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91_HB2574
LRB9104866DJcd
1 AN ACT concerning controlled substances, 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 Alcoholism and Other Drug Abuse and
6 Dependency Act is amended by changing Section 1-10 as
7 follows:
8 (20 ILCS 301/1-10)
9 Sec. 1-10. Definitions. As used in this Act, unless the
10 context clearly indicates otherwise, the following words and
11 terms have the following meanings:
12 "Act" means the Alcoholism and Other Drug Abuse and
13 Dependency Act.
14 "Addict" means a person who exhibits the disease known as
15 "addiction".
16 "Addiction" means a disease process characterized by the
17 continued non-legitimate or unlawful use of a specific
18 psycho-active substance despite physical, psychological or
19 social harm. The term also describes the advanced stages of
20 chemical dependency.
21 "Administrator" means a person responsible for
22 administration of a program.
23 "Alcoholic" means a person who exhibits the disease known
24 as "alcoholism".
25 "Alcoholism" means a chronic and progressive disease or
26 illness characterized by preoccupation with and loss of
27 control over the consumption of alcohol, and the use of
28 alcohol despite adverse consequences. Typically,
29 combinations of the following tendencies are also present:
30 periodic or chronic intoxication; physical disability;
31 impaired emotional, occupational or social adjustment;
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1 tendency toward relapse; a detrimental effect on the
2 individual, his family and society; psychological dependence;
3 and physical dependence. Alcoholism is also known as
4 addiction to alcohol. Alcoholism is described and further
5 categorized in clinical detail in the DSM and the ICD.
6 "Array of services" means assistance to individuals,
7 families and communities in response to alcohol or other drug
8 abuse or dependency. The array of services includes, but is
9 not limited to: prevention assistance for communities and
10 schools; case finding, assessment and intervention to help
11 individuals stop abusing alcohol or other drugs; case
12 management; detoxification to aid individuals in physically
13 withdrawing from alcohol or other drugs; short-term and
14 long-term treatment and support services to help individuals
15 and family members begin the process of recovery;
16 prescription and dispensing of the drug methadone or other
17 medications as an adjunct to treatment; relapse prevention
18 services; education and counseling for children or other
19 co-dependents of alcoholics or other drug abusers or addicts.
20 "Case management" means those services which will assist
21 individuals in gaining access to needed social, educational,
22 medical, treatment and other services.
23 "Children of alcoholics or drug addicts or abusers of
24 alcohol and other drugs" means the minor or adult children of
25 individuals who have abused or been dependent upon alcohol or
26 other drugs. These children may or may not become dependent
27 upon alcohol or other drugs themselves; however, they are
28 physically, psychologically, and behaviorally at high risk of
29 developing the illness. Children of alcoholics and other
30 drug abusers experience emotional and other problems, and
31 benefit from prevention and treatment services provided by
32 funded and non-funded agencies licensed by the Department.
33 "Co-dependents" means individuals who are involved in the
34 lives of and are affected by people who are dependent upon
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1 alcohol and other drugs. Co-dependents compulsively engage
2 in behaviors that cause them to suffer adverse physical,
3 emotional, familial, social, behavioral, vocational, and
4 legal consequences as they attempt to cope with the alcohol
5 or drug dependent person. People who become co-dependents
6 include spouses, parents, siblings, and friends of alcohol or
7 drug dependent people. Co-dependents benefit from prevention
8 and treatment services provided by agencies licensed by the
9 Department.
10 "Controlled substance" means any substance or immediate
11 precursor which is enumerated in the schedules of Article II
12 of the Illinois Controlled Substances Act or the Cannabis
13 Control Act.
14 "Crime of violence" means any of the following crimes:
15 murder, voluntary manslaughter, criminal sexual assault,
16 aggravated criminal sexual assault, predatory criminal sexual
17 assault of a child, armed robbery, robbery, arson,
18 kidnapping, aggravated battery, aggravated arson, or any
19 other felony which involves the use or threat of physical
20 force or violence against another individual.
21 "Department" means the Illinois Department of Human
22 Services as successor to the former Department of Alcoholism
23 and Substance Abuse.
24 "Designated program" means a program designated by the
25 Department to provide services described in subsection (c) or
26 (d) of Section 15-10 of this Act. A designated program's
27 primary function is screening, assessing, referring and
28 tracking clients identified by the criminal justice system,
29 and the program agrees to apply statewide the standards,
30 uniform criteria and procedures established by the Department
31 pursuant to such designation.
32 "Detoxification" means the process of allowing an
33 individual to safely withdraw from a drug in a controlled
34 environment.
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1 "DSM" means the most current edition of the Diagnostic
2 and Statistical Manual of Mental Disorders.
3 "D.U.I." means driving under the influence of alcohol or
4 other substances which may cause impairment of driving
5 ability.
6 "Facility" means the building or premises which are used
7 for the provision of licensable program services, including
8 support services, as set forth by rule.
9 "ICD" means the most current edition of the International
10 Classification of Diseases.
11 "Incapacitated" means that a person is unconscious or
12 otherwise exhibits, by overt behavior or by extreme physical
13 debilitation, an inability to care for his own needs or to
14 recognize the obvious danger of his situation or to make
15 rational decisions with respect to his need for treatment.
16 "Intermediary person" means a person with expertise
17 relative to addiction, alcoholism, and the abuse of alcohol
18 or other drugs who may be called on to assist the police in
19 carrying out enforcement or other activities with respect to
20 persons who abuse or are dependent on alcohol or other drugs.
21 "Intervention" means readily accessible activities which
22 assist individuals and their partners or family members in
23 coping with the immediate problems of alcohol and other drug
24 abuse or dependency, and in reducing their alcohol and other
25 drug use. Intervention can facilitate emotional and social
26 stability, and involves referring people for further
27 treatment as needed.
28 "Intoxicated person" means a person whose mental or
29 physical functioning is substantially impaired as a result of
30 the current effects of alcohol or other drugs within the
31 body.
32 "Local advisory council" means an alcohol and substance
33 abuse body established in a county, township or community
34 area, which represents public and private entities having an
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1 interest in the prevention and treatment of alcoholism or
2 other drug abuse.
3 "Off-site services" means licensable program services or
4 activities which are conducted at a location separate from
5 the primary service location of the provider, and which
6 services are operated by a program or entity licensed under
7 this Act.
8 "Person" means any individual, firm, group, association,
9 partnership, corporation, trust, government or governmental
10 subdivision or agency.
11 "Prevention" means an interactive process of individuals,
12 families, schools, religious organizations, communities and
13 regional, state and national organizations to reduce
14 alcoholism, prevent the use of illegal drugs and the abuse of
15 legal drugs by persons of all ages, prevent the use of
16 alcohol by minors, build the capacities of individuals and
17 systems, and promote healthy environments, lifestyles and
18 behaviors.
19 "Program" means a licensable or fundable activity or
20 service, or a coordinated range of such activities or
21 services, as the Department may establish by rule.
22 "Recovery" means the long-term, often life-long, process
23 in which an addicted person changes the way in which he makes
24 decisions and establishes personal and life priorities. The
25 evolution of this decision-making and priority-setting
26 process is generally manifested by an obvious improvement in
27 the individual's life and lifestyle and by his overcoming the
28 abuse of or dependence on alcohol or other drugs. Recovery
29 is also generally manifested by prolonged periods of
30 abstinence from addictive chemicals which are not medically
31 supervised. Recovery is the goal of treatment.
32 "Rehabilitation" means a process whereby those clinical
33 services necessary and appropriate for improving an
34 individual's life and lifestyle and for overcoming his or her
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1 abuse of or dependency upon alcohol or other drugs, or both,
2 are delivered in an appropriate setting and manner as defined
3 in rules established by the Department.
