |
| written supervision agreement guidelines delegating that
| 5 |
| authority.
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| (32) Practicing without providing to the Department a | 7 |
| notice of
supervision or delegation of
prescriptive | 8 |
| authority.
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| (b) The Department may, without a hearing, refuse to issue | 10 |
| or renew or may suspend the license of any
person who fails to | 11 |
| file a return, or to pay the tax, penalty or interest
shown in | 12 |
| a filed return, or to pay any final assessment of the tax,
| 13 |
| penalty, or interest as required by any tax Act administered by | 14 |
| the
Illinois Department of Revenue, until such time as the | 15 |
| requirements of any
such tax Act are satisfied.
| 16 |
| (c) The determination by a circuit court that a licensee is | 17 |
| subject to
involuntary admission or judicial admission as | 18 |
| provided in the Mental Health
and Developmental Disabilities | 19 |
| Code operates as an automatic suspension.
The
suspension will | 20 |
| end only upon a finding by a court that the patient is no
| 21 |
| longer subject to involuntary admission or judicial admission | 22 |
| and issues an
order so finding and discharging the patient, and | 23 |
| upon the
recommendation of
the Disciplinary Board to the | 24 |
| Secretary
that the licensee be allowed to resume
his or her | 25 |
| practice.
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| (d) In enforcing this Section, the Department upon a |
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| showing of a
possible
violation may compel an individual | 2 |
| licensed to practice under this Act, or
who has applied for | 3 |
| licensure under this Act, to submit
to a mental or physical | 4 |
| examination, or both, as required by and at the expense
of the | 5 |
| Department. The Department may order the examining physician to
| 6 |
| present
testimony concerning the mental or physical | 7 |
| examination of the licensee or
applicant. No information shall | 8 |
| be excluded by reason of any common law or
statutory privilege | 9 |
| relating to communications between the licensee or
applicant | 10 |
| and the examining physician. The examining
physicians
shall be | 11 |
| specifically designated by the Department.
The individual to be | 12 |
| examined may have, at his or her own expense, another
physician | 13 |
| of his or her choice present during all
aspects of this | 14 |
| examination. Failure of an individual to submit to a mental
or
| 15 |
| physical examination, when directed, shall be grounds for | 16 |
| suspension of his or
her
license until the individual submits | 17 |
| to the examination if the Department
finds,
after notice and | 18 |
| hearing, that the refusal to submit to the examination was
| 19 |
| without reasonable cause.
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| If the Department finds an individual unable to practice | 21 |
| because of
the
reasons
set forth in this Section, the | 22 |
| Department may require that individual
to submit
to
care, | 23 |
| counseling, or treatment by physicians approved
or designated | 24 |
| by the Department, as a condition, term, or restriction
for | 25 |
| continued,
reinstated, or
renewed licensure to practice; or, in | 26 |
| lieu of care, counseling, or treatment,
the Department may file
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| a complaint to immediately
suspend, revoke, or otherwise | 2 |
| discipline the license of the individual.
An individual whose
| 3 |
| license was granted, continued, reinstated, renewed, | 4 |
| disciplined, or supervised
subject to such terms, conditions, | 5 |
| or restrictions, and who fails to comply
with
such terms, | 6 |
| conditions, or restrictions, shall be referred to the Secretary
| 7 |
| for
a
determination as to whether the individual shall have his | 8 |
| or her license
suspended immediately, pending a hearing by the | 9 |
| Department.
| 10 |
| In instances in which the Secretary
immediately suspends a | 11 |
| person's license
under this Section, a hearing on that person's | 12 |
| license must be convened by
the Department within 30
days after | 13 |
| the suspension and completed without
appreciable
delay.
