Public Act 90-0116 of the 90th General Assembly
Public Act 90-0116
SB372 Enrolled LRB9002910DPcc
AN ACT concerning physician assistants, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Pharmacy Practice Act of 1987 is amended
by changing Sections 3 and 4 as follows:
(225 ILCS 85/3) (from Ch. 111, par. 4123)
(Text of Section before amendment by P.A. 89-507)
Sec. 3. For the purpose of this Act, except where
otherwise limited therein:
(a) "Pharmacy" or "Drugstore" means and includes every
store, or shop, pharmacy department, or other place where:
(l) pharmaceutical care is provided by a pharmacist; or (2)
drugs, medicines, or poisons are dispensed, or sold or
offered for sale at retail; or displayed for sale at retail;
or (3) where prescriptions of physicians, dentists,
veterinarians, or other persons authorized to prescribe drugs
within the limits of their licenses are compounded, filled,
or dispensed; or (4) which has upon it or displayed within
it, or affixed to or used in connection with it, a sign
bearing the word or words "Pharmacist", "Druggist",
"Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
"Prescriptions", "Drugs", "Medicines", or any word or words
of similar or like import, either in the English language or
any other language; or (5) where the characteristic
prescription sign (Rx) or similar design is exhibited; or (6)
any store, or shop, or other place with respect to which any
of the above words, objects, signs or designs are used in any
advertisement.
(b) "Drugs" means and includes (l) articles recognized
in the official United States Pharmacopoeia/National
Formulary (USP/NF), or any supplement thereto and being
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (2) all other articles
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (3) articles (other
than food) having for their main use and intended to affect
the structure or any function of the body of man or other
animals; and (4) articles having for their main use and
intended for use as a component or any articles specified in
clause (l), (2) or (3); but does not include devices or their
components, parts or accessories.
(c) "Medicines" means and includes all drugs intended
for human or veterinary use approved by the United States
Food and Drug Administration.
(d) "Practice of pharmacy" means the provision of
pharmaceutical care to patients which may include, but is not
limited to, (1) patient counseling, (2) interpretation and
assisting in the monitoring of appropriate drug use and
prospective drug utilization review, (3) providing
information on the therapeutic values, reactions, drug
interactions, side effects, uses, selection of medications
and medical devices, and outcome of drug therapy, (4)
participation in drug selection, drug monitoring, drug
utilization review, evaluation, administration,
interpretation, and applying pharmacokinetic and laboratory
data to design safe and effective drug regimens and drug
research (clinical and scientific) when applicable in the
pharmacist's professional judgment, and (6) compounding and
dispensing of drugs and medical devices.
(e) "Prescription" means and includes any order for
drugs or medical devices, issued by a physician licensed to
practice medicine in all its branches, dentist, veterinarian,
or podiatrist, or by a physician assistant in accordance with
subsection (f) of Section 4, containing the following: (l)
Name of the patient; (2) date when prescription was given;
(3) name and strength of drug or description of the medical
device prescribed; and (4) quantity, (5) directions for use,
(6) prescriber's name, address and signature, and (7) DEA
number where required, for controlled substances. DEA numbers
shall not be required on inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, or corporation.
(g) "Department" means the Department of Professional
Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Professional Regulation.
(i) "Director" means the Director of Professional
Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug
and Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act or the Hospital
Licensing Act, or "An Act in relation to the founding and
operation of the University of Illinois Hospital and the
conduct of University of Illinois health care programs",
approved July 3, 1931, as amended, or a facility which is
operated by the Department of Mental Health and Developmental
Disabilities or the Department of Corrections.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" means the delivery of drugs and medical
devices, in accordance with applicable State and federal laws
and regulations, to the patient or the patient's
representative authorized to receive these products,
including the compounding, packaging, and labeling necessary
for delivery, and any recommending or advising concerning the
contents and therapeutic values and uses thereof.
(n) "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.
(o) "Compounding" means the preparation, mixing,
assembling, packaging, or labeling of a drug or medical
device: (1) as the result of a practitioner's prescription
drug order or initiative that is dispensed pursuant to a
prescription in the course of professional practice; or (2)
for the purpose of, or incident to, research, teaching, or
chemical analysis and not for sale or dispensing a
prescriber's order; or (3) the preparation of drugs or
medical devices in anticipation of prescription drug orders
based on routine, regularly observed prescribing patterns.
