State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 003 ]

90_SB0372eng

      225 ILCS 95/19            from Ch. 111, par. 4619
          Amends the Physician Assistant Practice Act  of  1987  to
      add a caption.
                                                     LRB9002910DPcc
SB372 Engrossed                                LRB9002910DPcc
 1        AN  ACT  concerning  physician assistants, amending named
 2    Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Pharmacy Practice Act of 1987 is amended
 6    by changing Sections 3 and 4 as follows:
 7        (225 ILCS 85/3) (from Ch. 111, par. 4123)
 8        (Text of Section before amendment by P.A. 89-507)
 9        Sec. 3.  For  the  purpose  of  this  Act,  except  where
10    otherwise limited therein:
11        (a)  "Pharmacy"  or  "Drugstore" means and includes every
12    store, or shop, pharmacy department, or  other  place  where:
13    (l)  pharmaceutical  care is provided by a pharmacist; or (2)
14    drugs, medicines,  or  poisons  are  dispensed,  or  sold  or
15    offered  for sale at retail; or displayed for sale at retail;
16    or  (3)  where   prescriptions   of   physicians,   dentists,
17    veterinarians, or other persons authorized to prescribe drugs
18    within  the  limits of their licenses are compounded, filled,
19    or dispensed; or (4) which has upon it  or  displayed  within
20    it,  or  affixed  to  or  used  in connection with it, a sign
21    bearing  the  word   or   words   "Pharmacist",   "Druggist",
22    "Pharmacy",   "Apothecary",  "Drugstore",  "Medicine  Store",
23    "Prescriptions", "Drugs", "Medicines", or any word  or  words
24    of  similar or like import, either in the English language or
25    any  other  language;  or  (5)   where   the   characteristic
26    prescription sign (Rx) or similar design is exhibited; or (6)
27    any  store, or shop, or other place with respect to which any
28    of the above words, objects, signs or designs are used in any
29    advertisement.
30        (b)  "Drugs" means and includes (l)  articles  recognized
31    in   the   official   United   States  Pharmacopoeia/National
SB372 Engrossed             -2-                LRB9002910DPcc
 1    Formulary (USP/NF),  or  any  supplement  thereto  and  being
 2    intended  for  and  having  for their main use the diagnosis,
 3    cure, mitigation, treatment or prevention of disease  in  man
 4    or  other  animals, as approved by the United States Food and
 5    Drug Administration, but does not include  devices  or  their
 6    components, parts, or accessories; and (2) all other articles
 7    intended  for  and  having  for their main use the diagnosis,
 8    cure, mitigation, treatment or prevention of disease  in  man
 9    or  other  animals, as approved by the United States Food and
10    Drug Administration, but does not include  devices  or  their
11    components,  parts,  or  accessories; and (3) articles (other
12    than food) having for their main use and intended  to  affect
13    the  structure  or  any  function of the body of man or other
14    animals; and (4) articles  having  for  their  main  use  and
15    intended  for use as a component or any articles specified in
16    clause (l), (2) or (3); but does not include devices or their
17    components, parts or accessories.
18        (c)  "Medicines" means and includes  all  drugs  intended
19    for  human  or  veterinary  use approved by the United States
20    Food and Drug Administration.
21        (d)  "Practice  of  pharmacy"  means  the  provision   of
22    pharmaceutical care to patients which may include, but is not
23    limited  to,  (1)  patient counseling, (2) interpretation and
24    assisting in the  monitoring  of  appropriate  drug  use  and
25    prospective    drug   utilization   review,   (3)   providing
26    information  on  the  therapeutic  values,  reactions,   drug
27    interactions,  side  effects,  uses, selection of medications
28    and  medical  devices,  and  outcome  of  drug  therapy,  (4)
29    participation  in  drug  selection,  drug  monitoring,   drug
30    utilization      review,      evaluation,     administration,
31    interpretation, and applying pharmacokinetic  and  laboratory
32    data  to  design  safe  and  effective drug regimens and drug
33    research (clinical and scientific)  when  applicable  in  the
34    pharmacist's  professional  judgment, and (6) compounding and
SB372 Engrossed             -3-                LRB9002910DPcc
 1    dispensing of drugs and medical devices.
 2        (e)  "Prescription" means  and  includes  any  order  for
 3    drugs  or  medical devices, issued by a physician licensed to
 4    practice medicine in all its branches, dentist, veterinarian,
 5    or podiatrist, or by a physician assistant in accordance with
 6    subsection (f) of Section 4, containing  the  following:  (l)
 7    Name  of  the  patient; (2) date when prescription was given;
 8    (3) name and strength of drug or description of  the  medical
 9    device  prescribed; and (4) quantity, (5) directions for use,
10    (6) prescriber's name, address and  signature,  and  (7)  DEA
11    number where required, for controlled substances. DEA numbers
12    shall not be required on inpatient drug orders.
13        (f)  "Person"   means  and  includes  a  natural  person,
14    copartnership, association, or corporation.
15        (g)  "Department" means the  Department  of  Professional
16    Regulation.
17        (h)  "Board of Pharmacy" or "Board" means the State Board
18    of Pharmacy of the Department of Professional Regulation.
19        (i)  "Director"   means   the  Director  of  Professional
20    Regulation.
21        (j)  "Drug product selection" means the interchange for a
22    prescribed pharmaceutical product in accordance with  Section
23    25  of  this  Act and Section 3.14 of the Illinois Food, Drug
24    and Cosmetic Act.
25        (k)  "Inpatient drug order" means an order issued  by  an
26    authorized prescriber for a resident or patient of a facility
27    licensed  under  the  Nursing  Home  Care Act or the Hospital
28    Licensing Act, or "An Act in relation  to  the  founding  and
29    operation  of  the  University  of  Illinois Hospital and the
30    conduct of University  of  Illinois  health  care  programs",
31    approved  July  3,  1931,  as amended, or a facility which is
32    operated by the Department of Mental Health and Developmental
33    Disabilities or the Department of Corrections.
34        (l)  "Pharmacist in charge" means the licensed pharmacist
SB372 Engrossed             -4-                LRB9002910DPcc
 1    whose name appears on a pharmacy license who  is  responsible
 2    for  all  aspects of the operation related to the practice of
 3    pharmacy.
 4        (m)  "Dispense" means the delivery of drugs  and  medical
 5    devices, in accordance with applicable State and federal laws
 6    and   regulations,   to   the   patient   or   the  patient's
 7    representative  authorized   to   receive   these   products,
 8    including  the compounding, packaging, and labeling necessary
 9    for delivery, and any recommending or advising concerning the
10    contents and therapeutic values and uses thereof.
11        (n)  "Mail-order  pharmacy"  means  a  pharmacy  that  is
12    located in a state of the United States, other than Illinois,
13    that delivers, dispenses or distributes, through  the  United
14    States  Postal  Service  or other common carrier, to Illinois
15    residents, any substance which requires a prescription.
16        (o)  "Compounding"   means   the   preparation,   mixing,
17    assembling, packaging, or  labeling  of  a  drug  or  medical
18    device:  (1)  as  the result of a practitioner's prescription
19    drug order or initiative that  is  dispensed  pursuant  to  a
20    prescription  in  the course of professional practice; or (2)
21    for the purpose of, or incident to,  research,  teaching,  or
22    chemical   analysis   and   not  for  sale  or  dispensing  a
23    prescriber's order;  or  (3)  the  preparation  of  drugs  or
24    medical  devices  in anticipation of prescription drug orders
25    based on routine, regularly observed prescribing patterns.
26        (p)  "Confidential   information"   means    information,
27    maintained  by  the  pharmacist  in  the  patient's  records,
28    released  only (i) to the patient or, as the patient directs,
29    to other practitioners and other pharmacists or (ii)  to  any
30    other  person  or  governmental  agency  authorized by law to
31    receive the information.
32        (q)  "Prospective  drug  review"  or  "drug   utilization
33    evaluation"  means  a  review  of the screening for potential
34    drug  therapy  problems  due  to   therapeutic   duplication,
SB372 Engrossed             -5-                LRB9002910DPcc
 1    drug-disease    contraindications,   drug-drug   interactions
 2    (including  serious  interactions  with  nonprescription   or
 3    over-the-counter drugs), incorrect drug dosage or duration of
 4    drug treatment, drug-allergy interactions, and clinical abuse
 5    or misuse.
 6        (r)  "Patient  counseling"  means  the  offer  to counsel
 7    shall be made by the pharmacist or the pharmacist's  designee
 8    in  a face-to-face communication with the patient, unless, in
 9    the professional judgment of the  pharmacists  it  is  deemed
10    inappropriate  or unnecessary. In such instances, it would be
11    permissible for the offer to counsel to be made in a  written
12    communication,  by telephone or in a manner determined by the
13    pharmacist to be appropriate.
14        (s)  "Patient profiles" or "patient drug therapy  record"
15    means  the  obtaining,  recording, and maintenance of patient
16    information.
17        (t)  "Pharmaceutical care" includes, but is  not  limited
18    to,  the  act  of  monitoring drug use and other patient care
19    services  intended  to  achieve  outcomes  that  improve  the
20    patient's quality of life but shall not include the  sale  of
21    over-the-counter  drugs by a seller of goods and services who
22    does not dispense prescription drugs.
23        (u)  "Medical device"  means  an  instrument,  apparatus,
24    implement,  machine,  contrivance, implant, in vitro reagent,
25    or other similar or related article, including any  component
26    part  or  accessory,  required  under federal law to bear the
27    label "Caution: Federal law requires dispensing by or on  the
28    order  of  a  physician". A seller of goods and services who,
29    only for the  purpose  of  retail  sales,  compounds,  sells,
30    rents,  or  leases  medical  devices  shall  not,  by reasons
31    thereof, be required to be a licensed pharmacy.
32    (Source: P.A. 89-202, eff. 7-21-95.)
33        (Text of Section after amendment by P.A. 89-507)
34        Sec. 3.  For  the  purpose  of  this  Act,  except  where
SB372 Engrossed             -6-                LRB9002910DPcc
 1    otherwise limited therein:
 2        (a)  "Pharmacy"  or  "Drugstore" means and includes every
 3    store, or shop, pharmacy department, or  other  place  where:
 4    (l)  pharmaceutical  care is provided by a pharmacist; or (2)
 5    drugs, medicines,  or  poisons  are  dispensed,  or  sold  or
 6    offered  for sale at retail; or displayed for sale at retail;
 7    or  (3)  where   prescriptions   of   physicians,   dentists,
 8    veterinarians, or other persons authorized to prescribe drugs
 9    within  the  limits of their licenses are compounded, filled,
10    or dispensed; or (4) which has upon it  or  displayed  within
11    it,  or  affixed  to  or  used  in connection with it, a sign
12    bearing  the  word   or   words   "Pharmacist",   "Druggist",
13    "Pharmacy",   "Apothecary",  "Drugstore",  "Medicine  Store",
14    "Prescriptions", "Drugs", "Medicines", or any word  or  words
15    of  similar or like import, either in the English language or
16    any  other  language;  or  (5)   where   the   characteristic
17    prescription sign (Rx) or similar design is exhibited; or (6)
18    any  store, or shop, or other place with respect to which any
19    of the above words, objects, signs or designs are used in any
20    advertisement.
