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Public Act 095-0242


 

Public Act 0242 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0242
 
HB1366 Enrolled LRB095 04320 RAS 24361 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Optometric Practice Act of 1987 is
amended by changing Sections 15.1 and 16 as follows:
 
    (225 ILCS 80/15.1)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 15.1. Diagnostic and therapeutic authority.
    (a) For purposes of the Act, "ocular pharmaceutical agents"
means topical anesthetics, topical mydriatics, topical
cycloplegics, topical miotics and mydriatic reversing agents,
topical anti-infective agents, topical anti-allergy agents,
topical anti-glaucoma agents (except oral carbonic anhydrase
inhibitors, which may be prescribed only in a quantity
sufficient to provide treatment for up to 72 hours), topical
anti-inflammatory agents (except oral steroids), topical
anesthetic agents, over-the-counter agents, and non-narcotic
oral analgesic agents, and mydriatic reversing agents when used
for diagnostic or therapeutic purposes.
    (a-5) Ocular pharmaceutical agents administered by
injection may be used only for the treatment of anaphylaxis.
    (a-10) Oral pharmaceutical agents may be prescribed for a
child under 5 years of age only in consultation with a
physician licensed to practice medicine in all its branches.
    (a-15) The authority to prescribe a Schedule III, IV, or V
controlled substance shall include only analgesic agents in a
quantity sufficient to provide treatment for up to 72 hours.
The prescription of a Schedule II controlled substance is
prohibited.
    (b) A licensed optometrist may remove superficial foreign
bodies from the human eye and adnexa and may give orders for
patient care to a nurse licensed to practice under Illinois
law.
     (c) An optometrist's license shall be revoked or suspended
by the Department upon recommendation of the Board based upon
either of the following causes:
        (1) grave or repeated misuse of any ocular
    pharmaceutical agent; and
        (2) the use of any agent or procedure in the course of
    optometric practice by an optometrist not properly
    authorized under this Act.
    (d) The Secretary of Financial and Professional Regulation
shall notify the Director of Public Health as to the categories
of ocular pharmaceutical agents permitted for use by an
optometrist. The Director of Public Health shall in turn notify
every licensed pharmacist in the State of the categories of
ocular pharmaceutical agents that can be utilized and
prescribed by an optometrist.
(Source: P.A. 94-787, eff. 5-19-06.)
 
    (225 ILCS 80/16)  (from Ch. 111, par. 3916)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 16. Renewal, reinstatement or restoration of
licenses; military service. The expiration date and renewal
period for each license issued under this Act shall be set by
rule.
    All renewal applicants shall provide proof of having met
the requirements of continuing education set forth in the rules
of the Department. The Department shall, by rule, provide for
an orderly process for the reinstatement of licenses which have
not been renewed due to failure to meet the continuing
education requirements. The continuing education requirement
may be waived for such good cause, including but not limited to
illness or hardship, as defined by rules of the Department.
    The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be accomplished
through audits of records maintained by registrants; by
requiring the filing of continuing education certificates with
the Department; or by other means established by the
Department.
    Any licensee seeking renewal of his or her license during
the renewal cycle beginning April 1, 2008 must first complete a
tested educational course in the use of oral pharmaceutical
agents for the management of ocular conditions, as approved by
the Board.
    Any optometrist who has permitted his or her license to
expire or who has had his or her license on inactive status may
have his or her license restored by making application to the
Department and filing proof acceptable to the Department of his
or her fitness to have his or her license restored and by
paying the required fees. Such proof of fitness may include
evidence certifying to active lawful practice in another
jurisdiction and must include proof of the completion of the
continuing education requirements specified in the rules for
the preceding license renewal period that has been completed
during the 2 years prior to the application for license
restoration.
    The Department shall determine, by an evaluation program
established by rule, his or her fitness for restoration of his
or her license and shall establish procedures and requirements
for such restoration.
    However, any optometrist whose license expired while he or
she was (1) in Federal Service on active duty with the Armed
Forces of the United States, or the State Militia called into
service or training, or (2) in training or education under the
supervision of the United States preliminary to induction into
the military service, may have his or her license restored
without paying any lapsed renewal fees if within 2 years after
honorable termination of such service, training, or education,
he or she furnishes the Department with satisfactory evidence
to the effect that he or she has been so engaged and that his or
her service, training, or education has been so terminated.
    All licenses without "Therapeutic Certification" on March
31, 2006 shall be placed on non-renewed status and may only be
renewed after the licensee meets those requirements
established by the Department that may not be waived.
(Source: P.A. 94-787, eff. 5-19-06.)
 
