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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ Senate Amendment 001 ]||[ Conference Committee Report 001 ]|
90_SB0859enr 225 ILCS 410/1-11 from Ch. 111, par. 1701-11 Amends the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 to exclude from regulation under the Act certain providers of personal care and health care services. Effective immediately. LRB9002932DPks SB859 Enrolled LRB9002932DPks 1 AN ACT concerning health practitioners. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 3. The Medical Practice Act of 1987 is amended 5 by changing Section 11 as follows: 6 (225 ILCS 60/11) (from Ch. 111, par. 4400-11) 7 Sec. 11. Minimum education standards. The minimum 8 standards of professional education to be enforced by the 9 Department in conducting examinations and issuing licenses 10 shall be as follows: 11 (A) Practice of medicine. For the practice of 12 medicine in all of its branches: 13 (1) For applications for licensure under 14 subsection (D) of Section 19 of this Act: 15 (a) that the applicant is a graduate of a 16 medical or osteopathic college in the United 17 States, its territories or Canada, that the 18 applicant has completed a 2 year course of 19 instruction in a college of liberal arts, or 20 its equivalent, and a course of instruction in 21 a medical or osteopathic college approved by 22 the Department or by a private, not for profit 23 accrediting body approved by the Department, 24 and in addition thereto, a course of 25 postgraduate clinical training of not less than 26 12 months as approved by the Department; or 27 (b) that the applicant is a graduate of a 28 medical or osteopathic college located outside 29 the United States, its territories or Canada, 30 and that the degree conferred is officially 31 recognized by the country for the purposes of SB859 Enrolled -2- LRB9002932DPks 1 licensure, that the applicant has completed a 2 2 year course of instruction in a college of 3 liberal arts or its equivalent, and a course of 4 instruction in a medical or osteopathic college 5 approved by the Department, which course shall 6 have been not less than 132 weeks in duration 7 and shall have been completed within a period 8 of not less than 35 months, and, in addition 9 thereto, has completed a course of postgraduate 10 clinical training of not less than 12 months, 11 as approved by the Department, and has complied 12 with any other standards established by rule 13
taken and passed the Educational Commission of14 Foreign Medical Graduates Examination. 15 For the purposes of this subparagraph (b) 16 an applicant is considered to be a graduate of 17 a medical college if the degree which is 18 conferred is officially recognized by that 19 country for the purposes of receiving a license 20 to practice medicine in all of its branches or 21 a document is granted by the medical college 22 which certifies the completion of all formal 23 training requirements including any internship 24 and social service; or 25 (c) that the applicant has studied 26 medicine at a medical or osteopathic college 27 located outside the United States, its 28 territories, or Canada, that the applicant has 29 completed a 2 year course of instruction in a 30 college of liberal arts or its equivalent and 31 all of the formal requirements of a foreign 32 medical school except internship and social 33 service, which course shall have been not less 34 than 132 weeks in duration and shall have been SB859 Enrolled -3- LRB9002932DPks 1 completed within a period of not less than 35 2 months; that the applicant has submitted an 3 application to a medical college accredited by 4 the Liaison Committee on Medical Education and 5 submitted to such evaluation procedures, 6 including use of nationally recognized medical 7 student tests or tests devised by the 8 individual medical college, and that the 9 applicant has satisfactorily completed one 10 academic year of supervised clinical training 11 under the direction of such medical college; 12 and, in addition thereto has completed a course 13 of postgraduate clinical training of not less 14 than 12 months, as approved by the Department, 15 and has complied with any other standards 16 established by rule taken and passed the17 Educational Commission of Foreign Medical18 Graduates Examination. 19 (d) Any clinical clerkships must have 20 been completed in compliance with Section 10.3 21 of the Hospital Licensing Act, as amended. 