21        (b)  "Drugs" means and includes (l)  articles  recognized
22    in   the   official   United   States  Pharmacopoeia/National
23    Formulary (USP/NF),  or  any  supplement  thereto  and  being
24    intended  for  and  having  for their main use the diagnosis,
25    cure, mitigation, treatment or prevention of disease  in  man
26    or  other  animals, as approved by the United States Food and
27    Drug Administration, but does not include  devices  or  their
28    components, parts, or accessories; and (2) all other articles
29    intended  for  and  having  for their main use the diagnosis,
30    cure, mitigation, treatment or prevention of disease  in  man
31    or  other  animals, as approved by the United States Food and
32    Drug Administration, but does not include  devices  or  their
33    components,  parts,  or  accessories; and (3) articles (other
34    than food) having for their main use and intended  to  affect
SB372 Engrossed             -7-                LRB9002910DPcc
 1    the  structure  or  any  function of the body of man or other
 2    animals; and (4) articles  having  for  their  main  use  and
 3    intended  for use as a component or any articles specified in
 4    clause (l), (2) or (3); but does not include devices or their
 5    components, parts or accessories.
 6        (c)  "Medicines" means and includes  all  drugs  intended
 7    for  human  or  veterinary  use approved by the United States
 8    Food and Drug Administration.
 9        (d)  "Practice  of  pharmacy"  means  the  provision   of
10    pharmaceutical care to patients which may include, but is not
11    limited  to,  (1)  patient counseling, (2) interpretation and
12    assisting in the  monitoring  of  appropriate  drug  use  and
13    prospective    drug   utilization   review,   (3)   providing
14    information  on  the  therapeutic  values,  reactions,   drug
15    interactions,  side  effects,  uses, selection of medications
16    and  medical  devices,  and  outcome  of  drug  therapy,  (4)
17    participation  in  drug  selection,  drug  monitoring,   drug
18    utilization      review,      evaluation,     administration,
19    interpretation, and applying pharmacokinetic  and  laboratory
20    data  to  design  safe  and  effective drug regimens and drug
21    research (clinical and scientific)  when  applicable  in  the
22    pharmacist's  professional  judgment, and (6) compounding and
23    dispensing of drugs and medical devices.
24        (e)  "Prescription" means  and  includes  any  order  for
25    drugs  or  medical devices, issued by a physician licensed to
26    practice medicine in all its branches, dentist, veterinarian,
27    or podiatrist, or by a physician assistant in accordance with
28    subsection (f) of Section 4, containing  the  following:  (l)
29    Name  of  the  patient; (2) date when prescription was given;
30    (3) name and strength of drug or description of  the  medical
31    device  prescribed; and (4) quantity, (5) directions for use,
32    (6) prescriber's name, address and  signature,  and  (7)  DEA
33    number where required, for controlled substances. DEA numbers
34    shall not be required on inpatient drug orders.
SB372 Engrossed             -8-                LRB9002910DPcc
 1        (f)  "Person"   means  and  includes  a  natural  person,
 2    copartnership, association, or corporation.
 3        (g)  "Department" means the  Department  of  Professional
 4    Regulation.
 5        (h)  "Board of Pharmacy" or "Board" means the State Board
 6    of Pharmacy of the Department of Professional Regulation.
 7        (i)  "Director"   means   the  Director  of  Professional
 8    Regulation.
 9        (j)  "Drug product selection" means the interchange for a
10    prescribed pharmaceutical product in accordance with  Section
11    25  of  this  Act and Section 3.14 of the Illinois Food, Drug
12    and Cosmetic Act.
13        (k)  "Inpatient drug order" means an order issued  by  an
14    authorized prescriber for a resident or patient of a facility
15    licensed  under  the  Nursing  Home  Care Act or the Hospital
16    Licensing Act, or "An Act in relation  to  the  founding  and
17    operation  of  the  University  of  Illinois Hospital and the
18    conduct of University  of  Illinois  health  care  programs",
19    approved  July  3,  1931,  as amended, or a facility which is
20    operated by the Department of Human Services (as successor to
21    the   Department   of   Mental   Health   and   Developmental
22    Disabilities) or the Department of Corrections.
23        (l)  "Pharmacist in charge" means the licensed pharmacist
24    whose name appears on a pharmacy license who  is  responsible
25    for  all  aspects of the operation related to the practice of
26    pharmacy.
27        (m)  "Dispense" means the delivery of drugs  and  medical
28    devices, in accordance with applicable State and federal laws
29    and   regulations,   to   the   patient   or   the  patient's
30    representative  authorized   to   receive   these   products,
31    including  the compounding, packaging, and labeling necessary
32    for delivery, and any recommending or advising concerning the
33    contents and therapeutic values and uses thereof.
34        (n)  "Mail-order  pharmacy"  means  a  pharmacy  that  is
SB372 Engrossed             -9-                LRB9002910DPcc
 1    located in a state of the United States, other than Illinois,
 2    that delivers, dispenses or distributes, through  the  United
 3    States  Postal  Service  or other common carrier, to Illinois
 4    residents, any substance which requires a prescription.
 5        (o)  "Compounding"   means   the   preparation,   mixing,
 6    assembling, packaging, or  labeling  of  a  drug  or  medical
 7    device:  (1)  as  the result of a practitioner's prescription
 8    drug order or initiative that  is  dispensed  pursuant  to  a
 9    prescription  in  the course of professional practice; or (2)
10    for the purpose of, or incident to,  research,  teaching,  or
11    chemical   analysis   and   not  for  sale  or  dispensing  a
12    prescriber's order;  or  (3)  the  preparation  of  drugs  or
13    medical  devices  in anticipation of prescription drug orders
14    based on routine, regularly observed prescribing patterns.
15        (p)  "Confidential   information"   means    information,
16    maintained  by  the  pharmacist  in  the  patient's  records,
17    released  only (i) to the patient or, as the patient directs,
18    to other practitioners and other pharmacists or (ii)  to  any
19    other  person  or  governmental  agency  authorized by law to
20    receive the information.
21        (q)  "Prospective  drug  review"  or  "drug   utilization
22    evaluation"  means  a  review  of the screening for potential
23    drug  therapy  problems  due  to   therapeutic   duplication,
24    drug-disease    contraindications,   drug-drug   interactions
25    (including  serious  interactions  with  nonprescription   or
26    over-the-counter drugs), incorrect drug dosage or duration of
27    drug treatment, drug-allergy interactions, and clinical abuse
28    or misuse.
29        (r)  "Patient  counseling"  means  the  offer  to counsel
30    shall be made by the pharmacist or the pharmacist's  designee
31    in  a face-to-face communication with the patient, unless, in
32    the professional judgment of the  pharmacists  it  is  deemed
33    inappropriate  or unnecessary. In such instances, it would be
34    permissible for the offer to counsel to be made in a  written
SB372 Engrossed             -10-               LRB9002910DPcc
 1    communication,  by telephone or in a manner determined by the
 2    pharmacist to be appropriate.
 3        (s)  "Patient profiles" or "patient drug therapy  record"
 4    means  the  obtaining,  recording, and maintenance of patient
 5    information.
 6        (t)  "Pharmaceutical care" includes, but is  not  limited
 7    to,  the  act  of  monitoring drug use and other patient care
 8    services  intended  to  achieve  outcomes  that  improve  the
 9    patient's quality of life but shall not include the  sale  of
10    over-the-counter  drugs by a seller of goods and services who
11    does not dispense prescription drugs.
12        (u)  "Medical device"  means  an  instrument,  apparatus,
13    implement,  machine,  contrivance, implant, in vitro reagent,
14    or other similar or related article, including any  component
15    part  or  accessory,  required  under federal law to bear the
16    label "Caution: Federal law requires dispensing by or on  the
17    order  of  a  physician". A seller of goods and services who,
18    only for the  purpose  of  retail  sales,  compounds,  sells,
19    rents,  or  leases  medical  devices  shall  not,  by reasons
20    thereof, be required to be a licensed pharmacy.
21    (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)
22        (225 ILCS 85/4) (from Ch. 111, par. 4124)
23        Sec. 4.  Nothing contained in any  Section  of  this  Act
24    shall apply to, or in any manner interfere with:;
25        (a)  the  lawful  practice  of  any physician licensed to
26    practice medicine in all its branches,  dentist,  podiatrist,
27    veterinarian  or  other persons authorized to prescribe drugs
28    within the limits of their  licenses,  or  prevent  him  from
29    supplying to his bona fide patients such drugs, medicines, or
30    poisons as may seem to him proper;
31        (b)  the sale of compressed gases;
32        (c)  the  sale  of  patent  or  proprietary medicines and
33    household  remedies  when  sold  in  original  and   unbroken
SB372 Engrossed             -11-               LRB9002910DPcc
 1    packages  only,  if  such patent or proprietary medicines and
 2    household remedies be properly and adequately labeled  as  to
 3    content  and  usage  and generally considered and accepted as
 4    harmless  and  nonpoisonous  when  used  according   to   the
 5    directions  on  the  label,  and also do not contain opium or
 6    coca leaves, or any compound, salt or derivative thereof,  or
 7    any  drug  which,  according  to  the  latest editions of the
 8    following   authoritative   pharmaceutical   treatises    and
 9    standards,  namely,  The United States Pharmacopoeia/National
10    Formulary (USP/NF), the United States Dispensatory,  and  the
11    Accepted   Dental   Remedies   of   the   Council  of  Dental
12    Therapeutics of the American Dental  Association  or  any  or
13    either  of them, in use on the effective date of this Act, or
14    according to the existing provisions  of  the  Federal  Food,
15    Drug,  and  Cosmetic Act and Regulations of the Department of
16    Health and Human  Services,  Food  and  Drug  Administration,
17    promulgated   thereunder   now   in  effect,  is  designated,
18    described  or  considered  as  a  narcotic,  hypnotic,  habit
19    forming, dangerous, or poisonous drug;
20        (d)  the  sale  of  poultry  and  livestock  remedies  in
21    original and unbroken packages only, labeled for poultry  and
22    livestock medication; and
23        (e)  the  sale  of  poisonous  substances  or  mixture of
24    poisonous substances, in unbroken packages, for  nonmedicinal
25    use  in  the  arts or industries or for insecticide purposes;
26    provided, they are properly  and  adequately  labeled  as  to
27    content  and  such nonmedicinal usage, in conformity with the
28    provisions of all applicable federal, state  and  local  laws
29    and regulations promulgated thereunder now in effect relating
30    thereto  and governing the same, and those which are required
31    under such applicable laws and regulations to be labeled with
32    the word "Poison", are also labeled with  the  word  "Poison"
33    printed  thereon  in prominent type and the name of a readily
34    obtainable antidote with directions for  its  administration;
SB372 Engrossed             -12-               LRB9002910DPcc
 1    and.