4 "Relapse" means a process which is manifested by a
5 progressive pattern of behavior that reactivates the symptoms
6 of a disease or creates debilitating conditions in an
7 individual who has experienced remission from addiction or
8 alcoholism.
9 "Secretary" means the Secretary of Human Services or his
10 or her designee.
11 "Substance abuse" or "abuse" means a pattern of use of
12 alcohol or other drugs with the potential of leading to
13 immediate functional problems or to alcoholism or other drug
14 dependency, or to the use of alcohol and/or other drugs
15 solely for purposes of intoxication. The term also means the
16 use of illegal drugs by persons of any age, and the use of
17 alcohol by persons under the age of 21.
18 "Treatment" means the broad range of emergency,
19 outpatient, intermediate and residential services and care
20 (including assessment, diagnosis, medical, psychiatric,
21 psychological and social services, care and counseling, and
22 aftercare) which may be extended to individuals who abuse or
23 are dependent on alcohol or other drugs or families of those
24 persons.
25 (Source: P.A. 89-202, eff. 7-21-95; 89-428, eff. 12-13-95;
26 89-462, eff. 5-29-96; 89-507, eff. 7-1-97; 90-14, eff.
27 7-1-97; 90-135, eff. 7-22-97.)
28 Section 10. The Medical Practice Act of 1987 is amended
29 by changing Sections 7 and 22 as follows:
30 (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
31 Sec. 7. Medical Disciplinary Board.
32 (A) There is hereby created the Illinois State Medical
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1 Disciplinary Board (hereinafter referred to as the
2 "Disciplinary Board"). The Disciplinary Board shall consist
3 of 9 members, to be appointed by the Governor by and with the
4 advice and consent of the Senate. All shall be residents of
5 the State, not more than 5 of whom shall be members of the
6 same political party. Five members shall be physicians
7 licensed to practice medicine in all of its branches in
8 Illinois possessing the degree of doctor of medicine. Two
9 shall be members of the public, who shall not be engaged in
10 any way, directly or indirectly, as providers of health care.
11 The 2 public members shall act as nonvoting, ex-officio
12 members and shall not be considered in determining the
13 existence, or lack of existence, of a quorum for all purposes
14 for which a quorum may be called pursuant to this Act. One
15 member shall be a physician licensed to practice in Illinois
16 possessing the degree of doctor of osteopathy or osteopathic
17 medicine. One member shall be a physician licensed to
18 practice in Illinois and possessing the degree of doctor of
19 chiropractic. One member shall be a physician licensed to
20 practice medicine in all of its branches in Illinois who has
21 expertise in palliative care.
22 (B) Members of the Disciplinary Board shall be appointed
23 for terms of 4 years. Upon the expiration of the term of any
24 member, their successor shall be appointed for a term of 4
25 years by the Governor by and with the advice and consent of
26 the Senate. The Governor shall fill any vacancy for the
27 remainder of the unexpired term by and with the advice and
28 consent of the Senate. Upon recommendation of the Board, any
29 member of the Disciplinary Board may be removed by the
30 Governor for misfeasance, malfeasance, or wilful neglect of
31 duty, after notice, and a public hearing, unless such notice
32 and hearing shall be expressly waived in writing. Each
33 member shall serve on the Disciplinary Board until their
34 successor is appointed and qualified. No member of the
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1 Disciplinary Board shall serve more than 2 consecutive 4 year
2 terms.
3 In making appointments the Governor shall attempt to
4 insure that the various social and geographic regions of the
5 State of Illinois are properly represented.
6 In making the designation of persons to act for the
7 several professions represented on the Disciplinary Board,
8 the Governor shall give due consideration to recommendations
9 by members of the respective professions and by organizations
10 therein.
11 (C) The Disciplinary Board shall annually elect one of
12 its voting members as chairperson and one as vice
13 chairperson. No officer shall be elected more than twice in
14 succession to the same office. Each officer shall serve
15 until their successor has been elected and qualified.
16 (D) (Blank).
17 (E) Four voting members of the Disciplinary Board shall
18 constitute a quorum. A vacancy in the membership of the
19 Disciplinary Board shall not impair the right of a quorum to
20 exercise all the rights and perform all the duties of the
21 Disciplinary Board. Any action taken by the Disciplinary
22 Board under this Act may be authorized by resolution at any
23 regular or special meeting and each such resolution shall
24 take effect immediately. The Disciplinary Board shall meet
25 at least quarterly. The Disciplinary Board is empowered to
26 adopt all rules and regulations necessary and incident to the
27 powers granted to it under this Act.
28 (F) Each member, and member-officer, of the Disciplinary
29 Board shall receive a per diem stipend as the Director of the
30 Department, hereinafter referred to as the Director, shall
31 determine. The Director shall also determine the per diem
32 stipend that each ex-officio member shall receive. Each
33 member shall be paid their necessary expenses while engaged
34 in the performance of their duties.
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1 (G) The Director shall select a Chief Medical
2 Coordinator and a Deputy Medical Coordinator who shall not be
3 members of the Disciplinary Board. Each medical coordinator
4 shall be a physician licensed to practice medicine in all of
5 its branches, and the Director shall set their rates of
6 compensation. The Director shall assign one medical
7 coordinator to a region composed of Cook County and such
8 other counties as the Director may deem appropriate, and such
9 medical coordinator shall locate their office in Chicago.
10 The Director shall assign the remaining medical coordinator
11 to a region composed of the balance of counties in the State,
12 and such medical coordinator shall locate their office in
13 Springfield. Each medical coordinator shall be the chief
14 enforcement officer of this Act in their assigned region and
15 shall serve at the will of the Disciplinary Board.
16 The Director shall employ, in conformity with the
17 Personnel Code, not less than one full time investigator for
18 every 5000 physicians licensed in the State. Each
19 investigator shall be a college graduate with at least 2
20 years' investigative experience or one year advanced medical
21 education. Upon the written request of the Disciplinary
22 Board, the Director shall employ, in conformity with the
23 Personnel Code, such other professional, technical,
24 investigative, and clerical help, either on a full or
25 part-time basis as the Disciplinary Board deems necessary for
26 the proper performance of its duties.
27 (H) Upon the specific request of the Disciplinary Board,
28 signed by either the chairman, vice chairman, or a medical
29 coordinator of the Disciplinary Board, the Department of
30 Human Services or the Department of State Police shall make
31 available any and all information that they have in their
32 possession regarding a particular case then under
33 investigation by the Disciplinary Board.
34 (I) Members of the Disciplinary Board shall be immune
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1 from suit in any action based upon any disciplinary
2 proceedings or other acts performed in good faith as members
3 of the Disciplinary Board.
4 (J) The Disciplinary Board may compile and establish a
5 statewide roster of physicians and other medical
6 professionals, including the several medical specialties, of
7 such physicians and medical professionals, who have agreed to
8 serve from time to time as advisors to the medical
9 coordinators. Such advisors shall assist the medical
10 coordinators in their investigations and participation in
11 complaints against physicians. Such advisors shall serve
12 under contract and shall be reimbursed at a reasonable rate
13 for the services provided, plus reasonable expenses incurred.
14 While serving in this capacity, the advisor, for any act
15 undertaken in good faith and in the conduct of their duties
16 under this Section, shall be immune from civil suit.
17 (Source: P.A. 89-507, eff. 7-1-97; 89-702, eff. 7-1-97.)
