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90_HB1833
720 ILCS 570/102 from Ch. 56 1/2, par. 1102
720 ILCS 570/309.5 new
Amends the Illinois Controlled Substances Act to include
a nurse practitioner in the definition of "practitioner".
Authorizes a nurse practitioner to issue prescriptions for
Schedule III, IV, and V controlled substances under the
supervision of a licensed physician.
LRB9004800DPcc
LRB9004800DPcc
1 AN ACT to amend the Illinois Controlled Substances Act by
2 changing Section 102 and adding Section 309.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Controlled Substances Act is
6 amended by changing Section 102 and adding Section 309.5 as
7 follows:
8 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 102. Definitions. As used in this Act, unless the
11 context otherwise requires:
12 (a) "Addict" means any person who habitually uses any
13 drug, chemical, substance or dangerous drug other than
14 alcohol so as to endanger the public morals, health, safety
15 or welfare or who is so far addicted to the use of a
16 dangerous drug or controlled substance other than alcohol as
17 to have lost the power of self control with reference to his
18 addiction.
19 (b) "Administer" means the direct application of a
20 controlled substance, whether by injection, inhalation,
21 ingestion, or any other means, to the body of a patient or
22 research subject by:
23 (1) a practitioner (or, in his presence, by his
24 authorized agent), or
25 (2) the patient or research subject at the lawful
26 direction of the practitioner.
27 (c) "Agent" means an authorized person who acts on
28 behalf of or at the direction of a manufacturer, distributor,
29 or dispenser. It does not include a common or contract
30 carrier, public warehouseman or employee of the carrier or
31 warehouseman.
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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,
27 (xxiii) stanolone,
28 (xxiv) stanozolol,
29 (xxv) testolactone,
30 (xxvi) testosterone,
31 (xxvii) trenbolone, and
32 (xxviii) any salt, ester, or isomer of a drug
33 or substance described or listed in this paragraph,
34 if that salt, ester, or isomer promotes muscle
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1 growth.
2 Any person who is otherwise lawfully in possession of an
3 anabolic steroid, or who otherwise lawfully manufactures,
4 distributes, dispenses, delivers, or possesses with intent to
5 deliver an anabolic steroid, which anabolic steroid is
6 expressly intended for and lawfully allowed to be
7 administered through implants to livestock or other nonhuman
8 species, and which is approved by the Secretary of Health and
9 Human Services for such administration, and which the person
10 intends to administer or have administered through such
11 implants, shall not be considered to be in unauthorized
12 possession or to unlawfully manufacture, distribute,
13 dispense, deliver, or possess with intent to deliver such
14 anabolic steroid for purposes of this Act.
15 (d) "Administration" means the Drug Enforcement
16 Administration, United States Department of Justice, or its
17 successor agency.
18 (e) "Control" means to add a drug or other substance, or
19 immediate precursor, to a Schedule under Article II of this
20 Act whether by transfer from another Schedule or otherwise.
21 (f) "Controlled Substance" means a drug, substance, or
22 immediate precursor in the Schedules of Article II of this
23 Act.
24 (g) "Counterfeit substance" means a controlled
25 substance, which, or the container or labeling of which,
26 without authorization bears the trademark, trade name, or
27 other identifying mark, imprint, number or device, or any
28 likeness thereof, of a manufacturer, distributor, or
29 dispenser other than the person who in fact manufactured,
30 distributed, or dispensed the substance.
31 (h) "Deliver" or "delivery" means the actual,
32 constructive or attempted transfer of possession of a
33 controlled substance, with or without consideration, whether
34 or not there is an agency relationship.
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1 (i) "Department" means the Illinois Department of
2 Alcoholism and Substance Abuse of the State of Illinois or
3 its successor agency.
4 (j) "Department of State Police" means the Department of
5 State Police of the State of Illinois or its successor
6 agency.