 2        (f)  the  delegation of limited prescriptive authority by
 3    a physician licensed to practice medicine in all its branches
 4    to a physician assistant under Section 7.5 of  the  Physician
 5    Assistant  Practice Act of 1987. This delegated authority may
 6    but is not required to include prescription of Schedule  III,
 7    IV,  or  V controlled substances, as defined in Article II of
 8    the Illinois Controlled Substances Act,  in  accordance  with
 9    written   guidelines  under  Section  7.5  of  the  Physician
10    Assistant Practice Act of 1987.
11    (Source: P.A. 85-796.)
12        Section 10. The Physician Assistant Practice Act of  1987
13    is  amended  by  changing Sections 6, 7, and 21 and by adding
14    Section 7.5 as follows:
15        (225 ILCS 95/6) (from Ch. 111, par. 4606)
16        Sec. 6.  Designation; billing.   No  physician  assistant
17    shall  use  the title of doctor or associate with his name or
18    any other term which would indicate to other persons that  he
19    is  qualified  to engage in the general practice of medicine.
20    A physician assistant shall not be allowed to  bill  patients
21    or  in  any way to charge for services.  Nothing in this Act,
22    however, shall be so construed as to prevent the employer  of
23    a  physician assistant from charging for services rendered by
24    the physician assistant. Payment for services rendered  by  a
25    physician  assistant  shall be made to his or her employer if
26    the payor would have  made  payment  had  the  services  been
27    provided  by a physician licensed to practice medicine in all
28    its branches. The supervising physician shall file  with  the
29    Department  notice  of  employment,  discharge or supervisory
30    control of a physician assistant at the time  of  employment,
31    discharge or assumption of supervisory control of a physician
32    assistant.
SB372 Engrossed             -13-               LRB9002910DPcc
 1    (Source: P.A. 85-981.)
 2        (225 ILCS 95/7) (from Ch. 111, par. 4607)
 3        (Text of Section before amendment by P.A. 89-507)
 4        Sec.  7.  Supervision  requirements.  No  more  than  2 1
 5    physician assistants assistant shall  be  supervised  by  the
 6    supervising  physician,  although a physician assistant shall
 7    be able to hold more than one  professional  position.   Each
 8    supervising  physician  shall file a notice of supervision of
 9    such physician  assistant  according  to  the  rules  of  the
10    Department.  However, the alternate supervising physician may
11    supervise  more  than 2 1 physician assistants assistant when
12    the  supervising  physician  is  unable   to   provide   such
13    supervision  consistent  with  the  definition  of  alternate
14    physician  in  Section  4.   Physician  assistants  shall  be
15    supervised  only by physicians as defined in this Act who are
16    engaged in clinical practice,  or  in  clinical  practice  in
17    public  health  or other community health facilities. Nothing
18    in this Act shall be construed to  limit  the  delegation  of
19    tasks   or  duties  by  a  physician  to  a  nurse  or  other
20    appropriately trained personnel. Nothing in this Act shall be
21    construed  as  to  prohibit  the  employment   of   physician
22    assistants  by  a hospital, nursing home or other health care
23    facility where such physician assistants function  under  the
24    supervision of a supervising physician.  Physician assistants
25    may  be  employed  by  the  Department of Corrections, or the
26    Department of Mental Health  and  Developmental  Disabilities
27    for  service in facilities maintained by such Departments and
28    affiliated training facilities in  programs  conducted  under
29    the  authority of the Director of Corrections or the Director
30    of  the  Department  of  Mental  Health   and   Developmental
31    Disabilities.   Each  physician  assistant  employed  by  the
32    Department of Corrections or the Department of Mental  Health
33    and Developmental Disabilities shall be under the supervision
SB372 Engrossed             -14-               LRB9002910DPcc
 1    of  a  physician  engaged  in  clinical  practice  and direct
 2    patient care.  Duties of each physician assistant employed by
 3    such Departments are limited to those  within  the  scope  of
 4    practice   of   the   supervising   physician  who  is  fully
 5    responsible for all physician assistant activities.
 6    (Source: P.A. 85-981.)
 7        (Text of Section after amendment by P.A. 89-507)
 8        Sec. 7. Supervision requirements.  No  more  than  2  one
 9    physician  assistants  assistant  shall  be supervised by the
10    supervising physician, although a physician  assistant  shall
11    be  able  to  hold more than one professional position.  Each
12    supervising physician shall file a notice of  supervision  of
13    such  physician  assistant  according  to  the  rules  of the
14    Department.  However, the alternate supervising physician may
15    supervise more than 2 one physician assistants assistant when
16    the  supervising  physician  is  unable   to   provide   such
17    supervision  consistent  with  the  definition  of  alternate
18    physician  in  Section  4.   Physician  assistants  shall  be
19    supervised  only by physicians as defined in this Act who are
20    engaged in clinical practice,  or  in  clinical  practice  in
21    public  health  or other community health facilities. Nothing
22    in this Act shall be construed to  limit  the  delegation  of
23    tasks   or  duties  by  a  physician  to  a  nurse  or  other
24    appropriately trained personnel. Nothing in this Act shall be
25    construed to prohibit the employment of physician  assistants
26    by  a  hospital,  nursing  home or other health care facility
27    where  such   physician   assistants   function   under   the
28    supervision of a supervising physician.  Physician assistants
29    may  be  employed  by  the  Department  of Corrections or the
30    Department of Human Services (as successor to the  Department
31    of  Mental Health and Developmental Disabilities) for service
32    in facilities maintained by such Departments  and  affiliated
33    training facilities in programs conducted under the authority
34    of  the  Director  of  Corrections  or the Secretary of Human
SB372 Engrossed             -15-               LRB9002910DPcc
 1    Services.   Each  physician   assistant   employed   by   the
 2    Department of Corrections or the Department of Human Services
 3    (as   successor  to  the  Department  of  Mental  Health  and
 4    Developmental Disabilities) shall be under the supervision of
 5    a physician engaged in clinical practice and  direct  patient
 6    care.   Duties  of  each physician assistant employed by such
 7    Departments are limited to those within the scope of practice
 8    of the supervising physician who is fully responsible for all
 9    physician assistant activities.
10    (Source: P.A. 89-507, eff. 7-1-97.)
11        (225 ILCS 95/7.5 new)
12        Sec. 7.5.  Prescriptions.  A  supervising  physician  may
13    delegate   limited  prescriptive  authority  to  a  physician
14    assistant. This  authority  may,  but  is  not  required  to,
15    include  prescription  of  Schedule  III, IV, or V controlled
16    substances,  as  defined  in  Article  II  of  the   Illinois
17    Controlled  Substances  Act,  as  delegated  in  the  written
18    guidelines  required  by this Act. To prescribe Schedule III,
19    IV,  or  V  controlled  substances  under  this  Section,   a
20    physician  assistant  shall affix the supervising physician's
21    DEA  number  to,  and  individually  sign,  the   appropriate
22    prescription   form  containing  the  printed  names  of  the
23    physician assistant and supervising physician  in  accordance
24    with  the  written  guidelines. Medication orders issued by a
25    physician assistant shall be  reviewed  periodically  by  the
26    supervising  physician.  The supervising physician shall file
27    with the Department  notice  of  delegation  of  prescriptive
28    authority   to  a  physician  assistant  and  termination  of
29    delegation, specifying the authority delegated or terminated.
30    Nothing  in  this  Act  shall  be  construed  to  limit   the
31    delegation  of  tasks or  duties by the supervising physician
32    to a nurse or other appropriately trained personnel.
33        The  Department  shall  establish  by  rule  the  minimum
SB372 Engrossed             -16-               LRB9002910DPcc
 1    requirements for written guidelines to be followed under this
 2    Section.
 3        (225 ILCS 95/21) (from Ch. 111, par. 4621)
 4        Sec. 21. Grounds for Discipline.
 5        (a)  The Department may refuse to issue or to  renew,  or
 6    may   revoke,   suspend,   place  on  probation,  censure  or
 7    reprimand, or take other disciplinary action with  regard  to
 8    any  license issued under this Act as the Department may deem
 9    proper, including the issuance of fines not to  exceed  $5000
10    for  each  violation,  for  any  one  or  combination  of the
11    following causes:
12             (1)   1.  Material   misstatement   in    furnishing
13        information to the Department.;
14             (2)   2.  Violations  of  this  Act,  or  the  rules
15        promulgated hereunder.;
16             (3) 3.  Conviction of any crime under  the  laws  of
17        any  U.S. jurisdiction thereof which is a felony or which
18        is a  misdemeanor,  an  essential  element  of  which  is
19        dishonesty,  or of any crime which is directly related to
20        the practice of the profession.;
21             (4) 4.  Making any misrepresentation for the purpose
22        of obtaining licenses.
