[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] | [ Conference Committee Report 001 ] |
90_SB0859enr
225 ILCS 410/1-11 from Ch. 111, par. 1701-11
Amends the Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985 to exclude from regulation under the
Act certain providers of personal care and health care
services. Effective immediately.
LRB9002932DPks
SB859 Enrolled LRB9002932DPks
1 AN ACT concerning health practitioners.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Medical Practice Act of 1987 is amended
5 by changing Section 11 as follows:
6 (225 ILCS 60/11) (from Ch. 111, par. 4400-11)
7 Sec. 11. Minimum education standards. The minimum
8 standards of professional education to be enforced by the
9 Department in conducting examinations and issuing licenses
10 shall be as follows:
11 (A) Practice of medicine. For the practice of
12 medicine in all of its branches:
13 (1) For applications for licensure under
14 subsection (D) of Section 19 of this Act:
15 (a) that the applicant is a graduate of a
16 medical or osteopathic college in the United
17 States, its territories or Canada, that the
18 applicant has completed a 2 year course of
19 instruction in a college of liberal arts, or
20 its equivalent, and a course of instruction in
21 a medical or osteopathic college approved by
22 the Department or by a private, not for profit
23 accrediting body approved by the Department,
24 and in addition thereto, a course of
25 postgraduate clinical training of not less than
26 12 months as approved by the Department; or
27 (b) that the applicant is a graduate of a
28 medical or osteopathic college located outside
29 the United States, its territories or Canada,
30 and that the degree conferred is officially
31 recognized by the country for the purposes of
SB859 Enrolled -2- LRB9002932DPks
1 licensure, that the applicant has completed a 2
2 year course of instruction in a college of
3 liberal arts or its equivalent, and a course of
4 instruction in a medical or osteopathic college
5 approved by the Department, which course shall
6 have been not less than 132 weeks in duration
7 and shall have been completed within a period
8 of not less than 35 months, and, in addition
9 thereto, has completed a course of postgraduate
10 clinical training of not less than 12 months,
11 as approved by the Department, and has complied
12 with any other standards established by rule
13 taken and passed the Educational Commission of
14 Foreign Medical Graduates Examination.
15 For the purposes of this subparagraph (b)
16 an applicant is considered to be a graduate of
17 a medical college if the degree which is
18 conferred is officially recognized by that
19 country for the purposes of receiving a license
20 to practice medicine in all of its branches or
21 a document is granted by the medical college
22 which certifies the completion of all formal
23 training requirements including any internship
24 and social service; or
25 (c) that the applicant has studied
26 medicine at a medical or osteopathic college
27 located outside the United States, its
28 territories, or Canada, that the applicant has
29 completed a 2 year course of instruction in a
30 college of liberal arts or its equivalent and
31 all of the formal requirements of a foreign
32 medical school except internship and social
33 service, which course shall have been not less
34 than 132 weeks in duration and shall have been
SB859 Enrolled -3- LRB9002932DPks
1 completed within a period of not less than 35
2 months; that the applicant has submitted an
3 application to a medical college accredited by
4 the Liaison Committee on Medical Education and
5 submitted to such evaluation procedures,
6 including use of nationally recognized medical
7 student tests or tests devised by the
8 individual medical college, and that the
9 applicant has satisfactorily completed one
10 academic year of supervised clinical training
11 under the direction of such medical college;
12 and, in addition thereto has completed a course
13 of postgraduate clinical training of not less
14 than 12 months, as approved by the Department,
15 and has complied with any other standards
16 established by rule taken and passed the
17 Educational Commission of Foreign Medical
18 Graduates Examination.
19 (d) Any clinical clerkships must have
20 been completed in compliance with Section 10.3
21 of the Hospital Licensing Act, as amended.