(p) "Confidential information" means information,
maintained by the pharmacist in the patient's records,
released only (i) to the patient or, as the patient directs,
to other practitioners and other pharmacists or (ii) to any
other person or governmental agency authorized by law to
receive the information.
(q) "Prospective drug review" or "drug utilization
evaluation" means a review of the screening for potential
drug therapy problems due to therapeutic duplication,
drug-disease contraindications, drug-drug interactions
(including serious interactions with nonprescription or
over-the-counter drugs), incorrect drug dosage or duration of
drug treatment, drug-allergy interactions, and clinical abuse
or misuse.
(r) "Patient counseling" means the offer to counsel
shall be made by the pharmacist or the pharmacist's designee
in a face-to-face communication with the patient, unless, in
the professional judgment of the pharmacists it is deemed
inappropriate or unnecessary. In such instances, it would be
permissible for the offer to counsel to be made in a written
communication, by telephone or in a manner determined by the
pharmacist to be appropriate.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
information.
(t) "Pharmaceutical care" includes, but is not limited
to, the act of monitoring drug use and other patient care
services intended to achieve outcomes that improve the
patient's quality of life but shall not include the sale of
over-the-counter drugs by a seller of goods and services who
does not dispense prescription drugs.
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent,
or other similar or related article, including any component
part or accessory, required under federal law to bear the
label "Caution: Federal law requires dispensing by or on the
order of a physician". A seller of goods and services who,
only for the purpose of retail sales, compounds, sells,
rents, or leases medical devices shall not, by reasons
thereof, be required to be a licensed pharmacy.
(Source: P.A. 89-202, eff. 7-21-95.)
(Text of Section after amendment by P.A. 89-507)
Sec. 3. For the purpose of this Act, except where
otherwise limited therein:
(a) "Pharmacy" or "Drugstore" means and includes every
store, or shop, pharmacy department, or other place where:
(l) pharmaceutical care is provided by a pharmacist; or (2)
drugs, medicines, or poisons are dispensed, or sold or
offered for sale at retail; or displayed for sale at retail;
or (3) where prescriptions of physicians, dentists,
veterinarians, or other persons authorized to prescribe drugs
within the limits of their licenses are compounded, filled,
or dispensed; or (4) which has upon it or displayed within
it, or affixed to or used in connection with it, a sign
bearing the word or words "Pharmacist", "Druggist",
"Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
"Prescriptions", "Drugs", "Medicines", or any word or words
of similar or like import, either in the English language or
any other language; or (5) where the characteristic
prescription sign (Rx) or similar design is exhibited; or (6)
any store, or shop, or other place with respect to which any
of the above words, objects, signs or designs are used in any
advertisement.
(b) "Drugs" means and includes (l) articles recognized
in the official United States Pharmacopoeia/National
Formulary (USP/NF), or any supplement thereto and being
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (2) all other articles
intended for and having for their main use the diagnosis,
cure, mitigation, treatment or prevention of disease in man
or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their
components, parts, or accessories; and (3) articles (other
than food) having for their main use and intended to affect
the structure or any function of the body of man or other
animals; and (4) articles having for their main use and
intended for use as a component or any articles specified in
clause (l), (2) or (3); but does not include devices or their
components, parts or accessories.
(c) "Medicines" means and includes all drugs intended
for human or veterinary use approved by the United States
Food and Drug Administration.
(d) "Practice of pharmacy" means the provision of
pharmaceutical care to patients which may include, but is not
limited to, (1) patient counseling, (2) interpretation and
assisting in the monitoring of appropriate drug use and
prospective drug utilization review, (3) providing
information on the therapeutic values, reactions, drug
interactions, side effects, uses, selection of medications
and medical devices, and outcome of drug therapy, (4)
participation in drug selection, drug monitoring, drug
utilization review, evaluation, administration,
interpretation, and applying pharmacokinetic and laboratory
data to design safe and effective drug regimens and drug
research (clinical and scientific) when applicable in the
pharmacist's professional judgment, and (6) compounding and
dispensing of drugs and medical devices.