23             (5) 5.  Professional incompetence.;
24             (6)  6.  Aiding  or  assisting  another  person   in
25        violating any provision of this Act or Rules.;
26             (7)   7.  Failing,   within   60  days,  to  provide
27        information in response to a written request made by  the
28        Department.;
29             (8)   8.  Engaging  in  dishonorable,  unethical  or
30        unprofessional conduct of a character likely to  deceive,
31        defraud or harm the public.;
32             (9)  9.  Habitual  or  excessive use or addiction to
33        alcohol, narcotics,  stimulants  or  any  other  chemical
SB372 Engrossed             -17-               LRB9002910DPcc
 1        agent  or  drug  which results in a physician assistants'
 2        inability to practice with reasonable judgment, skill  or
 3        safety.;
 4             (10) 10.  Discipline by another U.S. jurisdiction or
 5        foreign  nation,  if  at  least  one of the grounds for a
 6        discipline is the same  or  substantially  equivalent  to
 7        those set forth herein.;
 8             (11)   11.  Directly  or  indirectly  giving  to  or
 9        receiving from any person, firm, corporation, partnership
10        or association any fee, commission, rebate or other  form
11        of   compensation   for  any  professional  services  not
12        actually or personally rendered.;
13             (12) 12.  A finding by the Disciplinary  Board  that
14        the   licensee,   after  having  his  license  placed  on
15        probationary status has violated the terms of probation.;
16             (13) 13.  Abandonment of a patient.;
17             (14) 14.  Willfully making or filing  false  records
18        or  reports in his practice, including but not limited to
19        false records filed with state agencies or departments.;
20             (15) 15.  Willfully failing to report an instance of
21        suspected child abuse  or  neglect  as  required  by  the
22        Abused and Neglected Child Reporting Act.;
23             (16)   16.  Physical   illness,  including  but  not
24        limited to, deterioration through the aging  process,  or
25        loss  of  motor  skill  which results in the inability to
26        practice the profession with reasonable  judgment,  skill
27        or safety.;
28             (17)   17.  Being  named  as  a  perpetrator  in  an
29        indicated report by the Department of Children and Family
30        Services under the Abused and Neglected  Child  Reporting
31        Act, and upon proof by clear and convincing evidence that
32        the  licensee has caused a child to be an abused child or
33        neglected child as defined in the  Abused  and  Neglected
34        Child Reporting Act.;
SB372 Engrossed             -18-               LRB9002910DPcc
 1             (18) 18.  Conviction in this or another state of any
 2        crime  which is a felony under the laws of this State, or
 3        conviction of a felony in a federal court.;
 4             (19) 19.  Gross malpractice resulting  in  permanent
 5        injury or death of a patient.;
 6             (20)  20.  Employment  of  fraud,  deception  or any
 7        unlawful means in applying for or securing a license as a
 8        physician assistant.;
 9             (21) 21.  Exceeding the authority delegated  to  him
10        by his supervising physician in guidelines established by
11        the physician/physician assistant team.;
12             (22)  22.  Immoral  conduct in the commission of any
13        act, such as sexual abuse, sexual  misconduct  or  sexual
14        exploitation, related to the licensee's practice.;
15             (23)   23.  Violation  of  the  Health  Care  Worker
16        Self-Referral Act.
17             (24)  Practicing under  a  false  or  assumed  name,
18        except as provided by law.
19             (25)  Making   a   false   or  misleading  statement
20        regarding his or her skill or the efficacy  or  value  of
21        the  medicine,  treatment, or remedy prescribed by him or
22        her in the course of treatment.
23             (26)  Allowing another person  to  use  his  or  her
24        license to practice.
25             (27)  Prescribing,      selling,      administering,
26        distributing,   giving,   or  self-administering  a  drug
27        classified as a controlled substance (designated product)
28        or narcotic for other than medically-accepted therapeutic
29        purposes.
30             (28)  Promotion  of  the  sale  of  drugs,  devices,
31        appliances, or goods provided for a patient in  a  manner
32        to exploit the patient for financial gain.
33             (29)  A  pattern  of practice or other behavior that
34        demonstrates incapacity or incompetence to practice under
SB372 Engrossed             -19-               LRB9002910DPcc
 1        this Act.
 2             (30)  Violating State or federal laws or regulations
 3        relating to controlled substances.
 4             (31)  Exceeding the limited  prescriptive  authority
 5        delegated  by  the supervising physician or violating the
 6        written guidelines delegating that authority.
 7             (32)  Practicing without providing to the Department
 8        a notice of supervision  or  delegation  of  prescriptive
 9        authority.
10        (b)  The  Department  may  refuse to issue or may suspend
11    the license of any person who fails to file a return,  or  to
12    pay  the tax, penalty or interest shown in a filed return, or
13    to pay any final assessment of the tax, penalty, or  interest
14    as  required  by  any  tax  Act  administered by the Illinois
15    Department of Revenue, until such time as the requirements of
16    any such tax Act are satisfied.
17        (c)  The determination by a circuit court that a licensee
18    is subject to involuntary admission or judicial admission  as
19    provided  in the Mental Health and Developmental Disabilities
20    Code operates as an automatic  suspension.   Such  suspension
21    will  end  only upon a finding by a court that the patient is
22    no  longer  subject  to  involuntary  admission  or  judicial
23    admission and issues an order so finding and discharging  the
24    patient;  and  upon  the  recommendation  of the Disciplinary
25    Board to the Director that the licensee be allowed to  resume
26    his practice.
27    (Source: P.A. 87-1207.)
28        Section  15.  The  Illinois Clinical Laboratory and Blood
29    Bank Act is amended by changing Section 7-101 as follows:
30        (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
31        Sec.  7-101.  Examination  of   specimens.   A   clinical
32    laboratory  shall  examine specimens only at the request of a
SB372 Engrossed             -20-               LRB9002910DPcc
 1    licensed physician, licensed  dentist,  licensed  podiatrist,
 2    licensed  physician  assistant in accordance with the written
 3    guidelines required under subdivision (3) of  Section  4  and
 4    under  Section 7.5 of the Physician Assistant Practice Act of
 5    1987, or authorized law enforcement agency, or, in  the  case
 6    of  blood  alcohol, at the request of the individual for whom
 7    the test is to  be  performed  in  compliance  with  Sections
 8    11-501  and  11-501.1  of  the  Illinois Vehicle Code. If the
 9    request to a laboratory  is  oral,  the  physician  or  other
10    authorized  person  shall  submit  a  written  request to the
11    laboratory within  48  hours.  If  the  laboratory  does  not
12    receive the written request within that period, it shall note
13    that fact in its records.
14    (Source: P.A. 87-1269.)
15        Section  20. The Abused and Neglected Child Reporting Act
16    is amended by changing Section 4 as follows:
17        (325 ILCS 5/4) (from Ch. 23, par. 2054)
18        (Text of Section before amendment by P.A. 89-507)
19        Sec.  4.   Any  physician,  resident,  intern,  hospital,
20    hospital administrator and personnel engaged in  examination,
21    care  and  treatment  of  persons,  surgeon, dentist, dentist
22    hygienist,  osteopath,  chiropractor,  podiatrist,  physician
23    assistant, substance  abuse  treatment  personnel,  Christian
24    Science  practitioner,  funeral  home  director  or employee,
25    coroner,  medical  examiner,  emergency  medical  technician,
26    acupuncturist,  crisis  line  or  hotline  personnel,  school
27    personnel, educational advocate assigned to a child  pursuant
28    to  the  School  Code, truant officers, social worker, social
29    services administrator, domestic violence program  personnel,
30    registered nurse, licensed practical nurse, director or staff
31    assistant  of  a  nursery  school or a child day care center,
32    recreational program or facility personnel,  law  enforcement
SB372 Engrossed             -21-               LRB9002910DPcc
 1    officer,   registered  psychologist  and  assistants  working
 2    under the direct supervision of a psychologist, psychiatrist,
 3    or  field personnel of the Illinois Department of Public Aid,
 4    Public Health, Mental Health and Developmental  Disabilities,
 5    Corrections,   Human   Rights,  Rehabilitation  Services,  or
 6    Children and Family Services, supervisor and administrator of
 7    general  assistance  under  the  Illinois  Public  Aid  Code,
 8    probation officer, or any other foster parent,  homemaker  or
 9    child  care worker having reasonable cause to believe a child
10    known to them in their professional or official capacity  may
11    be  an  abused  child  or a neglected child shall immediately
12    report or cause a  report  to  be  made  to  the  Department.
13    Whenever  such person is required to report under this Act in
14    his capacity as a member of the staff of a medical  or  other
15    public or private institution, school, facility or agency, he
16    shall make report immediately to the Department in accordance
17    with  the  provisions  of  this  Act  and may also notify the
18    person in charge of such  institution,  school,  facility  or
19    agency  or  his  designated  agent  that such report has been
20    made.  Under no circumstances shall any person in  charge  of
21    such   institution,   school,  facility  or  agency,  or  his
22    designated agent to whom such  notification  has  been  made,
23    exercise any control, restraint, modification or other change
24    in  the  report  or  the  forwarding  of  such  report to the
25    Department.  The privileged quality of communication  between
26    any professional person required to report and his patient or
27    client  shall  not  apply  to  situations involving abused or
28    neglected children  and  shall  not  constitute  grounds  for
29    failure  to  report  as required by this Act.  In addition to
30    the above persons  required  to  report  suspected  cases  of
31    abused  or  neglected  children,  any other person may make a
32    report if such person has reasonable cause to believe a child
33    may be an abused child or a neglected child.  Any person  who
34    enters  into  employment  on  and  after  July 1, 1986 and is
SB372 Engrossed             -22-               LRB9002910DPcc
 1    mandated by virtue of that employment to  report  under  this
 2    Act,  shall  sign  a  statement  on  a form prescribed by the
 3    Department, to the effect that the employee has knowledge and
 4    understanding of the reporting requirements of this Act.  The
 5    statement shall  be  signed  prior  to  commencement  of  the
 6    employment.   The  signed  statement shall be retained by the
 7    employer.  The cost of printing, distribution, and filing  of
 8    the statement shall be borne by the employer.  The Department
 9    shall  provide  copies  of  this  Act,  upon  request, to all
10    employers employing persons who shall be required  under  the
11    provisions of this Section to report under this Act.
12        Any  person who knowingly transmits a false report to the
13    Department commits the offense of  disorderly  conduct  under
14    subsection  (a)(7)  of  Section 26-1 of the "Criminal Code of
15    1961". Any person who violates this  provision  a  second  or
16    subsequent time shall be guilty of a Class 4 felony.
17        Any  person  who  knowingly  and  willfully  violates any
18    provision of this Section other than a second  or  subsequent
19    violation  of transmitting a false report as described in the
20    preceding  paragraph,  shall  be  guilty   of   a   Class   A
21    misdemeanor.
22        A child whose parent, guardian or custodian in good faith
23    selects  and  depends  upon  spiritual  means  through prayer
24    alone for the treatment or cure of disease or  remedial  care
25    may  be  considered neglected or abused, but not for the sole
26    reason that his parent, guardian  or  custodian  accepts  and
27    practices such beliefs.
28        A  child  shall  not  be  considered  neglected or abused
29    solely  because  the  child  is  not  attending   school   in
30    accordance  with the requirements of Article 26 of the School
31    Code, as amended.
32    (Source: P.A. 89-363, eff. 1-1-96; 89-706, eff. 1-31-97.)