22 (2) Effective January 1, 1988, for
23 applications for licensure made subsequent to
24 January 1, 1988, under Sections 9 or 17 of this Act
25 by individuals not described in paragraph (3) of
26 subsection (A) of Section 11 who graduated after
27 December 31, 1984:
28 (a) that the applicant: (i) graduated
29 from a medical or osteopathic college
30 officially recognized by the jurisdiction in
31 which it is located for the purpose of
32 receiving a license to practice medicine in all
33 of its branches, and the applicant has
34 completed, as defined by the Department, a 6
SB859 Enrolled -4- LRB9002932DPks
1 year postsecondary course of study comprising
2 at least 2 academic years of study in the basic
3 medical sciences; and 2 academic years of study
4 in the clinical sciences, while enrolled in the
5 medical college which conferred the degree, the
6 core rotations of which must have been
7 completed in clinical teaching facilities
8 owned, operated or formally affiliated with the
9 medical college which conferred the degree, or
10 under contract in teaching facilities owned,
11 operated or affiliated with another medical
12 college which is officially recognized by the
13 jurisdiction in which the medical school which
14 conferred the degree is located; or (ii)
15 graduated from a medical or osteopathic college
16 accredited by the Liaison Committee on Medical
17 Education, the Committee on Accreditation of
18 Canadian Medical Schools in conjunction with
19 the Liaison Committee on Medical Education, or
20 the Bureau of Professional Education of the
21 American Osteopathic Association; and, (iii) in
22 addition thereto, has completed a course of
23 postgraduate clinical training of not less than
24 24 months, as approved by the Department; or
25 (b) that the applicant has studied
26 medicine at a medical or osteopathic college
27 located outside the United States, its
28 territories, or Canada, that the applicant, in
29 addition to satisfying the requirements of
30 subparagraph (a), except for the awarding of a
31 degree, has completed all of the formal
32 requirements of a foreign medical school except
33 internship and social service and has submitted
34 an application to a medical college accredited
SB859 Enrolled -5- LRB9002932DPks
1 by the Liaison Committee on Medical Education
2 and submitted to such evaluation procedures,
3 including use of nationally recognized medical
4 student tests or tests devised by the
5 individual medical college, and that the
6 applicant has satisfactorily completed one
7 academic year of supervised clinical training
8 under the direction of such medical college;
9 and, in addition thereto, has completed a
10 course of postgraduate clinical training of not
11 less than 24 months, as approved by the
12 Department, and has complied with any other
13 standards established by rule taken and passed
14 the Educational Commission of Foreign Medical
15 Graduates Examination.
16 (3) (Blank).
17 (4) Any person granted a temporary license
18 pursuant to Section 17 of this Act who shall
19 satisfactorily complete a course of postgraduate
20 clinical training and meet all of the requirements
21 for licensure shall be granted a permanent license
22 pursuant to Section 9.
23 (5) Notwithstanding any other provision of
24 this Section an individual holding a temporary
25 license under Section 17 of this Act shall be
26 required to satisfy the undergraduate medical and
27 post-graduate clinical training educational
28 requirements in effect on the date of their
29 application for a temporary license, provided they
30 apply for a license under Section 9 of this Act and
31 satisfy all other requirements of this Section while
32 their temporary license is in effect.
33 (B) Treating human ailments without drugs and
34 without operative surgery. For the practice of treating
SB859 Enrolled -6- LRB9002932DPks
1 human ailments without the use of drugs and without
2 operative surgery:
3 (1) For an applicant who was a resident
4 student and who is a graduate after July 1, 1926, of
5 a chiropractic college or institution, that such
6 school, college or institution, at the time of the
7 applicant's graduation required as a prerequisite to
8 admission thereto a 4 year course of instruction in
9 a high school, and, as a prerequisite to graduation
10 therefrom, a course of instruction in the treatment
11 of human ailments, of not less than 132 weeks in
12 duration and which shall have been completed within
13 a period of not less than 35 months except that as
14 to students matriculating or entering upon a course
15 of chiropractic study during the years 1940, 1941,
16 1942, 1943, 1944, 1945, 1946, and 1947, such elapsed
17 time shall be not less than 32 months, such high
18 school and such school, college or institution
19 having been reputable and in good standing in the
20 judgment of the Department.
21 (2) For an applicant who is a matriculant in a
22 chiropractic college after September 1, 1969, that
23 such applicant shall be required to complete a 2
24 year course of instruction in a liberal arts college
25 or its equivalent and a course of instruction in a
26 chiropractic college in the treatment of human
27 ailments, such course, as a prerequisite to
28 graduation therefrom, having been not less than 132
29 weeks in duration and shall have been completed
30 within a period of not less than 35 months, such
31 college of liberal arts and chiropractic college
32 having been reputable and in good standing in the
33 judgment of the Department.
34 (3) For an applicant who is a graduate of a
SB859 Enrolled -7- LRB9002932DPks
1 United States chiropractic college after August 19,
2 1981, the college of the applicant must be fully
3 accredited by the Commission on Accreditation of the
4 Council on Chiropractic Education or its successor
5 at the time of graduation. Such graduates shall be
6 considered to have met the minimum requirements
7 which shall be in addition to those requirements set
8 forth in the rules and regulations promulgated by
9 the Department.
