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92_SB0543 LRB9202753LDpr 1 AN ACT concerning psychologists. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Clinical Psychologist Licensing Act is 5 amended by changing Sections 2 and 15 and by adding Sections 6 5.1, 5.2, 5.3, 5.4, 5.5, and 5.6 as follows: 7 (225 ILCS 15/2) (from Ch. 111, par. 5352) 8 Sec. 2. Definitions. As used in this Act: 9 (1) "Department" means the Department of 10 Professional Regulation. 11 (2) "Director" means the Director of Professional 12 Regulation. 13 (3) "Board" means the Clinical Psychologists 14 Licensing and Disciplinary Board appointed by the 15 Director. 16 (4) "Person" means an individual, association, 17 partnership or corporation. 18 (5) "Clinical psychology" means the independent 19 evaluation, classification and treatment of mental, 20 emotional, behavioral or nervous disorders or conditions, 21 developmental disabilities, alcoholism and substance 22 abuse, disorders of habit or conduct, the psychological 23 aspects of physical illness. The practice of clinical 24 psychology includes psychoeducational evaluation, 25 therapy, remediation and consultation, the use of 26 psychological and neuropsychological testing, assessment, 27 psychotherapy, psychoanalysis, hypnosis, biofeedback, and 28 behavioral modification when any of these are used for 29 the purpose of preventing or eliminating psychopathology, 30 or for the amelioration of psychological disorders of 31 individuals or groups. "Clinical psychology" does not -2- LRB9202753LDpr 1 include the use of hypnosis by unlicensed persons 2 pursuant to Section 3. 3 (6) A person represents himself to be a "clinical 4 psychologist" within the meaning of this Act when he or 5 she holds himself out to the public by any title or 6 description of services incorporating the words 7 "psychological", "psychologic", "psychologist", 8 "psychology", or "clinical psychologist" or under such 9 title or description offers to render or renders clinical 10 psychological services as defined in paragraph (7) of 11 this Section to individuals, corporations, or the public 12 for remuneration. 13 (7) "Clinical psychological services" refers to any 14 services under paragraph (5) of this Section if the words 15 "psychological", "psychologic", "psychologist", 16 "psychology" or "clinical psychologist" are used to 17 describe such services by the person or organization 18 offering to render or rendering them. 19 (8) "Drugs" shall have the same meaning as that 20 term is given in the Pharmacy Practice Act of 1987. 21 (9) "Medicines" shall have the same meaning as that 22 term is given in the Pharmacy Practice Act of 1987. 23 (10) "Prescription" means an order for a drug, 24 laboratory test, or any medicines, devices, or 25 treatments, including controlled substances, as defined 26 by State law. 27 (11) "Prescriptive authority" means the authority 28 to prescribe and dispense drugs, medicines, or other 29 treatment procedures. 30 (12) "Psychologist certified to prescribe" means a 31 licensed, doctoral-level psychologist who has undergone 32 specialized training, has passed an examination accepted 33 by the Illinois Clinical Psychologist Licensing and 34 Disciplinary Board, and has received a current -3- LRB9202753LDpr 1 certificate granting prescriptive authority that has not 2 been revoked or suspended from the Illinois Clinical 3 Psychologist Licensing and Disciplinary Board. 4 This Act shall not apply to persons lawfully carrying on 5 their particular profession or business under any valid 6 existing regulatory Act of the State. 7 (Source: P.A. 89-702, eff. 7-1-97; 90-473, eff. 1-1-98.) 8 (225 ILCS 15/5.1 new) 9 Sec. 5.1. Certification to prescribe drugs. The 10 Illinois Clinical Psychologist Licensing and Disciplinary 11 Board shall certify licensed, doctoral-level psychologists to 12 prescribe and dispense drugs in accordance with applicable 13 State and federal laws. The Board shall develop and implement 14 procedures for reviewing educational and training credentials 15 for that certification process in accordance with current 16 standards of professional practice. The Illinois Clinical 17 Psychologist Licensing and Disciplinary Board may seek the 18 advice of other State agencies with relevant experience in 19 devising the certification procedures and criteria. 20 (225 ILCS 15/5.2 new) 21 Sec. 5.2. Application requirements for prescriptive 22 authority. 23 (a) The Department shall grant certification to a 24 psychologist who applies for prescriptive authority and 25 demonstrates by official transcript or other official 26 evidence satisfactory to the Illinois Clinical Psychologist 27 Licensing and Disciplinary Board all of the following: 28 (1) completion of a doctoral program in psychology 29 from a regionally-accredited university or professional 30 school or, if the program is not accredited at the time 31 of graduation, completion of a doctoral program in 32 psychology that meets recognized acceptable professional -4- LRB9202753LDpr 1 standards as determined by the Illinois Clinical 2 Psychologist Licensing and Disciplinary Board; 3 (2) that he or she holds a current license to 4 practice psychology in Illinois; 5 (3) completion of an organized program of intensive 6 didactic instruction as defined by the Illinois Clinical 7 Psychologist Licensing and Disciplinary Board within the 8 5-year period immediately before the date of application, 9 consisting of a minimum of 300 contact hours and 10 consisting of the following core areas of instruction: 11 neuroscience, pharmacology, psychopharmacology, 12 physiology, pathophysiology, appropriate and relevant 13 physical and laboratory assessment, and clinical 14 pharmacotherapeutics; 15 (4) that he or she has obtained supervised and 16 relevant clinical experience sufficient to achieve 17 competency in the treatment of a diverse patient 18 population under the direction of qualified 19 practitioners, as determined by the Illinois Clinical 20 Psychologist Licensing and Disciplinary Board, within the 21 5-year period immediately preceding the date of 22 application that includes the pharmacological treatment 23 of a minimum of 100 patients under the full supervision 24 and control of a designated qualified practitioner, who 25 will then certify the clinical competency of the 26 candidate for certification; and 27 (5) that he or she has passed a certifying 28 examination administered by the Illinois Clinical 29 Psychologist Licensing and Disciplinary Board. 30 (b) The Department shall grant certification to a 31 psychologist who applies for prescriptive authority, has 32 completed the requirements specified in subsection (a), 33 except that the academic requirements in paragraph (3) of 34 subsection (a) have been met more than 5 years prior to the -5- LRB9202753LDpr 1 application for prescriptive authority, and has completed 24 2 hours of continuing education in the 2 years immediately 3 prior to application as specified in Section 5.3. 4 (225 ILCS 15/5.3 new) 5 Sec. 5.3. Renewal of prescriptive authority. 6 (a) The Illinois Clinical Psychologist Licensing and 7 Disciplinary Board shall establish by rule a method for the 8 annual renewal of prescriptive authority at the time of or in 9 conjunction with the renewal of clinical psychology licenses. 