Full Text of HB4778 95th General Assembly
HB4778eng 95TH GENERAL ASSEMBLY
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HB4778 Engrossed |
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LRB095 16411 RAS 42436 b |
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| AN ACT concerning 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 Nurse Practice Act is amended by changing | 5 |
| Section 65-40 as follows:
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| (225 ILCS 65/65-40)
(was 225 ILCS 65/15-20)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 65-40. Prescriptive authority.
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| (a) A collaborating
physician or podiatrist may, but is not | 10 |
| required to, delegate
prescriptive authority to an advanced | 11 |
| practice
nurse as part of a written collaborative agreement. | 12 |
| This authority may, but is
not required to, include
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| prescription of, selection of, orders for, administration of, | 14 |
| storage of, acceptance of samples of, and dispensing over the | 15 |
| counter medications, legend drugs, medical gases, and | 16 |
| controlled
substances categorized as
any Schedule III through , | 17 |
| III-N, IV,
or V controlled substances, as defined in Article II | 18 |
| of the
Illinois Controlled Substances Act, and other | 19 |
| preparations, including, but not limited to, botanical and | 20 |
| herbal remedies. The collaborating physician or podiatrist | 21 |
| must have a valid current Illinois controlled substance license | 22 |
| and federal registration to delegate authority to prescribe | 23 |
| delegated controlled substances.
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| (b) To prescribe controlled
substances under this Section, | 2 |
| an advanced practice
nurse must obtain a mid-level practitioner | 3 |
| controlled substance license.
Medication orders shall be
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| reviewed
periodically by the collaborating physician or | 5 |
| podiatrist.
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| (c) The collaborating physician or podiatrist shall file | 7 |
| with the
Department notice of delegation of prescriptive | 8 |
| authority
and
termination of such delegation, in accordance | 9 |
| with rules of the Department.
Upon receipt of this notice | 10 |
| delegating authority to prescribe any Schedule III through ,
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| III-N, IV, or V controlled substances, the licensed advanced | 12 |
| practice nurse shall be
eligible to register for a mid-level | 13 |
| practitioner controlled substance license
under Section 303.05 | 14 |
| of the Illinois Controlled Substances Act.
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| (d) In addition to the requirements of subsections (a), | 16 |
| (b), and (c) of this Section, a collaborating physician may, | 17 |
| but is not required to, delegate authority to an advanced | 18 |
| practice nurse to prescribe any Schedule II or II-N controlled | 19 |
| substances, if all of the following conditions apply: | 20 |
| (1) No more than 5 Schedule II or II-N controlled | 21 |
| substances by oral dosage may be delegated. | 22 |
| (2) Any delegation must be controlled substances that | 23 |
| the collaborating physician prescribes. | 24 |
| (3) Any prescription must be limited to no more than a | 25 |
| 30-day oral dosage, with any continuation authorized only | 26 |
| after prior approval of the collaborating physician. |
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| (4) The advanced practice nurse must discuss the | 2 |
| condition of any patients for whom a controlled substance | 3 |
| is prescribed monthly with the delegating physician.
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| (e) Nothing in this Act shall be construed to limit the | 5 |
| delegation of tasks
or duties by a physician to a licensed | 6 |
| practical nurse, a registered
professional nurse, or other | 7 |
| persons.
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| (Source: P.A. 95-639, eff. 10-5-07.)
