Sen. Iris Y. Martinez

Filed: 3/31/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1585

2    AMENDMENT NO. ______. Amend Senate Bill 1585 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.28 and by adding Section 4.38 as follows:
 
6    (5 ILCS 80/4.28)
7    Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9    The Illinois Petroleum Education and Marketing Act.
10    The Podiatric Medical Practice Act of 1987.
11    The Acupuncture Practice Act.
12    The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14    The Interpreter for the Deaf Licensure Act of 2007.
15    The Nurse Practice Act.
16    The Clinical Social Work and Social Work Practice Act.

 

 

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1    The Pharmacy Practice Act.
2    The Home Medical Equipment and Services Provider License
3Act.
4    The Marriage and Family Therapy Licensing Act.
5    The Nursing Home Administrators Licensing and Disciplinary
6Act.
7    The Physician Assistant Practice Act of 1987.
8(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
995-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
109-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
11eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
1296-328, eff. 8-11-09.)
 
13    (5 ILCS 80/4.38 new)
14    Sec. 4.38. Act repealed on January 1, 2028. The following
15Act is repealed on January 1, 2028:
16    The Physician Assistant Practice Act of 1987.
 
17    Section 7. The Medical Practice Act of 1987 is amended by
18changing Section 54.5 as follows:
 
19    (225 ILCS 60/54.5)
20    (Section scheduled to be repealed on December 31, 2017)
21    Sec. 54.5. Physician delegation of authority to physician
22assistants, advanced practice nurses, and prescribing
23psychologists.

 

 

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1    (a) Physicians licensed to practice medicine in all its
2branches may delegate care and treatment responsibilities to a
3physician assistant under guidelines in accordance with the
4requirements of the Physician Assistant Practice Act of 1987. A
5physician licensed to practice medicine in all its branches may
6enter into collaborative supervising physician agreements with
7no more than 5 full-time equivalent physician assistants,
8except in a hospital, hospital affiliate, or ambulatory
9surgical treatment center as set forth by Section 7.7 of the
10Physician Assistant Practice Act of 1987 as set forth in
11subsection (a) of Section 7 of the Physician Assistant Practice
12Act of 1987.
13    (b) A physician licensed to practice medicine in all its
14branches in active clinical practice may collaborate with an
15advanced practice nurse in accordance with the requirements of
16the Nurse Practice Act. Collaboration is for the purpose of
17providing medical consultation, and no employment relationship
18is required. A written collaborative agreement shall conform to
19the requirements of Section 65-35 of the Nurse Practice Act.
20The written collaborative agreement shall be for services in
21the same area of practice or specialty as the collaborating
22physician in his or her clinical medical practice. A written
23collaborative agreement shall be adequate with respect to
24collaboration with advanced practice nurses if all of the
25following apply:
26        (1) The agreement is written to promote the exercise of

 

 

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1    professional judgment by the advanced practice nurse
2    commensurate with his or her education and experience.
3        (2) The advance practice nurse provides services based
4    upon a written collaborative agreement with the
5    collaborating physician, except as set forth in subsection
6    (b-5) of this Section. With respect to labor and delivery,
7    the collaborating physician must provide delivery services
8    in order to participate with a certified nurse midwife.
9        (3) Methods of communication are available with the
10    collaborating physician in person or through
11    telecommunications for consultation, collaboration, and
12    referral as needed to address patient care needs.
13    (b-5) An anesthesiologist or physician licensed to
14practice medicine in all its branches may collaborate with a
15certified registered nurse anesthetist in accordance with
16Section 65-35 of the Nurse Practice Act for the provision of
17anesthesia services. With respect to the provision of
18anesthesia services, the collaborating anesthesiologist or
19physician shall have training and experience in the delivery of
20anesthesia services consistent with Department rules.
21Collaboration shall be adequate if:
22        (1) an anesthesiologist or a physician participates in
23    the joint formulation and joint approval of orders or
24    guidelines and periodically reviews such orders and the
25    services provided patients under such orders; and
26        (2) for anesthesia services, the anesthesiologist or

 

 

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1    physician participates through discussion of and agreement
2    with the anesthesia plan and is physically present and
3    available on the premises during the delivery of anesthesia
4    services for diagnosis, consultation, and treatment of
5    emergency medical conditions. Anesthesia services in a
6    hospital shall be conducted in accordance with Section 10.7
7    of the Hospital Licensing Act and in an ambulatory surgical
8    treatment center in accordance with Section 6.5 of the
9    Ambulatory Surgical Treatment Center Act.
10    (b-10) The anesthesiologist or operating physician must
11agree with the anesthesia plan prior to the delivery of
12services.
13    (c) The collaborating supervising physician shall have
14access to the medical records of all patients attended by a
15physician assistant. The collaborating physician shall have
16access to the medical records of all patients attended to by an
17advanced practice nurse.
18    (d) (Blank).
19    (e) A physician shall not be liable for the acts or
20omissions of a prescribing psychologist, physician assistant,
21or advanced practice nurse solely on the basis of having signed
22a supervision agreement or guidelines or a collaborative
23agreement, an order, a standing medical order, a standing
24delegation order, or other order or guideline authorizing a
25prescribing psychologist, physician assistant, or advanced
26practice nurse to perform acts, unless the physician has reason

 

 

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1to believe the prescribing psychologist, physician assistant,
2or advanced practice nurse lacked the competency to perform the
3act or acts or commits willful and wanton misconduct.
4    (f) A collaborating physician may, but is not required to,
5delegate prescriptive authority to an advanced practice nurse
6as part of a written collaborative agreement, and the
7delegation of prescriptive authority shall conform to the
8requirements of Section 65-40 of the Nurse Practice Act.
9    (g) A collaborating supervising physician may, but is not
10required to, delegate prescriptive authority to a physician
11assistant as part of a written collaborative supervision
12agreement, and the delegation of prescriptive authority shall
13conform to the requirements of Section 7.5 of the Physician
14Assistant Practice Act of 1987.
15    (h) (Blank).
16    (i) A collaborating physician shall delegate prescriptive
17authority to a prescribing psychologist as part of a written
18collaborative agreement, and the delegation of prescriptive
19authority shall conform to the requirements of Section 4.3 of
20the Clinical Psychologist Licensing Act.
21(Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14;
2299-173, eff. 7-29-15.)
 
23    Section 10. The Physician Assistant Practice Act of 1987 is
24amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 7.5, 7.7, 9,
2510, 12, 13, 14.1, 16, 21, 22.2, 22.6, 22.7, 22.11, 22.14, and

 

 

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123 and by adding Sections 4.5, 5.3, 5.5, 11.5, and 22.17 as
2follows:
 
3    (225 ILCS 95/1)  (from Ch. 111, par. 4601)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 1. Legislative purpose. The practice as a physician
6assistant in the State of Illinois is hereby declared to affect
7the public health, safety and welfare and to be subject to
8regulation and control in the public interest. The purpose and
9legislative intent of this Act is to encourage and promote the
10more effective utilization of the skills of physicians by
11enabling them to delegate certain health tasks to physician
12assistants where such delegation is consistent with the health
13and welfare of the patient and is conducted at the direction of
14and under the responsible supervision of the physician.
15    It is further declared to be a matter of public health and
16concern that the practice as a physician assistant, as defined
17in this Act, merit and receive the confidence of the public,
18that only qualified persons be authorized to practice as a
19physician assistant in the State of Illinois. This Act shall be
20liberally construed to best carry out these subjects and
21purposes.
22(Source: P.A. 85-981.)
 