7 (k) "Department of Corrections" means the Department of
8 Corrections of the State of Illinois or its successor agency.
9 (l) "Department of Professional Regulation" means the
10 Department of Professional Regulation of the State of
11 Illinois or its successor agency.
12 (m) "Depressant" or "stimulant substance" means:
13 (1) a drug which contains any quantity of (i)
14 barbituric acid or any of the salts of barbituric acid
15 which has been designated as habit forming under section
16 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
17 U.S.C. 352 (d)); or
18 (2) a drug which contains any quantity of (i)
19 amphetamine or methamphetamine and any of their optical
20 isomers; (ii) any salt of amphetamine or methamphetamine
21 or any salt of an optical isomer of amphetamine; or (iii)
22 any substance which the Department, after investigation,
23 has found to be, and by rule designated as, habit forming
24 because of its depressant or stimulant effect on the
25 central nervous system; or
26 (3) lysergic acid diethylamide; or
27 (4) any drug which contains any quantity of a
28 substance which the Department, after investigation, has
29 found to have, and by rule designated as having, a
30 potential for abuse because of its depressant or
31 stimulant effect on the central nervous system or its
32 hallucinogenic effect.
33 (n) "Designated product" means any narcotic drug,
34 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
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1 pentazocine or cannabis product listed in Schedule II and
2 also means a controlled substance listed in Schedule II which
3 is determined and designated by the Department or its
4 successor agency to be such a product. A designated product
5 shall only be dispensed upon an official prescription blank.
6 (o) "Director" means the Director of the Department of
7 State Police or the Department of Professional Regulation or
8 his designated agents.
9 (p) "Dispense" means to deliver a controlled substance
10 to an ultimate user or research subject by or pursuant to the
11 lawful order of a prescriber, including the prescribing,
12 administering, packaging, labeling, or compounding necessary
13 to prepare the substance for that delivery.
14 (q) "Dispenser" means a practitioner who dispenses.
15 (r) "Distribute" means to deliver, other than by
16 administering or dispensing, a controlled substance.
17 (s) "Distributor" means a person who distributes.
18 (t) "Drug" means (1) substances recognized as drugs in
19 the official United States Pharmacopoeia, Official
20 Homeopathic Pharmacopoeia of the United States, or official
21 National Formulary, or any supplement to any of them; (2)
22 substances intended for use in diagnosis, cure, mitigation,
23 treatment, or prevention of disease in man or animals; (3)
24 substances (other than food) intended to affect the structure
25 of any function of the body of man or animals and (4)
26 substances intended for use as a component of any article
27 specified in clause (1), (2), or (3) of this subsection. It
28 does not include devices or their components, parts, or
29 accessories.
30 (u) "Good Faith" means the prescribing or dispensing of
31 a controlled substance by a practitioner in the regular
32 course of professional treatment to or for any person who is
33 under his treatment for a pathology or condition other than
34 that individual's physical or psychological dependence upon
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1 or addiction to a controlled substance, except as provided
2 herein: and application of the term to a pharmacist shall
3 mean the dispensing of a controlled substance pursuant to the
4 prescriber's order which in the professional judgment of the
5 pharmacist is lawful. The pharmacist shall be guided by
6 accepted professional standards including, but not limited to
7 the following, in making the judgment:
8 (1) lack of consistency of doctor-patient
9 relationship,
10 (2) frequency of prescriptions for same drug by one
11 prescriber for large numbers of patients,
12 (3) quantities beyond those normally prescribed,
13 (4) unusual dosages,
14 (5) unusual geographic distances between patient,
15 pharmacist and prescriber,
16 (6) consistent prescribing of habit-forming drugs.
17 (u-1) "Home infusion services" means services provided
18 by a pharmacy in compounding solutions for direct
19 administration to a patient in a private residence, long-term
20 care facility, or hospice setting by means of parenteral,
21 intravenous, intramuscular, subcutaneous, or intraspinal
22 infusion.
23 (v) "Immediate precursor" means a substance:
24 (1) which the Department has found to be and by
25 rule designated as being a principal compound used, or
26 produced primarily for use, in the manufacture of a
27 controlled substance;
28 (2) which is an immediate chemical intermediary
29 used or likely to be used in the manufacture of such
30 controlled substance; and
31 (3) the control of which is necessary to prevent,
32 curtail or limit the manufacture of such controlled
33 substance.
34 (w) "Instructional Activities" means the acts of
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1 teaching, educating or instructing by practitioners using
2 controlled substances within educational facilities approved
3 by the State Board of Education or its successor agency.