18 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
19 Sec. 22. Disciplinary action.
20 (A) The Department may revoke, suspend, place on
21 probationary status, or take any other disciplinary action as
22 the Department may deem proper with regard to the license or
23 visiting professor permit of any person issued under this Act
24 to practice medicine, or to treat human ailments without the
25 use of drugs and without operative surgery upon any of the
26 following grounds:
27 (1) Performance of an elective abortion in any
28 place, locale, facility, or institution other than:
29 (a) a facility licensed pursuant to the
30 Ambulatory Surgical Treatment Center Act;
31 (b) an institution licensed under the Hospital
32 Licensing Act; or
33 (c) an ambulatory surgical treatment center or
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1 hospitalization or care facility maintained by the
2 State or any agency thereof, where such department
3 or agency has authority under law to establish and
4 enforce standards for the ambulatory surgical
5 treatment centers, hospitalization, or care
6 facilities under its management and control; or
7 (d) ambulatory surgical treatment centers,
8 hospitalization or care facilities maintained by the
9 Federal Government; or
10 (e) ambulatory surgical treatment centers,
11 hospitalization or care facilities maintained by any
12 university or college established under the laws of
13 this State and supported principally by public funds
14 raised by taxation.
15 (2) Performance of an abortion procedure in a
16 wilful and wanton manner on a woman who was not pregnant
17 at the time the abortion procedure was performed.
18 (3) The conviction of a felony in this or any other
19 jurisdiction, except as otherwise provided in subsection
20 B of this Section, whether or not related to practice
21 under this Act, or the entry of a guilty or nolo
22 contendere plea to a felony charge.
23 (4) Gross negligence in practice under this Act.
24 (5) Engaging in dishonorable, unethical or
25 unprofessional conduct of a character likely to deceive,
26 defraud or harm the public.
27 (6) Obtaining any fee by fraud, deceit, or
28 misrepresentation.
29 (7) Habitual or excessive use or abuse of drugs
30 defined in law as controlled substances, of alcohol, or
31 of any other substances which results in the inability to
32 practice with reasonable judgment, skill or safety.
33 (8) Practicing under a false or, except as provided
34 by law, an assumed name.
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1 (9) Fraud or misrepresentation in applying for, or
2 procuring, a license under this Act or in connection with
3 applying for renewal of a license under this Act.
4 (10) Making a false or misleading statement
5 regarding their skill or the efficacy or value of the
6 medicine, treatment, or remedy prescribed by them at
7 their direction in the treatment of any disease or other
8 condition of the body or mind.
9 (11) Allowing another person or organization to use
10 their license, procured under this Act, to practice.
11 (12) Disciplinary action of another state or
12 jurisdiction against a license or other authorization to
13 practice as a medical doctor, doctor of osteopathy,
14 doctor of osteopathic medicine or doctor of chiropractic,
15 a certified copy of the record of the action taken by the
16 other state or jurisdiction being prima facie evidence
17 thereof.
18 (13) Violation of any provision of this Act or of
19 the Medical Practice Act prior to the repeal of that Act,
20 or violation of the rules, or a final administrative
21 action of the Director, after consideration of the
22 recommendation of the Disciplinary Board.
23 (14) Dividing with anyone other than physicians
24 with whom the licensee practices in a partnership,
25 Professional Association, limited liability company, or
26 Medical or Professional Corporation any fee, commission,
27 rebate or other form of compensation for any professional
28 services not actually and personally rendered. Nothing
29 contained in this subsection prohibits persons holding
30 valid and current licenses under this Act from practicing
31 medicine in partnership under a partnership agreement,
32 including a limited liability partnership, in a limited
33 liability company under the Limited Liability Company
34 Act, in a corporation authorized by the Medical
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1 Corporation Act, as an association authorized by the
2 Professional Association Act, or in a corporation under
3 the Professional Corporation Act or from pooling,
4 sharing, dividing or apportioning the fees and monies
5 received by them or by the partnership, corporation or
6 association in accordance with the partnership agreement
7 or the policies of the Board of Directors of the
8 corporation or association. Nothing contained in this
9 subsection prohibits 2 or more corporations authorized by
10 the Medical Corporation Act, from forming a partnership
11 or joint venture of such corporations, and providing
12 medical, surgical and scientific research and knowledge
13 by employees of these corporations if such employees are
14 licensed under this Act, or from pooling, sharing,
15 dividing, or apportioning the fees and monies received by
16 the partnership or joint venture in accordance with the
17 partnership or joint venture agreement. Nothing
18 contained in this subsection shall abrogate the right of
19 2 or more persons, holding valid and current licenses
20 under this Act, to each receive adequate compensation for
21 concurrently rendering professional services to a patient
22 and divide a fee; provided, the patient has full
23 knowledge of the division, and, provided, that the
24 division is made in proportion to the services performed
25 and responsibility assumed by each.
26 (15) A finding by the Medical Disciplinary Board
27 that the registrant after having his or her license
28 placed on probationary status or subjected to conditions
29 or restrictions violated the terms of the probation or
30 failed to comply with such terms or conditions.
31 (16) Abandonment of a patient.
32 (17) Prescribing, selling, administering,
33 distributing, giving or self-administering any drug
34 classified as a controlled substance (designated product)
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1 or narcotic for other than medically accepted therapeutic
2 purposes. For purposes of this paragraph (17), "medically
3 accepted therapeutic purposes" includes palliative care.
4 (18) Promotion of the sale of drugs, devices,
5 appliances or goods provided for a patient in such manner
6 as to exploit the patient for financial gain of the
7 physician.
8 (19) Offering, undertaking or agreeing to cure or
9 treat disease by a secret method, procedure, treatment or
10 medicine, or the treating, operating or prescribing for
11 any human condition by a method, means or procedure which
12 the licensee refuses to divulge upon demand of the
13 Department.
14 (20) Immoral conduct in the commission of any act
15 including, but not limited to, commission of an act of
16 sexual misconduct related to the licensee's practice.
17 (21) Wilfully making or filing false records or
18 reports in his or her practice as a physician, including,
19 but not limited to, false records to support claims
20 against the medical assistance program of the Department
21 of Public Aid under the Illinois Public Aid Code.
22 (22) Wilful omission to file or record, or wilfully
23 impeding the filing or recording, or inducing another
24 person to omit to file or record, medical reports as
25 required by law, or wilfully failing to report an
26 instance of suspected abuse or neglect as required by
27 law.
28 (23) Being named as a perpetrator in an indicated
29 report by the Department of Children and Family Services
30 under the Abused and Neglected Child Reporting Act, and
31 upon proof by clear and convincing evidence that the
32 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.
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1 (24) Solicitation of professional patronage by any
2 corporation, agents or persons, or profiting from those
3 representing themselves to be agents of the licensee.
4 (25) Gross and wilful and continued overcharging
5 for professional services, including filing false
6 statements for collection of fees for which services are
7 not rendered, including, but not limited to, filing such
8 false statements for collection of monies for services
9 not rendered from the medical assistance program of the
10 Department of Public Aid under the Illinois Public Aid
11 Code.
12 (26) A pattern of practice or other behavior which
13 demonstrates incapacity or incompetence to practice under
14 this Act.
15 (27) Mental illness or disability which results in
16 the inability to practice under this Act with reasonable
17 judgment, skill or safety.
18 (28) Physical illness, including, but not limited
19 to, deterioration through the aging process, or loss of
20 motor skill which results in a physician's inability to
21 practice under this Act with reasonable judgment, skill
22 or safety.
23 (29) Cheating on or attempt to subvert the
24 licensing examinations administered under this Act.
25 (30) Wilfully or negligently violating the
26 confidentiality between physician and patient except as
27 required by law.
28 (31) The use of any false, fraudulent, or deceptive
29 statement in any document connected with practice under
30 this Act.
31 (32) Aiding and abetting an individual not licensed
32 under this Act in the practice of a profession licensed
33 under this Act.
34 (33) Violating state or federal laws or regulations
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1 relating to controlled substances.
2 (34) Failure to report to the Department any
3 adverse final action taken against them by another
4 licensing jurisdiction (any other state or any territory
5 of the United States or any foreign state or country), by
6 any peer review body, by any health care institution, by
7 any professional society or association related to
8 practice under this Act, by any governmental agency, by
9 any law enforcement agency, or by any court for acts or
10 conduct similar to acts or conduct which would constitute
11 grounds for action as defined in this Section.