(e) "Prescription" means and includes any order for
drugs or medical devices, issued by a physician licensed to
practice medicine in all its branches, dentist, veterinarian,
or podiatrist, or by a physician assistant in accordance with
subsection (f) of Section 4, containing the following: (l)
Name of the patient; (2) date when prescription was given;
(3) name and strength of drug or description of the medical
device prescribed; and (4) quantity, (5) directions for use,
(6) prescriber's name, address and signature, and (7) DEA
number where required, for controlled substances. DEA numbers
shall not be required on inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, or corporation.
(g) "Department" means the Department of Professional
Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Professional Regulation.
(i) "Director" means the Director of Professional
Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug
and Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act or the Hospital
Licensing Act, or "An Act in relation to the founding and
operation of the University of Illinois Hospital and the
conduct of University of Illinois health care programs",
approved July 3, 1931, as amended, or a facility which is
operated by the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" means the delivery of drugs and medical
devices, in accordance with applicable State and federal laws
and regulations, to the patient or the patient's
representative authorized to receive these products,
including the compounding, packaging, and labeling necessary
for delivery, and any recommending or advising concerning the
contents and therapeutic values and uses thereof.
(n) "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.
(o) "Compounding" means the preparation, mixing,
assembling, packaging, or labeling of a drug or medical
device: (1) as the result of a practitioner's prescription
drug order or initiative that is dispensed pursuant to a
prescription in the course of professional practice; or (2)
for the purpose of, or incident to, research, teaching, or
chemical analysis and not for sale or dispensing a
prescriber's order; or (3) the preparation of drugs or
medical devices in anticipation of prescription drug orders
based on routine, regularly observed prescribing patterns.
(p) "Confidential information" means information,
maintained by the pharmacist in the patient's records,
released only (i) to the patient or, as the patient directs,
to other practitioners and other pharmacists or (ii) to any
other person or governmental agency authorized by law to
receive the information.
(q) "Prospective drug review" or "drug utilization
evaluation" means a review of the screening for potential
drug therapy problems due to therapeutic duplication,
drug-disease contraindications, drug-drug interactions
(including serious interactions with nonprescription or
over-the-counter drugs), incorrect drug dosage or duration of
drug treatment, drug-allergy interactions, and clinical abuse
or misuse.
(r) "Patient counseling" means the offer to counsel
shall be made by the pharmacist or the pharmacist's designee
in a face-to-face communication with the patient, unless, in
the professional judgment of the pharmacists it is deemed
inappropriate or unnecessary. In such instances, it would be
permissible for the offer to counsel to be made in a written
communication, by telephone or in a manner determined by the
pharmacist to be appropriate.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
information.
(t) "Pharmaceutical care" includes, but is not limited
to, the act of monitoring drug use and other patient care
services intended to achieve outcomes that improve the
patient's quality of life but shall not include the sale of
over-the-counter drugs by a seller of goods and services who
does not dispense prescription drugs.
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent,
or other similar or related article, including any component
part or accessory, required under federal law to bear the
label "Caution: Federal law requires dispensing by or on the
order of a physician". A seller of goods and services who,
only for the purpose of retail sales, compounds, sells,
rents, or leases medical devices shall not, by reasons
thereof, be required to be a licensed pharmacy.
(Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)
(225 ILCS 85/4) (from Ch. 111, par. 4124)
Sec. 4. Nothing contained in any Section of this Act
shall apply to, or in any manner interfere with:;
(a) the lawful practice of any physician licensed to
practice medicine in all its branches, dentist, podiatrist,
veterinarian or other persons authorized to prescribe drugs
within the limits of their licenses, or prevent him from
supplying to his bona fide patients such drugs, medicines, or
poisons as may seem to him proper;
(b) the sale of compressed gases;
(c) the sale of patent or proprietary medicines and
household remedies when sold in original and unbroken
packages only, if such patent or proprietary medicines and
household remedies be properly and adequately labeled as to
content and usage and generally considered and accepted as
harmless and nonpoisonous when used according to the
directions on the label, and also do not contain opium or
coca leaves, or any compound, salt or derivative thereof, or
any drug which, according to the latest editions of the
following authoritative pharmaceutical treatises and
standards, namely, The United States Pharmacopoeia/National
Formulary (USP/NF), the United States Dispensatory, and the
Accepted Dental Remedies of the Council of Dental
Therapeutics of the American Dental Association or any or
either of them, in use on the effective date of this Act, or
according to the existing provisions of the Federal Food,
Drug, and Cosmetic Act and Regulations of the Department of
Health and Human Services, Food and Drug Administration,
promulgated thereunder now in effect, is designated,
described or considered as a narcotic, hypnotic, habit
forming, dangerous, or poisonous drug;
(d) the sale of poultry and livestock remedies in
original and unbroken packages only, labeled for poultry and
livestock medication; and
(e) the sale of poisonous substances or mixture of
poisonous substances, in unbroken packages, for nonmedicinal
use in the arts or industries or for insecticide purposes;
provided, they are properly and adequately labeled as to
content and such nonmedicinal usage, in conformity with the
provisions of all applicable federal, state and local laws
and regulations promulgated thereunder now in effect relating
thereto and governing the same, and those which are required
under such applicable laws and regulations to be labeled with
the word "Poison", are also labeled with the word "Poison"
printed thereon in prominent type and the name of a readily
obtainable antidote with directions for its administration;
and.
(f) the delegation of limited prescriptive authority by
a physician licensed to practice medicine in all its branches
to a physician assistant under Section 7.5 of the Physician
Assistant Practice Act of 1987. This delegated authority may
but is not required to include prescription of Schedule III,
IV, or V controlled substances, as defined in Article II of
the Illinois Controlled Substances Act, in accordance with
written guidelines under Section 7.5 of the Physician
Assistant Practice Act of 1987.
(Source: P.A. 85-796.)
Section 10. The Physician Assistant Practice Act of 1987
is amended by changing Sections 6, 7, and 21 and by adding
Section 7.5 as follows:
(225 ILCS 95/6) (from Ch. 111, par. 4606)
Sec. 6. Designation; billing. No physician assistant
shall use the title of doctor or associate with his name or
any other term which would indicate to other persons that he
is qualified to engage in the general practice of medicine.
A physician assistant shall not be allowed to bill patients
or in any way to charge for services. Nothing in this Act,
however, shall be so construed as to prevent the employer of
a physician assistant from charging for services rendered by
the physician assistant. Payment for services rendered by a
physician assistant shall be made to his or her employer if
the payor would have made payment had the services been
provided by a physician licensed to practice medicine in all
its branches. The supervising physician shall file with the
Department notice of employment, discharge or supervisory
control of a physician assistant at the time of employment,
discharge or assumption of supervisory control of a physician
assistant.
(Source: P.A. 85-981.)
(225 ILCS 95/7) (from Ch. 111, par. 4607)
(Text of Section before amendment by P.A. 89-507)
Sec. 7. Supervision requirements. No more than 2 1
physician assistants assistant shall be supervised by the
supervising physician, although a physician assistant shall
be able to hold more than one professional position. Each
supervising physician shall file a notice of supervision of
such physician assistant according to the rules of the
Department. However, the alternate supervising physician may
supervise more than 2 1 physician assistants assistant when
the supervising physician is unable to provide such
supervision consistent with the definition of alternate
physician in Section 4. Physician assistants shall be
supervised only by physicians as defined in this Act who are
engaged in clinical practice, or in clinical practice in
public health or other community health facilities. Nothing
in this Act shall be construed to limit the delegation of
tasks or duties by a physician to a nurse or other
appropriately trained personnel. Nothing in this Act shall be
construed as to prohibit the employment of physician
assistants by a hospital, nursing home or other health care
facility where such physician assistants function under the
supervision of a supervising physician. Physician assistants
may be employed by the Department of Corrections, or the
Department of Mental Health and Developmental Disabilities
for service in facilities maintained by such Departments and
affiliated training facilities in programs conducted under
the authority of the Director of Corrections or the Director
of the Department of Mental Health and Developmental
Disabilities. Each physician assistant employed by the
Department of Corrections or the Department of Mental Health
and Developmental Disabilities shall be under the supervision
of a physician engaged in clinical practice and direct
patient care. Duties of each physician assistant employed by
such Departments are limited to those within the scope of
practice of the supervising physician who is fully
responsible for all physician assistant activities.