4 (x) "Local authorities" means a duly organized State,
5 County or Municipal peace unit or police force.
6 (y) "Look-alike substance" means a substance, other than
7 a controlled substance which (1) by overall dosage unit
8 appearance, including shape, color, size, markings or lack
9 thereof, taste, consistency, or any other identifying
10 physical characteristic of the substance, would lead a
11 reasonable person to believe that the substance is a
12 controlled substance, or (2) is expressly or impliedly
13 represented to be a controlled substance or is distributed
14 under circumstances which would lead a reasonable person to
15 believe that the substance is a controlled substance. For the
16 purpose of determining whether the representations made or
17 the circumstances of the distribution would lead a reasonable
18 person to believe the substance to be a controlled substance
19 under this clause (2) of subsection (y), the court or other
20 authority may consider the following factors in addition to
21 any other factor that may be relevant:
22 (a) Statements made by the owner or person in
23 control of the substance concerning its nature, use or
24 effect;
25 (b) Statements made to the buyer or recipient that
26 the substance may be resold for profit;
27 (c) Whether the substance is packaged in a manner
28 normally used for the illegal distribution of controlled
29 substances;
30 (d) Whether the distribution or attempted
31 distribution included an exchange of or demand for money
32 or other property as consideration, and whether the
33 amount of the consideration was substantially greater
34 than the reasonable retail market value of the substance.
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1 Clause (1) of this subsection (y) shall not apply to a
2 noncontrolled substance in its finished dosage form that was
3 initially introduced into commerce prior to the initial
4 introduction into commerce of a controlled substance in its
5 finished dosage form which it may substantially resemble.
6 Nothing in this subsection (y) prohibits the dispensing
7 or distributing of noncontrolled substances by persons
8 authorized to dispense and distribute controlled substances
9 under this Act, provided that such action would be deemed to
10 be carried out in good faith under subsection (u) if the
11 substances involved were controlled substances.
12 Nothing in this subsection (y) or in this Act prohibits
13 the manufacture, preparation, propagation, compounding,
14 processing, packaging, advertising or distribution of a drug
15 or drugs by any person registered pursuant to Section 510 of
16 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
17 (y-1) "Mail-order pharmacy" means a pharmacy that is
18 located in a state of the United States, other than Illinois,
19 that delivers, dispenses or distributes, through the United
20 States Postal Service or other common carrier, to Illinois
21 residents, any substance which requires a prescription.
22 (z) "Manufacture" means the production, preparation,
23 propagation, compounding, conversion or processing of a
24 controlled substance, either directly or indirectly, by
25 extraction from substances of natural origin, or
26 independently by means of chemical synthesis, or by a
27 combination of extraction and chemical synthesis, and
28 includes any packaging or repackaging of the substance or
29 labeling of its container, except that this term does not
30 include:
31 (1) by an ultimate user, the preparation or
32 compounding of a controlled substance for his own use; or
33 (2) by a practitioner, or his authorized agent
34 under his supervision, the preparation, compounding,
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1 packaging, or labeling of a controlled substance:
2 (a) as an incident to his administering or
3 dispensing of a controlled substance in the course
4 of his professional practice; or
5 (b) as an incident to lawful research,
6 teaching or chemical analysis and not for sale.
7 (aa) "Narcotic drug" means any of the following, whether
8 produced directly or indirectly by extraction from substances
9 of natural origin, or independently by means of chemical
10 synthesis, or by a combination of extraction and chemical
11 synthesis:
12 (1) opium and opiate, and any salt, compound,
13 derivative, or preparation of opium or opiate;
14 (2) any salt, compound, isomer, derivative, or
15 preparation thereof which is chemically equivalent or
16 identical with any of the substances referred to in
17 clause (1), but not including the isoquinoline alkaloids
18 of opium;
19 (3) opium poppy and poppy straw;
20 (4) coca leaves and any salts, compound, isomer,
21 salt of an isomer, derivative, or preparation of coca
22 leaves including cocaine or ecgonine, and any salt,
23 compound, isomer, derivative, or preparation thereof
24 which is chemically equivalent or identical with any of
25 these substances, but not including decocainized coca
26 leaves or extractions of coca leaves which do not contain
27 cocaine or ecgonine (for the purpose of this paragraph,
28 the term "isomer" includes optical, positional and
29 geometric isomers).