12 (35) Failure to report to the Department surrender
13 of a license or authorization to practice as a medical
14 doctor, a doctor of osteopathy, a doctor of osteopathic
15 medicine, or doctor of chiropractic in another state or
16 jurisdiction, or surrender of membership on any medical
17 staff or in any medical or professional association or
18 society, while under disciplinary investigation by any of
19 those authorities or bodies, for acts or conduct similar
20 to acts or conduct which would constitute grounds for
21 action as defined in this Section.
22 (36) Failure to report to the Department any
23 adverse judgment, settlement, or award arising from a
24 liability claim related to acts or conduct similar to
25 acts or conduct which would constitute grounds for action
26 as defined in this Section.
27 (37) Failure to transfer copies of medical records
28 as required by law.
29 (38) Failure to furnish the Department, its
30 investigators or representatives, relevant information,
31 legally requested by the Department after consultation
32 with the Chief Medical Coordinator or the Deputy Medical
33 Coordinator.
34 (39) Violating the Health Care Worker Self-Referral
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1 Act.
2 (40) Willful failure to provide notice when notice
3 is required under the Parental Notice of Abortion Act of
4 1995.
5 (41) Failure to establish and maintain records of
6 patient care and treatment as required by this law.
7 (42) Entering into an excessive number of written
8 collaborative agreements with licensed advanced practice
9 nurses resulting in an inability to adequately
10 collaborate and provide medical direction.
11 (43) Repeated failure to adequately collaborate
12 with or provide medical direction to a licensed advanced
13 practice nurse.
14 All proceedings to suspend, revoke, place on probationary
15 status, or take any other disciplinary action as the
16 Department may deem proper, with regard to a license on any
17 of the foregoing grounds, must be commenced within 3 years
18 next after receipt by the Department of a complaint alleging
19 the commission of or notice of the conviction order for any
20 of the acts described herein. Except for the grounds
21 numbered (8), (9) and (29), no action shall be commenced more
22 than 5 years after the date of the incident or act alleged to
23 have violated this Section. In the event of the settlement
24 of any claim or cause of action in favor of the claimant or
25 the reduction to final judgment of any civil action in favor
26 of the plaintiff, such claim, cause of action or civil action
27 being grounded on the allegation that a person licensed under
28 this Act was negligent in providing care, the Department
29 shall have an additional period of one year from the date of
30 notification to the Department under Section 23 of this Act
31 of such settlement or final judgment in which to investigate
32 and commence formal disciplinary proceedings under Section 36
33 of this Act, except as otherwise provided by law. The time
34 during which the holder of the license was outside the State
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1 of Illinois shall not be included within any period of time
2 limiting the commencement of disciplinary action by the
3 Department.
4 The entry of an order or judgment by any circuit court
5 establishing that any person holding a license under this Act
6 is a person in need of mental treatment operates as a
7 suspension of that license. That person may resume their
8 practice only upon the entry of a Departmental order based
9 upon a finding by the Medical Disciplinary Board that they
10 have been determined to be recovered from mental illness by
11 the court and upon the Disciplinary Board's recommendation
12 that they be permitted to resume their practice.
13 The Department may refuse to issue or take disciplinary
14 action concerning the license of any person who fails to file
15 a return, or to pay the tax, penalty or interest shown in a
16 filed return, or to pay any final assessment of tax, penalty
17 or interest, as required by any tax Act administered by the
18 Illinois Department of Revenue, until such time as the
19 requirements of any such tax Act are satisfied as determined
20 by the Illinois Department of Revenue.
21 The Department, upon the recommendation of the
22 Disciplinary Board, shall adopt rules which set forth
23 standards to be used in determining:
24 (a) when a person will be deemed sufficiently
25 rehabilitated to warrant the public trust;
26 (b) what constitutes dishonorable, unethical or
27 unprofessional conduct of a character likely to deceive,
28 defraud, or harm the public;
29 (c) what constitutes immoral conduct in the
30 commission of any act, including, but not limited to,
31 commission of an act of sexual misconduct related to the
32 licensee's practice; and
33 (d) what constitutes gross negligence in the
34 practice of medicine.
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1 However, no such rule shall be admissible into evidence
2 in any civil action except for review of a licensing or other
3 disciplinary action under this Act.
4 In enforcing this Section, the Medical Disciplinary
5 Board, upon a showing of a possible violation, may compel any
6 individual licensed to practice under this Act, or who has
7 applied for licensure or a permit pursuant to this Act, to
8 submit to a mental or physical examination, or both, as
9 required by and at the expense of the Department. The
10 examining physician or physicians shall be those specifically
11 designated by the Disciplinary Board. The Medical
12 Disciplinary Board or the Department may order the examining
13 physician to present testimony concerning this mental or
14 physical examination of the licensee or applicant. No
15 information shall be excluded by reason of any common law or
16 statutory privilege relating to communication between the
17 licensee or applicant and the examining physician. The
18 individual to be examined may have, at his or her own
19 expense, another physician of his or her choice present
20 during all aspects of the examination. Failure of any
21 individual to submit to mental or physical examination, when
22 directed, shall be grounds for suspension of his or her
23 license until such time as the individual submits to the
24 examination if the Disciplinary Board finds, after notice and
25 hearing, that the refusal to submit to the examination was
26 without reasonable cause. If the Disciplinary Board finds a
27 physician unable to practice because of the reasons set forth
28 in this Section, the Disciplinary Board shall require such
29 physician to submit to care, counseling, or treatment by
30 physicians approved or designated by the Disciplinary Board,
31 as a condition for continued, reinstated, or renewed
32 licensure to practice. Any physician, whose license was
33 granted pursuant to Sections 9, 17, or 19 of this Act, or,
34 continued, reinstated, renewed, disciplined or supervised,
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1 subject to such terms, conditions or restrictions who shall
2 fail to comply with such terms, conditions or restrictions,
3 or to complete a required program of care, counseling, or
4 treatment, as determined by the Chief Medical Coordinator or
5 Deputy Medical Coordinators, shall be referred to the
6 Director for a determination as to whether the licensee shall
7 have their license suspended immediately, pending a hearing
8 by the Disciplinary Board. In instances in which the
9 Director immediately suspends a license under this Section, a
10 hearing upon such person's license must be convened by the
11 Disciplinary Board within 15 days after such suspension and
12 completed without appreciable delay. The Disciplinary Board
13 shall have the authority to review the subject physician's
14 record of treatment and counseling regarding the impairment,
15 to the extent permitted by applicable federal statutes and
16 regulations safeguarding the confidentiality of medical
17 records.
18 An individual licensed under this Act, affected under
19 this Section, shall be afforded an opportunity to demonstrate
20 to the Disciplinary Board that they can resume practice in
21 compliance with acceptable and prevailing standards under the
22 provisions of their license.
23 The Department may promulgate rules for the imposition of
24 fines in disciplinary cases, not to exceed $5,000 for each
25 violation of this Act. Fines may be imposed in conjunction
26 with other forms of disciplinary action, but shall not be the
27 exclusive disposition of any disciplinary action arising out
28 of conduct resulting in death or injury to a patient. Any
29 funds collected from such fines shall be deposited in the
30 Medical Disciplinary Fund.
31 (B) The Department shall revoke the license or visiting
32 permit of any person issued under this Act to practice
33 medicine or to treat human ailments without the use of drugs
34 and without operative surgery, who has been convicted a
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1 second time of committing any felony under the Illinois
2 Controlled Substances Act, or who has been convicted a second
3 time of committing a Class 1 felony under Sections 8A-3 and
4 8A-6 of the Illinois Public Aid Code. A person whose license
5 or visiting permit is revoked under this subsection B of
6 Section 22 of this Act shall be prohibited from practicing
7 medicine or treating human ailments without the use of drugs
8 and without operative surgery.