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| Section 10. The Pharmacy Practice Act is amended by | 10 |
| changing 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 | 14 |
| this Act shall
apply
to, or in any manner interfere with:
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| (a) the lawful practice of any physician licensed to | 16 |
| practice medicine in
all of its branches, dentist, podiatrist,
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| veterinarian, or therapeutically or diagnostically certified | 18 |
| optometrist within
the limits of
his or her license, or prevent | 19 |
| him or her from
supplying to his
or her
bona fide patients
such | 20 |
| 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 | 23 |
| household remedies
when sold in original and unbroken packages | 24 |
| only, if such patent or
proprietary medicines and household |
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| remedies be properly and adequately
labeled as to content and | 2 |
| usage and generally considered and accepted
as harmless and | 3 |
| nonpoisonous when used according to the directions
on the | 4 |
| 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, | 6 |
| according
to the latest editions of the following authoritative | 7 |
| pharmaceutical
treatises and standards, namely, The United | 8 |
| States Pharmacopoeia/National
Formulary (USP/NF), the United | 9 |
| States Dispensatory, and the Accepted
Dental Remedies of the | 10 |
| Council of Dental Therapeutics of the American
Dental | 11 |
| 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 | 13 |
| the Federal
Food, Drug, and Cosmetic Act and Regulations of the | 14 |
| Department of Health
and Human Services, Food and Drug | 15 |
| Administration, promulgated thereunder
now in effect, is | 16 |
| designated, described or considered as a narcotic,
hypnotic, | 17 |
| habit forming, dangerous, or poisonous drug;
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| (d) the sale of poultry and livestock remedies in original | 19 |
| and unbroken
packages only, labeled for poultry and livestock | 20 |
| medication;
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| (e) the sale of poisonous substances or mixture of | 22 |
| poisonous substances,
in unbroken packages, for nonmedicinal | 23 |
| use in the arts or industries
or for insecticide purposes; | 24 |
| provided, they are properly and adequately
labeled as to | 25 |
| content and such nonmedicinal usage, in conformity
with the | 26 |
| provisions of all applicable federal, state and local laws
and |
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| regulations promulgated thereunder now in effect relating | 2 |
| thereto
and governing the same, and those which are required | 3 |
| under such applicable
laws and regulations to be labeled with | 4 |
| the word "Poison", are also labeled
with the word "Poison" | 5 |
| printed
thereon in prominent type and the name of a readily | 6 |
| obtainable antidote
with directions for its administration;
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| (f) the delegation of limited prescriptive authority by a | 8 |
| physician
licensed to
practice medicine in all its branches to | 9 |
| a physician assistant
under Section 7.5 of the Physician | 10 |
| Assistant Practice Act of 1987. This
delegated authority under | 11 |
| Section 7.5 of the Physician Assistant Practice Act of 1987 may | 12 |
| but is not required to include prescription of
controlled | 13 |
| substances, as defined in Article II of the
Illinois Controlled | 14 |
| Substances Act, in accordance with written 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 | 17 |
| podiatrist to an advanced practice
nurse in accordance with a | 18 |
| written collaborative
agreement under Sections Section 65-35 | 19 |
| and 65-40 of the Nurse Practice Act. This authority, which is | 20 |
| delegated under Section 65-40 of the Nurse Practice Act, may | 21 |
| but is not required to
include the prescription of Schedule | 22 |
| III, IV, or V controlled substances as
defined
in Article II of | 23 |
| the Illinois Controlled Substances Act.
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| (Source: P.A. 95-639, eff. 10-5-07 .)
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| Section 15. The Illinois Controlled Substances Act is |
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| 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:
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| (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.
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| (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:
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| (1) a practitioner (or, in his presence, by his | 17 |
| authorized agent),
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| (2) the patient or research subject at the lawful | 19 |
| direction of the
practitioner, or
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| (3) a euthanasia technician as defined by the Humane | 21 |
| Euthanasia in
Animal Shelters Act.
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| (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.
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| (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:
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| (i) boldenone,
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| (ii) chlorotestosterone,
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| (iii) chostebol,
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| (iv) dehydrochlormethyltestosterone,
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| (v) dihydrotestosterone,
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| (vi) drostanolone,
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| (vii) ethylestrenol,
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| (viii) fluoxymesterone,
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| (ix) formebulone,
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| (x) mesterolone,
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| (xi) methandienone,
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| (xii) methandranone,
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| (xiii) methandriol,
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| (xiv) methandrostenolone,
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| (xv) methenolone,
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| (xvi) methyltestosterone,
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| (xvii) mibolerone,
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| (xviii) nandrolone,
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| (xix) norethandrolone,
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| (xx) oxandrolone,
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| (xxi) oxymesterone,
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| (xxii) oxymetholone,
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| (xxiii) stanolone,
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| (xxiv) stanozolol,
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| (xxv) testolactone,
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| (xxvi) testosterone,
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| (xxvii) trenbolone, and
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| (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.