10 (4) For an applicant who is a graduate of a
11 chiropractic college in another country; that such
12 chiropractic college be equivalent to the standards
13 of education as set forth for chiropractic colleges
14 located in the United States.
15 (Source: P.A. 89-702, eff. 7-1-97.)
16 Section 5. The Nursing and Advanced Practice Nursing Act
17 is amended by changing Section 15-20 as follows:
18 (225 ILCS 65/15-20)
19 Sec. 15-20. Prescriptive authority.
20 (a) A collaborating physician may, but is not required
21 to, delegate limited prescriptive authority to an advanced
22 practice nurse as part of a written collaborative agreement.
23 This authority may, but is not required to, include
24 prescription and dispensing of legend drugs and legend
25 controlled substances categorized as Schedule III, IV, or V
26 controlled substances, as defined in Article II of the
27 Illinois Controlled Substances Act.
28 (b) To prescribe Schedule III, IV, or V controlled
29 substances under this Section, an advanced practice nurse
30 must obtain a mid-level practitioner controlled substance
31 license shall affix the collaborating physician's DEA number
32 to, and individually sign, the appropriate prescription form
SB859 Enrolled -8- LRB9002932DPks
1 containing the printed names of the advanced practice nurse
2 and collaborating physician in accordance with the written
3 collaborative agreement. Medication orders shall be reviewed
4 periodically by the collaborating physician.
5 (c) The collaborating physician shall file with the
6 Department notice of delegation of prescriptive authority and
7 termination of such delegation, in accordance with rules of
8 the Department. Upon receipt of this notice delegating
9 authority to prescribe Schedule III, IV, or V controlled
10 substances, the licensed advanced practice nurse shall be
11 eligible to register for a mid-level practitioner controlled
12 substance license under Section 303.05 of the Illinois
13 Controlled Substances Act.
14 (d) Nothing in this Act shall be construed to limit the
15 delegation of tasks or duties by a physician to a licensed
16 practical nurse, a registered professional nurse, or other
17 personnel.
18 (Source: P.A. 90-742, eff. 8-13-98.)
19 Section 10. The Physician Assistant Practice Act of 1987
20 is amended by changing Section 7.5 as follows:
21 (225 ILCS 95/7.5)
22 Sec. 7.5. Prescriptions. A supervising physician may
23 delegate limited prescriptive authority to a physician
24 assistant. This authority may, but is not required to,
25 include prescription and dispensing of legend drugs and
26 legend controlled substances categorized as Schedule III, IV,
27 or V controlled substances, as defined in Article II of the
28 Illinois Controlled Substances Act, as delegated in the
29 written guidelines required by this Act. To prescribe
30 Schedule III, IV, or V controlled substances under this
31 Section, a physician assistant must obtain a mid-level
32 practitioner controlled substances license shall affix the
SB859 Enrolled -9- LRB9002932DPks
1 supervising physician's DEA number to, and individually sign,
2 the appropriate prescription form containing the printed
3 names of the physician assistant and supervising physician in
4 accordance with the written guidelines. Medication orders
5 issued by a physician assistant shall be reviewed
6 periodically by the supervising physician. The supervising
7 physician shall file with the Department notice of delegation
8 of prescriptive authority to a physician assistant and
9 termination of delegation, specifying the authority delegated
10 or terminated. Upon receipt of this notice delegating
11 authority to prescribe Schedule III, IV, or V controlled
12 substances, the physician assistant shall be eligible to
13 register for a mid-level practitioner controlled substances
14 license under Section 303.05 of the Illinois Controlled
15 Substances Act. Nothing in this Act shall be construed to
16 limit the delegation of tasks or duties by the supervising
17 physician to a nurse or other appropriately trained
18 personnel.
19 The Department shall establish by rule the minimum
20 requirements for written guidelines to be followed under this
21 Section.
22 (Source: P.A. 90-116, eff. 7-14-97.)
23 Section 15. The Illinois Controlled Substances Act is
24 amended by changing Sections 102 and 303 and adding Section
25 303.05 as follows:
26 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
27 Sec. 102. Definitions. As used in this Act, unless the
28 context otherwise requires:
29 (a) "Addict" means any person who habitually uses any
30 drug, chemical, substance or dangerous drug other than
31 alcohol so as to endanger the public morals, health, safety
32 or welfare or who is so far addicted to the use of a
SB859 Enrolled -10- LRB9002932DPks
1 dangerous drug or controlled substance other than alcohol as
2 to have lost the power of self control with reference to his
3 addiction.