30 (bb) "Nurse" means a registered nurse licensed under The
31 Illinois Nursing Act of 1987.
32 (bb-5) "Nurse practitioner" means a nurse licensed under
33 the Illinois Nursing Act of 1987, certified by a national
34 certifying body in an advanced specialty, and practicing in
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1 the advanced specialty area under the direction and
2 supervision of a licensed physician. "Nurse practitioner"
3 includes but is not limited to a certified nurse midwife,
4 certified clinical nurse specialist, or certified registered
5 nurse anesthetist.
6 (cc) "Official prescription blanks" means the triplicate
7 prescription forms supplied to prescribers by the Department
8 for prescribing Schedule II Designated Product controlled
9 substances.
10 (dd) "Opiate" means any substance having an addiction
11 forming or addiction sustaining liability similar to morphine
12 or being capable of conversion into a drug having addiction
13 forming or addiction sustaining liability.
14 (ee) "Opium poppy" means the plant of the species
15 Papaver somniferum L., except its seeds.
16 (ff) "Parole and Pardon Board" means the Parole and
17 Pardon Board of the State of Illinois or its successor
18 agency.
19 (gg) "Person" means any individual, corporation,
20 mail-order pharmacy, government or governmental subdivision
21 or agency, business trust, estate, trust, partnership or
22 association, or any other entity.
23 (hh) "Pharmacist" means any person who holds a
24 certificate of registration as a registered pharmacist, a
25 local registered pharmacist or a registered assistant
26 pharmacist under the Pharmacy Practice Act of 1987.
27 (ii) "Pharmacy" means any store, ship or other place in
28 which pharmacy is authorized to be practiced under the
29 Pharmacy Practice Act of 1987.
30 (jj) "Poppy straw" means all parts, except the seeds, of
31 the opium poppy, after mowing.
32 (kk) "Practitioner" means a physician, dentist,
33 podiatrist, veterinarian, scientific investigator,
34 pharmacist, nurse practitioner, licensed practical nurse,
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1 registered nurse, hospital, laboratory, or pharmacy, or other
2 person licensed, registered, or otherwise lawfully permitted
3 by the United States or this State to distribute, dispense,
4 conduct research with respect to, administer or use in
5 teaching or chemical analysis, a controlled substance in the
6 course of professional practice or research.
7 (ll) "Pre-printed prescription" means a written
8 prescription upon which the designated drug has been
9 indicated prior to the time of issuance.
10 (mm) "Prescriber" means a physician, dentist, podiatrist
11 or veterinarian who issues a prescription or a nurse
12 practitioner who issues a prescription for a Schedule III,
13 IV, or V controlled substance.
14 (nn) "Prescription" means a lawful written, facsimile,
15 or verbal order of a physician licensed to practice medicine
16 in all its branches, dentist, podiatrist or veterinarian for
17 any controlled substance, or of a nurse practitioner for a
18 Schedule III, IV, or V controlled substance.
19 (oo) "Production" or "produce" means manufacture,
20 planting, cultivating, growing, or harvesting of a controlled
21 substance.
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.
27 (rr) "State" includes the State of Illinois and any
28 state, district, commonwealth, territory, insular possession
29 thereof, and any area subject to the legal authority of the
30 United States of America.
31 (ss) "Ultimate user" means a person who lawfully
32 possesses a controlled substance for his own use or for the
33 use of a member of his household or for administering to an
34 animal owned by him or by a member of his household.
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1 (Source: P.A. 89-202, eff. 10-1-95.)
2 (Text of Section after amendment by P.A. 89-507)
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
6 drug, chemical, substance or dangerous drug other than
7 alcohol so as to endanger the public morals, health, safety
8 or welfare or who is so far addicted to the use of a
9 dangerous drug or controlled substance other than alcohol as
10 to have lost the power of self control with reference to his
11 addiction.