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| 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
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| 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
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| purposes of this Act.
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| (d) "Administration" means the Drug Enforcement | 23 |
| Administration,
United States Department of Justice, or its | 24 |
| successor agency.
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| (e) "Control" means to add a drug or other substance, or | 26 |
| immediate
precursor, to a Schedule under Article II of this Act |
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| whether by
transfer from another Schedule or otherwise.
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| (f) "Controlled Substance" means a drug, substance, or | 3 |
| immediate
precursor in the Schedules of Article II of this Act.
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| (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.
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| (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.
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| (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.
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| (j) "Department of State Police" means the Department of | 19 |
| State
Police of the State of Illinois or its successor agency.
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| (k) "Department of Corrections" means the Department of | 21 |
| Corrections
of the State of Illinois or its successor agency.
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| (l) "Department of Professional Regulation" means the | 23 |
| Department
of Professional Regulation of the State of Illinois | 24 |
| or its successor agency.
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| (m) "Depressant" or "stimulant substance" means:
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| (1) a drug which contains any quantity of (i) |
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| 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
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| (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
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| because of its depressant or stimulant effect on the | 12 |
| central nervous
system; or
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| (3) lysergic acid diethylamide; or
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| (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.
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| (n) (Blank).
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| (o) "Director" means the Director of the Department of | 21 |
| State Police or
the Department of Professional Regulation or | 22 |
| his designated agents.
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| (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 |
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| to prepare the substance for that
delivery.
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| (q) "Dispenser" means a practitioner who dispenses.
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| (r) "Distribute" means to deliver, other than by | 4 |
| administering or
dispensing, a controlled substance.
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| (s) "Distributor" means a person who distributes.
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| (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
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| 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.
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| (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
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| 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.
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| (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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| (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
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| 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:
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| (1) lack of consistency of doctor-patient | 14 |
| relationship,
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| (2) frequency of prescriptions for same drug by one | 16 |
| prescriber for
large numbers of patients,
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| (3) quantities beyond those normally prescribed,
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| (4) unusual dosages,
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| (5) unusual geographic distances between patient, | 20 |
| pharmacist and
prescriber,
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| (6) consistent prescribing of habit-forming drugs.
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| (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.
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| (v) "Immediate precursor" means a substance:
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| (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;
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| (2) which is an immediate chemical intermediary used or | 7 |
| likely to
be used in the manufacture of such controlled | 8 |
| substance; and
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| (3) the control of which is necessary to prevent, | 10 |
| curtail or limit
the manufacture of such controlled | 11 |
| substance.
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| (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.
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| (x) "Local authorities" means a duly organized State, | 17 |
| County or
Municipal peace unit or police force.
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| (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 |
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| 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:
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| (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;
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| (c) whether the substance is packaged in a manner | 13 |
| normally used for the
illegal distribution of controlled | 14 |
| substances;
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| (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.
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| Nothing in this subsection (y) prohibits the dispensing or | 26 |
| distributing
of noncontrolled substances by persons authorized |
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LRB095 16411 RAS 42436 b |
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| 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.
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| 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.
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| (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 |
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LRB095 16411 RAS 42436 b |
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| his
supervision, the preparation, compounding, packaging, | 2 |
| or labeling of a
controlled substance:
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| (a) as an incident to his administering or | 4 |
| dispensing of a
controlled substance in the course of | 5 |
| his professional practice; or
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| (b) as an incident to lawful research, teaching or | 7 |
| chemical
analysis and not for sale.
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| (z-1) (Blank).