4 (b) "Administer" means the direct application of a
5 controlled substance, whether by injection, inhalation,
6 ingestion, or any other means, to the body of a patient or
7 research subject by:
8 (1) a practitioner (or, in his presence, by his
9 authorized agent), or
10 (2) the patient or research subject at the lawful
11 direction of the practitioner.
12 (c) "Agent" means an authorized person who acts on
13 behalf of or at the direction of a manufacturer, distributor,
14 or dispenser. It does not include a common or contract
15 carrier, public warehouseman or employee of the carrier or
16 warehouseman.
17 (c-1) "Anabolic Steroids" means any drug or hormonal
18 substance, chemically and pharmacologically related to
19 testosterone (other than estrogens, progestins, and
20 corticosteroids) that promotes muscle growth, and includes:
21 (i) boldenone,
22 (ii) chlorotestosterone,
23 (iii) chostebol,
24 (iv) dehydrochlormethyltestosterone,
25 (v) dihydrotestosterone,
26 (vi) drostanolone,
27 (vii) ethylestrenol,
28 (viii) fluoxymesterone,
29 (ix) formebulone,
30 (x) mesterolone,
31 (xi) methandienone,
32 (xii) methandranone,
33 (xiii) methandriol,
34 (xiv) methandrostenolone,
SB859 Enrolled -11- LRB9002932DPks
1 (xv) methenolone,
2 (xvi) methyltestosterone,
3 (xvii) mibolerone,
4 (xviii) nandrolone,
5 (xix) norethandrolone,
6 (xx) oxandrolone,
7 (xxi) oxymesterone,
8 (xxii) oxymetholone,
9 (xxiii) stanolone,
10 (xxiv) stanozolol,
11 (xxv) testolactone,
12 (xxvi) testosterone,
13 (xxvii) trenbolone, and
14 (xxviii) any salt, ester, or isomer of a drug
15 or substance described or listed in this paragraph,
16 if that salt, ester, or isomer promotes muscle
17 growth.
18 Any person who is otherwise lawfully in possession of an
19 anabolic steroid, or who otherwise lawfully manufactures,
20 distributes, dispenses, delivers, or possesses with intent to
21 deliver an anabolic steroid, which anabolic steroid is
22 expressly intended for and lawfully allowed to be
23 administered through implants to livestock or other nonhuman
24 species, and which is approved by the Secretary of Health and
25 Human Services for such administration, and which the person
26 intends to administer or have administered through such
27 implants, shall not be considered to be in unauthorized
28 possession or to unlawfully manufacture, distribute,
29 dispense, deliver, or possess with intent to deliver such
30 anabolic steroid for purposes of this Act.
31 (d) "Administration" means the Drug Enforcement
32 Administration, United States Department of Justice, or its
33 successor agency.
34 (e) "Control" means to add a drug or other substance, or
SB859 Enrolled -12- LRB9002932DPks
1 immediate precursor, to a Schedule under Article II of this
2 Act whether by transfer from another Schedule or otherwise.
3 (f) "Controlled Substance" means a drug, substance, or
4 immediate precursor in the Schedules of Article II of this
5 Act.
6 (g) "Counterfeit substance" means a controlled
7 substance, which, or the container or labeling of which,
8 without authorization bears the trademark, trade name, or
9 other identifying mark, imprint, number or device, or any
10 likeness thereof, of a manufacturer, distributor, or
11 dispenser other than the person who in fact manufactured,
12 distributed, or dispensed the substance.
13 (h) "Deliver" or "delivery" means the actual,
14 constructive or attempted transfer of possession of a
15 controlled substance, with or without consideration, whether
16 or not there is an agency relationship.
17 (i) "Department" means the Illinois Department of Human
18 Services (as successor to the Department of Alcoholism and
19 Substance Abuse) or its successor agency.
20 (j) "Department of State Police" means the Department of
21 State Police of the State of Illinois or its successor
22 agency.