33        (Text of Section after amendment by P.A. 89-507)
34        Sec.  4.   Any  physician,  resident,  intern,  hospital,
SB372 Engrossed             -23-               LRB9002910DPcc
 1    hospital administrator and personnel engaged in  examination,
 2    care  and  treatment  of  persons,  surgeon, dentist, dentist
 3    hygienist,  osteopath,  chiropractor,  podiatrist,  physician
 4    assistant, substance  abuse  treatment  personnel,  Christian
 5    Science  practitioner,  funeral  home  director  or employee,
 6    coroner,  medical  examiner,  emergency  medical  technician,
 7    acupuncturist,  crisis  line  or  hotline  personnel,  school
 8    personnel, educational advocate assigned to a child  pursuant
 9    to  the  School  Code, truant officers, social worker, social
10    services administrator, domestic violence program  personnel,
11    registered nurse, licensed practical nurse, director or staff
12    assistant  of  a  nursery  school or a child day care center,
13    recreational program or facility personnel,  law  enforcement
14    officer,   registered  psychologist  and  assistants  working
15    under the direct supervision of a psychologist, psychiatrist,
16    or  field personnel of the Illinois Department of Public Aid,
17    Public Health, Human Services (acting  as  successor  to  the
18    Department  of  Mental Health and Developmental Disabilities,
19    Rehabilitation Services, or Public Aid),  Corrections,  Human
20    Rights,  or  Children  and  Family  Services,  supervisor and
21    administrator of general assistance under the Illinois Public
22    Aid Code, probation officer,  or  any  other  foster  parent,
23    homemaker  or  child  care  worker having reasonable cause to
24    believe a child  known  to  them  in  their  professional  or
25    official capacity may be an abused child or a neglected child
26    shall  immediately report or cause a report to be made to the
27    Department.  Whenever such person is required to report under
28    this Act in his capacity as  a  member  of  the  staff  of  a
29    medical  or  other  public  or  private  institution, school,
30    facility or agency, he shall make report immediately  to  the
31    Department  in accordance with the provisions of this Act and
32    may also notify the person in  charge  of  such  institution,
33    school,  facility or agency or his designated agent that such
34    report has been  made.   Under  no  circumstances  shall  any
SB372 Engrossed             -24-               LRB9002910DPcc
 1    person  in  charge  of  such institution, school, facility or
 2    agency, or his designated agent to whom such notification has
 3    been made, exercise any control, restraint,  modification  or
 4    other  change  in the report or the forwarding of such report
 5    to the Department.  The privileged quality  of  communication
 6    between  any  professional  person required to report and his
 7    patient or client shall not  apply  to  situations  involving
 8    abused or neglected children and shall not constitute grounds
 9    for  failure  to report as required by this Act.  In addition
10    to the above persons required to report  suspected  cases  of
11    abused  or  neglected  children,  any other person may make a
12    report if such person has reasonable cause to believe a child
13    may be an abused child or a neglected child.  Any person  who
14    enters  into  employment  on  and  after  July 1, 1986 and is
15    mandated by virtue of that employment to  report  under  this
16    Act,  shall  sign  a  statement  on  a form prescribed by the
17    Department, to the effect that the employee has knowledge and
18    understanding of the reporting requirements of this Act.  The
19    statement shall  be  signed  prior  to  commencement  of  the
20    employment.   The  signed  statement shall be retained by the
21    employer.  The cost of printing, distribution, and filing  of
22    the  statement shall be borne by the employer. The Department
23    shall provide copies  of  this  Act,  upon  request,  to  all
24    employers  employing  persons who shall be required under the
25    provisions of this Section to report under this Act.
26        Any person who knowingly transmits a false report to  the
27    Department  commits  the  offense of disorderly conduct under
28    subsection (a)(7) of Section 26-1 of the  "Criminal  Code  of
29    1961".  Any  person  who  violates this provision a second or
30    subsequent time shall be guilty of a Class 4 felony.
31        Any person  who  knowingly  and  willfully  violates  any
32    provision  of  this Section other than a second or subsequent
33    violation of transmitting a false report as described in  the
34    preceding   paragraph,   shall   be   guilty  of  a  Class  A
SB372 Engrossed             -25-               LRB9002910DPcc
 1    misdemeanor.
 2        A child whose parent, guardian or custodian in good faith
 3    selects and  depends  upon  spiritual  means  through  prayer
 4    alone  for  the treatment or cure of disease or remedial care
 5    may be considered neglected or abused, but not for  the  sole
 6    reason  that  his  parent,  guardian or custodian accepts and
 7    practices such beliefs.
 8        A child shall  not  be  considered  neglected  or  abused
 9    solely   because   the  child  is  not  attending  school  in
10    accordance with the requirements of Article 26 of the  School
11    Code, as amended.
12    (Source:  P.A.  89-363,  eff.  1-1-96;  89-507,  eff. 7-1-97;
13    89-706, eff. 1-31-97.)
14        Section 25.  The Illinois Controlled  Substances  Act  is
15    amended by changing Section 102 as follows:
16        (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
17        (Text of Section before amendment by P.A. 89-507)
18        Sec.  102.   As  used  in  this  Act,  unless the context
19    otherwise requires:
20        (a)  "Addict" means any person who  habitually  uses  any
21    drug,  chemical,  substance  or  dangerous  drug  other  than
22    alcohol  so  as to endanger the public morals, health, safety
23    or welfare or who  is  so  far  addicted  to  the  use  of  a
24    dangerous  drug or controlled substance other than alcohol as
25    to have lost the power of self control with reference to  his
26    addiction.
27        (b)  "Administer"  means  the  direct  application  of  a
28    controlled   substance,  whether  by  injection,  inhalation,
29    ingestion, or any other means, to the body of  a  patient  or
30    research subject by:
31             (1)  a  practitioner  (or,  in  his presence, by his
32        authorized agent), or
SB372 Engrossed             -26-               LRB9002910DPcc
 1             (2)  the patient or research subject at  the  lawful
 2        direction of the practitioner.
 3        (c)  "Agent"  means  an  authorized  person  who  acts on
 4    behalf of or at the direction of a manufacturer, distributor,
 5    or dispenser.  It does  not  include  a  common  or  contract
 6    carrier,  public  warehouseman  or employee of the carrier or
 7    warehouseman.
 8        (c-1)  "Anabolic Steroids" means  any  drug  or  hormonal
 9    substance,   chemically   and  pharmacologically  related  to
10    testosterone   (other   than   estrogens,   progestins,   and
11    corticosteroids) that promotes muscle growth, and includes:
12                  (i)  boldenone,
13                  (ii)  chlorotestosterone,
14                  (iii)  chostebol,
15                  (iv)  dehydrochlormethyltestosterone,
16                  (v)  dihydrotestosterone,
17                  (vi)  drostanolone,
18                  (vii)  ethylestrenol,
19                  (viii)  fluoxymesterone,
20                  (ix)  formebulone,
21                  (x)  mesterolone,
22                  (xi)  methandienone,
23                  (xii)  methandranone,
24                  (xiii)  methandriol,
25                  (xiv)  methandrostenolone,
26                  (xv)  methenolone,
27                  (xvi)  methyltestosterone,
28                  (xvii)  mibolerone,
29                  (xviii)  nandrolone,
30                  (xix)  norethandrolone,
31                  (xx)  oxandrolone,
32                  (xxi)  oxymesterone,
33                  (xxii)  oxymetholone,
34                  (xxiii)  stanolone,
SB372 Engrossed             -27-               LRB9002910DPcc
 1                  (xxiv)  stanozolol,
 2                  (xxv)  testolactone,
 3                  (xxvi)  testosterone,
 4                  (xxvii)  trenbolone, and
 5                  (xxviii)  any salt, ester, or isomer of a  drug
 6             or  substance described or listed in this paragraph,
 7             if that  salt,  ester,  or  isomer  promotes  muscle
 8             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
14    administered through implants to livestock or other  nonhuman
15    species, and which is approved by the Secretary of Health and
16    Human  Services for such administration, and which the person
17    intends to  administer  or  have  administered  through  such
18    implants,  shall  not  be  considered  to  be in unauthorized
19    possession  or   to   unlawfully   manufacture,   distribute,
20    dispense,  deliver,  or  possess  with intent to deliver such
21    anabolic steroid for 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
27    Act whether by transfer from another Schedule or otherwise.
28        (f)  "Controlled  Substance"  means a drug, substance, or
29    immediate precursor in the Schedules of Article  II  of  this
30    Act.
31        (g)  "Counterfeit    substance"    means   a   controlled
32    substance, which, or the  container  or  labeling  of  which,
33    without  authorization  bears  the  trademark, trade name, or
34    other identifying mark, imprint, number  or  device,  or  any
SB372 Engrossed             -28-               LRB9002910DPcc
 1    likeness   thereof,   of   a  manufacturer,  distributor,  or
 2    dispenser other than the person  who  in  fact  manufactured,
 3    distributed, or dispensed the substance.
 4        (h)  "Deliver"    or   "delivery"   means   the   actual,
 5    constructive  or  attempted  transfer  of  possession  of   a
 6    controlled  substance, with or without consideration, whether
 7    or not there is an agency relationship.
 8        (i)  "Department"  means  the  Illinois   Department   of
 9    Alcoholism  and  Substance  Abuse of the State of Illinois or
10    its successor agency.
11        (j)  "Department of State Police" means the Department of
12    State Police of  the  State  of  Illinois  or  its  successor
13    agency.
14        (k)  "Department  of Corrections" means the Department of
15    Corrections of the State of Illinois or its successor agency.
16        (l)  "Department of Professional  Regulation"  means  the
17    Department   of  Professional  Regulation  of  the  State  of
18    Illinois or its successor agency.
19        (m)  "Depressant" or "stimulant substance" means:
20             (1)  a drug  which  contains  any  quantity  of  (i)
21        barbituric  acid  or  any of the salts of barbituric acid
22        which has been designated as habit forming under  section
23        502  (d)  of the Federal Food, Drug, and Cosmetic Act (21
24        U.S.C. 352 (d)); or
25             (2)  a drug  which  contains  any  quantity  of  (i)
26        amphetamine  or  methamphetamine and any of their optical
27        isomers; (ii) any salt of amphetamine or  methamphetamine
28        or any salt of an optical isomer of amphetamine; or (iii)
29        any  substance which the Department, after investigation,
30        has found to be, and by rule designated as, habit forming
31        because of its depressant  or  stimulant  effect  on  the
32        central nervous system; or
33             (3)  lysergic acid diethylamide; or
34             (4)  any  drug  which  contains  any  quantity  of a
SB372 Engrossed             -29-               LRB9002910DPcc
 1        substance which the Department, after investigation,  has
 2        found  to  have,  and  by  rule  designated  as having, a
 3        potential  for  abuse  because  of  its   depressant   or
 4        stimulant  effect  on  the  central nervous system or its
 5        hallucinogenic effect.