The | 14 |
| Department shall have the authority to review the subject
| 15 |
| individual's record of
treatment and counseling regarding the | 16 |
| impairment to the extent permitted by
applicable federal | 17 |
| statutes and regulations safeguarding the confidentiality of
| 18 |
| medical records.
| 19 |
| An individual licensed under this Act and affected under | 20 |
| this Section shall
be
afforded an opportunity to demonstrate to | 21 |
| the Department that he or
she can resume
practice in compliance | 22 |
| with acceptable and prevailing standards under the
provisions | 23 |
| of his or her license.
| 24 |
| (Source: P.A. 95-703, eff. 12-31-07.)
| 25 |
| Section 15. The Illinois Controlled Substances Act is |
|
|
|
HB2247 Enrolled |
- 18 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| amended by changing Sections 102 and 303.05 as follows: | 2 |
| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 3 |
| Sec. 102. Definitions. As used in this Act, unless the | 4 |
| context
otherwise requires:
| 5 |
| (a) "Addict" means any person who habitually uses any drug, | 6 |
| chemical,
substance or dangerous drug other than alcohol so as | 7 |
| to endanger the public
morals, health, safety or welfare or who | 8 |
| is so far addicted to the use of a
dangerous drug or controlled | 9 |
| substance other than alcohol as to have lost
the power of self | 10 |
| control with reference to his addiction.
| 11 |
| (b) "Administer" means the direct application of a | 12 |
| controlled
substance, whether by injection, inhalation, | 13 |
| ingestion, or any other
means, to the body of a patient, | 14 |
| research subject, or animal (as
defined by the Humane | 15 |
| Euthanasia in Animal Shelters Act) by:
| 16 |
| (1) a practitioner (or, in his presence, by his | 17 |
| authorized agent),
| 18 |
| (2) the patient or research subject at the lawful | 19 |
| direction of the
practitioner, or
| 20 |
| (3) a euthanasia technician as defined by the Humane | 21 |
| Euthanasia in
Animal Shelters Act.
| 22 |
| (c) "Agent" means an authorized person who acts on behalf | 23 |
| of or at
the direction of a manufacturer, distributor, or | 24 |
| dispenser. It does not
include a common or contract carrier, | 25 |
| public warehouseman or employee of
the carrier or warehouseman.
|
|
|
|
HB2247 Enrolled |
- 19 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| (c-1) "Anabolic Steroids" means any drug or hormonal | 2 |
| substance,
chemically and pharmacologically related to | 3 |
| testosterone (other than
estrogens, progestins, and | 4 |
| corticosteroids) that promotes muscle growth,
and includes:
| 5 |
| (i) boldenone,
| 6 |
| (ii) chlorotestosterone,
| 7 |
| (iii) chostebol,
| 8 |
| (iv) dehydrochlormethyltestosterone,
| 9 |
| (v) dihydrotestosterone,
| 10 |
| (vi) drostanolone,
| 11 |
| (vii) ethylestrenol,
| 12 |
| (viii) fluoxymesterone,
| 13 |
| (ix) formebulone,
| 14 |
| (x) mesterolone,
| 15 |
| (xi) methandienone,
| 16 |
| (xii) methandranone,
| 17 |
| (xiii) methandriol,
| 18 |
| (xiv) methandrostenolone,
| 19 |
| (xv) methenolone,
| 20 |
| (xvi) methyltestosterone,
| 21 |
| (xvii) mibolerone,
| 22 |
| (xviii) nandrolone,
| 23 |
| (xix) norethandrolone,
| 24 |
| (xx) oxandrolone,
| 25 |
| (xxi) oxymesterone,
| 26 |
| (xxii) oxymetholone,
|
|
|
|
HB2247 Enrolled |
- 20 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| (xxiii) stanolone,
| 2 |
| (xxiv) stanozolol,
| 3 |
| (xxv) testolactone,
| 4 |
| (xxvi) testosterone,
| 5 |
| (xxvii) trenbolone, and
| 6 |
| (xxviii) any salt, ester, or isomer of a drug or | 7 |
| substance described
or listed in this paragraph, if | 8 |
| that salt, ester, or isomer promotes muscle
growth.