22 (2) Effective January 1, 1988, for 23 applications for licensure made subsequent to 24 January 1, 1988, under Sections 9 or 17 of this Act 25 by individuals not described in paragraph (3) of 26 subsection (A) of Section 11 who graduated after 27 December 31, 1984: 28 (a) that the applicant: (i) graduated 29 from a medical or osteopathic college 30 officially recognized by the jurisdiction in 31 which it is located for the purpose of 32 receiving a license to practice medicine in all 33 of its branches, and the applicant has 34 completed, as defined by the Department, a 6 SB859 Enrolled -4- LRB9002932DPks 1 year postsecondary course of study comprising 2 at least 2 academic years of study in the basic 3 medical sciences; and 2 academic years of study 4 in the clinical sciences, while enrolled in the 5 medical college which conferred the degree, the 6 core rotations of which must have been 7 completed in clinical teaching facilities 8 owned, operated or formally affiliated with the 9 medical college which conferred the degree, or 10 under contract in teaching facilities owned, 11 operated or affiliated with another medical 12 college which is officially recognized by the 13 jurisdiction in which the medical school which 14 conferred the degree is located; or (ii) 15 graduated from a medical or osteopathic college 16 accredited by the Liaison Committee on Medical 17 Education, the Committee on Accreditation of 18 Canadian Medical Schools in conjunction with 19 the Liaison Committee on Medical Education, or 20 the Bureau of Professional Education of the 21 American Osteopathic Association; and, (iii) in 22 addition thereto, has completed a course of 23 postgraduate clinical training of not less than 24 24 months, as approved by the Department; or 25 (b) that the applicant has studied 26 medicine at a medical or osteopathic college 27 located outside the United States, its 28 territories, or Canada, that the applicant, in 29 addition to satisfying the requirements of 30 subparagraph (a), except for the awarding of a 31 degree, has completed all of the formal 32 requirements of a foreign medical school except 33 internship and social service and has submitted 34 an application to a medical college accredited SB859 Enrolled -5- LRB9002932DPks 1 by the Liaison Committee on Medical Education 2 and submitted to such evaluation procedures, 3 including use of nationally recognized medical 4 student tests or tests devised by the 5 individual medical college, and that the 6 applicant has satisfactorily completed one 7 academic year of supervised clinical training 8 under the direction of such medical college; 9 and, in addition thereto, has completed a 10 course of postgraduate clinical training of not 11 less than 24 months, as approved by the 12 Department, and has complied with any other 13 standards established by rule taken and passed14 the Educational Commission of Foreign Medical15 Graduates Examination. 16 (3) (Blank). 17 (4) Any person granted a temporary license 18 pursuant to Section 17 of this Act who shall 19 satisfactorily complete a course of postgraduate 20 clinical training and meet all of the requirements 21 for licensure shall be granted a permanent license 22 pursuant to Section 9. 23 (5) Notwithstanding any other provision of 24 this Section an individual holding a temporary 25 license under Section 17 of this Act shall be 26 required to satisfy the undergraduate medical and 27 post-graduate clinical training educational 28 requirements in effect on the date of their 29 application for a temporary license, provided they 30 apply for a license under Section 9 of this Act and 31 satisfy all other requirements of this Section while 32 their temporary license is in effect. 33 (B) Treating human ailments without drugs and 34 without operative surgery. For the practice of treating SB859 Enrolled -6- LRB9002932DPks 1 human ailments without the use of drugs and without 2 operative surgery: 3 (1) For an applicant who was a resident 4 student and who is a graduate after July 1, 1926, of 5 a chiropractic college or institution, that such 6 school, college or institution, at the time of the 7 applicant's graduation required as a prerequisite to 8 admission thereto a 4 year course of instruction in 9 a high school, and, as a prerequisite to graduation 10 therefrom, a course of instruction in the treatment 11 of human ailments, of not less than 132 weeks in 12 duration and which shall have been completed within 13 a period of not less than 35 months except that as 14 to students matriculating or entering upon a course 15 of chiropractic study during the years 1940, 1941, 16 1942, 1943, 1944, 1945, 1946, and 1947, such elapsed 17 time shall be not less than 32 months, such high 18 school and such school, college or institution 19 having been reputable and in good standing in the 20 judgment of the Department. 21 (2) For an applicant who is a matriculant in a 22 chiropractic college after September 1, 1969, that 23 such applicant shall be required to complete a 2 24 year course of instruction in a liberal arts college 25 or its equivalent and a course of instruction in a 26 chiropractic college in the treatment of human 27 ailments, such course, as a prerequisite to 28 graduation therefrom, having been not less than 132 29 weeks in duration and shall have been completed 30 within a period of not less than 35 months, such 31 college of liberal arts and chiropractic college 32 having been reputable and in good standing in the 33 judgment of the Department. 