23    (225 ILCS 95/2)  (from Ch. 111, par. 4602)
24    (Section scheduled to be repealed on January 1, 2018)

 

 

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1    Sec. 2. Short title. This Article II shall be known and may
2be cited as the "Physician Assistant Practice Act of 1987".
3References in this Article to "this Act" mean this Article.
4(Source: P.A. 85-981.)
 
5    (225 ILCS 95/3)  (from Ch. 111, par. 4603)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 3. Illinois Administrative Procedure Act. The
8Illinois Administrative Procedure Act is hereby expressly
9adopted and incorporated herein as if all of the provisions of
10that Act were included in this Act, except that the provision
11of subsection (d) of Section 10-65 of the Illinois
12Administrative Procedure Act that provides that at hearings the
13licensee has the right to show compliance with all lawful
14requirements for retention, continuation or renewal of the
15license is specifically excluded. For the purposes of this Act
16the notice required under Section 10-25 of the Illinois
17Administrative Procedure Act is deemed sufficient when
18personally served, mailed to the address of record of the
19applicant or licensee, or emailed to the email address of
20record of the applicant or licensee last known address of a
21party. The Secretary may adopt promulgate rules for the
22administration and enforcement of this Act and may prescribe
23forms to be issued in connection with this Act.
24(Source: P.A. 95-703, eff. 12-31-07.)
 

 

 

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1    (225 ILCS 95/4)  (from Ch. 111, par. 4604)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 4. Definitions. In this Act:
4    1. "Department" means the Department of Financial and
5Professional Regulation.
6    2. "Secretary" means the Secretary of Financial and
7Professional Regulation.
8    3. "Physician assistant" means any person not holding an
9active license or permit issued by the Department pursuant to
10the Medical Practice Act of 1987 who has been certified as a
11physician assistant by the National Commission on the
12Certification of Physician Assistants or equivalent successor
13agency and performs procedures in collaboration with under the
14supervision of a physician as defined in this Act. A physician
15assistant may perform such procedures within the specialty of
16the collaborating supervising physician, except that such
17physician shall exercise such direction, collaboration,
18supervision and control over such physician assistants as will
19assure that patients shall receive quality medical care.
20Physician assistants shall be capable of performing a variety
21of tasks within the specialty of medical care under the in
22collaboration with supervision of a physician. Collaboration
23with Supervision of the physician assistant shall not be
24construed to necessarily require the personal presence of the
25collaborating supervising physician at all times at the place
26where services are rendered, as long as there is communication

 

 

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1available for consultation by radio, telephone or
2telecommunications within established guidelines as determined
3by the physician/physician assistant team. The collaborating
4supervising physician may delegate tasks and duties to the
5physician assistant. Delegated tasks or duties shall be
6consistent with physician assistant education, training, and
7experience. The delegated tasks or duties shall be specific to
8the practice setting and shall be implemented and reviewed
9under a written collaborative supervision agreement
10established by the physician or physician/physician assistant
11team. A physician assistant, acting as an agent of the
12physician, shall be permitted to transmit the collaborating
13supervising physician's orders as determined by the
14institution's by-laws, policies, procedures, or job
15description within which the physician/physician assistant
16team practices. Physician assistants shall practice only in
17accordance with a written collaborative supervision agreement.
18    Any person who holds an active license or permit issued
19pursuant to the Medical Practice Act of 1987 shall have that
20license automatically placed into inactive status upon
21issuance of a physician assistant license. Any person who holds
22an active license as a physician assistant who is issued a
23license or permit pursuant to the Medical Practice Act of 1987
24shall have his or her physician assistant license automatically
25placed into inactive status.
26    3.5. "Physician assistant practice" means the performance

 

 

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1of procedures within the specialty of the collaborating
2physician. Physician assistants shall be capable of performing
3a variety of tasks within the specialty of medical care of the
4collaborating physician. Collaboration with the physician
5assistant shall not be construed to necessarily require the
6personal presence of the collaborating physician at all times
7at the place where services are rendered, as long as there is
8communication available for consultation by radio, telephone,
9telecommunications, or electronic communications. The
10collaborating physician may delegate tasks and duties to the
11physician assistant. Delegated tasks or duties shall be
12consistent with physician assistant education, training, and
13experience. The delegated tasks or duties shall be specific to
14the practice setting and shall be implemented and reviewed
15under a written collaborative agreement established by the
16physician or physician/physician assistant team. A physician
17assistant, acting as an agent of the physician, shall be
18permitted to transmit the collaborating physician's orders as
19determined by the institution's bylaws, policies, or
20procedures or the job description within which the
21physician/physician assistant team practices. Physician
22assistants shall practice only in accordance with a written
23collaborative agreement, except as provided in Section 7.5 of
24this Act.
25    4. "Board" means the Medical Licensing Board constituted
26under the Medical Practice Act of 1987.

 

 

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1    5. "Disciplinary Board" means the Medical Disciplinary
2Board constituted under the Medical Practice Act of 1987.
3    6. "Physician" means, for purposes of this Act, a person
4licensed to practice medicine in all of its branches under the
5Medical Practice Act of 1987.
6    7. "Collaborating physician" means the physician who,
7within his or her specialty and expertise, may delegate a
8variety of tasks and procedures to the physician assistant.
9Such tasks and procedures shall be delegated in accordance with
10a written collaborative agreement. "Supervising Physician"
11means, for the purposes of this Act, the primary supervising
12physician of a physician assistant, who, within his specialty
13and expertise may delegate a variety of tasks and procedures to
14the physician assistant. Such tasks and procedures shall be
15delegated in accordance with a written supervision agreement.
16The supervising physician maintains the final responsibility
17for the care of the patient and the performance of the
18physician assistant.
19    8. "Alternate collaborating supervising physician" means,
20for the purpose of this Act, any physician designated by the
21collaborating supervising physician to collaborate provide
22supervision in the event that he or she is unable to
23collaborate provide that supervision. The Department may
24further define "alternate collaborating supervising physician"
25by rule.
26    The alternate collaborating supervising physicians shall

 

 