9 (C) The Medical Disciplinary Board shall recommend to
10 the Department civil penalties and any other appropriate
11 discipline in disciplinary cases when the Board finds that a
12 physician willfully performed an abortion with actual
13 knowledge that the person upon whom the abortion has been
14 performed is a minor or an incompetent person without notice
15 as required under the Parental Notice of Abortion Act of
16 1995. Upon the Board's recommendation, the Department shall
17 impose, for the first violation, a civil penalty of $1,000
18 and for a second or subsequent violation, a civil penalty of
19 $5,000.
20 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
21 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff.
22 8-13-98.)
23 Section 15. The Illinois Controlled Substances Act is
24 amended by changing Sections 102, 308, 309, 311, 312, and 313
25 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 for a non-legitimate or unlawful use so as to
32 endanger the public morals, health, safety or welfare or who
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1 is so far addicted to the non-legitimate or unlawful use of a
2 dangerous drug or controlled substance other than alcohol as
3 to have lost the power of self control with reference to his
4 addiction.
5 (b) "Administer" means the direct application of a
6 controlled substance, whether by injection, inhalation,
7 ingestion, or any other means, to the body of a patient or
8 research subject by:
9 (1) a practitioner (or, in his presence, by his
10 authorized agent), or
11 (2) the patient or research subject at the lawful
12 direction of the practitioner.
13 (c) "Agent" means an authorized person who acts on
14 behalf of or at the direction of a manufacturer, distributor,
15 or dispenser. It does not include a common or contract
16 carrier, public warehouseman or employee of the carrier or
17 warehouseman.
18 (c-1) "Anabolic Steroids" means any drug or hormonal
19 substance, chemically and pharmacologically related to
20 testosterone (other than estrogens, progestins, and
21 corticosteroids) that promotes muscle growth, and includes:
22 (i) boldenone,
23 (ii) chlorotestosterone,
24 (iii) chostebol,
25 (iv) dehydrochlormethyltestosterone,
26 (v) dihydrotestosterone,
27 (vi) drostanolone,
28 (vii) ethylestrenol,
29 (viii) fluoxymesterone,
30 (ix) formebulone,
31 (x) mesterolone,
32 (xi) methandienone,
33 (xii) methandranone,
34 (xiii) methandriol,
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1 (xiv) methandrostenolone,
2 (xv) methenolone,
3 (xvi) methyltestosterone,
4 (xvii) mibolerone,
5 (xviii) nandrolone,
6 (xix) norethandrolone,
7 (xx) oxandrolone,
8 (xxi) oxymesterone,
9 (xxii) oxymetholone,
10 (xxiii) stanolone,
11 (xxiv) stanozolol,
12 (xxv) testolactone,
13 (xxvi) testosterone,
14 (xxvii) trenbolone, and
15 (xxviii) any salt, ester, or isomer of a drug
16 or substance described or listed in this paragraph,
17 if that salt, ester, or isomer promotes muscle
18 growth.
19 Any person who is otherwise lawfully in possession of an
20 anabolic steroid, or who otherwise lawfully manufactures,
21 distributes, dispenses, delivers, or possesses with intent to
22 deliver an anabolic steroid, which anabolic steroid is
23 expressly intended for and lawfully allowed to be
24 administered through implants to livestock or other nonhuman
25 species, and which is approved by the Secretary of Health and
26 Human Services for such administration, and which the person
27 intends to administer or have administered through such
28 implants, shall not be considered to be in unauthorized
29 possession or to unlawfully manufacture, distribute,
30 dispense, deliver, or possess with intent to deliver such
31 anabolic steroid for purposes of this Act.
32 (d) "Administration" means the Drug Enforcement
33 Administration, United States Department of Justice, or its
34 successor agency.
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1 (e) "Control" means to add a drug or other substance, or
2 immediate precursor, to a Schedule under Article II of this
3 Act whether by transfer from another Schedule or otherwise.
4 (f) "Controlled Substance" means a drug, substance, or
5 immediate precursor in the Schedules of Article II of this
6 Act.
7 (g) "Counterfeit substance" means a controlled
8 substance, which, or the container or labeling of which,
9 without authorization bears the trademark, trade name, or
10 other identifying mark, imprint, number or device, or any
11 likeness thereof, of a manufacturer, distributor, or
12 dispenser other than the person who in fact manufactured,
13 distributed, or dispensed the substance.
14 (h) "Deliver" or "delivery" means the actual,
15 constructive or attempted transfer of possession of a
16 controlled substance, with or without consideration, whether
17 or not there is an agency relationship.
18 (i) "Department" means the Illinois Department of Human
19 Services (as successor to the Department of Alcoholism and
20 Substance Abuse) or its successor agency.
21 (j) "Department of State Police" means the Department of
22 State Police of the State of Illinois or its successor
23 agency.
24 (k) "Department of Corrections" means the Department of
25 Corrections of the State of Illinois or its successor agency.
26 (l) "Department of Professional Regulation" means the
27 Department of Professional Regulation of the State of
28 Illinois or its successor agency.
29 (m) "Depressant" or "stimulant substance" means:
30 (1) a drug which contains any quantity of (i)
31 barbituric acid or any of the salts of barbituric acid
32 which has been designated as habit forming under section
33 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
34 U.S.C. 352 (d)); or
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1 (2) a drug which contains any quantity of (i)
2 amphetamine or methamphetamine and any of their optical
3 isomers; (ii) any salt of amphetamine or methamphetamine
4 or any salt of an optical isomer of amphetamine; or (iii)
5 any substance which the Department, after investigation,
6 has found to be, and by rule designated as, habit forming
7 because of its depressant or stimulant effect on the
8 central nervous system; or
9 (3) lysergic acid diethylamide; or
10 (4) any drug which contains any quantity of a
11 substance which the Department, after investigation, has
12 found to have, and by rule designated as having, a
13 potential for abuse because of its depressant or
14 stimulant effect on the central nervous system or its
15 hallucinogenic effect.
16 (n) "Designated product" means any narcotic drug,
17 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
18 pentazocine or cannabis product listed in Schedule II and
19 also means a controlled substance listed in Schedule II which
20 is determined and designated by the Department or its
21 successor agency to be such a product. A designated product
22 shall only be dispensed upon an official prescription blank.
23 (o) "Director" means the Director of the Department of
24 State Police or the Department of Professional Regulation or
25 his designated agents.
26 (p) "Dispense" means to deliver a controlled substance
27 to an ultimate user or research subject by or pursuant to the
28 lawful order of a prescriber, including the prescribing,
29 administering, packaging, labeling, or compounding necessary
30 to prepare the substance for that delivery.
31 (q) "Dispenser" means a practitioner who dispenses.
32 (r) "Distribute" means to deliver, other than by
33 administering or dispensing, a controlled substance.
34 (s) "Distributor" means a person who distributes.
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1 (t) "Drug" means (1) substances recognized as drugs in
2 the official United States Pharmacopoeia, Official
3 Homeopathic Pharmacopoeia of the United States, or official
4 National Formulary, or any supplement to any of them; (2)
5 substances intended for use in diagnosis, cure, mitigation,
6 treatment, or prevention of disease in man or animals; (3)
7 substances (other than food) intended to affect the structure
8 of any function of the body of man or animals and (4)
9 substances intended for use as a component of any article
10 specified in clause (1), (2), or (3) of this subsection. It
11 does not include devices or their components, parts, or
12 accessories.