34 (3) For an applicant who is a graduate of a SB859 Enrolled -7- LRB9002932DPks 1 United States chiropractic college after August 19, 2 1981, the college of the applicant must be fully 3 accredited by the Commission on Accreditation of the 4 Council on Chiropractic Education or its successor 5 at the time of graduation. Such graduates shall be 6 considered to have met the minimum requirements 7 which shall be in addition to those requirements set 8 forth in the rules and regulations promulgated by 9 the Department. 10 (4) For an applicant who is a graduate of a 11 chiropractic college in another country; that such 12 chiropractic college be equivalent to the standards 13 of education as set forth for chiropractic colleges 14 located in the United States. 15 (Source: P.A. 89-702, eff. 7-1-97.) 16 Section 5. The Nursing and Advanced Practice Nursing Act 17 is amended by changing Section 15-20 as follows: 18 (225 ILCS 65/15-20) 19 Sec. 15-20. Prescriptive authority. 20 (a) A collaborating physician may, but is not required 21 to, delegate limited prescriptive authority to an advanced 22 practice nurse as part of a written collaborative agreement. 23 This authority may, but is not required to, include 24 prescription and dispensing of legend drugs and legend 25 controlled substances categorized as Schedule III, IV, or V 26 controlled substances, as defined in Article II of the 27 Illinois Controlled Substances Act. 28 (b) To prescribe Schedule III, IV, or V controlled 29 substances under this Section, an advanced practice nurse 30 must obtain a mid-level practitioner controlled substance 31 license shall affix the collaborating physician's DEA number32 to, and individually sign, the appropriate prescription formSB859 Enrolled -8- LRB9002932DPks 1 containing the printed names of the advanced practice nurse2 and collaborating physician in accordance with the written3 collaborative agreement. Medication orders shall be reviewed 4 periodically by the collaborating physician. 5 (c) The collaborating physician shall file with the 6 Department notice of delegation of prescriptive authority and 7 termination of such delegation, in accordance with rules of 8 the Department. Upon receipt of this notice delegating 9 authority to prescribe Schedule III, IV, or V controlled 10 substances, the licensed advanced practice nurse shall be 11 eligible to register for a mid-level practitioner controlled 12 substance license under Section 303.05 of the Illinois 13 Controlled Substances Act. 14 (d) Nothing in this Act shall be construed to limit the 15 delegation of tasks or duties by a physician to a licensed 16 practical nurse, a registered professional nurse, or other 17 personnel. 18 (Source: P.A. 90-742, eff. 8-13-98.) 19 Section 10. The Physician Assistant Practice Act of 1987 20 is amended by changing Section 7.5 as follows: 21 (225 ILCS 95/7.5) 22 Sec. 7.5. Prescriptions. A supervising physician may 23 delegate limited prescriptive authority to a physician 24 assistant. This authority may, but is not required to, 25 include prescription and dispensing of legend drugs and 26 legend controlled substances categorized as Schedule III, IV, 27 or V controlled substances, as defined in Article II of the 28 Illinois Controlled Substances Act, as delegated in the 29 written guidelines required by this Act. To prescribe 30 Schedule III, IV, or V controlled substances under this 31 Section, a physician assistant must obtain a mid-level 32 practitioner controlled substances license shall affix theSB859 Enrolled -9- LRB9002932DPks 1 supervising physician's DEA number to, and individually sign,2 the appropriate prescription form containing the printed3 names of the physician assistant and supervising physician in4 accordance with the written guidelines. Medication orders 5 issued by a physician assistant shall be reviewed 6 periodically by the supervising physician. The supervising 7 physician shall file with the Department notice of delegation 8 of prescriptive authority to a physician assistant and 9 termination of delegation, specifying the authority delegated 10 or terminated. Upon receipt of this notice delegating 11 authority to prescribe Schedule III, IV, or V controlled 12 substances, the physician assistant shall be eligible to 13 register for a mid-level practitioner controlled substances 14 license under Section 303.05 of the Illinois Controlled 15 Substances Act. Nothing in this Act shall be construed to 16 limit the delegation of tasks or duties by the supervising 17 physician to a nurse or other appropriately trained 18 personnel. 19 The Department shall establish by rule the minimum 20 requirements for written guidelines to be followed under this 21 Section. 22 (Source: P.A. 90-116, eff. 7-14-97.) 23 Section 15. The Illinois Controlled Substances Act is 24 amended by changing Sections 102 and 303 and adding Section 25 303.05 as follows: 26 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) 27 Sec. 102. Definitions. As used in this Act, unless the 28 context otherwise requires: 29 (a) "Addict" means any person who habitually uses any 30 drug, chemical, substance or dangerous drug other than 31 alcohol so as to endanger the public morals, health, safety 32 or welfare or who is so far addicted to the use of a SB859 Enrolled -10- LRB9002932DPks 1 dangerous drug or controlled substance other than alcohol as 2 to have lost the power of self control with reference to his 3 addiction. 