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| (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:
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| (1) opium and opiate, and any salt, compound, | 15 |
| derivative, or
preparation of opium or opiate;
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| (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 |
|
|
|
HB4778 Engrossed |
- 17 - |
LRB095 16411 RAS 42436 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.
|
|
|
|
HB4778 Engrossed |
- 18 - |
LRB095 16411 RAS 42436 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 and | 22 |
| the written guidelines required under Section 7.5
of the
| 23 |
| Physician Assistant Practice Act of 1987, or an advanced | 24 |
| practice
nurse with prescriptive authority delegated under | 25 |
| Section 65-40 of the Nurse Practice Act and in accordance with | 26 |
| Section 303.05 , a written delegation,
and a written
|
|
|
|
HB4778 Engrossed |
- 19 - |
LRB095 16411 RAS 42436 b |
|
| 1 |
| collaborative agreement under Section 65-35 of the Nurse | 2 |
| 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 and the written guidelines | 11 |
| required under
Section 7.5 of the
Physician Assistant Practice | 12 |
| Act of 1987, or of an advanced practice
nurse with prescriptive | 13 |
| authority delegated under Section 65-40 of the Nurse Practice | 14 |
| Act who issues a prescription for a Schedule III, IV, or V
| 15 |
| controlled substance in accordance
with
Section 303.05 , a | 16 |
| written delegation, and a written collaborative agreement | 17 |
| under Section 65-35 of the Nurse Practice Act.
| 18 |
| (oo) "Production" or "produce" means manufacture, | 19 |
| planting,
cultivating, growing, or harvesting of a controlled | 20 |
| substance other than methamphetamine.
| 21 |
| (pp) "Registrant" means every person who is required to | 22 |
| register
under Section 302 of this Act.
| 23 |
| (qq) "Registry number" means the number assigned to each | 24 |
| person
authorized to handle controlled substances under the | 25 |
| laws of the United
States and of this State.
| 26 |
| (rr) "State" includes the State of Illinois and any state, |
|
|
|
HB4778 Engrossed |
- 20 - |
LRB095 16411 RAS 42436 b |
|
| 1 |
| district,
commonwealth, territory, insular possession thereof, | 2 |
| and any area
subject to the legal authority of the United | 3 |
| States of America.
| 4 |
| (ss) "Ultimate user" means a person who lawfully possesses | 5 |
| a
controlled substance for his own use or for the use of a | 6 |
| member of his
household or for administering to an animal owned | 7 |
| by him or by a member
of his household.
| 8 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | 9 |
| 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; revised | 10 |
| 11-19-07.)
| 11 |
| (720 ILCS 570/303.05)
| 12 |
| Sec. 303.05. Mid-level practitioner registration.
| 13 |
| (a) The Department of Professional Regulation shall | 14 |
| register licensed
physician assistants and licensed advanced | 15 |
| practice nurses to prescribe and
dispense Schedule
III, IV, or | 16 |
| V 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 or advanced | 20 |
| practice nurses ,
| 21 |
| (A) the physician assistant or advanced practice | 22 |
| nurse has been
delegated
prescriptive authority to | 23 |
| prescribe any Schedule III through V controlled | 24 |
| substances by a physician licensed to practice | 25 |
| medicine in all its
branches in accordance with Section |
|
|
|
HB4778 Engrossed |
- 21 - |
LRB095 16411 RAS 42436 b |
|
| 1 |
| 7.5 of the Physician Assistant Practice Act
of 1987 or | 2 |
| Section 65-40 of the Nurse Practice Act ;
and
| 3 |
| (B) the physician assistant or advanced practice | 4 |
| nurse has
completed the
appropriate application forms | 5 |
| and has paid the required fees as set by rule;
or
| 6 |
| (2) with respect to advanced practice nurses, | 7 |
| (A) the advanced practice nurse has been delegated
| 8 |
| authority to prescribe any Schedule III through V | 9 |
| controlled substances by a physician licensed to | 10 |
| practice medicine in all its branches or a podiatrist | 11 |