    Section 10. The Illinois Controlled Substances Act is
amended by changing Sections 102 and 103 as follows:
 
    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
    Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Addict" means any person who habitually uses any drug,
chemical, substance or dangerous drug other than alcohol so as
to endanger the public morals, health, safety or welfare or who
is so far addicted to the use of a dangerous drug or controlled
substance other than alcohol as to have lost the power of self
control with reference to his addiction.
    (b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
        (1) a practitioner (or, in his presence, by his
    authorized agent),
        (2) the patient or research subject at the lawful
    direction of the practitioner, or
        (3) a euthanasia technician as defined by the Humane
    Euthanasia in Animal Shelters Act.
    (c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor, or
dispenser. It does not include a common or contract carrier,
public warehouseman or employee of the carrier or warehouseman.
    (c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins, and
corticosteroids) that promotes muscle growth, and includes:
            (i) boldenone,
            (ii) chlorotestosterone,
            (iii) chostebol,
            (iv) dehydrochlormethyltestosterone,
            (v) dihydrotestosterone,
            (vi) drostanolone,
            (vii) ethylestrenol,
            (viii) fluoxymesterone,
            (ix) formebulone,
            (x) mesterolone,
            (xi) methandienone,
            (xii) methandranone,
            (xiii) methandriol,
            (xiv) methandrostenolone,
            (xv) methenolone,
            (xvi) methyltestosterone,
            (xvii) mibolerone,
            (xviii) nandrolone,
            (xix) norethandrolone,
            (xx) oxandrolone,
            (xxi) oxymesterone,
            (xxii) oxymetholone,
            (xxiii) stanolone,
            (xxiv) stanozolol,
            (xxv) testolactone,
            (xxvi) testosterone,
            (xxvii) trenbolone, and
            (xxviii) any salt, ester, or isomer of a drug or
        substance described or listed in this paragraph, if
        that salt, ester, or isomer promotes muscle growth.
    Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services
for such administration, and which the person intends to
administer or have administered through such implants, shall
not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
    (d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
    (e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule under Article II of this Act
whether by transfer from another Schedule or otherwise.
    (f) "Controlled Substance" means a drug, substance, or
immediate precursor in the Schedules of Article II of this Act.
    (g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
    (h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship.
    (i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
    (j) "Department of State Police" means the Department of
State Police of the State of Illinois or its successor agency.
    (k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
    (l) "Department of Professional Regulation" means the
Department of Professional Regulation of the State of Illinois
or its successor agency.
    (m) "Depressant" or "stimulant substance" means:
        (1) a drug which contains any quantity of (i)
    barbituric acid or any of the salts of barbituric acid
    which has been designated as habit forming under section
    502 (d) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 352 (d)); or
        (2) a drug which contains any quantity of (i)
    amphetamine or methamphetamine and any of their optical
    isomers; (ii) any salt of amphetamine or methamphetamine or
    any salt of an optical isomer of amphetamine; or (iii) any
    substance which the Department, after investigation, has
    found to be, and by rule designated as, habit forming
    because of its depressant or stimulant effect on the
    central nervous system; or
        (3) lysergic acid diethylamide; or
        (4) any drug which contains any quantity of a substance
    which the Department, after investigation, has found to
    have, and by rule designated as having, a potential for
    abuse because of its depressant or stimulant effect on the
    central nervous system or its hallucinogenic effect.
    (n) (Blank).
    (o) "Director" means the Director of the Department of
State Police or the Department of Professional Regulation or
his designated agents.
    (p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
    (q) "Dispenser" means a practitioner who dispenses.
    (r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
    (s) "Distributor" means a person who distributes.
    (t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
    (t-5) "Euthanasia agency" means an entity certified by the
Department of Professional Regulation for the purpose of animal
euthanasia that holds an animal control facility license or
animal shelter license under the Animal Welfare Act. A
euthanasia agency is authorized to purchase, store, possess,
and utilize Schedule II nonnarcotic and Schedule III
nonnarcotic drugs for the sole purpose of animal euthanasia.
    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) that are used
by a euthanasia agency for the purpose of animal euthanasia.
    (u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his
treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the
dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
        (1) lack of consistency of doctor-patient
    relationship,
        (2) frequency of prescriptions for same drug by one
    prescriber for large numbers of patients,
        (3) quantities beyond those normally prescribed,
        (4) unusual dosages,
        (5) unusual geographic distances between patient,
    pharmacist and prescriber,
        (6) consistent prescribing of habit-forming drugs.
    (u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to
a patient in a private residence, long-term care facility, or
hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
    (v) "Immediate precursor" means a substance:
        (1) which the Department has found to be and by rule
    designated as being a principal compound used, or produced
    primarily for use, in the manufacture of a controlled
    substance;
        (2) which is an immediate chemical intermediary used or
    likely to be used in the manufacture of such controlled
    substance; and
        (3) the control of which is necessary to prevent,
    curtail or limit the manufacture of such controlled
    substance.