23 (k) "Department of Corrections" means the Department of
24 Corrections of the State of Illinois or its successor agency.
25 (l) "Department of Professional Regulation" means the
26 Department of Professional Regulation of the State of
27 Illinois or its successor agency.
28 (m) "Depressant" or "stimulant substance" means:
29 (1) a drug which contains any quantity of (i)
30 barbituric acid or any of the salts of barbituric acid
31 which has been designated as habit forming under section
32 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
33 U.S.C. 352 (d)); or
34 (2) a drug which contains any quantity of (i)
SB859 Enrolled -13- LRB9002932DPks
1 amphetamine or methamphetamine and any of their optical
2 isomers; (ii) any salt of amphetamine or methamphetamine
3 or any salt of an optical isomer of amphetamine; or (iii)
4 any substance which the Department, after investigation,
5 has found to be, and by rule designated as, habit forming
6 because of its depressant or stimulant effect on the
7 central nervous system; or
8 (3) lysergic acid diethylamide; or
9 (4) any drug which contains any quantity of a
10 substance which the Department, after investigation, has
11 found to have, and by rule designated as having, a
12 potential for abuse because of its depressant or
13 stimulant effect on the central nervous system or its
14 hallucinogenic effect.
15 (n) "Designated product" means any narcotic drug,
16 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
17 pentazocine or cannabis product listed in Schedule II and
18 also means a controlled substance listed in Schedule II which
19 is determined and designated by the Department or its
20 successor agency to be such a product. A designated product
21 shall only be dispensed upon an official prescription blank.
22 (o) "Director" means the Director of the Department of
23 State Police or the Department of Professional Regulation or
24 his designated agents.
25 (p) "Dispense" means to deliver a controlled substance
26 to an ultimate user or research subject by or pursuant to the
27 lawful order of a prescriber, including the prescribing,
28 administering, packaging, labeling, or compounding necessary
29 to prepare the substance for that delivery.
30 (q) "Dispenser" means a practitioner who dispenses.
31 (r) "Distribute" means to deliver, other than by
32 administering or dispensing, a controlled substance.
33 (s) "Distributor" means a person who distributes.
34 (t) "Drug" means (1) substances recognized as drugs in
SB859 Enrolled -14- LRB9002932DPks
1 the official United States Pharmacopoeia, Official
2 Homeopathic Pharmacopoeia of the United States, or official
3 National Formulary, or any supplement to any of them; (2)
4 substances intended for use in diagnosis, cure, mitigation,
5 treatment, or prevention of disease in man or animals; (3)
6 substances (other than food) intended to affect the structure
7 of any function of the body of man or animals and (4)
8 substances intended for use as a component of any article
9 specified in clause (1), (2), or (3) of this subsection. It
10 does not include devices or their components, parts, or
11 accessories.
12 (u) "Good faith" means the prescribing or dispensing of
13 a controlled substance by a practitioner in the regular
14 course of professional treatment to or for any person who is
15 under his treatment for a pathology or condition other than
16 that individual's physical or psychological dependence upon
17 or addiction to a controlled substance, except as provided
18 herein: and application of the term to a pharmacist shall
19 mean the dispensing of a controlled substance pursuant to the
20 prescriber's order which in the professional judgment of the
21 pharmacist is lawful. The pharmacist shall be guided by
22 accepted professional standards including, but not limited to
23 the following, in making the judgment:
24 (1) lack of consistency of doctor-patient
25 relationship,
26 (2) frequency of prescriptions for same drug by one
27 prescriber for large numbers of patients,
28 (3) quantities beyond those normally prescribed,
29 (4) unusual dosages,
30 (5) unusual geographic distances between patient,
31 pharmacist and prescriber,
32 (6) consistent prescribing of habit-forming drugs.
33 (u-1) "Home infusion services" means services provided
34 by a pharmacy in compounding solutions for direct
SB859 Enrolled -15- LRB9002932DPks
1 administration to a patient in a private residence, long-term
2 care facility, or hospice setting by means of parenteral,
3 intravenous, intramuscular, subcutaneous, or intraspinal
4 infusion.
5 (v) "Immediate precursor" means a substance:
6 (1) which the Department has found to be and by
7 rule designated as being a principal compound used, or
8 produced primarily for use, in the manufacture of a
9 controlled substance;
10 (2) which is an immediate chemical intermediary
11 used or likely to be used in the manufacture of such
12 controlled substance; and
13 (3) the control of which is necessary to prevent,
14 curtail or limit the manufacture of such controlled
15 substance.
16 (w) "Instructional activities" means the acts of
17 teaching, educating or instructing by practitioners using
18 controlled substances within educational facilities approved
19 by the State Board of Education or its successor agency.