| 9 |
| Any person who is otherwise lawfully in possession of an | 10 |
| anabolic
steroid, or who otherwise lawfully manufactures, | 11 |
| distributes, dispenses,
delivers, or possesses with intent to | 12 |
| deliver an anabolic steroid, which
anabolic steroid is | 13 |
| expressly intended for and lawfully allowed to be
administered | 14 |
| through implants to livestock or other nonhuman species, and
| 15 |
| which is approved by the Secretary of Health and Human Services | 16 |
| for such
administration, and which the person intends to | 17 |
| administer or have
administered through such implants, shall | 18 |
| not be considered to be in
unauthorized possession or to | 19 |
| unlawfully manufacture, distribute, dispense,
deliver, or | 20 |
| possess with intent to deliver such anabolic steroid for
| 21 |
| purposes of this Act.
| 22 |
| (d) "Administration" means the Drug Enforcement | 23 |
| Administration,
United States Department of Justice, or its | 24 |
| successor agency.
| 25 |
| (e) "Control" means to add a drug or other substance, or | 26 |
| immediate
precursor, to a Schedule under Article II of this Act |
|
|
|
HB2247 Enrolled |
- 21 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| whether by
transfer from another Schedule or otherwise.
| 2 |
| (f) "Controlled Substance" means a drug, substance, or | 3 |
| immediate
precursor in the Schedules of Article II of this Act.
| 4 |
| (g) "Counterfeit substance" means a controlled substance, | 5 |
| which, or
the container or labeling of which, without | 6 |
| authorization bears the
trademark, trade name, or other | 7 |
| identifying mark, imprint, number or
device, or any likeness | 8 |
| thereof, of a manufacturer, distributor, or
dispenser other | 9 |
| than the person who in fact manufactured, distributed,
or | 10 |
| dispensed the substance.
| 11 |
| (h) "Deliver" or "delivery" means the actual, constructive | 12 |
| or
attempted transfer of possession of a controlled substance, | 13 |
| with or
without consideration, whether or not there is an | 14 |
| agency relationship.
| 15 |
| (i) "Department" means the Illinois Department of Human | 16 |
| Services (as
successor to the Department of Alcoholism and | 17 |
| Substance Abuse) or its successor agency.
| 18 |
| (j) "Department of State Police" means the Department of | 19 |
| State
Police of the State of Illinois or its successor agency.
| 20 |
| (k) "Department of Corrections" means the Department of | 21 |
| Corrections
of the State of Illinois or its successor agency.
| 22 |
| (l) "Department of Professional Regulation" means the | 23 |
| Department
of Professional Regulation of the State of Illinois | 24 |
| or its successor agency.
| 25 |
| (m) "Depressant" or "stimulant substance" means:
| 26 |
| (1) a drug which contains any quantity of (i) |
|
|
|
HB2247 Enrolled |
- 22 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| barbituric acid or
any of the salts of barbituric acid | 2 |
| which has been designated as habit
forming under section | 3 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | 4 |
| U.S.C. 352 (d)); or
| 5 |
| (2) a drug which contains any quantity of (i) | 6 |
| amphetamine or
methamphetamine and any of their optical | 7 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or | 8 |
| any salt of an optical isomer of
amphetamine; or (iii) any | 9 |
| substance which the Department, after
investigation, has | 10 |
| found to be, and by rule designated as, habit forming
| 11 |
| because of its depressant or stimulant effect on the | 12 |
| central nervous
system; or
| 13 |
| (3) lysergic acid diethylamide; or
| 14 |
| (4) any drug which contains any quantity of a substance | 15 |
| which the
Department, after investigation, has found to | 16 |
| have, and by rule
designated as having, a potential for | 17 |
| abuse because of its depressant or
stimulant effect on the | 18 |
| central nervous system or its hallucinogenic
effect.
| 19 |
| (n) (Blank).
| 20 |
| (o) "Director" means the Director of the Department of | 21 |
| State Police or
the Department of Professional Regulation or | 22 |
| his designated agents.
| 23 |
| (p) "Dispense" means to deliver a controlled substance to | 24 |
| an
ultimate user or research subject by or pursuant to the | 25 |
| lawful order of
a prescriber, including the prescribing, | 26 |
| administering, packaging,
labeling, or compounding necessary |
|
|
|
HB2247 Enrolled |
- 23 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| to prepare the substance for that
delivery.