4 (b) "Administer" means the direct application of a 5 controlled substance, whether by injection, inhalation, 6 ingestion, or any other means, to the body of a patient or 7 research subject by: 8 (1) a practitioner (or, in his presence, by his 9 authorized agent), or 10 (2) the patient or research subject at the lawful 11 direction of the practitioner. 12 (c) "Agent" means an authorized person who acts on 13 behalf of or at the direction of a manufacturer, distributor, 14 or dispenser. It does not include a common or contract 15 carrier, public warehouseman or employee of the carrier or 16 warehouseman. 17 (c-1) "Anabolic Steroids" means any drug or hormonal 18 substance, chemically and pharmacologically related to 19 testosterone (other than estrogens, progestins, and 20 corticosteroids) that promotes muscle growth, and includes: 21 (i) boldenone, 22 (ii) chlorotestosterone, 23 (iii) chostebol, 24 (iv) dehydrochlormethyltestosterone, 25 (v) dihydrotestosterone, 26 (vi) drostanolone, 27 (vii) ethylestrenol, 28 (viii) fluoxymesterone, 29 (ix) formebulone, 30 (x) mesterolone, 31 (xi) methandienone, 32 (xii) methandranone, 33 (xiii) methandriol, 34 (xiv) methandrostenolone, SB859 Enrolled -11- LRB9002932DPks 1 (xv) methenolone, 2 (xvi) methyltestosterone, 3 (xvii) mibolerone, 4 (xviii) nandrolone, 5 (xix) norethandrolone, 6 (xx) oxandrolone, 7 (xxi) oxymesterone, 8 (xxii) oxymetholone, 9 (xxiii) stanolone, 10 (xxiv) stanozolol, 11 (xxv) testolactone, 12 (xxvi) testosterone, 13 (xxvii) trenbolone, and 14 (xxviii) any salt, ester, or isomer of a drug 15 or substance described or listed in this paragraph, 16 if that salt, ester, or isomer promotes muscle 17 growth. 18 Any person who is otherwise lawfully in possession of an 19 anabolic steroid, or who otherwise lawfully manufactures, 20 distributes, dispenses, delivers, or possesses with intent to 21 deliver an anabolic steroid, which anabolic steroid is 22 expressly intended for and lawfully allowed to be 23 administered through implants to livestock or other nonhuman 24 species, and which is approved by the Secretary of Health and 25 Human Services for such administration, and which the person 26 intends to administer or have administered through such 27 implants, shall not be considered to be in unauthorized 28 possession or to unlawfully manufacture, distribute, 29 dispense, deliver, or possess with intent to deliver such 30 anabolic steroid for purposes of this Act. 31 (d) "Administration" means the Drug Enforcement 32 Administration, United States Department of Justice, or its 33 successor agency. 34 (e) "Control" means to add a drug or other substance, or SB859 Enrolled -12- LRB9002932DPks 1 immediate precursor, to a Schedule under Article II of this 2 Act whether by transfer from another Schedule or otherwise. 3 (f) "Controlled Substance" means a drug, substance, or 4 immediate precursor in the Schedules of Article II of this 5 Act. 6 (g) "Counterfeit substance" means a controlled 7 substance, which, or the container or labeling of which, 8 without authorization bears the trademark, trade name, or 9 other identifying mark, imprint, number or device, or any 10 likeness thereof, of a manufacturer, distributor, or 11 dispenser other than the person who in fact manufactured, 12 distributed, or dispensed the substance. 13 (h) "Deliver" or "delivery" means the actual, 14 constructive or attempted transfer of possession of a 15 controlled substance, with or without consideration, whether 16 or not there is an agency relationship. 17 (i) "Department" means the Illinois Department of Human 18 Services (as successor to the Department of Alcoholism and 19 Substance Abuse) or its successor agency. 20 (j) "Department of State Police" means the Department of 21 State Police of the State of Illinois or its successor 22 agency. 23 (k) "Department of Corrections" means the Department of 24 Corrections of the State of Illinois or its successor agency. 25 (l) "Department of Professional Regulation" means the 26 Department of Professional Regulation of the State of 27 Illinois or its successor agency. 28 (m) "Depressant" or "stimulant substance" means: 29 (1) a drug which contains any quantity of (i) 30 barbituric acid or any of the salts of barbituric acid 31 which has been designated as habit forming under section 32 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 33 U.S.C. 352 (d)); or 34 (2) a drug which contains any quantity of (i) SB859 Enrolled -13- LRB9002932DPks 1 amphetamine or methamphetamine and any of their optical 2 isomers; (ii) any salt of amphetamine or methamphetamine 3 or any salt of an optical isomer of amphetamine; or (iii) 4 any substance which the Department, after investigation, 5 has found to be, and by rule designated as, habit forming 6 because of its depressant or stimulant effect on the 7 central nervous system; or 8 (3) lysergic acid diethylamide; or 9 (4) any drug which contains any quantity of a 10 substance which the Department, after investigation, has 11 found to have, and by rule designated as having, a 12 potential for abuse because of its depressant or 13 stimulant effect on the central nervous system or its 14 hallucinogenic effect. 