10 (b) Each applicant for renewal of prescriptive authority 11 shall present satisfactory evidence to the Illinois Clinical 12 Psychologist Licensing and Disciplinary Board demonstrating 13 the completion of 24 required hours of instruction relevant 14 to prescriptive authority during the 24 months prior to 15 application for renewal. 16 (225 ILCS 15/5.4 new) 17 Sec. 5.4. Prescribing practices. 18 (a) Every prescription by a psychologist certified to 19 prescribe shall comply with all applicable State and federal 20 laws, be identified as issued by the psychologist as a 21 "psychologist certified to prescribe", and shall include the 22 prescriber's identification number assigned by the Illinois 23 Clinical Psychologist Licensing and Disciplinary Board. 24 (b) Records of all prescriptions shall be maintained in 25 patient records. 26 (c) A psychologist shall not delegate the prescribing of 27 drugs to any other person. 28 (225 ILCS 15/5.5 new) 29 Sec. 5.5. Controlled substance prescriptive authority. 30 (a) When authorized to prescribe controlled substances, 31 each psychologist certified to prescribe shall file in a -6- LRB9202753LDpr 1 timely manner any and all individual Drug Enforcement Agency 2 (DEA) registrations and numbers with the Illinois Clinical 3 Psychologist Licensing and Disciplinary Board. 4 (b) The Illinois Clinical Psychologist Licensing and 5 Disciplinary Board shall maintain current records of every 6 psychologist certified to prescribe, including DEA 7 registration and numbers. 8 (225 ILCS 15/5.6 new) 9 Sec. 5.6. Interaction with the Illinois State Board of 10 Pharmacy. 11 (a) The Illinois Clinical Psychologist Licensing and 12 Disciplinary Board shall transmit to the Illinois State Board 13 of Pharmacy an annual list of psychologists certified to 14 prescribe containing the following information: 15 (1) the name of the psychologist; 16 (2) the psychologist's identification number 17 assigned by the Illinois Clinical Psychologist Licensing 18 and Disciplinary Board; and 19 (3) the effective date of prescriptive authority. 20 (b) The Illinois Clinical Psychologist Licensing and 21 Disciplinary Board shall promptly forward to the Illinois 22 State Board of Pharmacy the names and titles of psychologists 23 added to or deleted from the annual list of psychologists 24 certified to prescribe. 25 (c) The Illinois Clinical Psychologist Licensing and 26 Disciplinary Board shall notify the Illinois State Board of 27 Pharmacy in a timely manner upon termination, suspension, or 28 reinstatement of a psychologist's prescriptive authority. 29 (225 ILCS 15/15) (from Ch. 111, par. 5365) 30 Sec. 15. Disciplinary action; grounds. 31 (a) The Department may refuse to issue, refuse to renew, 32 suspend, or revoke any license, or may place on probation, -7- LRB9202753LDpr 1 censure, reprimand, or take other disciplinary action deemed 2 appropriate by the Department, including the imposition of 3 fines not to exceed $5000 for each violation, with regard to 4 any license issued under the provisions of this Act for any 5 one or a combination of the following reasons: 6 (1) Conviction of any crime that is a felony under the 7 laws of the United States or any state or territory thereof 8 or that is a misdemeanor of which an essential element is 9 dishonesty, or any crime that is directly related to the 10 practice of the profession. 11 (2) Gross negligence in the rendering of clinical 12 psychological services. 13 (3) Using fraud or making any misrepresentation in 14 applying for a license or in passing the examination provided 15 for in this Act. 16 (4) Aiding or abetting or conspiring to aid or abet a 17 person, not a clinical psychologist licensed under this Act, 18 in representing himself or herself as so licensed or in 19 applying for a license under this Act. 20 (5) Violation of any provision of this Act or the rules 21 promulgated thereunder. 22 (6) Professional connection or association with any 23 person, firm, association, partnership or corporation holding 24 himself, herself, themselves, or itself out in any manner 25 contrary to this Act. 26 (7) Unethical, unauthorized or unprofessional conduct as 27 defined by rule. In establishing those rules, the Department 28 shall consider, though is not bound by, the ethical standards 29 for psychologists promulgated by recognized national 30 psychology associations. 31 (8) Aiding or assisting another person in violating any 32 provisions of this Act or the rules promulgated thereunder. 33 (9) Failing to provide, within 60 days, information in 34 response to a written request made by the Department. -8- LRB9202753LDpr 1 (10) Habitual or excessive use or addiction to alcohol, 2 narcotics, stimulants, or any other chemical agent or drug 3 that results in a clinical psychologist's inability to 4 practice with reasonable judgment, skill or safety. 5 (11) Discipline by another state, territory, the 6 District of Columbia or foreign country, if at least one of 7 the grounds for the discipline is the same or substantially 8 equivalent to those set forth herein. 9 (12) Directly or indirectly giving or receiving from any 10 person, firm, corporation, association or partnership any 11 fee, commission, rebate or other form of compensation for any 12 professional service not actually or personally rendered. 13 (13) A finding by the Board that the licensee, after 14 having his or her license placed on probationary status has 15 violated the terms of probation. 16 (14) Willfully making or filing false records or 17 reports, including but not limited to, false records or 18 reports filed with State agencies or departments. 19 (15) Physical illness, including but not limited to, 20 deterioration through the aging process, mental illness or 21 disability that results in the inability to practice the 22 profession with reasonable judgment, skill and safety. 23 (16) Willfully failing to report an instance of 24 suspected child abuse or neglect as required by the Abused 25 and Neglected Child Reporting Act. 26 (17) Being named as a perpetrator in an indicated report 27 by the Department of Children and Family Services pursuant to 28 the Abused and Neglected Child Reporting Act, and upon proof 29 by clear and convincing evidence that the licensee has caused 30 a child to be an abused child or neglected child as defined 31 in the Abused and Neglected Child Reporting Act. 32 (18) Violation of the Health Care Worker Self-Referral 33 Act. 34 (19) Making a material misstatement in furnishing -9- LRB9202753LDpr 1 information to the Department, any other State or federal 2 agency, or any other entity. 3 The entry of an order by any circuit court establishing 4 that any person holding a license under this Act is subject 5 to involuntary admission or judicial admission as provided 6 for in the Mental Health and Developmental Disabilities Code, 7 operates as an automatic suspension of that license. That 8 person may have his or her license restored only upon the 9 determination by a circuit court that the patient is no 10 longer subject to involuntary admission or judicial admission 11 and the issuance of an order so finding and discharging the 12 patient and upon the Board's recommendation to the Department 13 that the license be restored. Where the circumstances so 14 indicate, the Board may recommend to the Department that it 15 require an examination prior to restoring any license so 16 automatically suspended. 