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1maintain all the same responsibilities as the collaborating
2supervising physician. Nothing in this Act shall be construed
3as relieving any physician of the professional or legal
4responsibility for the care and treatment of persons attended
5by him or her or by physician assistants with under his or her
6collaboration supervision. Nothing in this Act shall be
7construed as to limit the reasonable number of alternate
8collaborating supervising physicians, provided they are
9designated by the supervising physician.
10    9. "Address of record" means the designated address
11recorded by the Department in the applicant's or licensee's
12application file or license file maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address, and
15such changes must be made either through the Department's
16website or by contacting the Department's licensure
17maintenance unit.
18    10. "Hospital affiliate" means a corporation, partnership,
19joint venture, limited liability company, or similar
20organization, other than a hospital, that is devoted primarily
21to the provision, management, or support of health care
22services and that directly or indirectly controls, is
23controlled by, or is under common control of the hospital. For
24the purposes of this definition, "control" means having at
25least an equal or a majority ownership or membership interest.
26A hospital affiliate shall be 100% owned or controlled by any

 

 

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1combination of hospitals, their parent corporations, or
2physicians licensed to practice medicine in all its branches in
3Illinois. "Hospital affiliate" does not include a health
4maintenance organization regulated under the Health
5Maintenance Organization Act.
6    11. "Email address of record" means the designated email
7address recorded by the Department in the applicant's
8application file or the licensee's license file, as maintained
9by the Department's licensure maintenance unit.
10(Source: P.A. 99-330, eff. 1-1-16.)
 
11    (225 ILCS 95/4.5 new)
12    Sec. 4.5. Address of record; email address of record. All
13applicants and licensees shall:
14        (1) provide a valid address and email address to the
15    Department, which shall serve as the address of record and
16    email address of record, respectively, at the time of
17    application for licensure or renewal of a license; and
18        (2) inform the Department of any change of address of
19    record or email address of record within 14 days after such
20    change either through the Department's website or by
21    contacting the Department's licensure maintenance unit.
 
22    (225 ILCS 95/5)  (from Ch. 111, par. 4605)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 5. Applicability. This Act does not prohibit:

 

 

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1        (1) any 1. Any person licensed in this State under any
2    other Act from engaging in the practice for which he is
3    licensed;
4        (2) the 2. The practice as a physician assistant by a
5    person who is employed by the United States government or
6    any bureau, division or agency thereof while in the
7    discharge of the employee's official duties;
8        (3) the 3. The practice as a physician assistant which
9    is included in their program of study by students enrolled
10    in schools or in refresher courses approved by the
11    Department.
12        4. The practice, services, or activities of persons
13    practicing the specified occupations set forth in
14    subsection (a) of, and pursuant to a licensing exemption
15    granted in subsection (b) or (d) of, Section 2105-350 of
16    the Department of Professional Regulation Law of the Civil
17    Administrative Code of Illinois, but only for so long as
18    the 2016 Olympic and Paralympic Games Professional
19    Licensure Exemption Law is operable.
20(Source: P.A. 96-7, eff. 4-3-09.)
 
21    (225 ILCS 95/5.3 new)
22    Sec. 5.3. Advertising.
23    (a) As used in this Section, "advertise" means solicitation
24by the licensee or through another person or entity by means of
25hand bills, posters, circulars, motion pictures, radio,

 

 

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1newspapers, or television or any other manner.
2    (b) A person licensed under this Act as a physician
3assistant may advertise the availability of professional
4services in the public media or on the premises where the
5professional services are rendered. The advertising is limited
6to the following information:
7        (1) publication of the person's name, title, office
8    hours, address, and telephone number;
9        (2) information pertaining to the person's areas of
10    specialization, including, but not limited to, appropriate
11    board certification or limitation of professional
12    practice;
13        (3) publication of the person's collaborating
14    physician's name, title, and areas of specialization;
15        (4) information on usual and customary fees for routine
16    professional services offered, which shall include
17    notification that fees may be adjusted due to complications
18    or unforeseen circumstances;
19        (5) announcements of the opening of, change of, absence
20    from, or return to business;
21        (6) announcements of additions to or deletions from
22    professional licensed staff; and
23        (7) the issuance of business or appointment cards.
24    (c) It is unlawful for a person licensed under this Act as
25a physician assistant to use claims of superior quality of care
26to entice the public. It is unlawful to advertise fee

 

 

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1comparisons of available services with those of other licensed
2persons.
3    (d) This Section does not authorize the advertising of
4professional services that the offeror of the services is not
5licensed or authorized to render. The advertiser shall not use
6statements that contain false, fraudulent, deceptive, or
7misleading material or guarantees of success, statements that
8play upon the vanity or fears of the public, or statements that
9promote or produce unfair competition.
10    (e) It is unlawful and punishable under the penalty
11provisions of this Act for a person licensed under this Act to
12knowingly advertise that the licensee will accept as payment
13for services rendered by assignment from any third-party payor
14the amount the third-party payor covers as payment in full if
15the effect is to give the impression of eliminating the need of
16payment by the patient of any required deductible or copayment
17applicable in the patient's health benefit plan.
18    (f) A licensee shall include in every advertisement for
19services regulated under this Act his or her title as it
20appears on the license or the initials authorized under this
21Act.
 
22    (225 ILCS 95/5.5 new)
23    Sec. 5.5. Billing. The employer of a physician assistant
24may charge for services rendered by the physician assistant.
25All claims for services rendered by the physician assistant

 

 

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1shall be submitted using the physician assistant's national
2provider identification number as the billing provider
3whenever appropriate. Payment for services rendered by a
4physician assistant shall be made to his or her employer if the
5payor would have made payment had the services been provided by
6a physician licensed to provide medicine in all of its
7branches.
 
8    (225 ILCS 95/6)  (from Ch. 111, par. 4606)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 6. Physician assistant title Title; advertising
11billing.
12    (a) No physician assistant shall use the title of doctor or
13associate with his or her name or any other term that would
14indicate to other persons that he or she is qualified to engage
15in the general practice of medicine.
16    (b) No person shall use any words, abbreviations, figures,
17letters, title, sign, card, or device tending to imply that he
18or she is a physician assistant, including, but not limited to,
19using the titles or initials "Physician Assistant" or "PA", or
20similar titles or initials, with the intention of indicating
21practice as a physician assistant without meeting the
22requirements of this Act. A licensee shall include in every
23advertisement for services regulated under this Act his or her
24title as it appears on the license or the initials authorized
25under this Act.

 

 

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1    (c) A physician assistant shall verbally identify himself
2or herself as a physician assistant, including specialty
3certification, to each patient.
4    (d) Nothing in this Act shall be construed to relieve a
5physician assistant of the professional or legal
6responsibility for the care and treatment of persons attended
7by him or her.
8    (c) A physician assistant shall not be allowed to bill
9patients or in any way to charge for services. Nothing in this
10Act, however, shall be so construed as to prevent the employer
11of a physician assistant from charging for services rendered by
12the physician assistant. Payment for services rendered by a
13physician assistant shall be made to his or her employer if the
14payor would have made payment had the services been provided by
15a physician licensed to practice medicine in all its branches.
16    (d) The supervising physician shall file with the
17Department notice of employment, discharge, or supervisory
18control of a physician assistant at the time of employment,
19discharge, or assumption of supervisory control of a physician
20assistant.
21(Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
2290-655, eff. 7-30-98; 91-310, eff. 1-1-00.)
 