15 (n) "Designated product" means any narcotic drug, 16 amphetamine, phenmetrazine, methamphetamine, gluthethimide, 17 pentazocine or cannabis product listed in Schedule II and 18 also means a controlled substance listed in Schedule II which 19 is determined and designated by the Department or its 20 successor agency to be such a product. A designated product 21 shall only be dispensed upon an official prescription blank. 22 (o) "Director" means the Director of the Department of 23 State Police or the Department of Professional Regulation or 24 his designated agents. 25 (p) "Dispense" means to deliver a controlled substance 26 to an ultimate user or research subject by or pursuant to the 27 lawful order of a prescriber, including the prescribing, 28 administering, packaging, labeling, or compounding necessary 29 to prepare the substance for that delivery. 30 (q) "Dispenser" means a practitioner who dispenses. 31 (r) "Distribute" means to deliver, other than by 32 administering or dispensing, a controlled substance. 33 (s) "Distributor" means a person who distributes. 34 (t) "Drug" means (1) substances recognized as drugs in SB859 Enrolled -14- LRB9002932DPks 1 the official United States Pharmacopoeia, Official 2 Homeopathic Pharmacopoeia of the United States, or official 3 National Formulary, or any supplement to any of them; (2) 4 substances intended for use in diagnosis, cure, mitigation, 5 treatment, or prevention of disease in man or animals; (3) 6 substances (other than food) intended to affect the structure 7 of any function of the body of man or animals and (4) 8 substances intended for use as a component of any article 9 specified in clause (1), (2), or (3) of this subsection. It 10 does not include devices or their components, parts, or 11 accessories. 12 (u) "Good faith" means the prescribing or dispensing of 13 a controlled substance by a practitioner in the regular 14 course of professional treatment to or for any person who is 15 under his treatment for a pathology or condition other than 16 that individual's physical or psychological dependence upon 17 or addiction to a controlled substance, except as provided 18 herein: and application of the term to a pharmacist shall 19 mean the dispensing of a controlled substance pursuant to the 20 prescriber's order which in the professional judgment of the 21 pharmacist is lawful. The pharmacist shall be guided by 22 accepted professional standards including, but not limited to 23 the following, in making the judgment: 24 (1) lack of consistency of doctor-patient 25 relationship, 26 (2) frequency of prescriptions for same drug by one 27 prescriber for large numbers of patients, 28 (3) quantities beyond those normally prescribed, 29 (4) unusual dosages, 30 (5) unusual geographic distances between patient, 31 pharmacist and prescriber, 32 (6) consistent prescribing of habit-forming drugs. 33 (u-1) "Home infusion services" means services provided 34 by a pharmacy in compounding solutions for direct SB859 Enrolled -15- LRB9002932DPks 1 administration to a patient in a private residence, long-term 2 care facility, or hospice setting by means of parenteral, 3 intravenous, intramuscular, subcutaneous, or intraspinal 4 infusion. 5 (v) "Immediate precursor" means a substance: 6 (1) which the Department has found to be and by 7 rule designated as being a principal compound used, or 8 produced primarily for use, in the manufacture of a 9 controlled substance; 10 (2) which is an immediate chemical intermediary 11 used or likely to be used in the manufacture of such 12 controlled substance; and 13 (3) the control of which is necessary to prevent, 14 curtail or limit the manufacture of such controlled 15 substance. 16 (w) "Instructional activities" means the acts of 17 teaching, educating or instructing by practitioners using 18 controlled substances within educational facilities approved 19 by the State Board of Education or its successor agency. 20 (x) "Local authorities" means a duly organized State, 21 County or Municipal peace unit or police force. 