20 (x) "Local authorities" means a duly organized State,
21 County or Municipal peace unit or police force.
22 (y) "Look-alike substance" means a substance, other than
23 a controlled substance which (1) by overall dosage unit
24 appearance, including shape, color, size, markings or lack
25 thereof, taste, consistency, or any other identifying
26 physical characteristic of the substance, would lead a
27 reasonable person to believe that the substance is a
28 controlled substance, or (2) is expressly or impliedly
29 represented to be a controlled substance or is distributed
30 under circumstances which would lead a reasonable person to
31 believe that the substance is a controlled substance. For the
32 purpose of determining whether the representations made or
33 the circumstances of the distribution would lead a reasonable
34 person to believe the substance to be a controlled substance
SB859 Enrolled -16- LRB9002932DPks
1 under this clause (2) of subsection (y), the court or other
2 authority may consider the following factors in addition to
3 any other factor that may be relevant:
4 (a) statements made by the owner or person in
5 control of the substance concerning its nature, use or
6 effect;
7 (b) statements made to the buyer or recipient that
8 the substance may be resold for profit;
9 (c) whether the substance is packaged in a manner
10 normally used for the illegal distribution of controlled
11 substances;
12 (d) whether the distribution or attempted
13 distribution included an exchange of or demand for money
14 or other property as consideration, and whether the
15 amount of the consideration was substantially greater
16 than the reasonable retail market value of the substance.
17 Clause (1) of this subsection (y) shall not apply to a
18 noncontrolled substance in its finished dosage form that was
19 initially introduced into commerce prior to the initial
20 introduction into commerce of a controlled substance in its
21 finished dosage form which it may substantially resemble.
22 Nothing in this subsection (y) prohibits the dispensing
23 or distributing of noncontrolled substances by persons
24 authorized to dispense and distribute controlled substances
25 under this Act, provided that such action would be deemed to
26 be carried out in good faith under subsection (u) if the
27 substances involved were controlled substances.
28 Nothing in this subsection (y) or in this Act prohibits
29 the manufacture, preparation, propagation, compounding,
30 processing, packaging, advertising or distribution of a drug
31 or drugs by any person registered pursuant to Section 510 of
32 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
33 (y-1) "Mail-order pharmacy" means a pharmacy that is
34 located in a state of the United States, other than Illinois,
SB859 Enrolled -17- LRB9002932DPks
1 that delivers, dispenses or distributes, through the United
2 States Postal Service or other common carrier, to Illinois
3 residents, any substance which requires a prescription.
4 (z) "Manufacture" means the production, preparation,
5 propagation, compounding, conversion or processing of a
6 controlled substance, either directly or indirectly, by
7 extraction from substances of natural origin, or
8 independently by means of chemical synthesis, or by a
9 combination of extraction and chemical synthesis, and
10 includes any packaging or repackaging of the substance or
11 labeling of its container, except that this term does not
12 include:
13 (1) by an ultimate user, the preparation or
14 compounding of a controlled substance for his own use; or
15 (2) by a practitioner, or his authorized agent
16 under his supervision, the preparation, compounding,
17 packaging, or labeling of a controlled substance:
18 (a) as an incident to his administering or
19 dispensing of a controlled substance in the course
20 of his professional practice; or
21 (b) as an incident to lawful research,
22 teaching or chemical analysis and not for sale.
23 (aa) "Narcotic drug" means any of the following, whether
24 produced directly or indirectly by extraction from substances
25 of natural origin, or independently by means of chemical
26 synthesis, or by a combination of extraction and chemical
27 synthesis:
28 (1) opium and opiate, and any salt, compound,
29 derivative, or preparation of opium or opiate;
30 (2) any salt, compound, isomer, derivative, or
31 preparation thereof which is chemically equivalent or
32 identical with any of the substances referred to in
33 clause (1), but not including the isoquinoline alkaloids
34 of opium;
SB859 Enrolled -18- LRB9002932DPks
1 (3) opium poppy and poppy straw;
2 (4) coca leaves and any salts, compound, isomer,
3 salt of an isomer, derivative, or preparation of coca
4 leaves including cocaine or ecgonine, and any salt,
5 compound, isomer, derivative, or preparation thereof
6 which is chemically equivalent or identical with any of
7 these substances, but not including decocainized coca
8 leaves or extractions of coca leaves which do not contain
9 cocaine or ecgonine (for the purpose of this paragraph,
10 the term "isomer" includes optical, positional and
11 geometric isomers).
12 (bb) "Nurse" means a registered nurse licensed under the
13 Nursing and Advanced Practice Nursing Act.
14 (cc) "Official prescription blanks" means the triplicate
15 prescription forms supplied to prescribers by the Department
16 for prescribing Schedule II Designated Product controlled
17 substances.
18 (dd) "Opiate" means any substance having an addiction
19 forming or addiction sustaining liability similar to morphine
20 or being capable of conversion into a drug having addiction
21 forming or addiction sustaining liability.