| in accordance with Section 65-40 of the Nurse Practice
| 12 |
| Act. The advanced practice nurse has completed the
| 13 |
| appropriate application forms and has paid the | 14 |
| required
fees; or | 15 |
| (B) the advanced practice nurse has been delegated
| 16 |
| authority by a collaborating physician licensed to | 17 |
| practice medicine in all its branches to prescribe or | 18 |
| dispense Schedule II controlled substances through a | 19 |
| written delegation of authority and under the | 20 |
| following conditions: | 21 |
| (i) no more than 5 Schedule II controlled | 22 |
| substances by oral dosage may be delegated; | 23 |
| (ii) any delegation must be of controlled | 24 |
| substances prescribed by the collaborating | 25 |
| physician; | 26 |
| (iii) all prescriptions must be limited to no |
|
|
|
HB4778 Engrossed |
- 22 - |
LRB095 16411 RAS 42436 b |
|
| 1 |
| more than a 30-day oral dosage, with any | 2 |
| continuation authorized only after prior approval | 3 |
| of the collaborating physician; | 4 |
| (iv) the advanced practice nurse must discuss | 5 |
| the condition of any patients for whom a controlled | 6 |
| substance is prescribed monthly with the | 7 |
| delegating physician; and | 8 |
| (v) the advanced practice nurse must have | 9 |
| completed the appropriate application forms and | 10 |
| paid the required fees as set by rule; or | 11 |
| (3) (2) with respect to animal euthanasia agencies, the | 12 |
| euthanasia agency has
obtained a license from the | 13 |
| Department of
Professional Regulation and obtained a | 14 |
| registration number from the
Department.
| 15 |
| (b) The mid-level practitioner shall only be licensed to | 16 |
| prescribe those
schedules of controlled substances for which a | 17 |
| licensed physician or licensed podiatrist has delegated
| 18 |
| prescriptive authority, except that an animal a euthanasia | 19 |
| agency does not have any
prescriptive authority.
A physician | 20 |
| assistant and an advanced practice nurse are prohibited from | 21 |
| prescribing medications and controlled substances not set | 22 |
| forth in the required written delegation of authority.
| 23 |
| (c) Upon completion of all registration requirements, | 24 |
| physician
assistants, advanced practice nurses, and animal | 25 |
| euthanasia agencies shall be issued a
mid-level practitioner
| 26 |
| controlled substances license for Illinois.
|
|
|
|
HB4778 Engrossed |
- 23 - |
LRB095 16411 RAS 42436 b |
|
| 1 |
| (d) Notwithstanding any other rulemaking authority that | 2 |
| may exist, neither the Governor nor any agency or agency head | 3 |
| under the jurisdiction of the Governor has any authority to | 4 |
| make or promulgate rules to implement or enforce the provisions | 5 |
| of this amendatory Act of the 95th General Assembly. If, | 6 |
| however, the Governor believes that rules are necessary to | 7 |
| implement or enforce the provisions of this amendatory Act of | 8 |
| the 95th General Assembly, the Governor may suggest rules to | 9 |
| the General Assembly by filing them with the Clerk of the House | 10 |
| and the Secretary of the Senate and by requesting that the | 11 |
| General Assembly authorize such rulemaking by law, enact those | 12 |
| suggested rules into law, or take any other appropriate action | 13 |
| in the General Assembly's discretion. Nothing contained in this | 14 |
| amendatory Act of the 95th General Assembly shall be | 15 |
| interpreted to grant rulemaking authority under any other | 16 |
| Illinois statute where such authority is not otherwise | 17 |
| explicitly given. For the purposes of this amendatory Act of | 18 |
| the 95th General Assembly, "rules" is given the meaning | 19 |
| contained in Section 1-70 of the Illinois Administrative | 20 |
| Procedure Act, and "agency" and "agency head" are given the | 21 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 22 |
| Administrative Procedure Act to the extent that such | 23 |
| definitions apply to agencies or agency heads under the | 24 |
| jurisdiction of the Governor. | 25 |
| (Source: P.A. 95-639, eff. 10-5-07.)
|
|