| 2 |
| (q) "Dispenser" means a practitioner who dispenses.
| 3 |
| (r) "Distribute" means to deliver, other than by | 4 |
| administering or
dispensing, a controlled substance.
| 5 |
| (s) "Distributor" means a person who distributes.
| 6 |
| (t) "Drug" means (1) substances recognized as drugs in the | 7 |
| official
United States Pharmacopoeia, Official Homeopathic | 8 |
| Pharmacopoeia of the
United States, or official National | 9 |
| Formulary, or any supplement to any
of them; (2) substances | 10 |
| intended for use in diagnosis, cure, mitigation,
treatment, or | 11 |
| prevention of disease in man or animals; (3) substances
(other | 12 |
| than food) intended to affect the structure of any function of
| 13 |
| the body of man or animals and (4) substances intended for use | 14 |
| as a
component of any article specified in clause (1), (2), or | 15 |
| (3) of this
subsection. It does not include devices or their | 16 |
| components, parts, or
accessories.
| 17 |
| (t-5) "Euthanasia agency" means
an entity certified by the | 18 |
| Department of Professional Regulation for the
purpose of animal | 19 |
| euthanasia that holds an animal control facility license or
| 20 |
| animal
shelter license under the Animal Welfare Act. A | 21 |
| euthanasia agency is
authorized to purchase, store, possess, | 22 |
| and utilize Schedule II nonnarcotic and
Schedule III | 23 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
| 24 |
| (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 25 |
| substances
(nonnarcotic controlled substances) that are used | 26 |
| by a euthanasia agency for
the purpose of animal euthanasia.
|
|
|
|
HB2247 Enrolled |
- 24 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| (u) "Good faith" means the prescribing or dispensing of a | 2 |
| controlled
substance by a practitioner in the regular course of | 3 |
| professional
treatment to or for any person who is under his | 4 |
| treatment for a
pathology or condition other than that | 5 |
| individual's physical or
psychological dependence upon or | 6 |
| addiction to a controlled substance,
except as provided herein: | 7 |
| and application of the term to a pharmacist
shall mean the | 8 |
| dispensing of a controlled substance pursuant to the
| 9 |
| prescriber's order which in the professional judgment of the | 10 |
| pharmacist
is lawful. The pharmacist shall be guided by | 11 |
| accepted professional
standards including, but not limited to | 12 |
| the following, in making the
judgment:
| 13 |
| (1) lack of consistency of doctor-patient | 14 |
| relationship,
| 15 |
| (2) frequency of prescriptions for same drug by one | 16 |
| prescriber for
large numbers of patients,
| 17 |
| (3) quantities beyond those normally prescribed,
| 18 |
| (4) unusual dosages,
| 19 |
| (5) unusual geographic distances between patient, | 20 |
| pharmacist and
prescriber,
| 21 |
| (6) consistent prescribing of habit-forming drugs.
| 22 |
| (u-1) "Home infusion services" means services provided by a | 23 |
| pharmacy in
compounding solutions for direct administration to | 24 |
| a patient in a private
residence, long-term care facility, or | 25 |
| hospice setting by means of parenteral,
intravenous, | 26 |
| intramuscular, subcutaneous, or intraspinal infusion.
|
|
|
|
HB2247 Enrolled |
- 25 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| (v) "Immediate precursor" means a substance:
| 2 |
| (1) which the Department has found to be and by rule | 3 |
| designated as
being a principal compound used, or produced | 4 |
| primarily for use, in the
manufacture of a controlled | 5 |
| substance;
| 6 |
| (2) which is an immediate chemical intermediary used or | 7 |
| likely to
be used in the manufacture of such controlled | 8 |
| substance; and
| 9 |
| (3) the control of which is necessary to prevent, | 10 |
| curtail or limit
the manufacture of such controlled | 11 |
| substance.
| 12 |
| (w) "Instructional activities" means the acts of teaching, | 13 |
| educating
or instructing by practitioners using controlled | 14 |
| substances within
educational facilities approved by the State | 15 |
| Board of Education or
its successor agency.