12 (b) "Administer" means the direct application of a
13 controlled substance, whether by injection, inhalation,
14 ingestion, or any other means, to the body of a patient or
15 research subject by:
16 (1) a practitioner (or, in his presence, by his
17 authorized agent), or
18 (2) the patient or research subject at the lawful
19 direction of the practitioner.
20 (c) "Agent" means an authorized person who acts on
21 behalf of or at the direction of a manufacturer, distributor,
22 or dispenser. It does not include a common or contract
23 carrier, public warehouseman or employee of the carrier or
24 warehouseman.
25 (c-1) "Anabolic Steroids" means any drug or hormonal
26 substance, chemically and pharmacologically related to
27 testosterone (other than estrogens, progestins, and
28 corticosteroids) that promotes muscle growth, and includes:
29 (i) boldenone,
30 (ii) chlorotestosterone,
31 (iii) chostebol,
32 (iv) dehydrochlormethyltestosterone,
33 (v) dihydrotestosterone,
34 (vi) drostanolone,
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1 (vii) ethylestrenol,
2 (viii) fluoxymesterone,
3 (ix) formebulone,
4 (x) mesterolone,
5 (xi) methandienone,
6 (xii) methandranone,
7 (xiii) methandriol,
8 (xiv) methandrostenolone,
9 (xv) methenolone,
10 (xvi) methyltestosterone,
11 (xvii) mibolerone,
12 (xviii) nandrolone,
13 (xix) norethandrolone,
14 (xx) oxandrolone,
15 (xxi) oxymesterone,
16 (xxii) oxymetholone,
17 (xxiii) stanolone,
18 (xxiv) stanozolol,
19 (xxv) testolactone,
20 (xxvi) testosterone,
21 (xxvii) trenbolone, and
22 (xxviii) any salt, ester, or isomer of a drug
23 or substance described or listed in this paragraph,
24 if that salt, ester, or isomer promotes muscle
25 growth.
26 Any person who is otherwise lawfully in possession of an
27 anabolic steroid, or who otherwise lawfully manufactures,
28 distributes, dispenses, delivers, or possesses with intent to
29 deliver an anabolic steroid, which anabolic steroid is
30 expressly intended for and lawfully allowed to be
31 administered through implants to livestock or other nonhuman
32 species, and which is approved by the Secretary of Health and
33 Human Services for such administration, and which the person
34 intends to administer or have administered through such
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1 implants, shall not be considered to be in unauthorized
2 possession or to unlawfully manufacture, distribute,
3 dispense, deliver, or possess with intent to deliver such
4 anabolic steroid for purposes of this Act.
5 (d) "Administration" means the Drug Enforcement
6 Administration, United States Department of Justice, or its
7 successor agency.
8 (e) "Control" means to add a drug or other substance, or
9 immediate precursor, to a Schedule under Article II of this
10 Act whether by transfer from another Schedule or otherwise.
11 (f) "Controlled Substance" means a drug, substance, or
12 immediate precursor in the Schedules of Article II of this
13 Act.
14 (g) "Counterfeit substance" means a controlled
15 substance, which, or the container or labeling of which,
16 without authorization bears the trademark, trade name, or
17 other identifying mark, imprint, number or device, or any
18 likeness thereof, of a manufacturer, distributor, or
19 dispenser other than the person who in fact manufactured,
20 distributed, or dispensed the substance.
21 (h) "Deliver" or "delivery" means the actual,
22 constructive or attempted transfer of possession of a
23 controlled substance, with or without consideration, whether
24 or not there is an agency relationship.
25 (i) "Department" means the Illinois Department of Human
26 Services (as successor to the Department of Alcoholism and
27 Substance Abuse) or its successor agency.
28 (j) "Department of State Police" means the Department of
29 State Police of the State of Illinois or its successor
30 agency.
31 (k) "Department of Corrections" means the Department of
32 Corrections of the State of Illinois or its successor agency.
33 (l) "Department of Professional Regulation" means the
34 Department of Professional Regulation of the State of
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1 Illinois or its successor agency.