 6        (n)  "Designated  product"  means  any   narcotic   drug,
 7    amphetamine,  phenmetrazine,  methamphetamine, gluthethimide,
 8    pentazocine or cannabis product listed  in  Schedule  II  and
 9    also means a controlled substance listed in Schedule II which
10    is  determined  and  designated  by  the  Department  or  its
11    successor  agency  to be such a product. A designated product
12    shall only be dispensed upon an official prescription blank.
13        (o)  "Director" means the Director of the  Department  of
14    State  Police or the Department of Professional Regulation or
15    his designated agents.
16        (p)  "Dispense" means to deliver a  controlled  substance
17    to an ultimate user or research subject by or pursuant to the
18    lawful  order  of  a  prescriber,  including the prescribing,
19    administering, packaging, labeling, or compounding  necessary
20    to prepare the substance for that delivery.
21        (q)  "Dispenser" means a practitioner who dispenses.
22        (r)  "Distribute"   means   to  deliver,  other  than  by
23    administering or dispensing, a controlled substance.
24        (s)  "Distributor" means a person who distributes.
25        (t)  "Drug" means (1) substances recognized as  drugs  in
26    the    official   United   States   Pharmacopoeia,   Official
27    Homeopathic Pharmacopoeia of the United States,  or  official
28    National  Formulary,  or  any  supplement to any of them; (2)
29    substances intended for use in diagnosis,  cure,  mitigation,
30    treatment,  or  prevention  of disease in man or animals; (3)
31    substances (other than food) intended to affect the structure
32    of any function of  the  body  of  man  or  animals  and  (4)
33    substances  intended  for  use  as a component of any article
34    specified in clause (1), (2), or (3) of this subsection.   It
SB372 Engrossed             -30-               LRB9002910DPcc
 1    does  not  include  devices  or  their  components, parts, or
 2    accessories.
 3        (u)  "Good faith" means the prescribing or dispensing  of
 4    a  controlled  substance  by  a  practitioner  in the regular
 5    course of professional treatment to or for any person who  is
 6    under  his  treatment for a pathology or condition other than
 7    that individual's physical or psychological  dependence  upon
 8    or  addiction  to  a controlled substance, except as provided
 9    herein:  and application of the term to  a  pharmacist  shall
10    mean the dispensing of a controlled substance pursuant to the
11    prescriber's  order which in the professional judgment of the
12    pharmacist is lawful.  The  pharmacist  shall  be  guided  by
13    accepted professional standards including, but not limited to
14    the following, in making the judgment:
15             (1)  lack    of    consistency   of   doctor-patient
16        relationship,
17             (2)  frequency of prescriptions for same drug by one
18        prescriber for large numbers of patients,
19             (3)  quantities beyond those normally prescribed,
20             (4)  unusual dosages,
21             (5)  unusual geographic distances  between  patient,
22        pharmacist and prescriber,
23             (6)  consistent prescribing of habit-forming drugs.
24        (u-1)  "Home  infusion  services" means services provided
25    by  a  pharmacy   in   compounding   solutions   for   direct
26    administration to a patient in a private residence, long-term
27    care  facility,  or  hospice  setting by means of parenteral,
28    intravenous,  intramuscular,  subcutaneous,  or   intraspinal
29    infusion.
30        (v)  "Immediate precursor" means a substance:
31             (1)  which  the  Department  has  found to be and by
32        rule designated as being a principal  compound  used,  or
33        produced  primarily  for  use,  in  the  manufacture of a
34        controlled substance;
SB372 Engrossed             -31-               LRB9002910DPcc
 1             (2)  which is  an  immediate  chemical  intermediary
 2        used  or  likely  to  be  used in the manufacture of such
 3        controlled substance; and
 4             (3)  the control of which is necessary  to  prevent,
 5        curtail  or  limit  the  manufacture  of  such controlled
 6        substance.
 7        (w)  "Instructional  activities"  means   the   acts   of
 8    teaching,  educating  or  instructing  by practitioners using
 9    controlled substances within educational facilities  approved
10    by the State Board of Education or its successor agency.
11        (x)  "Local  authorities"  means  a duly organized State,
12    County or Municipal peace unit or police force.
13        (y)  "Look-alike substance" means a substance, other than
14    a controlled substance  which  (1)  by  overall  dosage  unit
15    appearance,  including  shape,  color, size, markings or lack
16    thereof,  taste,  consistency,  or  any   other   identifying
17    physical  characteristic  of  the  substance,  would  lead  a
18    reasonable   person  to  believe  that  the  substance  is  a
19    controlled  substance,  or  (2)  is  expressly  or  impliedly
20    represented to be a controlled substance  or  is  distributed
21    under  circumstances  which would lead a reasonable person to
22    believe that the substance is a controlled substance. For the
23    purpose of determining whether the  representations  made  or
24    the circumstances of the distribution would lead a reasonable
25    person  to believe the substance to be a controlled substance
26    under this clause (2) of subsection (y), the court  or  other
27    authority  may  consider the following factors in addition to
28    any other factor that may be relevant:
29             (a)  statements made  by  the  owner  or  person  in
30        control  of  the  substance concerning its nature, use or
31        effect;
32             (b)  statements made to the buyer or recipient  that
33        the substance may be resold for profit;
34             (c)  whether  the  substance is packaged in a manner
SB372 Engrossed             -32-               LRB9002910DPcc
 1        normally used for the illegal distribution of  controlled
 2        substances;
 3             (d)  whether    the    distribution   or   attempted
 4        distribution included an exchange of or demand for  money
 5        or  other  property  as  consideration,  and  whether the
 6        amount of the  consideration  was  substantially  greater
 7        than the reasonable retail market value of the substance.
 8        Clause  (1)  of  this subsection (y) shall not apply to a
 9    noncontrolled substance in its finished dosage form that  was
10    initially  introduced  into  commerce  prior  to  the initial
11    introduction into commerce of a controlled substance  in  its
12    finished dosage form which it may substantially resemble.
13        Nothing  in  this subsection (y) prohibits the dispensing
14    or  distributing  of  noncontrolled  substances  by   persons
15    authorized  to  dispense and distribute controlled substances
16    under this Act, provided that such action would be deemed  to
17    be  carried  out  in  good  faith under subsection (u) if the
18    substances involved were controlled substances.
19        Nothing in this subsection (y) or in this  Act  prohibits
20    the   manufacture,   preparation,  propagation,  compounding,
21    processing, packaging, advertising or distribution of a  drug
22    or  drugs by any person registered pursuant to Section 510 of
23    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
24        (y-1)  "Mail-order pharmacy" means  a  pharmacy  that  is
25    located in a state of the United States, other than Illinois,
26    that  delivers,  dispenses or distributes, through the United
27    States Postal Service or other common  carrier,  to  Illinois
28    residents, any substance which requires a prescription.
29        (z)  "Manufacture"  means  the  production,  preparation,
30    propagation,  compounding,  conversion  or  processing  of  a
31    controlled  substance,  either  directly  or  indirectly,  by
32    extraction    from   substances   of   natural   origin,   or
33    independently  by  means  of  chemical  synthesis,  or  by  a
34    combination  of  extraction  and  chemical   synthesis,   and
SB372 Engrossed             -33-               LRB9002910DPcc
 1    includes  any  packaging  or  repackaging of the substance or
 2    labeling of its container, except that  this  term  does  not
 3    include:
 4             (1)  by   an   ultimate  user,  the  preparation  or
 5        compounding of a controlled substance for his own use; or
 6             (2)  by a  practitioner,  or  his  authorized  agent
 7        under  his  supervision,  the  preparation,  compounding,
 8        packaging, or labeling of a controlled substance:
 9                  (a)  as  an  incident  to  his administering or
10             dispensing of a controlled substance in  the  course
11             of his professional practice; or
12                  (b)  as   an   incident   to  lawful  research,
13             teaching or chemical analysis and not for sale.
14        (aa)  "Narcotic drug" means any of the following, whether
15    produced directly or indirectly by extraction from substances
16    of natural origin, or  independently  by  means  of  chemical
17    synthesis,  or  by  a  combination of extraction and chemical
18    synthesis:
19             (1)  opium  and  opiate,  and  any  salt,  compound,
20        derivative, or preparation of opium or opiate;
21             (2)  any  salt,  compound,  isomer,  derivative,  or
22        preparation thereof which  is  chemically  equivalent  or
23        identical  with  any  of  the  substances  referred to in
24        clause (1), but not including the isoquinoline  alkaloids
25        of opium;
26             (3)  opium poppy and poppy straw;
27             (4)  coca  leaves  and  any salts, compound, isomer,
28        salt of an isomer, derivative,  or  preparation  of  coca
29        leaves  including  cocaine  or  ecgonine,  and  any salt,
30        compound,  isomer,  derivative,  or  preparation  thereof
31        which is chemically equivalent or identical with  any  of
32        these  substances,  but  not  including decocainized coca
33        leaves or extractions of coca leaves which do not contain
34        cocaine or ecgonine (for the purpose of  this  paragraph,
SB372 Engrossed             -34-               LRB9002910DPcc
 1        the   term  "isomer"  includes  optical,  positional  and
 2        geometric isomers).
 3        (bb)  "Nurse" means a registered nurse licensed under the
 4    Illinois Nursing Act of 1987.
 5        (cc)  "Official prescription blanks" means the triplicate
 6    prescription forms supplied to prescribers by the  Department
 7    for  prescribing  Schedule  II  Designated Product controlled
 8    substances.
 9        (dd)  "Opiate" means any substance  having  an  addiction
10    forming or addiction sustaining liability similar to morphine
11    or  being  capable of conversion into a drug having addiction
12    forming or addiction sustaining liability.
13        (ee)  "Opium  poppy"  means  the  plant  of  the  species
14    Papaver somniferum L., except its seeds.
15        (ff)  "Parole and Pardon  Board"  means  the  Parole  and
16    Pardon  Board  of  the  State  of  Illinois  or its successor
17    agency.
18        (gg)  "Person"   means   any   individual,   corporation,
19    mail-order pharmacy, government or  governmental  subdivision
20    or  agency,  business  trust,  estate,  trust, partnership or
21    association, or any other entity.
22        (hh)  "Pharmacist"  means  any   person   who   holds   a
23    certificate  of  registration  as  a registered pharmacist, a
24    local  registered  pharmacist  or  a   registered   assistant
25    pharmacist under the Pharmacy Practice Act of 1987.
26        (ii)  "Pharmacy"  means any store, ship or other place in
27    which pharmacy  is  authorized  to  be  practiced  under  the
28    Pharmacy Practice Act of 1987.
29        (jj)  "Poppy straw" means all parts, except the seeds, of
30    the opium poppy, after mowing.