17 The Department may refuse to issue or may suspend the 18 license of any person who fails to file a return, or to pay 19 the tax, penalty or interest shown in a filed return, or to 20 pay any final assessment of the tax penalty or interest, as 21 required by any tax Act administered by the Illinois 22 Department of Revenue, until such time as the requirements of 23 any such tax Act are satisfied. 24 In enforcing this Section, the Board upon a showing of a 25 possible violation may compel any person licensed to practice 26 under this Act, or who has applied for licensure or 27 certification pursuant to this Act, to submit to a mental or 28 physical examination, or both, as required by and at the 29 expense of the Department. The examining physicians or 30 clinical psychologists shall be those specifically designated 31 by the Board. The Board or the Department may order the 32 examining physician or clinical psychologist to present 33 testimony concerning this mental or physical examination of 34 the licensee or applicant. No information shall be excluded -10- LRB9202753LDpr 1 by reason of any common law or statutory privilege relating 2 to communications between the licensee or applicant and the 3 examining physician or clinical psychologist. The person to 4 be examined may have, at his or her own expense, another 5 physician or clinical psychologist of his or her choice 6 present during all aspects of the examination. Failure of 7 any person to submit to a mental or physical examination, 8 when directed, shall be grounds for suspension of a license 9 until the person submits to the examination if the Board 10 finds, after notice and hearing, that the refusal to submit 11 to the examination was without reasonable cause. 12 If the Board finds a person unable to practice because of 13 the reasons set forth in this Section, the Board may require 14 that person to submit to care, counseling or treatment by 15 physicians or clinical psychologists approved or designated 16 by the Board, as a condition, term, or restriction for 17 continued, reinstated, or renewed licensure to practice; or, 18 in lieu of care, counseling or treatment, the Board may 19 recommend to the Department to file a complaint to 20 immediately suspend, revoke or otherwise discipline the 21 license of the person. Any person whose license was granted, 22 continued, reinstated, renewed, disciplined or supervised 23 subject to such terms, conditions or restrictions, and who 24 fails to comply with such terms, conditions or restrictions, 25 shall be referred to the Director for a determination as to 26 whether the person shall have his or her license suspended 27 immediately, pending a hearing by the Board. 28 In instances in which the Director immediately suspends a 29 person's license under this Section, a hearing on that 30 person's license must be convened by the Board within 15 days 31 after the suspension and completed without appreciable delay. 32 The Board shall have the authority to review the subject 33 person's record of treatment and counseling regarding the 34 impairment, to the extent permitted by applicable federal -11- LRB9202753LDpr 1 statutes and regulations safeguarding the confidentiality of 2 medical records. 3 A person licensed under this Act and affected under this 4 Section shall be afforded an opportunity to demonstrate to 5 the Board that he or she can resume practice in compliance 6 with acceptable and prevailing standards under the provisions 7 of his or her license. 8 (b) The Illinois Clinical Psychologist Licensing and 9 Disciplinary Board shall prescribe by rule criteria for 10 disciplining, suspending, or revoking the prescriptive 11 authority of a psychologist certified to prescribe. The 12 Illinois Clinical Psychologist Licensing and Disciplinary 13 Board shall have the power and duty to require remediation, 14 suspension, or revocation of a psychologist's prescriptive 15 authority for a specified period of time to be determined at 16 the discretion of the Illinois Clinical Psychologist 17 Licensing and Disciplinary Board in accordance with State 18 law. 19 (Source: P.A. 89-702, eff. 7-1-97.) 20 Section 10. The Nursing and Advanced Practice Nursing 21 Act is amended by changing Section 5-10 as follows: 22 (225 ILCS 65/5-10) 23 Sec. 5-10. Definitions. Each of the following terms, 24 when used in this Act, shall have the meaning ascribed to it 25 in this Section, except where the context clearly indicates 26 otherwise: 27 (a) "Department" means the Department of Professional 28 Regulation. 29 (b) "Director" means the Director of Professional 30 Regulation. 31 (c) "Board" means the Board of Nursing appointed by the 32 Director. -12- LRB9202753LDpr 1 (d) "Academic year" means the customary annual schedule 2 of courses at a college, university, or approved school, 3 customarily regarded as the school year as distinguished from 4 the calendar year. 5 (e) "Approved program of professional nursing education" 6 and "approved program of practical nursing education" are 7 programs of professional or practical nursing, respectively, 8 approved by the Department under the provisions of this Act. 9 (f) "Nursing Act Coordinator" means a registered 10 professional nurse appointed by the Director to carry out the 11 administrative policies of the Department. 12 (g) "Assistant Nursing Act Coordinator" means a 13 registered professional nurse appointed by the Director to 14 assist in carrying out the administrative policies of the 15 Department. 16 (h) "Registered" is the equivalent of "licensed". 17 (i) "Practical nurse" or "licensed practical nurse" 18 means a person who is licensed as a practical nurse under 19 this Act and practices practical nursing as defined in 20 paragraph (j) of this Section. Only a practical nurse 21 licensed under this Act is entitled to use the title 22 "licensed practical nurse" and the abbreviation "L.P.N.". 23 (j) "Practical nursing" means the performance of nursing 24 acts requiring the basic nursing knowledge, judgement, and 25 skill acquired by means of completion of an approved 26 practical nursing education program. Practical nursing 27 includes assisting in the nursing process as delegated by and 28 under the direction of a registered professional nurse. The 29 practical nurse may work under the direction of a licensed 30 physician, dentist, podiatrist, or other health care 31 professional determined by the Department. 32 (k) "Registered Nurse" or "Registered Professional 33 Nurse" means a person who is licensed as a professional nurse 34 under this Act and practices nursing as defined in paragraph -13- LRB9202753LDpr 1 (l) of this Section. Only a registered nurse licensed under 2 this Act is entitled to use the titles "registered nurse" and 3 "registered professional nurse" and the abbreviation, "R.N.". 