22 (y) "Look-alike substance" means a substance, other than 23 a controlled substance which (1) by overall dosage unit 24 appearance, including shape, color, size, markings or lack 25 thereof, taste, consistency, or any other identifying 26 physical characteristic of the substance, would lead a 27 reasonable person to believe that the substance is a 28 controlled substance, or (2) is expressly or impliedly 29 represented to be a controlled substance or is distributed 30 under circumstances which would lead a reasonable person to 31 believe that the substance is a controlled substance. For the 32 purpose of determining whether the representations made or 33 the circumstances of the distribution would lead a reasonable 34 person to believe the substance to be a controlled substance SB859 Enrolled -16- LRB9002932DPks 1 under this clause (2) of subsection (y), the court or other 2 authority may consider the following factors in addition to 3 any other factor that may be relevant: 4 (a) statements made by the owner or person in 5 control of the substance concerning its nature, use or 6 effect; 7 (b) statements made to the buyer or recipient that 8 the substance may be resold for profit; 9 (c) whether the substance is packaged in a manner 10 normally used for the illegal distribution of controlled 11 substances; 12 (d) whether the distribution or attempted 13 distribution included an exchange of or demand for money 14 or other property as consideration, and whether the 15 amount of the consideration was substantially greater 16 than the reasonable retail market value of the substance. 17 Clause (1) of this subsection (y) shall not apply to a 18 noncontrolled substance in its finished dosage form that was 19 initially introduced into commerce prior to the initial 20 introduction into commerce of a controlled substance in its 21 finished dosage form which it may substantially resemble. 22 Nothing in this subsection (y) prohibits the dispensing 23 or distributing of noncontrolled substances by persons 24 authorized to dispense and distribute controlled substances 25 under this Act, provided that such action would be deemed to 26 be carried out in good faith under subsection (u) if the 27 substances involved were controlled substances. 28 Nothing in this subsection (y) or in this Act prohibits 29 the manufacture, preparation, propagation, compounding, 30 processing, packaging, advertising or distribution of a drug 31 or drugs by any person registered pursuant to Section 510 of 32 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). 33 (y-1) "Mail-order pharmacy" means a pharmacy that is 34 located in a state of the United States, other than Illinois, SB859 Enrolled -17- LRB9002932DPks 1 that delivers, dispenses or distributes, through the United 2 States Postal Service or other common carrier, to Illinois 3 residents, any substance which requires a prescription. 4 (z) "Manufacture" means the production, preparation, 5 propagation, compounding, conversion or processing of a 6 controlled substance, either directly or indirectly, by 7 extraction from substances of natural origin, or 8 independently by means of chemical synthesis, or by a 9 combination of extraction and chemical synthesis, and 10 includes any packaging or repackaging of the substance or 11 labeling of its container, except that this term does not 12 include: 13 (1) by an ultimate user, the preparation or 14 compounding of a controlled substance for his own use; or 15 (2) by a practitioner, or his authorized agent 16 under his supervision, the preparation, compounding, 17 packaging, or labeling of a controlled substance: 18 (a) as an incident to his administering or 19 dispensing of a controlled substance in the course 20 of his professional practice; or 21 (b) as an incident to lawful research, 22 teaching or chemical analysis and not for sale. 23 (aa) "Narcotic drug" means any of the following, whether 24 produced directly or indirectly by extraction from substances 25 of natural origin, or independently by means of chemical 26 synthesis, or by a combination of extraction and chemical 27 synthesis: 28 (1) opium and opiate, and any salt, compound, 29 derivative, or preparation of opium or opiate; 30 (2) any salt, compound, isomer, derivative, or 31 preparation thereof which is chemically equivalent or 32 identical with any of the substances referred to in 33 clause (1), but not including the isoquinoline alkaloids 34 of opium; SB859 Enrolled -18- LRB9002932DPks 1 (3) opium poppy and poppy straw; 2 (4) coca leaves and any salts, compound, isomer, 3 salt of an isomer, derivative, or preparation of coca 4 leaves including cocaine or ecgonine, and any salt, 5 compound, isomer, derivative, or preparation thereof 6 which is chemically equivalent or identical with any of 7 these substances, but not including decocainized coca 8 leaves or extractions of coca leaves which do not contain 9 cocaine or ecgonine (for the purpose of this paragraph, 10 the term "isomer" includes optical, positional and 11 geometric isomers). 12 (bb) "Nurse" means a registered nurse licensed under the 13 Nursing and Advanced Practice Nursing Act. 14 (cc) "Official prescription blanks" means the triplicate 15 prescription forms supplied to prescribers by the Department 16 for prescribing Schedule II Designated Product controlled 17 substances. 18 (dd) "Opiate" means any substance having an addiction 19 forming or addiction sustaining liability similar to morphine 20 or being capable of conversion into a drug having addiction 21 forming or addiction sustaining liability. 