2 (m) "Depressant" or "stimulant substance" means:
3 (1) a drug which contains any quantity of (i)
4 barbituric acid or any of the salts of barbituric acid
5 which has been designated as habit forming under section
6 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
7 U.S.C. 352 (d)); or
8 (2) a drug which contains any quantity of (i)
9 amphetamine or methamphetamine and any of their optical
10 isomers; (ii) any salt of amphetamine or methamphetamine
11 or any salt of an optical isomer of amphetamine; or (iii)
12 any substance which the Department, after investigation,
13 has found to be, and by rule designated as, habit forming
14 because of its depressant or stimulant effect on the
15 central nervous system; or
16 (3) lysergic acid diethylamide; or
17 (4) any drug which contains any quantity of a
18 substance which the Department, after investigation, has
19 found to have, and by rule designated as having, a
20 potential for abuse because of its depressant or
21 stimulant effect on the central nervous system or its
22 hallucinogenic effect.
23 (n) "Designated product" means any narcotic drug,
24 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
25 pentazocine or cannabis product listed in Schedule II and
26 also means a controlled substance listed in Schedule II which
27 is determined and designated by the Department or its
28 successor agency to be such a product. A designated product
29 shall only be dispensed upon an official prescription blank.
30 (o) "Director" means the Director of the Department of
31 State Police or the Department of Professional Regulation or
32 his designated agents.
33 (p) "Dispense" means to deliver a controlled substance
34 to an ultimate user or research subject by or pursuant to the
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1 lawful order of a prescriber, including the prescribing,
2 administering, packaging, labeling, or compounding necessary
3 to prepare the substance for that delivery.
4 (q) "Dispenser" means a practitioner who dispenses.
5 (r) "Distribute" means to deliver, other than by
6 administering or dispensing, a controlled substance.
7 (s) "Distributor" means a person who distributes.
8 (t) "Drug" means (1) substances recognized as drugs in
9 the official United States Pharmacopoeia, Official
10 Homeopathic Pharmacopoeia of the United States, or official
11 National Formulary, or any supplement to any of them; (2)
12 substances intended for use in diagnosis, cure, mitigation,
13 treatment, or prevention of disease in man or animals; (3)
14 substances (other than food) intended to affect the structure
15 of any function of the body of man or animals and (4)
16 substances intended for use as a component of any article
17 specified in clause (1), (2), or (3) of this subsection. It
18 does not include devices or their components, parts, or
19 accessories.
20 (u) "Good Faith" means the prescribing or dispensing of
21 a controlled substance by a practitioner in the regular
22 course of professional treatment to or for any person who is
23 under his treatment for a pathology or condition other than
24 that individual's physical or psychological dependence upon
25 or addiction to a controlled substance, except as provided
26 herein: and application of the term to a pharmacist shall
27 mean the dispensing of a controlled substance pursuant to the
28 prescriber's order which in the professional judgment of the
29 pharmacist is lawful. The pharmacist shall be guided by
30 accepted professional standards including, but not limited to
31 the following, in making the judgment:
32 (1) lack of consistency of doctor-patient
33 relationship,
34 (2) frequency of prescriptions for same drug by one
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1 prescriber for large numbers of patients,
2 (3) quantities beyond those normally prescribed,
3 (4) unusual dosages,
4 (5) unusual geographic distances between patient,
5 pharmacist and prescriber,
6 (6) consistent prescribing of habit-forming drugs.
7 (u-1) "Home infusion services" means services provided
8 by a pharmacy in compounding solutions for direct
9 administration to a patient in a private residence, long-term
10 care facility, or hospice setting by means of parenteral,
11 intravenous, intramuscular, subcutaneous, or intraspinal
12 infusion.
13 (v) "Immediate precursor" means a substance:
14 (1) which the Department has found to be and by
15 rule designated as being a principal compound used, or
16 produced primarily for use, in the manufacture of a
17 controlled substance;
18 (2) which is an immediate chemical intermediary
19 used or likely to be used in the manufacture of such
20 controlled substance; and
21 (3) the control of which is necessary to prevent,
22 curtail or limit the manufacture of such controlled
23 substance.
24 (w) "Instructional Activities" means the acts of
25 teaching, educating or instructing by practitioners using
26 controlled substances within educational facilities approved
27 by the State Board of Education or its successor agency.