4 (l) "Registered professional nursing practice" includes 5 all nursing specialities and means the performance of any 6 nursing act based upon professional knowledge, judgment, and 7 skills acquired by means of completion of an approved 8 registered professional nursing education program. A 9 registered professional nurse provides nursing care 10 emphasizing the importance of the whole and the 11 interdependence of its parts through the nursing process to 12 individuals, groups, families, or communities, that includes 13 but is not limited to: (1) the assessment of healthcare 14 needs, nursing diagnosis, planning, implementation, and 15 nursing evaluation; (2) the promotion, maintenance, and 16 restoration of health; (3) counseling, patient education, 17 health education, and patient advocacy; (4) the 18 administration of medications and treatments as prescribed by 19 a physician licensed to practice medicine in all of its 20 branches, a licensed dentist, a licensed podiatrist, a 21 psychologist certified to prescribe, or a licensed 22 optometrist or as prescribed by a physician assistant in 23 accordance with written guidelines required under the 24 Physician Assistant Practice Act of 1987 or by an advanced 25 practice nurse in accordance with a written collaborative 26 agreement required under the Nursing and Advanced Practice 27 Nursing Act; (5) the coordination and management of the 28 nursing plan of care; (6) the delegation to and supervision 29 of individuals who assist the registered professional nurse 30 implementing the plan of care; and (7) teaching and 31 supervision of nursing students. The foregoing shall not be 32 deemed to include those acts of medical diagnosis or 33 prescription of therapeutic or corrective measures that are 34 properly performed only by physicians licensed in the State -14- LRB9202753LDpr 1 of Illinois. 2 (m) "Current nursing practice update course" means a 3 planned nursing education curriculum approved by the 4 Department consisting of activities that have educational 5 objectives, instructional methods, content or subject matter, 6 clinical practice, and evaluation methods, related to basic 7 review and updating content and specifically planned for 8 those nurses previously licensed in the United States or its 9 territories and preparing for reentry into nursing practice. 10 (n) "Professional assistance program for nurses" means a 11 professional assistance program that meets criteria 12 established by the Board of Nursing and approved by the 13 Director, which provides a non-disciplinary treatment 14 approach for nurses licensed under this Act whose ability to 15 practice is compromised by alcohol or chemical substance 16 addiction. 17 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98; 18 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.) 19 Section 15. The Pharmacy Practice Act of 1987 is amended 20 by changing Sections 3 and 4 as follows: 21 (225 ILCS 85/3) (from Ch. 111, par. 4123) 22 Sec. 3. Definitions. For the purpose of this Act, except 23 where otherwise limited therein: 24 (a) "Pharmacy" or "drugstore" means and includes every 25 store, shop, pharmacy department, or other place where 26 pharmaceutical care is provided by a pharmacist (1) where 27 drugs, medicines, or poisons are dispensed, sold or offered 28 for sale at retail, or displayed for sale at retail; or (2) 29 where prescriptions of physicians, dentists, veterinarians, 30 podiatrists, psychologists certified to prescribe, or 31 therapeutically certified optometrists, within the limits of 32 their licenses, are compounded, filled, or dispensed; or (3) -15- LRB9202753LDpr 1 which has upon it or displayed within it, or affixed to or 2 used in connection with it, a sign bearing the word or words 3 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care", 4 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions", 5 "Drugs", "Medicines", or any word or words of similar or like 6 import, either in the English language or any other language; 7 or (4) where the characteristic prescription sign (Rx) or 8 similar design is exhibited; or (5) any store, or shop, or 9 other place with respect to which any of the above words, 10 objects, signs or designs are used in any advertisement. 11 (b) "Drugs" means and includes (l) articles recognized 12 in the official United States Pharmacopoeia/National 13 Formulary (USP/NF), or any supplement thereto and being 14 intended for and having for their main use the diagnosis, 15 cure, mitigation, treatment or prevention of disease in man 16 or other animals, as approved by the United States Food and 17 Drug Administration, but does not include devices or their 18 components, parts, or accessories; and (2) all other articles 19 intended for and having for their main use the diagnosis, 20 cure, mitigation, treatment or prevention of disease in man 21 or other animals, as approved by the United States Food and 22 Drug Administration, but does not include devices or their 23 components, parts, or accessories; and (3) articles (other 24 than food) having for their main use and intended to affect 25 the structure or any function of the body of man or other 26 animals; and (4) articles having for their main use and 27 intended for use as a component or any articles specified in 28 clause (l), (2) or (3); but does not include devices or their 29 components, parts or accessories. 30 (c) "Medicines" means and includes all drugs intended 31 for human or veterinary use approved by the United States 32 Food and Drug Administration. 33 (d) "Practice of pharmacy" means the provision of 34 pharmaceutical care to patients as determined by the -16- LRB9202753LDpr 1 pharmacist's professional judgment in the following areas, 2 which may include but are not limited to (1) patient 3 counseling, (2) interpretation and assisting in the 4 monitoring of appropriate drug use and prospective drug 5 utilization review, (3) providing information on the 6 therapeutic values, reactions, drug interactions, side 7 effects, uses, selection of medications and medical devices, 8 and outcome of drug therapy, (4) participation in drug 9 selection, drug monitoring, drug utilization review, 10 evaluation, administration, interpretation, application of 11 pharmacokinetic and laboratory data to design safe and 12 effective drug regimens, (5) drug research (clinical and 13 scientific), and (6) compounding and dispensing of drugs and 14 medical devices. 15 (e) "Prescription" means and includes any written, oral, 16 facsimile, or electronically transmitted order for drugs or 17 medical devices, issued by a physician licensed to practice 18 medicine in all its branches, dentist, veterinarian, or 19 podiatrist, or therapeutically certified optometrist, within 20 the limits of their licenses, by a physician assistant in 21 accordance with subsection (f) of Section 4, or by an 22 advanced practice nurse in accordance with subsection (g) of 23 Section 4, containing the following: (l) name of the patient; 24 (2) date when prescription was issued; (3) name and strength 25 of drug or description of the medical device prescribed; and 26 (4) quantity, (5) directions for use, (6) prescriber's name, 27 address and signature, and (7) DEA number where required, for 28 controlled substances. DEA numbers shall not be required on 29 inpatient drug orders. 