22 (ee) "Opium poppy" means the plant of the species 23 Papaver somniferum L., except its seeds. 24 (ff) "Parole and Pardon Board" means the Parole and 25 Pardon Board of the State of Illinois or its successor 26 agency. 27 (gg) "Person" means any individual, corporation, 28 mail-order pharmacy, government or governmental subdivision 29 or agency, business trust, estate, trust, partnership or 30 association, or any other entity. 31 (hh) "Pharmacist" means any person who holds a 32 certificate of registration as a registered pharmacist, a 33 local registered pharmacist or a registered assistant 34 pharmacist under the Pharmacy Practice Act of 1987. SB859 Enrolled -19- LRB9002932DPks 1 (ii) "Pharmacy" means any store, ship or other place in 2 which pharmacy is authorized to be practiced under the 3 Pharmacy Practice Act of 1987. 4 (jj) "Poppy straw" means all parts, except the seeds, of 5 the opium poppy, after mowing. 6 (kk) "Practitioner" means a physician licensed to 7 practice medicine in all its branches, dentist, podiatrist, 8 veterinarian, scientific investigator, pharmacist, physician 9 assistant, advanced practice nurse, licensed practical nurse, 10 registered nurse, hospital, laboratory, or pharmacy, or other 11 person licensed, registered, or otherwise lawfully permitted 12 by the United States or this State to distribute, dispense, 13 conduct research with respect to, administer or use in 14 teaching or chemical analysis, a controlled substance in the 15 course of professional practice or research. 16 (ll) "Pre-printed prescription" means a written 17 prescription upon which the designated drug has been 18 indicated prior to the time of issuance. 19 (mm) "Prescriber" means a physician licensed to practice 20 medicine in all its branches, dentist, podiatrist or 21 veterinarian who issues a prescription, a physician assistant 22 who issues a prescription for a Schedule III, IV, or V 23 controlled substance as delegated by a physician licensed to24 practice medicine in all its branchesin accordance with 25 Section 303.05 and the written guidelines required under 26 Section 7.5 of the Physician Assistant Practice Act of 1987, 27 or an advanced practice nurse with prescriptive authority , as28 delegated by a physician licensed to practice medicine in all29 its branches,in accordance with Section 303.05 and a written 30 collaborative agreement under Sections 15-15 and 15-20 of the 31 Nursing and Advanced Practice Nursing Act. 32 (nn) "Prescription" means a lawful written, facsimile, 33 or verbal order of a physician licensed to practice medicine 34 in all its branches, dentist, podiatrist or veterinarian for SB859 Enrolled -20- LRB9002932DPks 1 any controlled substance, of a physician assistant for a 2 Schedule III, IV, or V controlled substance as delegated by a3 physician licensed to practice medicine in all its branches4 in accordance with Section 303.05 and the written guidelines 5 required under Section 7.5 of the Physician Assistant 6 Practice Act of 1987, or of an advanced practice nurse who 7 issues a prescription for a Schedule III, IV, or V controlled 8 substance , pursuant to prescriptive authority delegated by a9 physician licensed to practice medicine in all its branches,10 in accordance with Section 303.05 and a written collaborative 11 agreement under Sections 15-15 and 15-20 of the Nursing and 12 Advanced Practice Nursing Act. 13 (oo) "Production" or "produce" means manufacture, 14 planting, cultivating, growing, or harvesting of a controlled 15 substance. 16 (pp) "Registrant" means every person who is required to 17 register under Section 302 of this Act. 18 (qq) "Registry number" means the number assigned to each 19 person authorized to handle controlled substances under the 20 laws of the United States and of this State. 21 (rr) "State" includes the State of Illinois and any 22 state, district, commonwealth, territory, insular possession 23 thereof, and any area subject to the legal authority of the 24 United States of America. 25 (ss) "Ultimate user" means a person who lawfully 26 possesses a controlled substance for his own use or for the 27 use of a member of his household or for administering to an 28 animal owned by him or by a member of his household. 29 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97; 30 90-116, eff. 7-14-97; 90-742, eff. 8-13-98.) 