23    (225 ILCS 95/7)  (from Ch. 111, par. 4607)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 7. Collaboration Supervision requirements.

 

 

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1    (a) A collaborating supervising physician shall determine
2the number of physician assistants to collaborate with, under
3his or her supervision provided the physician is able to
4provide adequate collaboration supervision as outlined in the
5written collaborative supervision agreement required under
6Section 7.5 of this Act and consideration is given to the
7nature of the physician's practice, complexity of the patient
8population, and the experience of each supervised physician
9assistant. A collaborating physician may collaborate with a
10maximum of 5 full-time equivalent physician assistants. The
11number of physician assistants that the physician collaborates
12with shall not be reduced by the number of advanced practice
13nurses with whom the physician holds collaborative agreements.
14Physicians and physician assistants who work in a hospital,
15hospital affiliate, or ambulatory surgical treatment center as
16defined by Section 7.7 of this Act are exempt from the
17collaborative ratio restriction requirements of this Section.
18A supervising physician may supervise a maximum of 5 full-time
19equivalent physician assistants; provided, however, this
20number of physician assistants shall be reduced by the number
21of collaborative agreements the supervising physician
22maintains. A physician assistant shall be able to hold more
23than one professional position. A supervising physician shall
24file a notice of supervision of each physician assistant
25according to the rules of the Department. It is the
26responsibility of the supervising physician to maintain

 

 

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1documentation each time he or she has designated an alternative
2supervising physician. This documentation shall include the
3date alternate supervisory control began, the date alternate
4supervisory control ended, and any other changes. A supervising
5physician shall provide a copy of this documentation to the
6Department, upon request.
7    Physician assistants shall collaborate be supervised only
8with by physicians as defined in this Act who are engaged in
9clinical practice, or in clinical practice in public health or
10other community health facilities.
11    Nothing in this Act shall be construed to limit the
12delegation of tasks or duties by a physician to a nurse or
13other appropriately trained personnel.
14    Nothing in this Act shall be construed to prohibit the
15employment of physician assistants by a hospital, nursing home
16or other health care facility where such physician assistants
17function under a collaborating the supervision of a supervising
18physician.
19    A physician assistant may be employed by a practice group
20or other entity employing multiple physicians at one or more
21locations. In that case, one of the physicians practicing at a
22location shall be designated the collaborating supervising
23physician. The other physicians with that practice group or
24other entity who practice in the same general type of practice
25or specialty as the collaborating supervising physician may
26collaborate with supervise the physician assistant with

 

 

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1respect to their patients without being deemed alternate
2supervising physicians for the purpose of this Act.
3    (b) A physician assistant licensed in this State, or
4licensed or authorized to practice in any other U.S.
5jurisdiction or credentialed by his or her federal employer as
6a physician assistant, who is responding to a need for medical
7care created by an emergency or by a state or local disaster
8may render such care that the physician assistant is able to
9provide without collaboration supervision as it is defined in
10this Section or with such supervision as is available. For
11purposes of this Section, an "emergency situation" shall not
12include one that occurs in the place of one's employment.
13    Any physician who collaborates with supervises a physician
14assistant providing medical care in response to such an
15emergency or state or local disaster shall not be required to
16meet the requirements set forth in this Section for a
17collaborating supervising physician.
18(Source: P.A. 96-70, eff. 7-23-09; 97-1071, eff. 8-24-12.)
 
19    (225 ILCS 95/7.5)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 7.5. Written collaborative Prescriptions; written
22supervision agreements; prescriptive authority.
23    (a) A written collaborative supervision agreement is
24required for all physician assistants to practice in the State,
25except as provided in Section 7.7 of this Act.

 

 

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1        (1) A written collaborative supervision agreement
2    shall describe the working relationship of the physician
3    assistant with the collaborating supervising physician and
4    shall describe authorize the categories of care,
5    treatment, or procedures to be provided performed by the
6    physician assistant. The written collaborative supervision
7    agreement shall promote the exercise of professional
8    judgment by the physician assistant commensurate with his
9    or her education and experience. The services to be
10    provided by the physician assistant shall be services that
11    the collaborating supervising physician is authorized to
12    and generally provides to his or her patients in the normal
13    course of his or her clinical medical practice. The written
14    collaborative supervision agreement need not describe the
15    exact steps that a physician assistant must take with
16    respect to each specific condition, disease, or symptom but
17    must specify which authorized procedures require the
18    presence of the collaborating supervising physician as the
19    procedures are being performed. The supervision
20    relationship under a written collaborative supervision
21    agreement shall not be construed to require the personal
22    presence of a physician at the place where services are
23    rendered. Methods of communication shall be available for
24    consultation with the collaborating supervising physician
25    in person or by telecommunications or electronic
26    communications in accordance with established written

 

 

10000SB1585sam001- 24 -LRB100 11277 SMS 24690 a

1    guidelines as set forth in the written collaborative
2    supervision agreement. For the purposes of this Act,
3    "generally provides to his or her patients in the normal
4    course of his or her clinical medical practice" means
5    services, not specific tasks or duties, the collaborating
6    supervising physician routinely provides individually or
7    through delegation to other persons so that the physician
8    has the experience and ability to collaborate and provide
9    supervision and consultation.
10        (2) The written collaborative supervision agreement
11    shall be adequate if a physician does each of the
12    following:
13            (A) Participates in the joint formulation and
14        joint approval of orders or guidelines with the
15        physician assistant and he or she periodically reviews
16        such orders and the services provided patients under
17        such orders in accordance with accepted standards of
18        medical practice and physician assistant practice.
19            (B) Provides supervision and consultation at least
20        once a month.
21        (3) A copy of the signed, written collaborative
22    supervision agreement must be available to the Department
23    upon request from both the physician assistant and the
24    collaborating supervising physician.
25        (4) A physician assistant shall inform each
26    collaborating supervising physician of all written

 

 

10000SB1585sam001- 25 -LRB100 11277 SMS 24690 a

1    collaborative supervision agreements he or she has signed
2    and provide a copy of these to any collaborating
3    supervising physician upon request.
4    (b) A collaborating supervising physician may, but is not
5required to, delegate prescriptive authority to a physician
6assistant as part of a written collaborative supervision
7agreement. This authority may, but is not required to, include
8prescription of, selection of, orders for, administration of,
9storage of, acceptance of samples of, and dispensing over the
10counter medications, legend drugs, medical gases, and
11controlled substances categorized as Schedule II III through V
12controlled substances, as defined in Article II of the Illinois
13Controlled Substances Act, and other preparations, including,
14but not limited to, botanical and herbal remedies. The
15collaborating supervising physician must have a valid, current
16Illinois controlled substance license and federal registration
17with the Drug Enforcement Agency to delegate the authority to
18prescribe controlled substances.
19        (1) To prescribe Schedule II, III, IV, or V controlled
20    substances under this Section, a physician assistant must
21    obtain a mid-level practitioner controlled substances
22    license. Medication orders issued by a physician assistant
23    shall be reviewed periodically by the collaborating
24    supervising physician.
25        (2) The collaborating supervising physician shall file
26    with the Department notice of delegation of prescriptive