(Source: P.A. 85-981.)
(Text of Section after amendment by P.A. 89-507)
Sec. 7. Supervision requirements. No more than 2 one
physician assistants assistant shall be supervised by the
supervising physician, although a physician assistant shall
be able to hold more than one professional position. Each
supervising physician shall file a notice of supervision of
such physician assistant according to the rules of the
Department. However, the alternate supervising physician may
supervise more than 2 one physician assistants assistant when
the supervising physician is unable to provide such
supervision consistent with the definition of alternate
physician in Section 4. Physician assistants shall be
supervised only by physicians as defined in this Act who are
engaged in clinical practice, or in clinical practice in
public health or other community health facilities. Nothing
in this Act shall be construed to limit the delegation of
tasks or duties by a physician to a nurse or other
appropriately trained personnel. Nothing in this Act shall be
construed to prohibit the employment of physician assistants
by a hospital, nursing home or other health care facility
where such physician assistants function under the
supervision of a supervising physician. Physician assistants
may be employed by the Department of Corrections or the
Department of Human Services (as successor to the Department
of Mental Health and Developmental Disabilities) for service
in facilities maintained by such Departments and affiliated
training facilities in programs conducted under the authority
of the Director of Corrections or the Secretary of Human
Services. Each physician assistant employed by the
Department of Corrections or the Department of Human Services
(as successor to the Department of Mental Health and
Developmental Disabilities) shall be under the supervision of
a physician engaged in clinical practice and direct patient
care. Duties of each physician assistant employed by such
Departments are limited to those within the scope of practice
of the supervising physician who is fully responsible for all
physician assistant activities.
(Source: P.A. 89-507, eff. 7-1-97.)
(225 ILCS 95/7.5 new)
Sec. 7.5. Prescriptions. A supervising physician may
delegate limited prescriptive authority to a physician
assistant. This authority may, but is not required to,
include prescription of Schedule III, IV, or V controlled
substances, as defined in Article II of the Illinois
Controlled Substances Act, as delegated in the written
guidelines required by this Act. To prescribe Schedule III,
IV, or V controlled substances under this Section, a
physician assistant shall affix the supervising physician's
DEA number to, and individually sign, the appropriate
prescription form containing the printed names of the
physician assistant and supervising physician in accordance
with the written guidelines. Medication orders issued by a
physician assistant shall be reviewed periodically by the
supervising physician. The supervising physician shall file
with the Department notice of delegation of prescriptive
authority to a physician assistant and termination of
delegation, specifying the authority delegated or terminated.
Nothing in this Act shall be construed to limit the
delegation of tasks or duties by the supervising physician
to a nurse or other appropriately trained personnel.
The Department shall establish by rule the minimum
requirements for written guidelines to be followed under this
Section.
(225 ILCS 95/21) (from Ch. 111, par. 4621)
Sec. 21. Grounds for Discipline.
(a) The Department may refuse to issue or to renew, or
may revoke, suspend, place on probation, censure or
reprimand, or take other disciplinary action with regard to
any license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $5000
for each violation, for any one or combination of the
following causes:
(1) 1. Material misstatement in furnishing
information to the Department.;
(2) 2. Violations of this Act, or the rules
promulgated hereunder.;
(3) 3. Conviction of any crime under the laws of
any U.S. jurisdiction thereof which is a felony or which
is a misdemeanor, an essential element of which is
dishonesty, or of any crime which is directly related to
the practice of the profession.;
(4) 4. Making any misrepresentation for the purpose
of obtaining licenses.