31        (kk)  "Practitioner"   means   a  physician  licensed  to
32    practice medicine in all its branches,  dentist,  podiatrist,
33    veterinarian,  scientific investigator, pharmacist, physician
34    assistant,  licensed  practical  nurse,   registered   nurse,
SB372 Engrossed             -35-               LRB9002910DPcc
 1    hospital,  laboratory, or pharmacy, or other person licensed,
 2    registered, or otherwise lawfully  permitted  by  the  United
 3    States   or  this  State  to  distribute,  dispense,  conduct
 4    research with respect to, administer or use  in  teaching  or
 5    chemical  analysis,  a  controlled substance in the course of
 6    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 licensed to practice
11    medicine  in  all  its  branches,  dentist,   podiatrist   or
12    veterinarian   who  issues  a  prescription  or  a  physician
13    assistant who issues a prescription for a Schedule  III,  IV,
14    or  V  controlled  substance  as  delegated  by  a  physician
15    licensed   to  practice  medicine  in  all  its  branches  in
16    accordance with the written guidelines required under Section
17    7.5 of the Physician Assistant Practice Act of 1987.
18        (nn)  "Prescription" means a lawful  written,  facsimile,
19    or  verbal order of a physician licensed to practice medicine
20    in all its branches, dentist, podiatrist or veterinarian  for
21    any  controlled  substance, or of a physician assistant for a
22    Schedule III, IV, or V controlled substance as delegated by a
23    physician licensed to practice medicine in all  its  branches
24    in  accordance  with  the  written  guidelines required under
25    Section 7.5 of the Physician Assistant Practice Act of 1987.
26        (oo)  "Production"  or   "produce"   means   manufacture,
27    planting, cultivating, growing, or harvesting of a controlled
28    substance.
29        (pp)  "Registrant"  means every person who is required to
30    register under Section 302 of this Act.
31        (qq)  "Registry number" means the number assigned to each
32    person authorized to handle controlled substances  under  the
33    laws of the United States and of this State.
34        (rr)  "State"  includes  the  State  of  Illinois and any
SB372 Engrossed             -36-               LRB9002910DPcc
 1    state, district, commonwealth, territory, insular  possession
 2    thereof,  and  any area subject to the legal authority of the
 3    United States of America.
 4        (ss)  "Ultimate  user"  means  a  person   who   lawfully
 5    possesses  a  controlled substance for his own use or for the
 6    use of a member of his household or for administering  to  an
 7    animal owned by him or by a member of his household.
 8    (Source: P.A. 89-202, eff. 10-1-95.)
 9        (Text of Section after amendment by P.A. 89-507)
10        Sec.  102.   As  used  in  this  Act,  unless the context
11    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.
32        (c-1)  "Anabolic Steroids" means  any  drug  or  hormonal
33    substance,   chemically   and  pharmacologically  related  to
34    testosterone   (other   than   estrogens,   progestins,   and
SB372 Engrossed             -37-               LRB9002910DPcc
 1    corticosteroids) that promotes muscle growth, and includes:
 2                  (i)  boldenone,
 3                  (ii)  chlorotestosterone,
 4                  (iii)  chostebol,
 5                  (iv)  dehydrochlormethyltestosterone,
 6                  (v)  dihydrotestosterone,
 7                  (vi)  drostanolone,
 8                  (vii)  ethylestrenol,
 9                  (viii)  fluoxymesterone,
10                  (ix)  formebulone,
11                  (x)  mesterolone,
12                  (xi)  methandienone,
13                  (xii)  methandranone,
14                  (xiii)  methandriol,
15                  (xiv)  methandrostenolone,
16                  (xv)  methenolone,
17                  (xvi)  methyltestosterone,
18                  (xvii)  mibolerone,
19                  (xviii)  nandrolone,
20                  (xix)  norethandrolone,
21                  (xx)  oxandrolone,
22                  (xxi)  oxymesterone,
23                  (xxii)  oxymetholone,
24                  (xxiii)  stanolone,
25                  (xxiv)  stanozolol,
26                  (xxv)  testolactone,
27                  (xxvi)  testosterone,
28                  (xxvii)  trenbolone, and
29                  (xxviii)  any salt, ester, or isomer of a  drug
30             or  substance described or listed in this paragraph,
31             if that  salt,  ester,  or  isomer  promotes  muscle
32             growth.
33        Any  person who is otherwise lawfully in possession of an
34    anabolic steroid, or  who  otherwise  lawfully  manufactures,
SB372 Engrossed             -38-               LRB9002910DPcc
 1    distributes, dispenses, delivers, or possesses with intent to
 2    deliver  an  anabolic  steroid,  which  anabolic  steroid  is
 3    expressly   intended   for   and   lawfully   allowed  to  be
 4    administered through implants to livestock or other  nonhuman
 5    species, and which is approved by the Secretary of Health and
 6    Human  Services for such administration, and which the person
 7    intends to  administer  or  have  administered  through  such
 8    implants,  shall  not  be  considered  to  be in unauthorized
 9    possession  or   to   unlawfully   manufacture,   distribute,
10    dispense,  deliver,  or  possess  with intent to deliver such
11    anabolic steroid for purposes of this Act.
12        (d)  "Administration"   means   the   Drug    Enforcement
13    Administration,  United  States Department of Justice, or its
14    successor agency.
15        (e)  "Control" means to add a drug or other substance, or
16    immediate precursor, to a Schedule under Article II  of  this
17    Act whether by transfer from another Schedule or otherwise.
18        (f)  "Controlled  Substance"  means a drug, substance, or
19    immediate precursor in the Schedules of Article  II  of  this
20    Act.
21        (g)  "Counterfeit    substance"    means   a   controlled
22    substance, which, or the  container  or  labeling  of  which,
23    without  authorization  bears  the  trademark, trade name, or
24    other identifying mark, imprint, number  or  device,  or  any
25    likeness   thereof,   of   a  manufacturer,  distributor,  or
26    dispenser other than the person  who  in  fact  manufactured,
27    distributed, or dispensed the substance.
28        (h)  "Deliver"    or   "delivery"   means   the   actual,
29    constructive  or  attempted  transfer  of  possession  of   a
30    controlled  substance, with or without consideration, whether
31    or not there is an agency relationship.
32        (i)  "Department" means the Illinois Department of  Human
33    Services  (as  successor  to the Department of Alcoholism and
34    Substance Abuse) or its successor agency.
SB372 Engrossed             -39-               LRB9002910DPcc
 1        (j)  "Department of State Police" means the Department of
 2    State Police of  the  State  of  Illinois  or  its  successor
 3    agency.
 4        (k)  "Department  of Corrections" means the Department of
 5    Corrections of the State of Illinois or its successor agency.
 6        (l)  "Department of Professional  Regulation"  means  the
 7    Department   of  Professional  Regulation  of  the  State  of
 8    Illinois or its successor agency.
 9        (m)  "Depressant" or "stimulant substance" means:
10             (1)  a drug  which  contains  any  quantity  of  (i)
11        barbituric  acid  or  any of the salts of barbituric acid
12        which has been designated as habit forming under  section
13        502  (d)  of the Federal Food, Drug, and Cosmetic Act (21
14        U.S.C. 352 (d)); or
15             (2)  a drug  which  contains  any  quantity  of  (i)
16        amphetamine  or  methamphetamine and any of their optical
17        isomers; (ii) any salt of amphetamine or  methamphetamine
18        or any salt of an optical isomer of amphetamine; or (iii)
19        any  substance which the Department, after investigation,
20        has found to be, and by rule designated as, habit forming
21        because of its depressant  or  stimulant  effect  on  the
22        central nervous system; or
23             (3)  lysergic acid diethylamide; or
24             (4)  any  drug  which  contains  any  quantity  of a
25        substance which the Department, after investigation,  has
26        found  to  have,  and  by  rule  designated  as having, a
27        potential  for  abuse  because  of  its   depressant   or
28        stimulant  effect  on  the  central nervous system or its
29        hallucinogenic effect.
30        (n)  "Designated  product"  means  any   narcotic   drug,
31    amphetamine,  phenmetrazine,  methamphetamine, gluthethimide,
32    pentazocine or cannabis product listed  in  Schedule  II  and
33    also means a controlled substance listed in Schedule II which
34    is  determined  and  designated  by  the  Department  or  its
SB372 Engrossed             -40-               LRB9002910DPcc
 1    successor  agency  to be such a product. A designated product
 2    shall only be dispensed upon an official prescription blank.
 3        (o)  "Director" means the Director of the  Department  of
 4    State  Police or the Department of Professional Regulation or
 5    his designated agents.
 6        (p)  "Dispense" means to deliver a  controlled  substance
 7    to an ultimate user or research subject by or pursuant to the
 8    lawful  order  of  a  prescriber,  including the prescribing,
 9    administering, packaging, labeling, or compounding  necessary
10    to prepare the substance for that delivery.
11        (q)  "Dispenser" means a practitioner who dispenses.
12        (r)  "Distribute"   means   to  deliver,  other  than  by
13    administering or dispensing, a controlled substance.
14        (s)  "Distributor" means a person who distributes.
15        (t)  "Drug" means (1) substances recognized as  drugs  in
16    the    official   United   States   Pharmacopoeia,   Official
17    Homeopathic Pharmacopoeia of the United States,  or  official
18    National  Formulary,  or  any  supplement to any of them; (2)
19    substances intended for use in diagnosis,  cure,  mitigation,
20    treatment,  or  prevention  of disease in man or animals; (3)
21    substances (other than food) intended to affect the structure
22    of any function of  the  body  of  man  or  animals  and  (4)
23    substances  intended  for  use  as a component of any article
24    specified in clause (1), (2), or (3) of this subsection.   It
25    does  not  include  devices  or  their  components, parts, or
26    accessories.
27        (u)  "Good faith" means the prescribing or dispensing  of
28    a  controlled  substance  by  a  practitioner  in the regular
29    course of professional treatment to or for any person who  is
30    under  his  treatment for a pathology or condition other than
31    that individual's physical or psychological  dependence  upon
32    or  addiction  to  a controlled substance, except as provided
33    herein:  and application of the term to  a  pharmacist  shall
34    mean the dispensing of a controlled substance pursuant to the
SB372 Engrossed             -41-               LRB9002910DPcc
 1    prescriber's  order which in the professional judgment of the
 2    pharmacist is lawful.  The  pharmacist  shall  be  guided  by
 3    accepted professional standards including, but not limited to
 4    the following, in making the judgment:
 5             (1)  lack    of    consistency   of   doctor-patient
 6        relationship,
 7             (2)  frequency of prescriptions for same drug by one
 8        prescriber for large numbers of patients,
 9             (3)  quantities beyond those normally prescribed,
10             (4)  unusual dosages,
11             (5)  unusual geographic distances  between  patient,
12        pharmacist and prescriber,
13             (6)  consistent prescribing of habit-forming drugs.