 

 

10000SB1585sam001- 26 -LRB100 11277 SMS 24690 a

1    authority to a physician assistant and termination of
2    delegation, specifying the authority delegated or
3    terminated. Upon receipt of this notice delegating
4    authority to prescribe Schedule III, IV, or V controlled
5    substances, the physician assistant shall be eligible to
6    register for a mid-level practitioner controlled
7    substances license under Section 303.05 of the Illinois
8    Controlled Substances Act. Nothing in this Act shall be
9    construed to limit the delegation of tasks or duties by the
10    collaborating supervising physician to a nurse or other
11    appropriately trained persons in accordance with Section
12    54.2 of the Medical Practice Act of 1987.
13        (3) In addition to the requirements of this subsection
14    (b) of this Section, a collaborating supervising physician
15    may, but is not required to, delegate authority to a
16    physician assistant to prescribe Schedule II controlled
17    substances, if all of the following conditions apply:
18            (A) Specific Schedule II controlled substances by
19        oral dosage or topical or transdermal application may
20        be delegated, provided that the delegated Schedule II
21        controlled substances are routinely prescribed by the
22        collaborating supervising physician. This delegation
23        must identify the specific Schedule II controlled
24        substances by either brand name or generic name.
25        Schedule II controlled substances to be delivered by
26        injection or other route of administration may not be

 

 

10000SB1585sam001- 27 -LRB100 11277 SMS 24690 a

1        delegated.
2            (B) Any delegation must be controlled substances
3        that the collaborating supervising physician
4        prescribes.
5            (C) Any prescription must be limited to no more
6        than a 30-day supply, with any continuation authorized
7        only after prior approval of the collaborating
8        supervising physician.
9            (D) The physician assistant must discuss the
10        condition of any patients for whom a controlled
11        substance is prescribed monthly with the collaborating
12        supervising physician.
13            (E) The physician assistant meets the education
14        requirements of Section 303.05 of the Illinois
15        Controlled Substances Act.
16    (c) Nothing in this Act shall be construed to limit the
17delegation of tasks or duties by a physician to a licensed
18practical nurse, a registered professional nurse, or other
19persons. Nothing in this Act shall be construed to limit the
20method of delegation that may be authorized by any means,
21including, but not limited to, oral, written, electronic,
22standing orders, protocols, guidelines, or verbal orders.
23Nothing in this Act shall be construed to authorize a physician
24assistant to provide health care services required by law or
25rule to be performed by a physician.
26    (c-5) Nothing in this Section shall be construed to apply

 

 

10000SB1585sam001- 28 -LRB100 11277 SMS 24690 a

1to any medication authority, including Schedule II controlled
2substances of a licensed physician assistant for care provided
3in a hospital, hospital affiliate, or ambulatory surgical
4treatment center pursuant to Section 7.7 of this Act.
5    (d) Any physician assistant who writes a prescription for a
6controlled substance without having a valid appropriate
7authority may be fined by the Department not more than $50 per
8prescription, and the Department may take any other
9disciplinary action provided for in this Act.
10    (e) Nothing in this Section shall be construed to prohibit
11generic substitution.
12(Source: P.A. 96-268, eff. 8-11-09; 96-618, eff. 1-1-10;
1396-1000, eff. 7-2-10; 97-358, eff. 8-12-11.)
 
14    (225 ILCS 95/7.7)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 7.7. Physician assistants in hospitals, hospital
17affiliates, or ambulatory surgical treatment centers.
18    (a) A physician assistant may provide services in a
19hospital or a hospital affiliate as those terms are defined in
20the Hospital Licensing Act or the University of Illinois
21Hospital Act or a licensed ambulatory surgical treatment center
22without a written collaborative supervision agreement pursuant
23to Section 7.5 of this Act. A physician assistant must possess
24clinical privileges recommended by the hospital medical staff
25and granted by the hospital or the consulting medical staff

 

 

10000SB1585sam001- 29 -LRB100 11277 SMS 24690 a

1committee and ambulatory surgical treatment center in order to
2provide services. The medical staff or consulting medical staff
3committee shall periodically review the services of physician
4assistants granted clinical privileges, including any care
5provided in a hospital affiliate. Authority may also be granted
6when recommended by the hospital medical staff and granted by
7the hospital or recommended by the consulting medical staff
8committee and ambulatory surgical treatment center to
9individual physician assistants to select, order, and
10administer medications, including controlled substances, to
11provide delineated care. In a hospital, hospital affiliate, or
12ambulatory surgical treatment center, the attending physician
13shall determine a physician assistant's role in providing care
14for his or her patients, except as otherwise provided in the
15medical staff bylaws or consulting committee policies.
16    (a-5) Physician assistants practicing in a hospital
17affiliate may be, but are not required to be, granted authority
18to prescribe Schedule II through V controlled substances when
19such authority is recommended by the appropriate physician
20committee of the hospital affiliate and granted by the hospital
21affiliate. This authority may, but is not required to, include
22prescription of, selection of, orders for, administration of,
23storage of, acceptance of samples of, and dispensing
24over-the-counter medications, legend drugs, medical gases, and
25controlled substances categorized as Schedule II through V
26controlled substances, as defined in Article II of the Illinois

 

 

10000SB1585sam001- 30 -LRB100 11277 SMS 24690 a

1Controlled Substances Act, and other preparations, including,
2but not limited to, botanical and herbal remedies.
3    To prescribe controlled substances under this subsection
4(a-5), a physician assistant must obtain a mid-level
5practitioner controlled substance license. Medication orders
6shall be reviewed periodically by the appropriate hospital
7affiliate physicians committee or its physician designee.
8    The hospital affiliate shall file with the Department
9notice of a grant of prescriptive authority consistent with
10this subsection (a-5) and termination of such a grant of
11authority in accordance with rules of the Department. Upon
12receipt of this notice of grant of authority to prescribe any
13Schedule II through V controlled substances, the licensed
14physician assistant may register for a mid-level practitioner
15controlled substance license under Section 303.05 of the
16Illinois Controlled Substances Act.
17    In addition, a hospital affiliate may, but is not required
18to, grant authority to a physician assistant to prescribe any
19Schedule II controlled substances if all of the following
20conditions apply:
21        (1) specific Schedule II controlled substances by oral
22    dosage or topical or transdermal application may be
23    designated, provided that the designated Schedule II
24    controlled substances are routinely prescribed by
25    physician assistants in their area of certification; this
26    grant of authority must identify the specific Schedule II

 

 