(5) 5. Professional incompetence.;
(6) 6. Aiding or assisting another person in
violating any provision of this Act or Rules.;
(7) 7. Failing, within 60 days, to provide
information in response to a written request made by the
Department.;
(8) 8. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.;
(9) 9. Habitual or excessive use or addiction to
alcohol, narcotics, stimulants or any other chemical
agent or drug which results in a physician assistants'
inability to practice with reasonable judgment, skill or
safety.;
(10) 10. Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for a
discipline is the same or substantially equivalent to
those set forth herein.;
(11) 11. Directly or indirectly giving to or
receiving from any person, firm, corporation, partnership
or association any fee, commission, rebate or other form
of compensation for any professional services not
actually or personally rendered.;
(12) 12. A finding by the Disciplinary Board that
the licensee, after having his license placed on
probationary status has violated the terms of probation.;
(13) 13. Abandonment of a patient.;
(14) 14. Willfully making or filing false records
or reports in his practice, including but not limited to
false records filed with state agencies or departments.;
(15) 15. Willfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.;
(16) 16. Physical illness, including but not
limited to, deterioration through the aging process, or
loss of motor skill which results in the inability to
practice the profession with reasonable judgment, skill
or safety.;
(17) 17. Being named as a perpetrator in an
indicated report by the Department of Children and Family
Services under the Abused and Neglected Child Reporting
Act, and upon proof by clear and convincing evidence that
the licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.;
(18) 18. Conviction in this or another state of any
crime which is a felony under the laws of this State, or
conviction of a felony in a federal court.;
(19) 19. Gross malpractice resulting in permanent
injury or death of a patient.;
(20) 20. Employment of fraud, deception or any
unlawful means in applying for or securing a license as a
physician assistant.;
(21) 21. Exceeding the authority delegated to him
by his supervising physician in guidelines established by
the physician/physician assistant team.;
(22) 22. Immoral conduct in the commission of any
act, such as sexual abuse, sexual misconduct or sexual
exploitation, related to the licensee's practice.;
(23) 23. Violation of the Health Care Worker
Self-Referral Act.
(24) Practicing under a false or assumed name,
except as provided by law.
(25) Making a false or misleading statement
regarding his or her skill or the efficacy or value of
the medicine, treatment, or remedy prescribed by him or
her in the course of treatment.
(26) Allowing another person to use his or her
license to practice.
(27) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance (designated product)
or narcotic for other than medically-accepted therapeutic
purposes.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner
to exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances.
(31) Exceeding the limited prescriptive authority
delegated by the supervising physician or violating the
written guidelines delegating that authority.
(32) Practicing without providing to the Department
a notice of supervision or delegation of prescriptive
authority.
(b) The Department may refuse to issue or may suspend
the license of any person who fails to file a return, or to
pay the tax, penalty or interest shown in a filed return, or
to pay any final assessment of the tax, penalty, or interest
as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. Such suspension
will end only upon a finding by a court that the patient is
no longer subject to involuntary admission or judicial
admission and issues an order so finding and discharging the
patient; and upon the recommendation of the Disciplinary
Board to the Director that the licensee be allowed to resume
his practice.
(Source: P.A. 87-1207.)
Section 15. The Illinois Clinical Laboratory and Blood
Bank Act is amended by changing Section 7-101 as follows:
(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
Sec. 7-101. Examination of specimens. A clinical
laboratory shall examine specimens only at the request of a
licensed physician, licensed dentist, licensed podiatrist,
licensed physician assistant in accordance with the written
guidelines required under subdivision (3) of Section 4 and
under Section 7.5 of the Physician Assistant Practice Act of
1987, or authorized law enforcement agency, or, in the case
of blood alcohol, at the request of the individual for whom
the test is to be performed in compliance with Sections
11-501 and 11-501.1 of the Illinois Vehicle Code. If the
request to a laboratory is oral, the physician or other
authorized person shall submit a written request to the
laboratory within 48 hours. If the laboratory does not
receive the written request within that period, it shall note
that fact in its records.
(Source: P.A. 87-1269.)