13 (u) "Good faith" means the prescribing or dispensing of
14 a controlled substance by a practitioner in the regular
15 course of professional treatment to or for any person who is
16 under his treatment for a pathology or condition other than
17 that individual's physical or psychological dependence upon
18 or addiction to a controlled substance, except as provided
19 herein: and application of the term to a pharmacist shall
20 mean the dispensing of a controlled substance pursuant to the
21 prescriber's order which in the professional judgment of the
22 pharmacist is lawful. The pharmacist shall be guided by
23 accepted professional standards including, but not limited to
24 the following, in making the judgment:
25 (1) lack of consistency of doctor-patient
26 relationship,
27 (2) frequency of prescriptions for same drug by one
28 prescriber for large numbers of patients,
29 (3) quantities beyond those normally prescribed,
30 (4) unusual dosages,
31 (5) unusual geographic distances between patient,
32 pharmacist and prescriber,
33 (6) consistent prescribing of habit-forming drugs.
34 (u-1) "Home infusion services" means services provided
-27- LRB9104866DJcd
1 by a pharmacy in compounding solutions for direct
2 administration to a patient in a private residence, long-term
3 care facility, or hospice setting by means of parenteral,
4 intravenous, intramuscular, subcutaneous, or intraspinal
5 infusion.
6 (v) "Immediate precursor" means a substance:
7 (1) which the Department has found to be and by
8 rule designated as being a principal compound used, or
9 produced primarily for use, in the manufacture of a
10 controlled substance;
11 (2) which is an immediate chemical intermediary
12 used or likely to be used in the manufacture of such
13 controlled substance; and
14 (3) the control of which is necessary to prevent,
15 curtail or limit the manufacture of such controlled
16 substance.
17 (w) "Instructional activities" means the acts of
18 teaching, educating or instructing by practitioners using
19 controlled substances within educational facilities approved
20 by the State Board of Education or its successor agency.
21 (x) "Local authorities" means a duly organized State,
22 County or Municipal peace unit or police force.
23 (y) "Look-alike substance" means a substance, other than
24 a controlled substance which (1) by overall dosage unit
25 appearance, including shape, color, size, markings or lack
26 thereof, taste, consistency, or any other identifying
27 physical characteristic of the substance, would lead a
28 reasonable person to believe that the substance is a
29 controlled substance, or (2) is expressly or impliedly
30 represented to be a controlled substance or is distributed
31 under circumstances which would lead a reasonable person to
32 believe that the substance is a controlled substance. For the
33 purpose of determining whether the representations made or
34 the circumstances of the distribution would lead a reasonable
-28- LRB9104866DJcd
1 person to believe the substance to be a controlled substance
2 under this clause (2) of subsection (y), the court or other
3 authority may consider the following factors in addition to
4 any other factor that may be relevant:
5 (a) statements made by the owner or person in
6 control of the substance concerning its nature, use or
7 effect;
8 (b) statements made to the buyer or recipient that
9 the substance may be resold for profit;
10 (c) whether the substance is packaged in a manner
11 normally used for the illegal distribution of controlled
12 substances;
13 (d) whether the distribution or attempted
14 distribution included an exchange of or demand for money
15 or other property as consideration, and whether the
16 amount of the consideration was substantially greater
17 than the reasonable retail market value of the substance.
18 Clause (1) of this subsection (y) shall not apply to a
19 noncontrolled substance in its finished dosage form that was
20 initially introduced into commerce prior to the initial
21 introduction into commerce of a controlled substance in its
22 finished dosage form which it may substantially resemble.
23 Nothing in this subsection (y) prohibits the dispensing
24 or distributing of noncontrolled substances by persons
25 authorized to dispense and distribute controlled substances
26 under this Act, provided that such action would be deemed to
27 be carried out in good faith under subsection (u) if the
28 substances involved were controlled substances.
29 Nothing in this subsection (y) or in this Act prohibits
30 the manufacture, preparation, propagation, compounding,
31 processing, packaging, advertising or distribution of a drug
32 or drugs by any person registered pursuant to Section 510 of
33 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
34 (y-1) "Mail-order pharmacy" means a pharmacy that is
-29- LRB9104866DJcd
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 (z) "Manufacture" means the production, preparation,
6 propagation, compounding, conversion or processing of a
7 controlled substance, either directly or indirectly, by
8 extraction from substances of natural origin, or
9 independently by means of chemical synthesis, or by a
10 combination of extraction and chemical synthesis, and
11 includes any packaging or repackaging of the substance or
12 labeling of its container, except that this term does not
13 include:
14 (1) by an ultimate user, the preparation or
15 compounding of a controlled substance for his own use; or
16 (2) by a practitioner, or his authorized agent
17 under his supervision, the preparation, compounding,
18 packaging, or labeling of a controlled substance:
19 (a) as an incident to his administering or
20 dispensing of a controlled substance in the course
21 of his professional practice; or
22 (b) as an incident to lawful research,
23 teaching or chemical analysis and not for sale.
24 (aa) "Narcotic drug" means any of the following, whether
25 produced directly or indirectly by extraction from substances
26 of natural origin, or independently by means of chemical
27 synthesis, or by a combination of extraction and chemical
28 synthesis:
29 (1) opium and opiate, and any salt, compound,
30 derivative, or preparation of opium or opiate;
31 (2) any salt, compound, isomer, derivative, or
32 preparation thereof which is chemically equivalent or
33 identical with any of the substances referred to in
34 clause (1), but not including the isoquinoline alkaloids
-30- LRB9104866DJcd
1 of opium;
2 (3) opium poppy and poppy straw;
3 (4) coca leaves and any salts, compound, isomer,
4 salt of an isomer, derivative, or preparation of coca
5 leaves including cocaine or ecgonine, and any salt,
6 compound, isomer, derivative, or preparation thereof
7 which is chemically equivalent or identical with any of
8 these substances, but not including decocainized coca
9 leaves or extractions of coca leaves which do not contain
10 cocaine or ecgonine (for the purpose of this paragraph,
11 the term "isomer" includes optical, positional and
12 geometric isomers).
13 (bb) "Nurse" means a registered nurse licensed under the
14 Nursing and Advanced Practice Nursing Act.
15 (cc) "Official prescription blanks" means the triplicate
16 , each in triplicate, and
11 shall be furnished upon payment of a reasonable
12 non-refundable application fee to such prescriber and such
13 prescription blanks shall not be transferable. The
14 prescription blanks shall be printed on distinctive paper,
15 serial number of the group being shown on each blank and also
16 each blank being serially numbered. No more than one such
17 prescription group shall in any case be issued or furnished
18 by the Department to the same prescriber at one time.
19 (Source: P.A. 89-202, eff. 10-1-95.)
20 (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
21 Sec. 309. No person shall issue a prescription for a
22 Schedule II controlled substance, which is a narcotic drug
23 listed in Section 206 of this Act; or which contains any
24 quantity of amphetamine or methamphetamine, their salts,
25 optical isomers or salts of optical isomers; phenmetrazine
26 and its salts; gluthethimide; pentazocine; or which is
27 hereafter determined to be a "designated product," as defined
28 in Section 102 of this Act, other than on the official
29 prescription blank issued by the Department and no person
30 shall fill any such prescription other than on the official
31 prescription blank issued by the Department; provided that in
32 the case of an emergency, epidemic or a sudden or unforeseen
33 accident or calamity, the prescriber may issue a lawful oral
-34- LRB9104866DJcd
1 prescription or transmit via facsimile equipment a written
2 prescription order or a written prescription on a blank other
3 than the official prescription blank issued by the Department
4 where failure to issue such a prescription might result in
5 loss of life or intense suffering, but such prescription
6 shall have endorsed thereon by the prescriber a statement
7 concerning the accident or calamity, or circumstances
8 constituting the emergency, the cause for which the
9 unofficial blank was used. Within 72 hours after issuing an
10 emergency prescription, the prescriber shall cause a written
11 prescription on the official prescription blank for the
12 emergency quantity prescribed to be delivered to the
13 dispensing pharmacist. The prescription shall have written
14 on its face "Authorization for Emergency Dispensing", and the
15 date of the emergency prescription. The written prescription
16 on the official prescription blank may be delivered to the
17 pharmacist in person or by mail, but if delivered by mail it
18 must be postmarked within the 72-hour period. Upon receipt,
19 the dispensing pharmacist shall attach this prescription to
20 the emergency prescription earlier received, or in the case
21 of an oral prescription, reduced to writing. The dispensing
22 pharmacist shall notify the Department of Human Services if
23 the prescriber fails to deliver the authorization for
24 emergency dispensing on the official prescription blank to
25 him. Failure of the dispensing pharmacist to do so shall
26 void the authority conferred by this paragraph to dispense
27 without a written prescription on an official prescription
28 blank of a prescriber. All prescriptions on the official
29 blanks shall be written in triplicate and all three copies
30 signed by the prescriber. All prescriptions issued for
31 Schedule II controlled substances shall include both a
32 written and numerical notation of quantity on the face of the
33 prescription. No prescription for a Schedule II controlled
34 substance may be refilled.