10000SB1585sam001- 31 -LRB100 11277 SMS 24690 a

1    controlled substances by either brand name or generic name;
2    authority to prescribe or dispense Schedule II controlled
3    substances to be delivered by injection or other route of
4    administration may not be granted;
5        (2) any grant of authority must be controlled
6    substances limited to the practice of the physician
7    assistant;
8        (3) any prescription must be limited to no more than a
9    30-day supply;
10        (4) the physician assistant must discuss the condition
11    of any patients for whom a controlled substance is
12    prescribed monthly with the appropriate physician
13    committee of the hospital affiliate or its physician
14    designee; and
15        (5) the physician assistant must meet the education
16    requirements of Section 303.05 of the Illinois Controlled
17    Substances Act.
18    (b) A physician assistant granted authority to order
19medications including controlled substances may complete
20discharge prescriptions provided the prescription is in the
21name of the physician assistant and the attending or
22discharging physician.
23    (c) Physician assistants practicing in a hospital,
24hospital affiliate, or an ambulatory surgical treatment center
25are not required to obtain a mid-level controlled substance
26license to order controlled substances under Section 303.05 of

 

 

10000SB1585sam001- 32 -LRB100 11277 SMS 24690 a

1the Illinois Controlled Substances Act.
2(Source: P.A. 97-1071, eff. 8-24-12.)
 
3    (225 ILCS 95/9)  (from Ch. 111, par. 4609)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 9. Application for licensure. Applications for
6original licenses shall be made to the Department in writing on
7forms or electronically as prescribed by the Department and
8shall be accompanied by the required fee, which shall not be
9refundable. An application shall require information that in
10the judgment of the Department will enable the Department to
11pass on the qualifications of the applicant for a license. An
12application shall include evidence of passage of the
13examination of the National Commission on the Certification of
14Physician Assistants, or its successor agency, and proof that
15the applicant holds a valid certificate issued by that
16Commission.
17    Applicants have 3 years from the date of application to
18complete the application process. If the process has not been
19completed in 3 years, the application shall be denied, the fee
20shall be forfeited, and the applicant must reapply and meet the
21requirements in effect at the time of reapplication.
22(Source: P.A. 90-61, eff. 12-30-97.)
 
23    (225 ILCS 95/10)  (from Ch. 111, par. 4610)
24    (Section scheduled to be repealed on January 1, 2018)

 

 

10000SB1585sam001- 33 -LRB100 11277 SMS 24690 a

1    Sec. 10. Identification. No person shall use the title
2"physician or perform the duties of "Physician assistant" or
3perform the duties of a physician assistant unless he or she
4holds is a qualified holder of a valid license issued by the
5Department as provided in this Act. A physician assistant shall
6wear on his or her person a visible identification indicating
7that he or she is certified as a physician assistant while
8acting in the course of his or her duties.
9(Source: P.A. 90-61, eff. 12-30-97.)
 
10    (225 ILCS 95/11.5 new)
11    Sec. 11.5. Continuing education. The Department shall
12adopt rules for continuing education for persons licensed under
13this Act that require 50 hours of continuing education per
142-year license renewal cycle. Completion of the 50 hours of
15continuing education shall be deemed to satisfy the continuing
16education requirements for renewal of a physician assistant
17license as required by this Act. The rules shall not be
18inconsistent with requirements of relevant national certifying
19bodies or State or national professional associations. The
20rules shall also address variances in part or in whole for good
21cause, including, but not limited to, illness or hardship. The
22continuing education rules shall ensure that licensees are
23given the opportunity to participate in programs sponsored by
24or through their State or national professional associations,
25hospitals, or other providers of continuing education. Each

 

 

10000SB1585sam001- 34 -LRB100 11277 SMS 24690 a

1licensee is responsible for maintaining records of completion
2of continuing education and shall be prepared to produce the
3records when requested by the Department.
 
4    (225 ILCS 95/12)  (from Ch. 111, par. 4612)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 12. A person shall be qualified for licensure as a
7physician assistant and the Department may issue a physician
8assistant license to a person who:
9        1. has Has applied in writing or electronically in form
10    and substance satisfactory to the Department and has not
11    violated any of the provisions of Section 21 of this Act or
12    the rules adopted under this Act promulgated hereunder. The
13    Department may take into consideration any felony
14    conviction of the applicant but such conviction shall not
15    operate as an absolute bar to licensure;
16        2. has Has successfully completed the examination
17    provided by the National Commission on the Certification of
18    Physician Assistants Physician's Assistant or its
19    successor agency;
20        3. holds Holds a certificate issued by the National
21    Commission on the Certification of Physician Assistants or
22    an equivalent successor agency; and
23        4. complies Complies with all applicable rules of the
24    Department.
25(Source: P.A. 95-703, eff. 12-31-07.)
 

 

 

10000SB1585sam001- 35 -LRB100 11277 SMS 24690 a

1    (225 ILCS 95/13)  (from Ch. 111, par. 4613)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 13. Department powers and duties.
4    (a) Subject to the provisions of this Act, the Department
5shall:
6        (1) adopt 1. Promulgate rules approved by the Board
7    setting forth standards to be met by a school or
8    institution offering a course of training for physician
9    assistants prior to approval of such school or
10    institution; .
11        (2) adopt 2. Promulgate rules approved by the Board
12    setting forth uniform and reasonable standards of
13    instruction to be met prior to approval of such course of
14    institution for physician assistants; and .
15        (3) determine 3. Determine the reputability and good
16    standing of such schools or institutions and their course
17    of instruction for physician assistants by reference to
18    compliance with such rules, provided that no school of
19    physician assistants that refuses admittance to applicants
20    solely on account of race, color, sex, or creed shall be
21    considered reputable and in good standing.
22    (b) No rule shall be adopted under this Act which allows a
23physician assistant to perform any act, task, or function
24primarily performed in the lawful practice of optometry under
25the Illinois Optometric Practice Act of 1987.

 

 

10000SB1585sam001- 36 -LRB100 11277 SMS 24690 a

1    (c) All rules shall be submitted to the Board for review
2and the Department shall consider any comments provided by the
3Board.
4(Source: P.A. 85-1440.)
 
5    (225 ILCS 95/14.1)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 14.1. Fees.
8    (a) Fees collected for the administration of this Act shall
9be set by the Department by rule. All fees are nonrefundable
10not refundable.
11    (b) (Blank).
12    (c) All moneys collected under this Act by the Department
13shall be deposited in the Illinois State Medical Disciplinary
14Fund in the State Treasury and used (1) in the exercise of its
15powers and performance of its duties under this Act, as such
16use is made by the Department; (2) for costs directly related
17to licensing and license renewal of persons licensed under this
18Act; and (3) for costs related to the public purposes of the
19Department.
20    All earnings received from investment of moneys in the
21Illinois State Medical Disciplinary Fund shall be deposited
22into the Illinois State Medical Disciplinary Fund and shall be
23used for the same purposes as fees deposited in the Fund.
24(Source: P.A. 95-703, eff. 12-31-07.)
 