| 16 |
| (x) "Local authorities" means a duly organized State, | 17 |
| County or
Municipal peace unit or police force.
| 18 |
| (y) "Look-alike substance" means a substance, other than a | 19 |
| controlled
substance which (1) by overall dosage unit | 20 |
| appearance, including shape,
color, size, markings or lack | 21 |
| thereof, taste, consistency, or any other
identifying physical | 22 |
| characteristic of the substance, would lead a reasonable
person | 23 |
| to believe that the substance is a controlled substance, or (2) | 24 |
| is
expressly or impliedly represented to be a controlled | 25 |
| substance or is
distributed under circumstances which would | 26 |
| lead a reasonable person to
believe that the substance is a |
|
|
|
HB2247 Enrolled |
- 26 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| controlled substance. For the purpose of
determining whether | 2 |
| the representations made or the circumstances of the
| 3 |
| distribution would lead a reasonable person to believe the | 4 |
| substance to be
a controlled substance under this clause (2) of | 5 |
| subsection (y), the court or
other authority may consider the | 6 |
| following factors in addition to any other
factor that may be | 7 |
| relevant:
| 8 |
| (a) statements made by the owner or person in control | 9 |
| of the substance
concerning its nature, use or effect;
| 10 |
| (b) statements made to the buyer or recipient that the | 11 |
| substance may
be resold for profit;
| 12 |
| (c) whether the substance is packaged in a manner | 13 |
| normally used for the
illegal distribution of controlled | 14 |
| substances;
| 15 |
| (d) whether the distribution or attempted distribution | 16 |
| included an
exchange of or demand for money or other | 17 |
| property as consideration, and
whether the amount of the | 18 |
| consideration was substantially greater than the
| 19 |
| reasonable retail market value of the substance.
| 20 |
| Clause (1) of this subsection (y) shall not apply to a | 21 |
| noncontrolled
substance in its finished dosage form that was | 22 |
| initially introduced into
commerce prior to the initial | 23 |
| introduction into commerce of a controlled
substance in its | 24 |
| finished dosage form which it may substantially resemble.
| 25 |
| Nothing in this subsection (y) prohibits the dispensing or | 26 |
| distributing
of noncontrolled substances by persons authorized |
|
|
|
HB2247 Enrolled |
- 27 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| to dispense and
distribute controlled substances under this | 2 |
| Act, provided that such action
would be deemed to be carried | 3 |
| out in good faith under subsection (u) if the
substances | 4 |
| involved were controlled substances.
| 5 |
| Nothing in this subsection (y) or in this Act prohibits the | 6 |
| manufacture,
preparation, propagation, compounding, | 7 |
| processing, packaging, advertising
or distribution of a drug or | 8 |
| drugs by any person registered pursuant to
Section 510 of the | 9 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 10 |
| (y-1) "Mail-order pharmacy" means a pharmacy that is | 11 |
| located in a state
of the United States, other than Illinois, | 12 |
| that delivers, dispenses or
distributes, through the United | 13 |
| States Postal Service or other common
carrier, to Illinois | 14 |
| residents, any substance which requires a prescription.
| 15 |
| (z) "Manufacture" means the production, preparation, | 16 |
| propagation,
compounding, conversion or processing of a | 17 |
| controlled substance other than methamphetamine, either
| 18 |
| directly or indirectly, by extraction from substances of | 19 |
| natural origin,
or independently by means of chemical | 20 |
| synthesis, or by a combination of
extraction and chemical | 21 |
| synthesis, and includes any packaging or
repackaging of the | 22 |
| substance or labeling of its container, except that
this term | 23 |
| does not include:
| 24 |
| (1) by an ultimate user, the preparation or compounding | 25 |
| of a
controlled substance for his own use; or
| 26 |
| (2) by a practitioner, or his authorized agent under |
|
|
|
HB2247 Enrolled |
- 28 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| his
supervision, the preparation, compounding, packaging, | 2 |
| or labeling of a
controlled substance:
| 3 |
| (a) as an incident to his administering or | 4 |
| dispensing of a
controlled substance in the course of | 5 |
| his professional practice; or
| 6 |
| (b) as an incident to lawful research, teaching or | 7 |
| chemical
analysis and not for sale.