-35- LRB9104866DJcd
1 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
2 (720 ILCS 570/311) (from Ch. 56 1/2, par. 1311)
3 Sec. 311. For all controlled substances covered by
4 Sections 308 and 309 of this Act, the original and one copy
5 of the official prescription blank shall be delivered to the
6 person filling the prescription. The official prescription
7 blank duplicate shall be properly endorsed by the person
8 filling the prescription at the time such prescription is
9 filled, with his own signature and the date of filling. The
10 original official prescription blank shall be retained by the
11 person filling the prescription, and by the 15th of the month
12 following the month in which the prescription was filled, a
13 copy of the official prescription blank the duplicate shall
14 be returned to the Department at its principal office, or a
15 record of the transaction may be transmitted to the
16 Department via electronic data transmission if it contains
17 all of the information contained on the official triplicate
18 prescription blank form, including the serial number. These
19 copies duplicates, any reproductions of these in any form,
20 any computations of the copies duplicates, any statistics
21 derived from the copies duplicates or compilations, and any
22 studies incorporating material from these sources shall be
23 available for inspection and reproduction by any person whom
24 the Director of the Department of State Police has authorized
25 to do so.
26 (Source: P.A. 89-202, eff. 10-1-95.)
27 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
28 Sec. 312. Requirements for dispensing controlled
29 substances.
30 (a) A practitioner, in good faith, may dispense a
31 Schedule II controlled substance, which is a narcotic drug
32 listed in Section 206 of this Act; or which contains any
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1 quantity of amphetamine or methamphetamine, their salts,
2 optical isomers or salts of optical isomers; phenmetrazine
3 and its salts; pentazocine; or which is hereafter determined
4 to be a "designated product," as defined in Section 102 of
5 this Act to any person upon an official prescription form and
6 Schedule III, IV, or V controlled substances to any person
7 upon a written prescription of any prescriber, dated and
8 signed by the person prescribing on the day when issued and
9 bearing the name and address of the patient for whom, or the
10 owner of the animal for which the controlled substance is
11 dispensed, and the full name, address and registry number
12 under the laws of the United States relating to controlled
13 substances of the prescriber, if he is required by those laws
14 to be registered. If the prescription is for an animal it
15 shall state the species of animal for which it is ordered.
16 The practitioner filling the prescription shall write the
17 date of filling and his own signature on the face of the
18 official prescription form. The official prescription form or
19 the written prescription shall be retained on file by the
20 practitioner who filled it or pharmacy in which the
21 prescription was filled for a period of 2 years, so as to be
22 readily accessible for inspection or removal by any officer
23 or employee engaged in the enforcement of this Act. Whenever
24 the practitioner's or pharmacy's copy of any prescription
25 form is removed by an officer or employee engaged in the
26 enforcement of this Act, for the purpose of investigation or
27 as evidence, such officer or employee shall give to the
28 practitioner or pharmacy a receipt in lieu thereof. A
29 prescription form for a Schedule II controlled substance
30 shall not be filled more than 7 days after the date of
31 issuance. A written prescription for Schedule III, IV or V
32 controlled substances shall not be filled or refilled more
33 than 6 months after the date thereof or refilled more than 5
34 times unless renewed, in writing, by the prescriber.
-37- LRB9104866DJcd
1 (b) In lieu of a written prescription required by this
2 Section, a pharmacist, in good faith, may dispense Schedule
3 III, IV, or V substances to any person either upon receiving
4 a facsimile of a written, signed prescription transmitted by
5 the prescriber or the prescriber's agent or upon a lawful
6 oral prescription of a prescriber which oral prescription
7 shall be reduced promptly to writing by the pharmacist and
8 such written memorandum thereof shall be dated on the day
9 when such oral prescription is received by the pharmacist and
10 shall bear the full name and address of the ultimate user for
11 whom, or of the owner of the animal for which the controlled
12 substance is dispensed, and the full name, address, and
13 registry number under the law of the United States relating
14 to controlled substances of the prescriber prescribing if he
15 is required by those laws to be so registered, and the
16 pharmacist filling such oral prescription shall write the
17 date of filling and his own signature on the face of such
18 written memorandum thereof. The facsimile copy of the
19 prescription or written memorandum of the oral prescription
20 shall be retained on file by the proprietor of the pharmacy
21 in which it is filled for a period of not less than two
22 years, so as to be readily accessible for inspection by any
23 officer or employee engaged in the enforcement of this Act in
24 the same manner as a written prescription. The facsimile
25 copy of the prescription or oral prescription and the written
26 memorandum thereof shall not be filled or refilled more than
27 6 months after the date thereof or be refilled more than 5
28 times, unless renewed, in writing, by the prescriber.
29 (c) A controlled substance included in Schedule V shall
30 not be distributed or dispensed other than for a medical
31 purpose and not for the purpose of evading this Act, and
32 then:
33 (1) only personally by a person registered to
34 dispense a Schedule V controlled substance and then only
-38- LRB9104866DJcd
1 to his patients, or
2 (2) only personally by a pharmacist, and then only
3 to a person over 21 years of age who has identified
4 himself to the pharmacist by means of 2 positive
5 documents of identification.
6 (3) the dispenser shall record the name and address
7 of the purchaser, the name and quantity of the product,
8 the date and time of the sale, and the dispenser's
9 signature.
10 (4) no person shall purchase or be dispensed more
11 than 120 milliliters or more than 120 grams of any
12 Schedule V substance which contains codeine,
13 dihydrocodeine, or any salts thereof, or ethylmorphine,
14 or any salts thereof, in any 96 hour period. The
15 purchaser shall sign a form, approved by the Department
16 of Professional Regulation, attesting that he has not
17 purchased any Schedule V controlled substances within the
18 immediately preceding 96 hours.
19 (5) a copy of the records of sale, including all
20 information required by paragraph (3), shall be forwarded
21 to the Department of Professional Regulation at its
22 principal office by the 15th day of the following month.
23 (6) all records of purchases and sales shall be
24 maintained for not less than 2 years.
25 (7) no person shall obtain or attempt to obtain
26 within any consecutive 96 hour period any Schedule V
27 substances of more than 120 milliliters or more than 120
28 grams containing codeine, dihydrocodeine or any of its
29 salts, or ethylmorphine or any of its salts. Any person
30 obtaining any such preparations or combination of
31 preparations in excess of this limitation shall be in
32 unlawful possession of such controlled substance.
33 (8) a person qualified to dispense controlled
34 substances under this Act and registered thereunder shall
-39- LRB9104866DJcd
1 at no time maintain or keep in stock a quantity of
2 Schedule V controlled substances defined and listed in
3 Section 212 (b) (1), (2) or (3) in excess of 4.5 liters
4 for each substance; a pharmacy shall at no time maintain
5 or keep in stock a quantity of Schedule V controlled
6 substances as defined in excess of 4.5 liters for each
7 substance, plus the additional quantity of controlled
8 substances necessary to fill the largest number of
9 prescription orders filled by that pharmacy for such
10 controlled substances in any one week in the previous
11 year. These limitations shall not apply to Schedule V
12 controlled substances which Federal law prohibits from
13 being dispensed without a prescription.