    (w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
    (x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
    (y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable person
to believe that the substance is a controlled substance, or (2)
is expressly or impliedly represented to be a controlled
substance or is distributed under circumstances which would
lead a reasonable person to believe that the substance is a
controlled substance. For the purpose of determining whether
the representations made or the circumstances of the
distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of
subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
        (a) statements made by the owner or person in control
    of the substance concerning its nature, use or effect;
        (b) statements made to the buyer or recipient that the
    substance may be resold for profit;
        (c) whether the substance is packaged in a manner
    normally used for the illegal distribution of controlled
    substances;
        (d) whether the distribution or attempted distribution
    included an exchange of or demand for money or other
    property as consideration, and whether the amount of the
    consideration was substantially greater than the
    reasonable retail market value of the substance.
    Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
    Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.
    Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug or
drugs by any person registered pursuant to Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
    (y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
    (z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
        (1) by an ultimate user, the preparation or compounding
    of a controlled substance for his own use; or
        (2) by a practitioner, or his authorized agent under
    his supervision, the preparation, compounding, packaging,
    or labeling of a controlled substance:
            (a) as an incident to his administering or
        dispensing of a controlled substance in the course of
        his professional practice; or
            (b) as an incident to lawful research, teaching or
        chemical analysis and not for sale.
    (z-1) (Blank).
    (aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
        (1) opium and opiate, and any salt, compound,
    derivative, or preparation of opium or opiate;
        (2) any salt, compound, isomer, derivative, or
    preparation thereof which is chemically equivalent or
    identical with any of the substances referred to in clause
    (1), but not including the isoquinoline alkaloids of opium;
        (3) opium poppy and poppy straw;
        (4) coca leaves and any salts, compound, isomer, salt
    of an isomer, derivative, or preparation of coca leaves
    including cocaine or ecgonine, and any salt, compound,
    isomer, derivative, or preparation thereof which is
    chemically equivalent or identical with any of these
    substances, but not including decocainized coca leaves or
    extractions of coca leaves which do not contain cocaine or
    ecgonine (for the purpose of this paragraph, the term
    "isomer" includes optical, positional and geometric
    isomers).
    (bb) "Nurse" means a registered nurse licensed under the
Nursing and Advanced Practice Nursing Act.
    (cc) (Blank).
    (dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
    (ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
    (ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
    (gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
    (hh) "Pharmacist" means any person who holds a certificate
of registration as a registered pharmacist, a local registered
pharmacist or a registered assistant pharmacist under the
Pharmacy Practice Act of 1987.
    (ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the Pharmacy
Practice Act of 1987.
    (jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
    (kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
podiatrist, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice nurse, licensed
practical nurse, registered nurse, hospital, laboratory, or
pharmacy, or other person licensed, registered, or otherwise
lawfully permitted by the United States or this State to
distribute, dispense, conduct research with respect to,
administer or use in teaching or chemical analysis, a
controlled substance in the course of professional practice or
research.
    (ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance.
    (mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatrist
or veterinarian who issues a prescription, a physician
assistant who issues a prescription for a Schedule III, IV, or
V controlled substance in accordance with Section 303.05 and
the written guidelines required under Section 7.5 of the
Physician Assistant Practice Act of 1987, or an advanced
practice nurse with prescriptive authority in accordance with
Section 303.05 and a written collaborative agreement under
Sections 15-15 and 15-20 of the Nursing and Advanced Practice
Nursing Act.
    (nn) "Prescription" means a lawful written, facsimile, or
verbal order of a physician licensed to practice medicine in
all its branches, dentist, podiatrist or veterinarian for any
controlled substance, of an optometrist for a Schedule III, IV,
or V controlled substance in accordance with Section 15.1 of
the Illinois Optometric Practice Act of 1987, of a physician
assistant for a Schedule III, IV, or V controlled substance in
accordance with Section 303.05 and the written guidelines
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, or of an advanced practice nurse who issues a
prescription for a Schedule III, IV, or V controlled substance
in accordance with Section 303.05 and a written collaborative
agreement under Sections 15-15 and 15-20 of the Nursing and
Advanced Practice Nursing Act.
    (oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
    (pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
    (qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
    (rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
    (ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his own use or for the use of a
member of his household or for administering to an animal owned
by him or by a member of his household.
(Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03;
94-556, eff. 9-11-05.)
 
    (720 ILCS 570/103)  (from Ch. 56 1/2, par. 1103)
    Sec. 103. Scope of Act. Nothing in this Act limits the
lawful authority granted by the Medical Practice Act of 1987,
the Nursing and Advanced Practice Nursing Act, the Illinois
Optometric Practice Act of 1987, or the Pharmacy Practice Act
of 1987.
(Source: P.A. 90-742, eff. 8-13-98.)

Effective Date: 1/1/2008