30 (f) "Person" means and includes a natural person, 31 copartnership, association, corporation, government entity, 32 or any other legal entity. 33 (g) "Department" means the Department of Professional 34 Regulation. -17- LRB9202753LDpr 1 (h) "Board of Pharmacy" or "Board" means the State Board 2 of Pharmacy of the Department of Professional Regulation. 3 (i) "Director" means the Director of Professional 4 Regulation. 5 (j) "Drug product selection" means the interchange for a 6 prescribed pharmaceutical product in accordance with Section 7 25 of this Act and Section 3.14 of the Illinois Food, Drug 8 and Cosmetic Act. 9 (k) "Inpatient drug order" means an order issued by an 10 authorized prescriber for a resident or patient of a facility 11 licensed under the Nursing Home Care Act or the Hospital 12 Licensing Act, or "An Act in relation to the founding and 13 operation of the University of Illinois Hospital and the 14 conduct of University of Illinois health care programs", 15 approved July 3, 1931, as amended, or a facility which is 16 operated by the Department of Human Services (as successor to 17 the Department of Mental Health and Developmental 18 Disabilities) or the Department of Corrections. 19 (k-5) "Pharmacist" means an individual currently 20 licensed by this State to engage in the practice of pharmacy. 21 (l) "Pharmacist in charge" means the licensed pharmacist 22 whose name appears on a pharmacy license who is responsible 23 for all aspects of the operation related to the practice of 24 pharmacy. 25 (m) "Dispense" means the delivery of drugs and medical 26 devices, in accordance with applicable State and federal laws 27 and regulations, to the patient or the patient's 28 representative authorized to receive these products, 29 including the compounding, packaging, and labeling necessary 30 for delivery, and any recommending or advising concerning the 31 contents and therapeutic values and uses thereof. "Dispense" 32 does not mean the physical delivery to a patient or a 33 patient's representative in a home or institution by a 34 designee of a pharmacist or by common carrier. "Dispense" -18- LRB9202753LDpr 1 also does not mean the physical delivery of a drug or medical 2 device to a patient or patient's representative by a 3 pharmacist's designee within a pharmacy or drugstore while 4 the pharmacist is on duty and the pharmacy is open. 5 (n) "Mail-order pharmacy" means a pharmacy that is 6 located in a state of the United States, other than Illinois, 7 that delivers, dispenses or distributes, through the United 8 States Postal Service or other common carrier, to Illinois 9 residents, any substance which requires a prescription. 10 (o) "Compounding" means the preparation, mixing, 11 assembling, packaging, or labeling of a drug or medical 12 device: (1) as the result of a practitioner's prescription 13 drug order or initiative that is dispensed pursuant to a 14 prescription in the course of professional practice; or (2) 15 for the purpose of, or incident to, research, teaching, or 16 chemical analysis; or (3) in anticipation of prescription 17 drug orders based on routine, regularly observed prescribing 18 patterns. 19 (p) "Confidential information" means information, 20 maintained by the pharmacist in the patient's records, 21 released only (i) to the patient or, as the patient directs, 22 to other practitioners and other pharmacists or (ii) to any 23 other person authorized by law to receive the information. 24 (q) "Prospective drug review" or "drug utilization 25 evaluation" means a screening for potential drug therapy 26 problems due to therapeutic duplication, drug-disease 27 contraindications, drug-drug interactions (including serious 28 interactions with nonprescription or over-the-counter drugs), 29 drug-food interactions, incorrect drug dosage or duration of 30 drug treatment, drug-allergy interactions, and clinical abuse 31 or misuse. 32 (r) "Patient counseling" means the communication between 33 a pharmacist or a student pharmacist under the direct 34 supervision of a pharmacist and a patient or the patient's -19- LRB9202753LDpr 1 representative about the patient's medication or device for 2 the purpose of optimizing proper use of prescription 3 medications or devices. The offer to counsel by the 4 pharmacist or the pharmacist's designee, and subsequent 5 patient counseling by the pharmacist or student pharmacist, 6 shall be made in a face-to-face communication with the 7 patient or patient's representative unless, in the 8 professional judgment of the pharmacist, a face-to-face 9 communication is deemed inappropriate or unnecessary. In 10 that instance, the offer to counsel or patient counseling may 11 be made in a written communication, by telephone, or in a 12 manner determined by the pharmacist to be appropriate. 13 (s) "Patient profiles" or "patient drug therapy record" 14 means the obtaining, recording, and maintenance of patient 15 prescription and personal information. 16 (t) "Pharmaceutical care" includes, but is not limited 17 to, the act of monitoring drug use and other patient care 18 services intended to achieve outcomes that improve the 19 patient's quality of life but shall not include the sale of 20 over-the-counter drugs by a seller of goods and services who 21 does not dispense prescription drugs. 22 (u) "Medical device" means an instrument, apparatus, 23 implement, machine, contrivance, implant, in vitro reagent, 24 or other similar or related article, including any component 25 part or accessory, required under federal law to bear the 26 label "Caution: Federal law requires dispensing by or on the 27 order of a physician". A seller of goods and services who, 28 only for the purpose of retail sales, compounds, sells, 29 rents, or leases medical devices shall not, by reasons 30 thereof, be required to be a licensed pharmacy. 31 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97; 32 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff. 33 7-30-98; 90-742, eff. 8-13-98.) -20- LRB9202753LDpr 1 (225 ILCS 85/4) (from Ch. 111, par. 4124) 2 Sec. 4. Exemptions. Nothing contained in any Section of 3 this Act shall apply to, or in any manner interfere with: 4 (a) the lawful practice of any physician licensed to 5 practice medicine in all of its branches, dentist, 6 podiatrist, veterinarian, psychologist certified to 7 prescribe, or therapeutically or diagnostically certified 8 optometrist within the limits of his or her license, or 9 prevent him or her from supplying to his or her bona fide 10 patients such drugs, medicines, or poisons as may seem to him 11 appropriate; 12 (b) the sale of compressed gases; 13 (c) the sale of patent or proprietary medicines and 14 household remedies when sold in original and unbroken 15 packages only, if such patent or proprietary medicines and 16 household remedies be properly and adequately labeled as to 17 content and usage and generally considered and accepted as 18 harmless and nonpoisonous when used according to the 19 directions on the label, and also do not contain opium or 20 coca leaves, or any compound, salt or derivative thereof, or 21 any drug which, according to the latest editions of the 22 following authoritative pharmaceutical treatises and 23 standards, namely, The United States Pharmacopoeia/National 24 Formulary (USP/NF), the United States Dispensatory, and the 25 Accepted Dental Remedies of the Council of Dental 26 Therapeutics of the American Dental Association or any or 27 either of them, in use on the effective date of this Act, or 28 according to the existing provisions of the Federal Food, 29 Drug, and Cosmetic Act and Regulations of the Department of 30 Health and Human Services, Food and Drug Administration, 31 promulgated thereunder now in effect, is designated, 32 described or considered as a narcotic, hypnotic, habit 33 forming, dangerous, or poisonous drug; 34 (d) the sale of poultry and livestock remedies in -21- LRB9202753LDpr 1 original and unbroken packages only, labeled for poultry and 2 livestock medication; 3 (e) the sale of poisonous substances or mixture of 4 poisonous substances, in unbroken packages, for nonmedicinal 5 use in the arts or industries or for insecticide purposes; 6 provided, they are properly and adequately labeled as to 7 content and such nonmedicinal usage, in conformity with the 8 provisions of all applicable federal, state and local laws 9 and regulations promulgated thereunder now in effect relating 10 thereto and governing the same, and those which are required 11 under such applicable laws and regulations to be labeled with 12 the word "Poison", are also labeled with the word "Poison" 13 printed thereon in prominent type and the name of a readily 14 obtainable antidote with directions for its administration; 15 (f) the delegation of limited prescriptive authority by 16 a physician licensed to practice medicine in all its branches 17 to a physician assistant under Section 7.5 of the Physician 18 Assistant Practice Act of 1987. This delegated authority may 19 but is not required to include prescription of Schedule III, 20 IV, or V controlled substances, as defined in Article II of 21 the Illinois Controlled Substances Act, in accordance with 22 written guidelines under Section 7.5 of the Physician 23 Assistant Practice Act of 1987; and 24 (g) The delegation of limited prescriptive authority by 25 a physician licensed to practice medicine in all its branches 26 to an advanced practice nurse in accordance with a written 27 collaborative agreement under Sections 15-15 and 15-20 of the 28 Nursing and Advanced Practice Nursing Act. This delegated 29 authority may but is not required to include the prescription 30 of Schedule III, IV, or V controlled substances as defined in 31 Article II of the Illinois Controlled Substances Act. 32 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 33 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.) -22- LRB9202753LDpr 1 Section 20. The Illinois Controlled Substances Act is 2 amended by changing Section 102 as follows: 3 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) 4 Sec. 102. Definitions. As used in this Act, unless the 5 context otherwise requires: 6 (a) "Addict" means any person who habitually uses any 7 drug, chemical, substance or dangerous drug other than 8 alcohol so as to endanger the public morals, health, safety 9 or welfare or who is so far addicted to the use of a 10 dangerous drug or controlled substance other than alcohol as 11 to have lost the power of self control with reference to his 12 addiction. 13 (b) "Administer" means the direct application of a 14 controlled substance, whether by injection, inhalation, 15 ingestion, or any other means, to the body of a patient or 16 research subject by: 17 (1) a practitioner (or, in his presence, by his 18 authorized agent), or 19 (2) the patient or research subject at the lawful 20 direction of the practitioner. 21 (c) "Agent" means an authorized person who acts on 22 behalf of or at the direction of a manufacturer, distributor, 23 or dispenser. It does not include a common or contract 24 carrier, public warehouseman or employee of the carrier or 25 warehouseman. 26 (c-1) "Anabolic Steroids" means any drug or hormonal 27 substance, chemically and pharmacologically related to 28 testosterone (other than estrogens, progestins, and 29 corticosteroids) that promotes muscle growth, and includes: 30 (i) boldenone, 31 (ii) chlorotestosterone, 32 (iii) chostebol, 33 (iv) dehydrochlormethyltestosterone, -23- LRB9202753LDpr 1 (v) dihydrotestosterone, 2 (vi) drostanolone, 3 (vii) ethylestrenol, 4 (viii) fluoxymesterone, 5 (ix) formebulone, 6 (x) mesterolone, 7 (xi) methandienone, 8 (xii) methandranone, 9 (xiii) methandriol, 10 (xiv) methandrostenolone, 11 (xv) methenolone, 12 (xvi) methyltestosterone, 13 (xvii) mibolerone, 14 (xviii) nandrolone, 15 (xix) norethandrolone, 16 (xx) oxandrolone, 17 (xxi) oxymesterone, 18 (xxii) oxymetholone, 19 (xxiii) stanolone, 20 (xxiv) stanozolol, 21 (xxv) testolactone, 22 (xxvi) testosterone, 23 (xxvii) trenbolone, and 24 (xxviii) any salt, ester, or isomer of a drug 25 or substance described or listed in this paragraph, 26 if that salt, ester, or isomer promotes muscle 27 growth. 28 Any person who is otherwise lawfully in possession of an 29 anabolic steroid, or who otherwise lawfully manufactures, 30 distributes, dispenses, delivers, or possesses with intent to 31 deliver an anabolic steroid, which anabolic steroid is 32 expressly intended for and lawfully allowed to be 33 administered through implants to livestock or other nonhuman 34 species, and which is approved by the Secretary of Health and -24- LRB9202753LDpr 1 Human Services for such administration, and which the person 2 intends to administer or have administered through such 3 implants, shall not be considered to be in unauthorized 4 possession or to unlawfully manufacture, distribute, 5 dispense, deliver, or possess with intent to deliver such 6 anabolic steroid for purposes of this Act. 7 (d) "Administration" means the Drug Enforcement 8 Administration, United States Department of Justice, or its 9 successor agency. 10 (e) "Control" means to add a drug or other substance, or 11 immediate precursor, to a Schedule under Article II of this 12 Act whether by transfer from another Schedule or otherwise. 13 (f) "Controlled Substance" means a drug, substance, or 14 immediate precursor in the Schedules of Article II of this 15 Act. 16 (g) "Counterfeit substance" means a controlled 17 substance, which, or the container or labeling of which, 18 without authorization bears the trademark, trade name, or 19 other identifying mark, imprint, number or device, or any 20 likeness thereof, of a manufacturer, distributor, or 21 dispenser other than the person who in fact manufactured, 22 distributed, or dispensed the substance. 23 (h) "Deliver" or "delivery" means the actual, 24 constructive or attempted transfer of possession of a 25 controlled substance, with or without consideration, whether 26 or not there is an agency relationship. 27 (i) "Department" means the Illinois Department of Human 28 Services (as successor to the Department of Alcoholism and 29 Substance Abuse) or its successor agency. 30 (j) "Department of State Police" means the Department of 31 State Police of the State of Illinois or its successor 32 agency. 33 (k) "Department of Corrections" means the Department of 34 Corrections of the State of Illinois or its successor agency. -25- LRB9202753LDpr 1 (l) "Department of Professional Regulation" means the 2 Department of Professional Regulation of the State of 3 Illinois or its successor agency. 