| 8 |
| (z-1) (Blank).
| 9 |
| (aa) "Narcotic drug" means any of the following, whether | 10 |
| produced
directly or indirectly by extraction from substances | 11 |
| of natural origin,
or independently by means of chemical | 12 |
| synthesis, or by a combination of
extraction and chemical | 13 |
| synthesis:
| 14 |
| (1) opium and opiate, and any salt, compound, | 15 |
| derivative, or
preparation of opium or opiate;
| 16 |
| (2) any salt, compound, isomer, derivative, or | 17 |
| preparation thereof
which is chemically equivalent or | 18 |
| identical with any of the substances
referred to in clause | 19 |
| (1), but not including the isoquinoline alkaloids
of opium;
| 20 |
| (3) opium poppy and poppy straw;
| 21 |
| (4) coca leaves and any salts, compound, isomer, salt | 22 |
| of an isomer,
derivative, or preparation of coca leaves | 23 |
| including cocaine or ecgonine,
and any salt, compound, | 24 |
| isomer, derivative, or preparation thereof which is
| 25 |
| chemically equivalent or identical with any of these | 26 |
| substances, but not
including decocainized coca leaves or |
|
|
|
HB2247 Enrolled |
- 29 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| extractions of coca leaves which do
not contain cocaine or | 2 |
| ecgonine (for the purpose of this paragraph, the
term | 3 |
| "isomer" includes optical, positional and geometric | 4 |
| isomers).
| 5 |
| (bb) "Nurse" means a registered nurse licensed under the
| 6 |
| Nurse Practice Act.
| 7 |
| (cc) (Blank).
| 8 |
| (dd) "Opiate" means any substance having an addiction | 9 |
| forming or
addiction sustaining liability similar to morphine | 10 |
| or being capable of
conversion into a drug having addiction | 11 |
| forming or addiction sustaining
liability.
| 12 |
| (ee) "Opium poppy" means the plant of the species Papaver
| 13 |
| somniferum L., except its seeds.
| 14 |
| (ff) "Parole and Pardon Board" means the Parole and Pardon | 15 |
| Board of
the State of Illinois or its successor agency.
| 16 |
| (gg) "Person" means any individual, corporation, | 17 |
| mail-order pharmacy,
government or governmental subdivision or | 18 |
| agency, business trust, estate,
trust, partnership or | 19 |
| association, or any other entity.
| 20 |
| (hh) "Pharmacist" means any person who holds a license or | 21 |
| certificate of
registration as a registered pharmacist, a local | 22 |
| registered pharmacist
or a registered assistant pharmacist | 23 |
| under the Pharmacy Practice Act.
| 24 |
| (ii) "Pharmacy" means any store, ship or other place in | 25 |
| which
pharmacy is authorized to be practiced under the Pharmacy | 26 |
| Practice Act.
|
|
|
|
HB2247 Enrolled |
- 30 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| (jj) "Poppy straw" means all parts, except the seeds, of | 2 |
| the opium
poppy, after mowing.
| 3 |
| (kk) "Practitioner" means a physician licensed to practice | 4 |
| medicine in all
its branches, dentist, optometrist, | 5 |
| podiatrist,
veterinarian, scientific investigator, pharmacist, | 6 |
| physician assistant,
advanced practice nurse,
licensed | 7 |
| practical
nurse, registered nurse, hospital, laboratory, or | 8 |
| pharmacy, or other
person licensed, registered, or otherwise | 9 |
| lawfully permitted by the
United States or this State to | 10 |
| distribute, dispense, conduct research
with respect to, | 11 |
| administer or use in teaching or chemical analysis, a
| 12 |
| controlled substance in the course of professional practice or | 13 |
| research.
| 14 |
| (ll) "Pre-printed prescription" means a written | 15 |
| prescription upon which
the designated drug has been indicated | 16 |
| prior to the time of issuance.