28 (x) "Local authorities" means a duly organized State,
29 County or Municipal peace unit or police force.
30 (y) "Look-alike substance" means a substance, other than
31 a controlled substance which (1) by overall dosage unit
32 appearance, including shape, color, size, markings or lack
33 thereof, taste, consistency, or any other identifying
34 physical characteristic of the substance, would lead a
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1 reasonable person to believe that the substance is a
2 controlled substance, or (2) is expressly or impliedly
3 represented to be a controlled substance or is distributed
4 under circumstances which would lead a reasonable person to
5 believe that the substance is a controlled substance. For the
6 purpose of determining whether the representations made or
7 the circumstances of the distribution would lead a reasonable
8 person to believe the substance to be a controlled substance
9 under this clause (2) of subsection (y), the court or other
10 authority may consider the following factors in addition to
11 any other factor that may be relevant:
12 (a) Statements made by the owner or person in
13 control of the substance concerning its nature, use or
14 effect;
15 (b) Statements made to the buyer or recipient that
16 the substance may be resold for profit;
17 (c) Whether the substance is packaged in a manner
18 normally used for the illegal distribution of controlled
19 substances;
20 (d) Whether the distribution or attempted
21 distribution included an exchange of or demand for money
22 or other property as consideration, and whether the
23 amount of the consideration was substantially greater
24 than the reasonable retail market value of the substance.
25 Clause (1) of this subsection (y) shall not apply to a
26 noncontrolled substance in its finished dosage form that was
27 initially introduced into commerce prior to the initial
28 introduction into commerce of a controlled substance in its
29 finished dosage form which it may substantially resemble.
30 Nothing in this subsection (y) prohibits the dispensing
31 or distributing of noncontrolled substances by persons
32 authorized to dispense and distribute controlled substances
33 under this Act, provided that such action would be deemed to
34 be carried out in good faith under subsection (u) if the
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1 substances involved were controlled substances.
2 Nothing in this subsection (y) or in this Act prohibits
3 the manufacture, preparation, propagation, compounding,
4 processing, packaging, advertising or distribution of a drug
5 or drugs by any person registered pursuant to Section 510 of
6 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
7 (y-1) "Mail-order pharmacy" means a pharmacy that is
8 located in a state of the United States, other than Illinois,
9 that delivers, dispenses or distributes, through the United
10 States Postal Service or other common carrier, to Illinois
11 residents, any substance which requires a prescription.
12 (z) "Manufacture" means the production, preparation,
13 propagation, compounding, conversion or processing of a
14 controlled substance, either directly or indirectly, by
15 extraction from substances of natural origin, or
16 independently by means of chemical synthesis, or by a
17 combination of extraction and chemical synthesis, and
18 includes any packaging or repackaging of the substance or
19 labeling of its container, except that this term does not
20 include:
21 (1) by an ultimate user, the preparation or
22 compounding of a controlled substance for his own use; or
23 (2) by a practitioner, or his authorized agent
24 under his supervision, the preparation, compounding,
25 packaging, or labeling of a controlled substance:
26 (a) as an incident to his administering or
27 dispensing of a controlled substance in the course
28 of his professional practice; or
29 (b) as an incident to lawful research,
30 teaching or chemical analysis and not for sale.
31 (aa) "Narcotic drug" means any of the following, whether
32 produced directly or indirectly by extraction from substances
33 of natural origin, or independently by means of chemical
34 synthesis, or by a combination of extraction and chemical
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1 synthesis:
2 (1) opium and opiate, and any salt, compound,
3 derivative, or preparation of opium or opiate;
4 (2) any salt, compound, isomer, derivative, or
5 preparation thereof which is chemically equivalent or
6 identical with any of the substances referred to in
7 clause (1), but not including the isoquinoline alkaloids
8 of opium;
9 (3) opium poppy and poppy straw;
10 (4) coca leaves and any salts, compound, isomer,
11 salt of an isomer, derivative, or preparation of coca
12 leaves including cocaine or ecgonine, and any salt,
13 compound, isomer, derivative, or preparation thereof
14 which is chemically equivalent or identical with any of
15 these substances, but not including decocainized coca
16 leaves or extractions of coca leaves which do not contain
17 cocaine or ecgonine (for the purpose of this paragraph,
18 the term "isomer" includes optical, positional and
19 geometric isomers).