31 (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303) 32 Sec. 303. (a) The Department of Professional Regulation 33 shall license registeran applicant to manufacture, SB859 Enrolled -21- LRB9002932DPks 1 distribute or dispense controlled substances included in 2 Sections 204, 206, 208, 210 and 212 of this Act unless it 3 determines that the issuance of that license registration4 would be inconsistent with the public interest. In 5 determining the public interest, the Department of 6 Professional Regulation shall consider the following: 7 (1) maintenance of effective controls against diversion 8 of controlled substances into other than lawful medical, 9 scientific, or industrial channels; 10 (2) compliance with applicable Federal, State and local 11 law; 12 (3) any convictions of the applicant under any law of 13 the United States or of any State relating to any controlled 14 substance; 15 (4) past experience in the manufacture or distribution 16 of controlled substances, and the existence in the 17 applicant's establishment of effective controls against 18 diversion; 19 (5) furnishing by the applicant of false or fraudulent 20 material in any application filed under this Act; 21 (6) suspension or revocation of the applicant's Federal 22 registration to manufacture, distribute, or dispense 23 controlled substances as authorized by Federal law; 24 (7) whether the applicant is suitably equipped with the 25 facilities appropriate to carry on the operation described in 26 his application; 27 (8) whether the applicant is of good moral character or, 28 if the applicant is a partnership, association, corporation 29 or other organization, whether the partners, directors, 30 governing committee and managing officers are of good moral 31 character; 32 (9) any other factors relevant to and consistent with 33 the public health and safety; and 34 (10) Evidence from court, medical disciplinary and SB859 Enrolled -22- LRB9002932DPks 1 pharmacy board records and those of State and Federal 2 investigatory bodies that the applicant has not or does not 3 prescribe controlled substances within the provisions of this 4 Act. 5 (b) No license registrationshall be granted to or 6 renewed for any person who has within 5 years been convicted 7 of a wilful violation of any law of the United States or any 8 law of any State relating to controlled substances, or who is 9 found to be deficient in any of the matters enumerated in 10 subsections (a)(1) through (a)(8). 11 (c) Licensure Registrationunder subsection (a) does not 12 entitle a registrant to manufacture, distribute or dispense 13 controlled substances in Schedules I or II other than those 14 specified in the registration. 15 (d) Practitioners who are licensed registeredto 16 dispense any controlled substances in Schedules II through V 17 are authorized to conduct instructional activities with 18 controlled substances in Schedules II through V under the law 19 of this State. 20 (e) If an applicant for registration is registered under 21 the Federal law to manufacture, distribute or dispense 22 controlled substances, upon filing a completed application 23 for licensure registrationin this State and payment of all 24 fees due hereunder, he shall be licensed registeredin this 25 State to the same extent as his Federal registration, unless, 26 within 30 days after completing his application in this 27 State, the Department of Professional Regulation notifies the 28 applicant that his application has not been granted. A 29 practitioner who is in compliance with the Federal law with 30 respect to registration to dispense controlled substances in 31 Schedules II through V need only send a current copy of that 32 Federal registration to the Department of Professional 33 Regulation and he shall be deemed in compliance with the 34 registration provisions of this State. SB859 Enrolled -23- LRB9002932DPks 1 (f) The fee for registration as a manufacturer or 2 wholesale distributor of controlled substances shall be 3 $50.00 per year, except that the fee for registration as a 4 manufacturer or wholesale distributor of controlled 5 substances that may be dispensed without a prescription under 6 this Act shall be $15.00 per year. The expiration date and 7 renewal period for each controlled substance license 8 certificate of registrationissued under this Act shall be 9 set by rule. 10 (Source: P.A. 85-1209.) 11 (720 ILCS 570/303.05 new) 12 Sec. 303.05. Mid-level practitioner registration. 13 (a) The Department of Professional Regulation shall 14 register licensed physician assistants and licensed advanced 15 practice nurses to prescribe and dispense Schedule III, IV, 16 or V controlled substances under Section 303 under the 17 following circumstances: 18 (1) the physician assistant or advanced practice 19 nurse has been delegated prescriptive authority by a 20 physician licensed to practice medicine in all its 21 branches in accordance with Section 7.5 of the Physician 22 Assistant Practice Act of 1987 or Section 15-20 of the 23 Nursing and Advanced Practice Nursing Act; and 24 (2) the physician assistant or advanced practice 25 nurse has completed the appropriate application forms and 26 has paid the required fees as set by rule. 27 (b) The mid-level practitioner shall only be licensed to 28 prescribe those schedules of controlled substances for which 29 a licensed physician has delegated prescriptive authority. 30 (c) Upon completion of all registration requirements, 31 physician assistants and advanced practice nurses shall be 32 issued a mid-level practitioner controlled substances license 33 for Illinois. SB859 Enrolled -24- LRB9002932DPks 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.
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