14 (9) no person shall distribute or dispense butyl
15 nitrite for inhalation or other introduction into the
16 human body for euphoric or physical effect.
17 (d) Every practitioner shall keep a record of controlled
18 substances received by him and a record of all such
19 controlled substances administered, dispensed or
20 professionally used by him otherwise than by prescription.
21 It shall, however, be sufficient compliance with this
22 paragraph if any practitioner utilizing controlled substances
23 listed in Schedules III, IV and V shall keep a record of all
24 those substances dispensed and distributed by him other than
25 those controlled substances which are administered by the
26 direct application of a controlled substance, whether by
27 injection, inhalation, ingestion, or any other means to the
28 body of a patient or research subject. A practitioner who
29 dispenses, other than by administering, a controlled
30 substance in Schedule II, which is a narcotic drug listed in
31 Section 206 of this Act, or which contains any quantity of
32 amphetamine or methamphetamine, their salts, optical isomers
33 or salts of optical isomers, pentazocine, methaqualone, or
34 which is hereafter determined to be a "designated product" as
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1 defined in Section 102 of this Act, shall do so only upon the
2 issuance of an official prescription blank by a prescriber;
3 and every practitioner who so dispenses such designated
4 products shall comply with the provisions of Sections 310 and
5 311 of this Act.
6 (e) Whenever a manufacturer distributes a controlled
7 substance in a package prepared by him, and whenever a
8 wholesale distributor distributes a controlled substance in a
9 package prepared by him or the manufacturer, he shall
10 securely affix to each package in which that substance is
11 contained a label showing in legible English the name and
12 address of the manufacturer, the distributor and the
13 quantity, kind and form of controlled substance contained
14 therein. No person except a pharmacist and only for the
15 purposes of filling a prescription under this Act, shall
16 alter, deface or remove any label so affixed.
17 (f) Whenever a practitioner dispenses any controlled
18 substance, he shall affix to the container in which such
19 substance is sold or dispensed, a label indicating the date
20 of initial filling, the practitioner's name and address, the
21 serial number of the prescription, the name of the patient,
22 the name of the prescriber, the directions for use and
23 cautionary statements, if any, contained in any prescription
24 or required by law, the proprietary name or names or the
25 established name of the controlled substance, and the dosage
26 and quantity, except as otherwise authorized by regulation by
27 the Department of Professional Regulation. No person shall
28 alter, deface or remove any label so affixed.
29 (g) A person to whom or for whose use any controlled
30 substance has been prescribed or dispensed by a practitioner,
31 or other persons authorized under this Act, and the owner of
32 any animal for which such substance has been prescribed or
33 dispensed by a veterinarian, may lawfully possess such
34 substance only in the container in which it was delivered to
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1 him by the person dispensing such substance.
2 (h) The responsibility for the proper prescribing or
3 dispensing of controlled substances is upon the prescriber
4 and the responsibility for the proper filling of a
5 prescription for controlled substance drugs rests with the
6 pharmacist. An order purporting to be a prescription issued
7 to any individual, which is not in the regular course of
8 professional treatment nor part of an authorized methadone
9 maintenance program, nor in legitimate and authorized
10 research instituted by any accredited hospital, educational
11 institution, charitable foundation, or federal, state or
12 local governmental agency, and which is intended to provide
13 that individual with controlled substances sufficient to
14 maintain that individual's or any other individual's physical
15 or psychological addiction, habitual or customary use,
16 dependence, or diversion of that controlled substance is not
17 a prescription within the meaning and intent of this Act; and
18 the person issuing it, shall be subject to the penalties
19 provided for violations of the law relating to controlled
20 substances. Nothing in this Section is intended to restrict a
21 physician from prescribing a controlled substance for the
22 purpose of providing palliative care.
23 (i) A prescriber shall not preprint or cause to be
24 preprinted a prescription for any controlled substance; nor
25 shall any practitioner issue, fill or cause to be issued or
26 filled, a preprinted prescription for any controlled
27 substance.
28 (j) No person shall manufacture, dispense, deliver,
29 possess with intent to deliver, prescribe, or administer or
30 cause to be administered under his direction any anabolic
31 steroid, for any use in humans other than the treatment of
32 disease in accordance with the order of a physician licensed
33 to practice medicine in all its branches for a valid medical
34 purpose in the course of professional practice. The use of
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1 anabolic steroids for the purpose of hormonal manipulation
2 that is intended to increase muscle mass, strength or weight
3 without a medical necessity to do so, or for the intended
4 purpose of improving physical appearance or performance in
5 any form of exercise, sport, or game, is not a valid medical
6 purpose or in the course of professional practice.
7 (Source: P.A. 89-202, eff. 10-1-95; 90-253, eff. 7-29-97.)
8 (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
9 Sec. 313. (a) Controlled substances which are lawfully
10 administered in hospitals or institutions licensed under the
11 "Hospital Licensing Act" shall be exempt from the
12 requirements of Sections 308 and 312 except that the
13 prescription for the controlled substance shall be in writing
14 on the patient's record, signed by the prescriber, dated, and
15 shall state the name, and quantity of controlled substances
16 ordered and the quantity actually administered. The records
17 of such prescriptions shall be maintained for two years and
18 shall be available for inspection by officers and employees
19 of the Department of State Police, and the Department of
20 Professional Regulation.
21 (b) Controlled substances that can lawfully be
22 administered or dispensed directly to a patient in a
23 long-term care facility licensed by the Department of Public
24 Health as a skilled nursing facility, intermediate care
25 facility, or long-term care facility for residents under 22
26 years of age, are exempt from the requirements of Sections
27 308 and 312, except that a prescription for a Schedule II
28 controlled substance must be either a written prescription
29 signed by the prescriber or a written prescription
30 transmitted by the prescriber or prescriber's agent to the
31 dispensing pharmacy by facsimile. The facsimile serves as
32 the original written prescription and must be maintained for
33 2 years from the date of issue in the same manner as a
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1 written prescription signed by the prescriber.
2 (c) A prescription that is written for a Schedule II
3 controlled substance to be compounded for direct
4 administration by parenteral, intravenous, intramuscular,
5 subcutaneous, or intraspinal infusion to a patient in a
6 private residence, long-term care facility, or hospice
7 setting may be transmitted by facsimile by the prescriber or
8 the prescriber's agent to the pharmacy providing the home
9 infusion services.
10 (d) Controlled substances which are lawfully
11 administered and/or dispensed in drug abuse treatment
12 programs licensed by the Department shall be exempt from the
13 requirements of Sections 308 and 312, except that the
14 prescription for such controlled substances shall be issued
15 and authenticated on official prescription logs prepared and
16 supplied by the Department. The official prescription logs
17 issued by the Department shall be printed in triplicate on
18 distinctively marked paper and furnished to programs at
19 reasonable cost. The official prescription logs furnished to
20 the programs shall contain, in preprinted form, such
21 information as the Department may require. The official
22 prescription logs shall be properly endorsed by a physician
23 licensed to practice medicine in all its branches issuing the
24 order, with his own signature and the date of ordering, and
25 further endorsed by the practitioner actually administering
26 or dispensing the dosage at the time of such administering or
27 dispensing in accordance with requirements issued by the
28 Department. A The duplicate copy of the official
29 prescription log shall be retained by the program for a
30 period of not less than three years nor more than seven
31 years; the original and triplicate copy shall be returned to
32 the Department at its principal office in accordance with
33 requirements set forth by the Department.
34 (Source: P.A. 89-202, eff. 10-1-95.)