4 (m) "Depressant" or "stimulant substance" means: 5 (1) a drug which contains any quantity of (i) 6 barbituric acid or any of the salts of barbituric acid 7 which has been designated as habit forming under section 8 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 9 U.S.C. 352 (d)); or 10 (2) a drug which contains any quantity of (i) 11 amphetamine or methamphetamine and any of their optical 12 isomers; (ii) any salt of amphetamine or methamphetamine 13 or any salt of an optical isomer of amphetamine; or (iii) 14 any substance which the Department, after investigation, 15 has found to be, and by rule designated as, habit forming 16 because of its depressant or stimulant effect on the 17 central nervous system; or 18 (3) lysergic acid diethylamide; or 19 (4) any drug which contains any quantity of a 20 substance which the Department, after investigation, has 21 found to have, and by rule designated as having, a 22 potential for abuse because of its depressant or 23 stimulant effect on the central nervous system or its 24 hallucinogenic effect. 25 (n) (Blank). 26 (o) "Director" means the Director of the Department of 27 State Police or the Department of Professional Regulation or 28 his designated agents. 29 (p) "Dispense" means to deliver a controlled substance 30 to an ultimate user or research subject by or pursuant to the 31 lawful order of a prescriber, including the prescribing, 32 administering, packaging, labeling, or compounding necessary 33 to prepare the substance for that delivery. 34 (q) "Dispenser" means a practitioner who dispenses. -26- LRB9202753LDpr 1 (r) "Distribute" means to deliver, other than by 2 administering or dispensing, a controlled substance. 3 (s) "Distributor" means a person who distributes. 4 (t) "Drug" means (1) substances recognized as drugs in 5 the official United States Pharmacopoeia, Official 6 Homeopathic Pharmacopoeia of the United States, or official 7 National Formulary, or any supplement to any of them; (2) 8 substances intended for use in diagnosis, cure, mitigation, 9 treatment, or prevention of disease in man or animals; (3) 10 substances (other than food) intended to affect the structure 11 of any function of the body of man or animals and (4) 12 substances intended for use as a component of any article 13 specified in clause (1), (2), or (3) of this subsection. It 14 does not include devices or their components, parts, or 15 accessories. 16 (u) "Good faith" means the prescribing or dispensing of 17 a controlled substance by a practitioner in the regular 18 course of professional treatment to or for any person who is 19 under his treatment for a pathology or condition other than 20 that individual's physical or psychological dependence upon 21 or addiction to a controlled substance, except as provided 22 herein: and application of the term to a pharmacist shall 23 mean the dispensing of a controlled substance pursuant to the 24 prescriber's order which in the professional judgment of the 25 pharmacist is lawful. The pharmacist shall be guided by 26 accepted professional standards including, but not limited to 27 the following, in making the judgment: 28 (1) lack of consistency of doctor-patient 29 relationship, 30 (2) frequency of prescriptions for same drug by one 31 prescriber for large numbers of patients, 32 (3) quantities beyond those normally prescribed, 33 (4) unusual dosages, 34 (5) unusual geographic distances between patient, -27- LRB9202753LDpr 1 pharmacist and prescriber, 2 (6) consistent prescribing of habit-forming drugs. 3 (u-1) "Home infusion services" means services provided 4 by a pharmacy in compounding solutions for direct 5 administration to a patient in a private residence, long-term 6 care facility, or hospice setting by means of parenteral, 7 intravenous, intramuscular, subcutaneous, or intraspinal 8 infusion. 9 (v) "Immediate precursor" means a substance: 10 (1) which the Department has found to be and by 11 rule designated as being a principal compound used, or 12 produced primarily for use, in the manufacture of a 13 controlled substance; 14 (2) which is an immediate chemical intermediary 15 used or likely to be used in the manufacture of such 16 controlled substance; and 17 (3) the control of which is necessary to prevent, 18 curtail or limit the manufacture of such controlled 19 substance. 20 (w) "Instructional activities" means the acts of 21 teaching, educating or instructing by practitioners using 22 controlled substances within educational facilities approved 23 by the State Board of Education or its successor agency. 24 (x) "Local authorities" means a duly organized State, 25 County or Municipal peace unit or police force. 26 (y) "Look-alike substance" means a substance, other than 27 a controlled substance which (1) by overall dosage unit 28 appearance, including shape, color, size, markings or lack 29 thereof, taste, consistency, or any other identifying 30 physical characteristic of the substance, would lead a 31 reasonable person to believe that the substance is a 32 controlled substance, or (2) is expressly or impliedly 33 represented to be a controlled substance or is distributed 34 under circumstances which would lead a reasonable person to -28- LRB9202753LDpr 1 believe that the substance is a controlled substance. For the 2 purpose of determining whether the representations made or 3 the circumstances of the distribution would lead a reasonable 4 person to believe the substance to be a controlled substance 5 under this clause (2) of subsection (y), the court or other 6 authority may consider the following factors in addition to 7 any other factor that may be relevant: 8 (a) statements made by the owner or person in 9 control of the substance concerning its nature, use or 10 effect; 11 (b) statements made to the buyer or recipient that 12 the substance may be resold for profit; 13 (c) whether the substance is packaged in a manner 14 normally used for the illegal distribution of controlled 15 substances; 16 (d) whether the distribution or attempted 17 distribution included an exchange of or demand for money 18 or other property as consideration, and whether the 19 amount of the consideration was substantially greater 20 than the reasonable retail market value of the substance. 21 Clause (1) of this subsection (y) shall not apply to a 22 noncontrolled substance in its finished dosage form that was 23 initially introduced into commerce prior to the initial 24 introduction into commerce of a controlled substance in its 25 finished dosage form which it may substantially resemble. 26 Nothing in this subsection (y) prohibits the dispensing 27 or distributing of noncontrolled substances by persons 28 authorized to dispense and distribute controlled substances 29 under this Act, provided that such action would be deemed to 30 be carried out in good faith under subsection (u) if the 31 substances involved were controlled substances. 32 Nothing in this subsection (y) or in this Act prohibits 33 the manufacture, preparation, propagation, compounding, 34 processing, packaging, advertising or distribution of a drug -29- LRB9202753LDpr 1 or drugs by any person registered pursuant to Section 510 of 2 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). 