 

 

10000SB1585sam001- 37 -LRB100 11277 SMS 24690 a

1    (225 ILCS 95/16)  (from Ch. 111, par. 4616)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 16. Expiration; renewal. The expiration date and
4renewal period for each license issued under this Act shall be
5set by rule. Renewal shall be conditioned on paying the
6required fee and by meeting such other requirements as may be
7established by rule. The certification as a physician assistant
8by the National Commission on Certification of Physician
9Assistants or an equivalent successor agency is not required
10for renewal of a license under this Act.
11    Any physician assistant who has permitted his or her
12license to expire or who has had his or her license on inactive
13status may have the license restored by making application to
14the Department and filing proof acceptable to the Department of
15his or her fitness to have the license restored, and by paying
16the required fees. Proof of fitness may include sworn evidence
17certifying to active lawful practice in another jurisdiction.
18    If the physician assistant has not maintained an active
19practice in another jurisdiction satisfactory to the
20Department, the Department shall determine, by an evaluation
21program established by rule, his or her fitness for restoration
22of the license and shall establish procedures and requirements
23for such restoration.
24    However, any physician assistant whose license expired
25while he or she was (1) in federal service on active duty with
26the Armed Forces of the United States, or the State Militia

 

 

10000SB1585sam001- 38 -LRB100 11277 SMS 24690 a

1called into service or training, or (2) in training or
2education under the supervision of the United States
3preliminary to induction into the military service, may have
4the license restored without paying any lapsed renewal fees if
5within 2 years after honorable termination of such service,
6training, or education he or she furnishes the Department with
7satisfactory evidence to the effect that he or she has been so
8engaged and that his or her service, training, or education has
9been so terminated.
10(Source: P.A. 90-61, eff. 12-30-97.)
 
11    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 21. Grounds for disciplinary action.
14    (a) The Department may refuse to issue or to renew, or may
15revoke, suspend, place on probation, censure or reprimand, or
16take other disciplinary or non-disciplinary action with regard
17to any license issued under this Act as the Department may deem
18proper, including the issuance of fines not to exceed $10,000
19for each violation, for any one or combination of the following
20causes:
21        (1) Material misstatement in furnishing information to
22    the Department.
23        (2) Violations of this Act, or the rules adopted under
24    this Act.
25        (3) Conviction by plea of guilty or nolo contendere,

 

 

10000SB1585sam001- 39 -LRB100 11277 SMS 24690 a

1    finding of guilt, jury verdict, or entry of judgment or
2    sentencing, including, but not limited to, convictions,
3    preceding sentences of supervision, conditional discharge,
4    or first offender probation, under the laws of any
5    jurisdiction of the United States that is: (i) a felony; or
6    (ii) a misdemeanor, an essential element of which is
7    dishonesty, or that is directly related to the practice of
8    the profession. Conviction of or entry of a plea of guilty
9    or nolo contendere to any crime that is a felony under the
10    laws of the United States or any state or territory thereof
11    or that is a misdemeanor of which an essential element is
12    dishonesty or that is directly related to the practice of
13    the profession.
14        (4) Making any misrepresentation for the purpose of
15    obtaining licenses.
16        (5) Professional incompetence.
17        (6) Aiding or assisting another person in violating any
18    provision of this Act or its rules.
19        (7) Failing, within 60 days, to provide information in
20    response to a written request made by the Department.
21        (8) Engaging in dishonorable, unethical, or
22    unprofessional conduct, as defined by rule, of a character
23    likely to deceive, defraud, or harm the public.
24        (9) Habitual or excessive use or addiction to alcohol,
25    narcotics, stimulants, or any other chemical agent or drug
26    that results in a physician assistant's inability to

 

 

10000SB1585sam001- 40 -LRB100 11277 SMS 24690 a

1    practice with reasonable judgment, skill, or safety.
2        (10) Discipline by another U.S. jurisdiction or
3    foreign nation, if at least one of the grounds for
4    discipline is the same or substantially equivalent to those
5    set forth in this Section.
6        (11) Directly or indirectly giving to or receiving from
7    any person, firm, corporation, partnership, or association
8    any fee, commission, rebate or other form of compensation
9    for any professional services not actually or personally
10    rendered. Nothing in this paragraph (11) affects any bona
11    fide independent contractor or employment arrangements,
12    which may include provisions for compensation, health
13    insurance, pension, or other employment benefits, with
14    persons or entities authorized under this Act for the
15    provision of services within the scope of the licensee's
16    practice under this Act.
17        (12) A finding by the Disciplinary Board that the
18    licensee, after having his or her license placed on
19    probationary status has violated the terms of probation.
20        (13) Abandonment of a patient.
21        (14) Willfully making or filing false records or
22    reports in his or her practice, including but not limited
23    to false records filed with state agencies or departments.
24        (15) Willfully failing to report an instance of
25    suspected child abuse or neglect as required by the Abused
26    and Neglected Child Reporting Act.

 

 

10000SB1585sam001- 41 -LRB100 11277 SMS 24690 a

1        (16) Physical illness, or mental illness or impairment
2    that results in the inability to practice the profession
3    with reasonable judgment, skill, or safety, including, but
4    not limited to, deterioration through the aging process or
5    loss of motor skill.
6        (17) Being named as a perpetrator in an indicated
7    report by the Department of Children and Family Services
8    under the Abused and Neglected Child Reporting Act, and
9    upon proof by clear and convincing evidence that the
10    licensee has caused a child to be an abused child or
11    neglected child as defined in the Abused and Neglected
12    Child Reporting Act.
13        (18) (Blank).
14        (19) Gross negligence resulting in permanent injury or
15    death of a patient.
16        (20) Employment of fraud, deception or any unlawful
17    means in applying for or securing a license as a physician
18    assistant.
19        (21) Exceeding the authority delegated to him or her by
20    his or her collaborating supervising physician in a written
21    collaborative supervision agreement.
22        (22) Immoral conduct in the commission of any act, such
23    as sexual abuse, sexual misconduct, or sexual exploitation
24    related to the licensee's practice.
25        (23) Violation of the Health Care Worker Self-Referral
26    Act.

 

 

10000SB1585sam001- 42 -LRB100 11277 SMS 24690 a

1        (24) Practicing under a false or assumed name, except
2    as provided by law.
3        (25) Making a false or misleading statement regarding
4    his or her skill or the efficacy or value of the medicine,
5    treatment, or remedy prescribed by him or her in the course
6    of treatment.
7        (26) Allowing another person to use his or her license
8    to practice.
9        (27) Prescribing, selling, administering,
10    distributing, giving, or self-administering a drug
11    classified as a controlled substance (designated product)
12    or narcotic for other than medically-accepted therapeutic
13    purposes.
14        (28) Promotion of the sale of drugs, devices,
15    appliances, or goods provided for a patient in a manner to
16    exploit the patient for financial gain.
17        (29) A pattern of practice or other behavior that
18    demonstrates incapacity or incompetence to practice under
19    this Act.
20        (30) Violating State or federal laws or regulations
21    relating to controlled substances or other legend drugs or
22    ephedra as defined in the Ephedra Prohibition Act.
23        (31) Exceeding the prescriptive authority delegated by
24    the collaborating supervising physician or violating the
25    written collaborative supervision agreement delegating
26    that authority.