20 (bb) "Nurse" means a registered nurse licensed under The
21 Illinois Nursing Act of 1987.
22 (bb-5) "Nurse practitioner" means a nurse licensed under
23 the Illinois Nursing Act of 1987, certified by a national
24 certifying body in an advanced specialty, and practicing in
25 the advanced specialty area under the direction and
26 supervision of a licensed physician. "Nurse practitioner"
27 includes but is not limited to a certified nurse midwife,
28 certified clinical nurse specialist, or certified registered
29 nurse anesthetist.
30 (cc) "Official prescription blanks" means the triplicate
31 prescription forms supplied to prescribers by the Department
32 for prescribing Schedule II Designated Product controlled
33 substances.
34 (dd) "Opiate" means any substance having an addiction
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1 forming or addiction sustaining liability similar to morphine
2 or being capable of conversion into a drug having addiction
3 forming or addiction sustaining liability.
4 (ee) "Opium poppy" means the plant of the species
5 Papaver somniferum L., except its seeds.
6 (ff) "Parole and Pardon Board" means the Parole and
7 Pardon Board of the State of Illinois or its successor
8 agency.
9 (gg) "Person" means any individual, corporation,
10 mail-order pharmacy, government or governmental subdivision
11 or agency, business trust, estate, trust, partnership or
12 association, or any other entity.
13 (hh) "Pharmacist" means any person who holds a
14 certificate of registration as a registered pharmacist, a
15 local registered pharmacist or a registered assistant
16 pharmacist under the Pharmacy Practice Act of 1987.
17 (ii) "Pharmacy" means any store, ship or other place in
18 which pharmacy is authorized to be practiced under the
19 Pharmacy Practice Act of 1987.
20 (jj) "Poppy straw" means all parts, except the seeds, of
21 the opium poppy, after mowing.
22 (kk) "Practitioner" means a physician, dentist,
23 podiatrist, veterinarian, scientific investigator,
24 pharmacist, nurse practitioner, licensed practical nurse,
25 registered nurse, hospital, laboratory, or pharmacy, or other
26 person licensed, registered, or otherwise lawfully permitted
27 by the United States or this State to distribute, dispense,
28 conduct research with respect to, administer or use in
29 teaching or chemical analysis, a controlled substance in the
30 course of professional practice or research.
31 (ll) "Pre-printed prescription" means a written
32 prescription upon which the designated drug has been
33 indicated prior to the time of issuance.
34 (mm) "Prescriber" means a physician, dentist, podiatrist
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1 or veterinarian who issues a prescription or a nurse
2 practitioner who issues a prescription for a Schedule III,
3 IV, or V controlled substance.
4 (nn) "Prescription" means a lawful written, facsimile,
5 or verbal order of a physician licensed to practice medicine
6 in all its branches, dentist, podiatrist or veterinarian for
7 any controlled substance, or of a nurse practitioner for a
8 Schedule III, IV, or V controlled substance.
9 (oo) "Production" or "produce" means manufacture,
10 planting, cultivating, growing, or harvesting of a controlled
11 substance.
12 (pp) "Registrant" means every person who is required to
13 register under Section 302 of this Act.
14 (qq) "Registry number" means the number assigned to each
15 person authorized to handle controlled substances under the
16 laws of the United States and of this State.
17 (rr) "State" includes the State of Illinois and any
18 state, district, commonwealth, territory, insular possession
19 thereof, and any area subject to the legal authority of the
20 United States of America.
21 (ss) "Ultimate user" means a person who lawfully
22 possesses a controlled substance for his own use or for the
23 use of a member of his household or for administering to an
24 animal owned by him or by a member of his household.
25 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
26 (720 ILCS 570/309.5 new)
27 Sec. 309.5. Nurse practitioners. A nurse practitioner may
28 prescribe Schedule III, IV, and V controlled substances if
29 issuing a prescription under the supervision of a licensed
30 physician and on an official prescription form of the
31 supervising physician.
32 Section 95. No acceleration or delay. Where this Act
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1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.