| 17 |
| (mm) "Prescriber" means a physician licensed to practice | 18 |
| medicine in all
its branches, dentist, optometrist, podiatrist | 19 |
| or
veterinarian who issues a prescription, a physician | 20 |
| assistant who
issues a
prescription for a Schedule III, IV, or | 21 |
| V controlled substance
in accordance
with Section 303.05 , a | 22 |
| written delegation, and a the written supervision agreement | 23 |
| guidelines required under Section 7.5
of the
Physician | 24 |
| Assistant Practice Act of 1987, or an advanced practice
nurse | 25 |
| with prescriptive authority delegated under Section 65-40 of | 26 |
| the Nurse Practice Act and in accordance with Section 303.05 , a |
|
|
|
HB2247 Enrolled |
- 31 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| written delegation,
and a written
collaborative agreement | 2 |
| under Section 65-35 of the Nurse Practice Act.
| 3 |
| (nn) "Prescription" means a lawful written, facsimile, or | 4 |
| verbal order
of
a physician licensed to practice medicine in | 5 |
| all its branches,
dentist, podiatrist or veterinarian for any | 6 |
| controlled
substance, of an optometrist for a Schedule III, IV, | 7 |
| or V controlled substance in accordance with Section 15.1 of | 8 |
| the Illinois Optometric Practice Act of 1987, of a physician | 9 |
| assistant for a Schedule III, IV, or V
controlled substance
in | 10 |
| accordance with Section 303.05 , a written delegation, and a the | 11 |
| written supervision agreement guidelines required under
| 12 |
| Section 7.5 of the
Physician Assistant Practice Act of 1987, or | 13 |
| of an advanced practice
nurse with prescriptive authority | 14 |
| delegated under Section 65-40 of the Nurse Practice Act who | 15 |
| issues a prescription for a Schedule III, IV, or V
controlled | 16 |
| substance in accordance
with
Section 303.05 , a written | 17 |
| delegation, and a written collaborative agreement under | 18 |
| Section 65-35 of the Nurse Practice Act.
| 19 |
| (oo) "Production" or "produce" means manufacture, | 20 |
| planting,
cultivating, growing, or harvesting of a controlled | 21 |
| substance other than methamphetamine.
| 22 |
| (pp) "Registrant" means every person who is required to | 23 |
| register
under Section 302 of this Act.
| 24 |
| (qq) "Registry number" means the number assigned to each | 25 |
| person
authorized to handle controlled substances under the | 26 |
| laws of the United
States and of this State.
|
|
|
|
HB2247 Enrolled |
- 32 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| (rr) "State" includes the State of Illinois and any state, | 2 |
| district,
commonwealth, territory, insular possession thereof, | 3 |
| and any area
subject to the legal authority of the United | 4 |
| States of America.
| 5 |
| (ss) "Ultimate user" means a person who lawfully possesses | 6 |
| a
controlled substance for his own use or for the use of a | 7 |
| member of his
household or for administering to an animal owned | 8 |
| by him or by a member
of his household.
| 9 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | 10 |
| 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. | 11 |
| 8-21-08.)
| 12 |
| (720 ILCS 570/303.05)
| 13 |
| Sec. 303.05. Mid-level practitioner registration.