22 (ee) "Opium poppy" means the plant of the species
23 Papaver somniferum L., except its seeds.
24 (ff) "Parole and Pardon Board" means the Parole and
25 Pardon Board of the State of Illinois or its successor
26 agency.
27 (gg) "Person" means any individual, corporation,
28 mail-order pharmacy, government or governmental subdivision
29 or agency, business trust, estate, trust, partnership or
30 association, or any other entity.
31 (hh) "Pharmacist" means any person who holds a
32 certificate of registration as a registered pharmacist, a
33 local registered pharmacist or a registered assistant
34 pharmacist under the Pharmacy Practice Act of 1987.
SB859 Enrolled -19- LRB9002932DPks
1 (ii) "Pharmacy" means any store, ship or other place in
2 which pharmacy is authorized to be practiced under the
3 Pharmacy Practice Act of 1987.
4 (jj) "Poppy straw" means all parts, except the seeds, of
5 the opium poppy, after mowing.
6 (kk) "Practitioner" means a physician licensed to
7 practice medicine in all its branches, dentist, podiatrist,
8 veterinarian, scientific investigator, pharmacist, physician
9 assistant, advanced practice nurse, licensed practical nurse,
10 registered nurse, hospital, laboratory, or pharmacy, or other
11 person licensed, registered, or otherwise lawfully permitted
12 by the United States or this State to distribute, dispense,
13 conduct research with respect to, administer or use in
14 teaching or chemical analysis, a controlled substance in the
15 course of professional practice or research.
16 (ll) "Pre-printed prescription" means a written
17 prescription upon which the designated drug has been
18 indicated prior to the time of issuance.
19 (mm) "Prescriber" means a physician licensed to practice
20 medicine in all its branches, dentist, podiatrist or
21 veterinarian who issues a prescription, a physician assistant
22 who issues a prescription for a Schedule III, IV, or V
23 controlled substance as delegated by a physician licensed to
24 practice medicine in all its branches in accordance with
25 Section 303.05 and the written guidelines required under
26 Section 7.5 of the Physician Assistant Practice Act of 1987,
27 or an advanced practice nurse with prescriptive authority, as
28 delegated by a physician licensed to practice medicine in all
29 its branches, in accordance with Section 303.05 and a written
30 collaborative agreement under Sections 15-15 and 15-20 of the
31 Nursing and Advanced Practice Nursing Act.
32 (nn) "Prescription" means a lawful written, facsimile,
33 or verbal order of a physician licensed to practice medicine
34 in all its branches, dentist, podiatrist or veterinarian for
SB859 Enrolled -20- LRB9002932DPks
1 any controlled substance, of a physician assistant for a
2 Schedule III, IV, or V controlled substance as delegated by a
3 physician licensed to practice medicine in all its branches
4 in accordance with Section 303.05 and the written guidelines
5 required under Section 7.5 of the Physician Assistant
6 Practice Act of 1987, or of an advanced practice nurse who
7 issues a prescription for a Schedule III, IV, or V controlled
8 substance, pursuant to prescriptive authority delegated by a
9 physician licensed to practice medicine in all its branches,
10 in accordance with Section 303.05 and a written collaborative
11 agreement under Sections 15-15 and 15-20 of the Nursing and
12 Advanced Practice Nursing Act.
13 (oo) "Production" or "produce" means manufacture,
14 planting, cultivating, growing, or harvesting of a controlled
15 substance.
16 (pp) "Registrant" means every person who is required to
17 register under Section 302 of this Act.
18 (qq) "Registry number" means the number assigned to each
19 person authorized to handle controlled substances under the
20 laws of the United States and of this State.
21 (rr) "State" includes the State of Illinois and any
22 state, district, commonwealth, territory, insular possession
23 thereof, and any area subject to the legal authority of the
24 United States of America.
25 (ss) "Ultimate user" means a person who lawfully
26 possesses a controlled substance for his own use or for the
27 use of a member of his household or for administering to an
28 animal owned by him or by a member of his household.
29 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
30 90-116, eff. 7-14-97; 90-742, eff. 8-13-98.)