Section 20. The Abused and Neglected Child Reporting Act
is amended by changing Section 4 as follows:
(325 ILCS 5/4) (from Ch. 23, par. 2054)
(Text of Section before amendment by P.A. 89-507)
Sec. 4. Any physician, resident, intern, hospital,
hospital administrator and personnel engaged in examination,
care and treatment of persons, surgeon, dentist, dentist
hygienist, osteopath, chiropractor, podiatrist, physician
assistant, substance abuse treatment personnel, Christian
Science practitioner, funeral home director or employee,
coroner, medical examiner, emergency medical technician,
acupuncturist, crisis line or hotline personnel, school
personnel, educational advocate assigned to a child pursuant
to the School Code, truant officers, social worker, social
services administrator, domestic violence program personnel,
registered nurse, licensed practical nurse, director or staff
assistant of a nursery school or a child day care center,
recreational program or facility personnel, law enforcement
officer, registered psychologist and assistants working
under the direct supervision of a psychologist, psychiatrist,
or field personnel of the Illinois Department of Public Aid,
Public Health, Mental Health and Developmental Disabilities,
Corrections, Human Rights, Rehabilitation Services, or
Children and Family Services, supervisor and administrator of
general assistance under the Illinois Public Aid Code,
probation officer, or any other foster parent, homemaker or
child care worker having reasonable cause to believe a child
known to them in their professional or official capacity may
be an abused child or a neglected child shall immediately
report or cause a report to be made to the Department.
Whenever such person is required to report under this Act in
his capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, he
shall make report immediately to the Department in accordance
with the provisions of this Act and may also notify the
person in charge of such institution, school, facility or
agency or his designated agent that such report has been
made. Under no circumstances shall any person in charge of
such institution, school, facility or agency, or his
designated agent to whom such notification has been made,
exercise any control, restraint, modification or other change
in the report or the forwarding of such report to the
Department. The privileged quality of communication between
any professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for
failure to report as required by this Act. In addition to
the above persons required to report suspected cases of
abused or neglected children, any other person may make a
report if such person has reasonable cause to believe a child
may be an abused child or a neglected child. Any person who
enters into employment on and after July 1, 1986 and is
mandated by virtue of that employment to report under this
Act, shall sign a statement on a form prescribed by the
Department, to the effect that the employee has knowledge and
understanding of the reporting requirements of this Act. The
statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of
the statement shall be borne by the employer. The Department
shall provide copies of this Act, upon request, to all
employers employing persons who shall be required under the
provisions of this Section to report under this Act.
Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the "Criminal Code of
1961". Any person who violates this provision a second or
subsequent time shall be guilty of a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, shall be guilty of a Class A
misdemeanor.
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care
may be considered neglected or abused, but not for the sole
reason that his parent, guardian or custodian accepts and
practices such beliefs.
A child shall not be considered neglected or abused
solely because the child is not attending school in
accordance with the requirements of Article 26 of the School
Code, as amended.
(Source: P.A. 89-363, eff. 1-1-96; 89-706, eff. 1-31-97.)
(Text of Section after amendment by P.A. 89-507)
Sec. 4. Any physician, resident, intern, hospital,
hospital administrator and personnel engaged in examination,
care and treatment of persons, surgeon, dentist, dentist
hygienist, osteopath, chiropractor, podiatrist, physician
assistant, substance abuse treatment personnel, Christian
Science practitioner, funeral home director or employee,
coroner, medical examiner, emergency medical technician,
acupuncturist, crisis line or hotline personnel, school
personnel, educational advocate assigned to a child pursuant
to the School Code, truant officers, social worker, social
services administrator, domestic violence program personnel,
registered nurse, licensed practical nurse, director or staff
assistant of a nursery school or a child day care center,
recreational program or facility personnel, law enforcement
officer, registered psychologist and assistants working
under the direct supervision of a psychologist, psychiatrist,
or field personnel of the Illinois Department of Public Aid,
Public Health, Human Services (acting as successor to the
Department of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, or any other foster parent,
homemaker or child care worker having reasonable cause to
believe a child known to them in their professional or
official capacity may be an abused child or a neglected child
shall immediately report or cause a report to be made to the
Department. Whenever such person is required to report under
this Act in his capacity as a member of the staff of a
medical or other public or private institution, school,
facility or agency, he shall make report immediately to the
Department in accordance with the provisions of this Act and
may also notify the person in charge of such institution,
school, facility or agency or his designated agent that such
report has been made. Under no circumstances shall any
person in charge of such institution, school, facility or
agency, or his designated agent to whom such notification has
been made, exercise any control, restraint, modification or
other change in the report or the forwarding of such report
to the Department. The privileged quality of communication
between any professional person required to report and his
patient or client shall not apply to situations involving
abused or neglected children and shall not constitute grounds
for failure to report as required by this Act. In addition
to the above persons required to report suspected cases of
abused or neglected children, any other person may make a
report if such person has reasonable cause to believe a child
may be an abused child or a neglected child. Any person who
enters into employment on and after July 1, 1986 and is
mandated by virtue of that employment to report under this
Act, shall sign a statement on a form prescribed by the
Department, to the effect that the employee has knowledge and
understanding of the reporting requirements of this Act. The
statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of
the statement shall be borne by the employer. The Department
shall provide copies of this Act, upon request, to all
employers employing persons who shall be required under the
provisions of this Section to report under this Act.
Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the "Criminal Code of
1961". Any person who violates this provision a second or
subsequent time shall be guilty of a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, shall be guilty of a Class A
misdemeanor.
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care
may be considered neglected or abused, but not for the sole
reason that his parent, guardian or custodian accepts and
practices such beliefs.
A child shall not be considered neglected or abused
solely because the child is not attending school in
accordance with the requirements of Article 26 of the School
Code, as amended.
(Source: P.A. 89-363, eff. 1-1-96; 89-507, eff. 7-1-97;
89-706, eff. 1-31-97.)
Section 25. The Illinois Controlled Substances Act is
amended by changing Section 102 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
(Text of Section before amendment by P.A. 89-507)
Sec. 102. 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 or
research subject by:
(1) a practitioner (or, in his presence, by his
authorized agent), or
(2) the patient or research subject at the lawful
direction of the practitioner.
(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
Alcoholism and Substance Abuse of the State of Illinois 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) "Designated product" means any narcotic drug,
amphetamine, phenmetrazine, methamphetamine, gluthethimide,
pentazocine or cannabis product listed in Schedule II and
also means a controlled substance listed in Schedule II which
is determined and designated by the Department or its
successor agency to be such a product. A designated product
shall only be dispensed upon an official prescription 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.
(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, 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.
(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
Illinois Nursing Act of 1987.
(cc) "Official prescription blanks" means the triplicate
prescription forms supplied to prescribers by the Department
for prescribing Schedule II Designated Product controlled
substances.
(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, podiatrist,
veterinarian, scientific investigator, pharmacist, physician
assistant, 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, podiatrist or
veterinarian who issues a prescription or a physician
assistant who issues a prescription for a Schedule III, IV,
or V controlled substance as delegated by a physician
licensed to practice medicine in all its branches in
accordance with the written guidelines required under Section
7.5 of the Physician Assistant Practice Act of 1987.
(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, or of a physician assistant for a
Schedule III, IV, or V controlled substance as delegated by a
physician licensed to practice medicine in all its branches
in accordance with the written guidelines required under
Section 7.5 of the Physician Assistant Practice Act of 1987.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance.
(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. 89-202, eff. 10-1-95.)
(Text of Section after amendment by P.A. 89-507)
Sec. 102. 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 or
research subject by:
(1) a practitioner (or, in his presence, by his
authorized agent), or
(2) the patient or research subject at the lawful
direction of the practitioner.
(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) "Designated product" means any narcotic drug,
amphetamine, phenmetrazine, methamphetamine, gluthethimide,
pentazocine or cannabis product listed in Schedule II and
also means a controlled substance listed in Schedule II which
is determined and designated by the Department or its
successor agency to be such a product. A designated product
shall only be dispensed upon an official prescription 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.
(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, 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.
(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
Illinois Nursing Act of 1987.
(cc) "Official prescription blanks" means the triplicate
prescription forms supplied to prescribers by the Department
for prescribing Schedule II Designated Product controlled
substances.
(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, podiatrist,
veterinarian, scientific investigator, pharmacist, physician
assistant, 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, podiatrist or
veterinarian who issues a prescription or a physician
assistant who issues a prescription for a Schedule III, IV,
or V controlled substance as delegated by a physician
licensed to practice medicine in all its branches in
accordance with the written guidelines required under Section
7.5 of the Physician Assistant Practice Act of 1987.
(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, or of a physician assistant for a
Schedule III, IV, or V controlled substance as delegated by a
physician licensed to practice medicine in all its branches
in accordance with the written guidelines required under
Section 7.5 of the Physician Assistant Practice Act of 1987.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance.
(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. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.