| 14 |
| (a) The Department of Financial and Professional | 15 |
| Regulation shall register licensed
physician assistants and | 16 |
| licensed advanced practice nurses to prescribe and
dispense | 17 |
| Schedule
III, IV, or V controlled substances under Section 303 | 18 |
| and euthanasia
agencies to purchase, store, or administer | 19 |
| animal euthanasia drugs under the
following circumstances:
| 20 |
| (1) with respect to physician assistants or advanced | 21 |
| practice nurses ,
| 22 |
| (A) the physician assistant or advanced practice | 23 |
| nurse has been
delegated
prescriptive authority to | 24 |
| prescribe any Schedule III through V controlled | 25 |
| substances by a physician licensed to practice |
|
|
|
HB2247 Enrolled |
- 33 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| medicine in all its
branches in accordance with Section | 2 |
| 7.5 of the Physician Assistant Practice Act
of 1987 or | 3 |
| Section 65-40 of the Nurse Practice Act;
and
the (B) | 4 |
| the physician assistant or advanced practice nurse has
| 5 |
| completed the
appropriate application forms and has | 6 |
| paid the required fees as set by rule;
or
| 7 |
| (B) the physician assistant has been delegated
| 8 |
| authority by a supervising physician licensed to | 9 |
| practice medicine in all its branches to prescribe or | 10 |
| dispense Schedule II controlled substances through a | 11 |
| written delegation of authority and under the | 12 |
| following conditions: | 13 |
| (i) no more than 5 Schedule II controlled | 14 |
| substances by oral dosage may be delegated; | 15 |
| (ii) any delegation must be of controlled | 16 |
| substances prescribed by the supervising | 17 |
| physician; | 18 |
| (iii) all prescriptions must be limited to no | 19 |
| more than a 30-day oral dosage, with any | 20 |
| continuation authorized only after prior approval | 21 |
| of the supervising physician; | 22 |
| (iv) the physician assistant must discuss the | 23 |
| condition of any patients for whom a controlled | 24 |
| substance is prescribed monthly with the | 25 |
| delegating physician; and | 26 |
| (v) the physician assistant must have |
|
|
|
HB2247 Enrolled |
- 34 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| completed the appropriate application forms and | 2 |
| paid the required fees as set by rule; and | 3 |
| (2) with respect to advanced practice nurses, | 4 |
| (A) the advanced practice nurse has been delegated
| 5 |
| authority to prescribe any Schedule III through V | 6 |
| controlled substances by a physician licensed to | 7 |
| practice medicine in all its branches or a podiatrist | 8 |
| in accordance with Section 65-40 of the Nurse Practice
| 9 |
| Act. The advanced practice nurse has completed the
| 10 |
| appropriate application forms and has paid the | 11 |
| required
fees as set by rule; or | 12 |
| (B) the advanced practice nurse has been delegated
| 13 |
| authority by a collaborating physician licensed to | 14 |
| practice medicine in all its branches to prescribe or | 15 |
| dispense Schedule II controlled substances through a | 16 |
| written delegation of authority and under the | 17 |
| following conditions: | 18 |
| (i) no more than 5 Schedule II controlled | 19 |
| substances by oral dosage may be delegated; | 20 |
| (ii) any delegation must be of controlled | 21 |
| substances prescribed by the collaborating | 22 |
| physician; | 23 |
| (iii) all prescriptions must be limited to no | 24 |
| more than a 30-day oral dosage, with any | 25 |
| continuation authorized only after prior approval | 26 |
| of the collaborating physician; |
|
|
|
HB2247 Enrolled |
- 35 - |
LRB096 07723 ASK 17824 b |
|
| 1 |
| (iv) the advanced practice nurse must discuss | 2 |
| the condition of any patients for whom a controlled | 3 |
| substance is prescribed monthly with the | 4 |
| delegating physician; and | 5 |
| (v) the advanced practice nurse must have | 6 |
| completed the appropriate application forms and | 7 |
| paid the required fees as set by rule; or | 8 |
| (3) (2) with respect to animal euthanasia agencies, the | 9 |
| euthanasia agency has
obtained a license from the | 10 |
| Department of
Professional Regulation and obtained a | 11 |
| registration number from the
Department.
| 12 |
| (b) The mid-level practitioner shall only be licensed to | 13 |
| prescribe those
schedules of controlled substances for which a | 14 |
| licensed physician or licensed podiatrist has delegated
| 15 |
| prescriptive authority, except that an animal a euthanasia | 16 |
| agency does not have any
prescriptive authority.
A physician | 17 |
| assistant and an advanced practice nurse are prohibited from | 18 |
| prescribing medications and controlled substances not set | 19 |
| forth in the required written delegation of authority.
| 20 |
| (c) Upon completion of all registration requirements, | 21 |
| physician
assistants, advanced practice nurses, and animal | 22 |
| euthanasia agencies shall be issued a
mid-level practitioner
| 23 |
| controlled substances license for Illinois.
| 24 |
| (Source: P.A. 95-639, eff. 10-5-07.)
| 25 |
| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law. |
|