14        (u-1)  "Home  infusion  services" means services provided
15    by  a  pharmacy   in   compounding   solutions   for   direct
16    administration to a patient in a private residence, long-term
17    care  facility,  or  hospice  setting by means of parenteral,
18    intravenous,  intramuscular,  subcutaneous,  or   intraspinal
19    infusion.
20        (v)  "Immediate precursor" means a substance:
21             (1)  which  the  Department  has  found to be and by
22        rule designated as being a principal  compound  used,  or
23        produced  primarily  for  use,  in  the  manufacture of a
24        controlled substance;
25             (2)  which is  an  immediate  chemical  intermediary
26        used  or  likely  to  be  used in the manufacture of such
27        controlled substance; and
28             (3)  the control of which is necessary  to  prevent,
29        curtail  or  limit  the  manufacture  of  such controlled
30        substance.
31        (w)  "Instructional  activities"  means   the   acts   of
32    teaching,  educating  or  instructing  by practitioners using
33    controlled substances within educational facilities  approved
34    by the State Board of Education or its successor agency.
SB372 Engrossed             -42-               LRB9002910DPcc
 1        (x)  "Local  authorities"  means  a duly organized State,
 2    County or Municipal peace unit or police force.
 3        (y)  "Look-alike substance" means a substance, other than
 4    a controlled substance  which  (1)  by  overall  dosage  unit
 5    appearance,  including  shape,  color, size, markings or lack
 6    thereof,  taste,  consistency,  or  any   other   identifying
 7    physical  characteristic  of  the  substance,  would  lead  a
 8    reasonable   person  to  believe  that  the  substance  is  a
 9    controlled  substance,  or  (2)  is  expressly  or  impliedly
10    represented to be a controlled substance  or  is  distributed
11    under  circumstances  which would lead a reasonable person to
12    believe that the substance is a controlled substance. For the
13    purpose of determining whether the  representations  made  or
14    the circumstances of the distribution would lead a reasonable
15    person  to believe the substance to be a controlled substance
16    under this clause (2) of subsection (y), the court  or  other
17    authority  may  consider the following factors in addition to
18    any other factor that may be relevant:
19             (a)  statements made  by  the  owner  or  person  in
20        control  of  the  substance concerning its nature, use or
21        effect;
22             (b)  statements made to the buyer or recipient  that
23        the substance may be resold for profit;
24             (c)  whether  the  substance is packaged in a manner
25        normally used for the illegal distribution of  controlled
26        substances;
27             (d)  whether    the    distribution   or   attempted
28        distribution included an exchange of or demand for  money
29        or  other  property  as  consideration,  and  whether the
30        amount of the  consideration  was  substantially  greater
31        than the reasonable retail market value of the substance.
32        Clause  (1)  of  this subsection (y) shall not apply to a
33    noncontrolled substance in its finished dosage form that  was
34    initially  introduced  into  commerce  prior  to  the initial
SB372 Engrossed             -43-               LRB9002910DPcc
 1    introduction into commerce of a controlled substance  in  its
 2    finished dosage form which it may substantially resemble.
 3        Nothing  in  this subsection (y) prohibits the dispensing
 4    or  distributing  of  noncontrolled  substances  by   persons
 5    authorized  to  dispense and distribute controlled substances
 6    under this Act, provided that such action would be deemed  to
 7    be  carried  out  in  good  faith under subsection (u) if the
 8    substances involved were controlled substances.
 9        Nothing in this subsection (y) or in this  Act  prohibits
10    the   manufacture,   preparation,  propagation,  compounding,
11    processing, packaging, advertising or distribution of a  drug
12    or  drugs by any person registered pursuant to Section 510 of
13    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
14        (y-1)  "Mail-order pharmacy" means  a  pharmacy  that  is
15    located in a state of the United States, other than Illinois,
16    that  delivers,  dispenses or distributes, through the United
17    States Postal Service or other common  carrier,  to  Illinois
18    residents, any substance which requires a prescription.
19        (z)  "Manufacture"  means  the  production,  preparation,
20    propagation,  compounding,  conversion  or  processing  of  a
21    controlled  substance,  either  directly  or  indirectly,  by
22    extraction    from   substances   of   natural   origin,   or
23    independently  by  means  of  chemical  synthesis,  or  by  a
24    combination  of  extraction  and  chemical   synthesis,   and
25    includes  any  packaging  or  repackaging of the substance or
26    labeling of its container, except that  this  term  does  not
27    include:
28             (1)  by   an   ultimate  user,  the  preparation  or
29        compounding of a controlled substance for his own use; or
30             (2)  by a  practitioner,  or  his  authorized  agent
31        under  his  supervision,  the  preparation,  compounding,
32        packaging, or labeling of a controlled substance:
33                  (a)  as  an  incident  to  his administering or
34             dispensing of a controlled substance in  the  course
SB372 Engrossed             -44-               LRB9002910DPcc
 1             of his professional practice; or
 2                  (b)  as   an   incident   to  lawful  research,
 3             teaching or chemical analysis and not for sale.
 4        (aa)  "Narcotic drug" means any of the following, whether
 5    produced directly or indirectly by extraction from substances
 6    of natural origin, or  independently  by  means  of  chemical
 7    synthesis,  or  by  a  combination of extraction and chemical
 8    synthesis:
 9             (1)  opium  and  opiate,  and  any  salt,  compound,
10        derivative, or preparation of opium or opiate;
11             (2)  any  salt,  compound,  isomer,  derivative,  or
12        preparation thereof which  is  chemically  equivalent  or
13        identical  with  any  of  the  substances  referred to in
14        clause (1), but not including the isoquinoline  alkaloids
15        of opium;
16             (3)  opium poppy and poppy straw;
17             (4)  coca  leaves  and  any salts, compound, isomer,
18        salt of an isomer, derivative,  or  preparation  of  coca
19        leaves  including  cocaine  or  ecgonine,  and  any salt,
20        compound,  isomer,  derivative,  or  preparation  thereof
21        which is chemically equivalent or identical with  any  of
22        these  substances,  but  not  including decocainized coca
23        leaves or extractions of coca leaves which do not contain
24        cocaine or ecgonine (for the purpose of  this  paragraph,
25        the   term  "isomer"  includes  optical,  positional  and
26        geometric isomers).
27        (bb)  "Nurse" means a registered nurse licensed under the
28    Illinois Nursing Act of 1987.
29        (cc)  "Official prescription blanks" means the triplicate
30    prescription forms supplied to prescribers by the  Department
31    for  prescribing  Schedule  II  Designated Product controlled
32    substances.
33        (dd)  "Opiate" means any substance  having  an  addiction
34    forming or addiction sustaining liability similar to morphine
SB372 Engrossed             -45-               LRB9002910DPcc
 1    or  being  capable of conversion into a drug having addiction
 2    forming or addiction sustaining liability.
 3        (ee)  "Opium  poppy"  means  the  plant  of  the  species
 4    Papaver somniferum L., except its seeds.
 5        (ff)  "Parole and Pardon  Board"  means  the  Parole  and
 6    Pardon  Board  of  the  State  of  Illinois  or its successor
 7    agency.
 8        (gg)  "Person"   means   any   individual,   corporation,
 9    mail-order pharmacy, government or  governmental  subdivision
10    or  agency,  business  trust,  estate,  trust, partnership or
11    association, or any other entity.
12        (hh)  "Pharmacist"  means  any   person   who   holds   a
13    certificate  of  registration  as  a registered pharmacist, a
14    local  registered  pharmacist  or  a   registered   assistant
15    pharmacist under the Pharmacy Practice Act of 1987.
16        (ii)  "Pharmacy"  means any store, ship or other place in
17    which pharmacy  is  authorized  to  be  practiced  under  the
18    Pharmacy Practice Act of 1987.
19        (jj)  "Poppy straw" means all parts, except the seeds, of
20    the opium poppy, after mowing.
21        (kk)  "Practitioner"   means   a  physician  licensed  to
22    practice medicine in all its branches,  dentist,  podiatrist,
23    veterinarian,  scientific investigator, pharmacist, physician
24    assistant,  licensed  practical  nurse,   registered   nurse,
25    hospital,  laboratory, or pharmacy, or other person licensed,
26    registered, or otherwise lawfully  permitted  by  the  United
27    States   or  this  State  to  distribute,  dispense,  conduct
28    research with respect to, administer or use  in  teaching  or
29    chemical  analysis,  a  controlled substance in the course of
30    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 licensed to practice
SB372 Engrossed             -46-               LRB9002910DPcc
 1    medicine  in  all  its  branches,  dentist,   podiatrist   or
 2    veterinarian   who  issues  a  prescription  or  a  physician
 3    assistant who issues a prescription for a Schedule  III,  IV,
 4    or  V  controlled  substance  as  delegated  by  a  physician
 5    licensed   to  practice  medicine  in  all  its  branches  in
 6    accordance with the written guidelines required under Section
 7    7.5 of the Physician Assistant Practice Act of 1987.
 8        (nn)  "Prescription" means a lawful  written,  facsimile,
 9    or  verbal order of a physician licensed to practice medicine
10    in all its branches, dentist, podiatrist or veterinarian  for
11    any  controlled  substance, or of a physician assistant for a
12    Schedule III, IV, or V controlled substance as delegated by a
13    physician licensed to practice medicine in all  its  branches
14    in  accordance  with  the  written  guidelines required under
15    Section 7.5 of the Physician Assistant Practice Act of 1987.
16        (oo)  "Production"  or   "produce"   means   manufacture,
17    planting, cultivating, growing, or harvesting of a controlled
18    substance.
19        (pp)  "Registrant"  means every person who is required to
20    register under Section 302 of this Act.
21        (qq)  "Registry number" means the number assigned to each
22    person authorized to handle controlled substances  under  the
23    laws of the United States and of this State.
24        (rr)  "State"  includes  the  State  of  Illinois and any
25    state, district, commonwealth, territory, insular  possession
26    thereof,  and  any area subject to the legal authority of the
27    United States of America.
28        (ss)  "Ultimate  user"  means  a  person   who   lawfully
29    possesses  a  controlled substance for his own use or for the
30    use of a member of his household or for administering  to  an
31    animal owned by him or by a member of his household.
32    (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
33        Section  95.   No  acceleration or delay.  Where this Act
SB372 Engrossed             -47-               LRB9002910DPcc
 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.
 7        Section 99. Effective date. This Act  takes  effect  upon
 8    becoming law.

[ Top ]