3 (y-1) "Mail-order pharmacy" means a pharmacy that is 4 located in a state of the United States, other than Illinois, 5 that delivers, dispenses or distributes, through the United 6 States Postal Service or other common carrier, to Illinois 7 residents, any substance which requires a prescription. 8 (z) "Manufacture" means the production, preparation, 9 propagation, compounding, conversion or processing of a 10 controlled substance, either directly or indirectly, by 11 extraction from substances of natural origin, or 12 independently by means of chemical synthesis, or by a 13 combination of extraction and chemical synthesis, and 14 includes any packaging or repackaging of the substance or 15 labeling of its container, except that this term does not 16 include: 17 (1) by an ultimate user, the preparation or 18 compounding of a controlled substance for his own use; or 19 (2) by a practitioner, or his authorized agent 20 under his supervision, the preparation, compounding, 21 packaging, or labeling of a controlled substance: 22 (a) as an incident to his administering or 23 dispensing of a controlled substance in the course 24 of his professional practice; or 25 (b) as an incident to lawful research, 26 teaching or chemical analysis and not for sale. 27 (z-1) "Methamphetamine manufacturing chemical" means any 28 of the following chemicals or substances containing any of 29 the following chemicals: benzyl methyl ketone, ephedrine, 30 methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or 31 pseudoephedrine or any of the salts, optical isomers, or 32 salts of optical isomers of the above-listed chemicals. 33 (aa) "Narcotic drug" means any of the following, whether 34 produced directly or indirectly by extraction from substances -30- LRB9202753LDpr 1 of natural origin, or independently by means of chemical 2 synthesis, or by a combination of extraction and chemical 3 synthesis: 4 (1) opium and opiate, and any salt, compound, 5 derivative, or preparation of opium or opiate; 6 (2) any salt, compound, isomer, derivative, or 7 preparation thereof which is chemically equivalent or 8 identical with any of the substances referred to in 9 clause (1), but not including the isoquinoline alkaloids 10 of opium; 11 (3) opium poppy and poppy straw; 12 (4) coca leaves and any salts, compound, isomer, 13 salt of an isomer, derivative, or preparation of coca 14 leaves including cocaine or ecgonine, and any salt, 15 compound, isomer, derivative, or preparation thereof 16 which is chemically equivalent or identical with any of 17 these substances, but not including decocainized coca 18 leaves or extractions of coca leaves which do not contain 19 cocaine or ecgonine (for the purpose of this paragraph, 20 the term "isomer" includes optical, positional and 21 geometric isomers). 22 (bb) "Nurse" means a registered nurse licensed under the 23 Nursing and Advanced Practice Nursing Act. 24 (cc) (Blank). 25 (dd) "Opiate" means any substance having an addiction 26 forming or addiction sustaining liability similar to morphine 27 or being capable of conversion into a drug having addiction 28 forming or addiction sustaining liability. 29 (ee) "Opium poppy" means the plant of the species 30 Papaver somniferum L., except its seeds. 31 (ff) "Parole and Pardon Board" means the Parole and 32 Pardon Board of the State of Illinois or its successor 33 agency. 34 (gg) "Person" means any individual, corporation, -31- LRB9202753LDpr 1 mail-order pharmacy, government or governmental subdivision 2 or agency, business trust, estate, trust, partnership or 3 association, or any other entity. 4 (hh) "Pharmacist" means any person who holds a 5 certificate of registration as a registered pharmacist, a 6 local registered pharmacist or a registered assistant 7 pharmacist under the Pharmacy Practice Act of 1987. 8 (ii) "Pharmacy" means any store, ship or other place in 9 which pharmacy is authorized to be practiced under the 10 Pharmacy Practice Act of 1987. 11 (jj) "Poppy straw" means all parts, except the seeds, of 12 the opium poppy, after mowing. 13 (kk) "Practitioner" means a physician licensed to 14 practice medicine in all its branches, dentist, podiatrist, 15 veterinarian, psychologist, scientific investigator, 16 pharmacist, physician assistant, advanced practice nurse, 17 licensed practical nurse, registered nurse, hospital, 18 laboratory, or pharmacy, or other person licensed, 19 registered, or otherwise lawfully permitted by the United 20 States or this State to distribute, dispense, conduct 21 research with respect to, administer or use in teaching or 22 chemical analysis, a controlled substance in the course of 23 professional practice or research. 24 (ll) "Pre-printed prescription" means a written 25 prescription upon which the designated drug has been 26 indicated prior to the time of issuance. 27 (mm) "Prescriber" means a physician licensed to practice 28 medicine in all its branches, dentist, podiatrist, 29 psychologist certified to prescribe or veterinarian who 30 issues a prescription, a physician assistant who issues a 31 prescription for a Schedule III, IV, or V controlled 32 substance in accordance with Section 303.05 and the written 33 guidelines required under Section 7.5 of the Physician 34 Assistant Practice Act of 1987, or an advanced practice nurse -32- LRB9202753LDpr 1 with prescriptive authority in accordance with Section 303.05 2 and a written collaborative agreement under Sections 15-15 3 and 15-20 of the Nursing and Advanced Practice Nursing Act. 4 (nn) "Prescription" means a lawful written, facsimile, 5 or verbal order of a physician licensed to practice medicine 6 in all its branches, dentist, podiatrist or veterinarian for 7 any controlled substance, of a physician assistant for a 8 Schedule III, IV, or V controlled substance in accordance 9 with Section 303.05 and the written guidelines required under 10 Section 7.5 of the Physician Assistant Practice Act of 1987, 11 or of an advanced practice nurse who issues a prescription 12 for a Schedule III, IV, or V controlled substance in 13 accordance with Section 303.05 and a written collaborative 14 agreement under Sections 15-15 and 15-20 of the Nursing and 15 Advanced Practice Nursing Act. 16 (oo) "Production" or "produce" means manufacture, 17 planting, cultivating, growing, or harvesting of a controlled 18 substance. 19 (pp) "Registrant" means every person who is required to 20 register under Section 302 of this Act. 21 (qq) "Registry number" means the number assigned to each 22 person authorized to handle controlled substances under the 23 laws of the United States and of this State. 24 (rr) "State" includes the State of Illinois and any 25 state, district, commonwealth, territory, insular possession 26 thereof, and any area subject to the legal authority of the 27 United States of America. 28 (ss) "Ultimate user" means a person who lawfully 29 possesses a controlled substance for his own use or for the 30 use of a member of his household or for administering to an 31 animal owned by him or by a member of his household. 32 (Source: P.A. 90-116, eff. 7-14-97; 90-742, eff. 8-13-98; 33 90-818, eff. 3-23-99; 91-403, eff. 1-1-00; 91-714, eff. 34 6-2-00.)