31 (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
32 Sec. 303. (a) The Department of Professional Regulation
33 shall license register an applicant to manufacture,
SB859 Enrolled -21- LRB9002932DPks
1 distribute or dispense controlled substances included in
2 Sections 204, 206, 208, 210 and 212 of this Act unless it
3 determines that the issuance of that license registration
4 would be inconsistent with the public interest. In
5 determining the public interest, the Department of
6 Professional Regulation shall consider the following:
7 (1) maintenance of effective controls against diversion
8 of controlled substances into other than lawful medical,
9 scientific, or industrial channels;
10 (2) compliance with applicable Federal, State and local
11 law;
12 (3) any convictions of the applicant under any law of
13 the United States or of any State relating to any controlled
14 substance;
15 (4) past experience in the manufacture or distribution
16 of controlled substances, and the existence in the
17 applicant's establishment of effective controls against
18 diversion;
19 (5) furnishing by the applicant of false or fraudulent
20 material in any application filed under this Act;
21 (6) suspension or revocation of the applicant's Federal
22 registration to manufacture, distribute, or dispense
23 controlled substances as authorized by Federal law;
24 (7) whether the applicant is suitably equipped with the
25 facilities appropriate to carry on the operation described in
26 his application;
27 (8) whether the applicant is of good moral character or,
28 if the applicant is a partnership, association, corporation
29 or other organization, whether the partners, directors,
30 governing committee and managing officers are of good moral
31 character;
32 (9) any other factors relevant to and consistent with
33 the public health and safety; and
34 (10) Evidence from court, medical disciplinary and
SB859 Enrolled -22- LRB9002932DPks
1 pharmacy board records and those of State and Federal
2 investigatory bodies that the applicant has not or does not
3 prescribe controlled substances within the provisions of this
4 Act.
5 (b) No license registration shall be granted to or
6 renewed for any person who has within 5 years been convicted
7 of a wilful violation of any law of the United States or any
8 law of any State relating to controlled substances, or who is
9 found to be deficient in any of the matters enumerated in
10 subsections (a)(1) through (a)(8).
11 (c) Licensure Registration under subsection (a) does not
12 entitle a registrant to manufacture, distribute or dispense
13 controlled substances in Schedules I or II other than those
14 specified in the registration.
15 (d) Practitioners who are licensed registered to
16 dispense any controlled substances in Schedules II through V
17 are authorized to conduct instructional activities with
18 controlled substances in Schedules II through V under the law
19 of this State.
20 (e) If an applicant for registration is registered under
21 the Federal law to manufacture, distribute or dispense
22 controlled substances, upon filing a completed application
23 for licensure registration in this State and payment of all
24 fees due hereunder, he shall be licensed registered in this
25 State to the same extent as his Federal registration, unless,
26 within 30 days after completing his application in this
27 State, the Department of Professional Regulation notifies the
28 applicant that his application has not been granted. A
29 practitioner who is in compliance with the Federal law with
30 respect to registration to dispense controlled substances in
31 Schedules II through V need only send a current copy of that
32 Federal registration to the Department of Professional
33 Regulation and he shall be deemed in compliance with the
34 registration provisions of this State.
SB859 Enrolled -23- LRB9002932DPks
1 (f) The fee for registration as a manufacturer or
2 wholesale distributor of controlled substances shall be
3 $50.00 per year, except that the fee for registration as a
4 manufacturer or wholesale distributor of controlled
5 substances that may be dispensed without a prescription under
6 this Act shall be $15.00 per year. The expiration date and
7 renewal period for each controlled substance license
8 certificate of registration issued under this Act shall be
9 set by rule.
10 (Source: P.A. 85-1209.)
11 (720 ILCS 570/303.05 new)
12 Sec. 303.05. Mid-level practitioner registration.
13 (a) The Department of Professional Regulation shall
14 register licensed physician assistants and licensed advanced
15 practice nurses to prescribe and dispense Schedule III, IV,
16 or V controlled substances under Section 303 under the
17 following circumstances:
18 (1) the physician assistant or advanced practice
19 nurse has been delegated prescriptive authority by a
20 physician licensed to practice medicine in all its
21 branches in accordance with Section 7.5 of the Physician
22 Assistant Practice Act of 1987 or Section 15-20 of the
23 Nursing and Advanced Practice Nursing Act; and
24 (2) the physician assistant or advanced practice
25 nurse has completed the appropriate application forms and
26 has paid the required fees as set by rule.
27 (b) The mid-level practitioner shall only be licensed to
28 prescribe those schedules of controlled substances for which
29 a licensed physician has delegated prescriptive authority.
30 (c) Upon completion of all registration requirements,
31 physician assistants and advanced practice nurses shall be
32 issued a mid-level practitioner controlled substances license
33 for Illinois.
SB859 Enrolled -24- LRB9002932DPks
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.