 

 

10000SB1585sam001- 43 -LRB100 11277 SMS 24690 a

1        (32) Practicing without providing to the Department a
2    notice of collaboration supervision or delegation of
3    prescriptive authority.
4        (33) Failure to establish and maintain records of
5    patient care and treatment as required by law.
6        (34) Attempting to subvert or cheat on the examination
7    of the National Commission on Certification of Physician
8    Assistants or its successor agency.
9        (35) Willfully or negligently violating the
10    confidentiality between physician assistant and patient,
11    except as required by law.
12        (36) Willfully failing to report an instance of
13    suspected abuse, neglect, financial exploitation, or
14    self-neglect of an eligible adult as defined in and
15    required by the Adult Protective Services Act.
16        (37) Being named as an abuser in a verified report by
17    the Department on Aging under the Adult Protective Services
18    Act and upon proof by clear and convincing evidence that
19    the licensee abused, neglected, or financially exploited
20    an eligible adult as defined in the Adult Protective
21    Services Act.
22        (38) Failure to report to the Department an adverse
23    final action taken against him or her by another licensing
24    jurisdiction of the United States or a foreign state or
25    country, a peer review body, a health care institution, a
26    professional society or association, a governmental

 

 

10000SB1585sam001- 44 -LRB100 11277 SMS 24690 a

1    agency, a law enforcement agency, or a court acts or
2    conduct similar to acts or conduct that would constitute
3    grounds for action under this Section.
4    (b) The Department may, without a hearing, refuse to issue
5or renew or may suspend the license of any person who fails to
6file a return, or to pay the tax, penalty or interest shown in
7a filed return, or to pay any final assessment of the tax,
8penalty, or interest as required by any tax Act administered by
9the Illinois Department of Revenue, until such time as the
10requirements of any such tax Act are satisfied.
11    (c) The determination by a circuit court that a licensee is
12subject to involuntary admission or judicial admission as
13provided in the Mental Health and Developmental Disabilities
14Code operates as an automatic suspension. The suspension will
15end only upon a finding by a court that the patient is no
16longer subject to involuntary admission or judicial admission
17and issues an order so finding and discharging the patient, and
18upon the recommendation of the Disciplinary Board to the
19Secretary that the licensee be allowed to resume his or her
20practice.
21    (d) In enforcing this Section, the Department upon a
22showing of a possible violation may compel an individual
23licensed to practice under this Act, or who has applied for
24licensure under this Act, to submit to a mental or physical
25examination, or both, which may include a substance abuse or
26sexual offender evaluation, as required by and at the expense

 

 

10000SB1585sam001- 45 -LRB100 11277 SMS 24690 a

1of the Department.
2    The Department shall specifically designate the examining
3physician licensed to practice medicine in all of its branches
4or, if applicable, the multidisciplinary team involved in
5providing the mental or physical examination or both. The
6multidisciplinary team shall be led by a physician licensed to
7practice medicine in all of its branches and may consist of one
8or more or a combination of physicians licensed to practice
9medicine in all of its branches, licensed clinical
10psychologists, licensed clinical social workers, licensed
11clinical professional counselors, and other professional and
12administrative staff. Any examining physician or member of the
13multidisciplinary team may require any person ordered to submit
14to an examination pursuant to this Section to submit to any
15additional supplemental testing deemed necessary to complete
16any examination or evaluation process, including, but not
17limited to, blood testing, urinalysis, psychological testing,
18or neuropsychological testing.
19    The Department may order the examining physician or any
20member of the multidisciplinary team to provide to the
21Department any and all records, including business records,
22that relate to the examination and evaluation, including any
23supplemental testing performed.
24    The Department may order the examining physician or any
25member of the multidisciplinary team to present testimony
26concerning the mental or physical examination of the licensee

 

 

10000SB1585sam001- 46 -LRB100 11277 SMS 24690 a

1or applicant. No information, report, record, or other
2documents in any way related to the examination shall be
3excluded by reason of any common law or statutory privilege
4relating to communications between the licensee or applicant
5and the examining physician or any member of the
6multidisciplinary team. No authorization is necessary from the
7licensee or applicant ordered to undergo an examination for the
8examining physician or any member of the multidisciplinary team
9to provide information, reports, records, or other documents or
10to provide any testimony regarding the examination and
11evaluation. The examining physicians shall be specifically
12designated by the Department.
13    The individual to be examined may have, at his or her own
14expense, another physician of his or her choice present during
15all aspects of this examination. However, that physician shall
16be present only to observe and may not interfere in any way
17with the examination.
18     Failure of an individual to submit to a mental or physical
19examination, when ordered directed, shall result in an
20automatic be grounds for suspension of his or her license until
21the individual submits to the examination if the Department
22finds, after notice and hearing, that the refusal to submit to
23the examination was without reasonable cause.
24    If the Department finds an individual unable to practice
25because of the reasons set forth in this Section, the
26Department may require that individual to submit to care,

 

 

10000SB1585sam001- 47 -LRB100 11277 SMS 24690 a

1counseling, or treatment by physicians approved or designated
2by the Department, as a condition, term, or restriction for
3continued, reinstated, or renewed licensure to practice; or, in
4lieu of care, counseling, or treatment, the Department may file
5a complaint to immediately suspend, revoke, or otherwise
6discipline the license of the individual. An individual whose
7license was granted, continued, reinstated, renewed,
8disciplined, or supervised subject to such terms, conditions,
9or restrictions, and who fails to comply with such terms,
10conditions, or restrictions, shall be referred to the Secretary
11for a determination as to whether the individual shall have his
12or her license suspended immediately, pending a hearing by the
13Department.
14    In instances in which the Secretary immediately suspends a
15person's license under this Section, a hearing on that person's
16license must be convened by the Department within 30 days after
17the suspension and completed without appreciable delay. The
18Department shall have the authority to review the subject
19individual's record of treatment and counseling regarding the
20impairment to the extent permitted by applicable federal
21statutes and regulations safeguarding the confidentiality of
22medical records.
23    An individual licensed under this Act and affected under
24this Section shall be afforded an opportunity to demonstrate to
25the Department that he or she can resume practice in compliance
26with acceptable and prevailing standards under the provisions

 

 

10000SB1585sam001- 48 -LRB100 11277 SMS 24690 a

1of his or her license.
2    (e) An individual or organization acting in good faith, and
3not in a willful and wanton manner, in complying with this
4Section by providing a report or other information to the
5Board, by assisting in the investigation or preparation of a
6report or information, by participating in proceedings of the
7Board, or by serving as a member of the Board, shall not be
8subject to criminal prosecution or civil damages as a result of
9such actions.
10    (f) Members of the Board and the Disciplinary Board shall
11be indemnified by the State for any actions occurring within
12the scope of services on the Disciplinary Board or Board, done
13in good faith and not willful and wanton in nature. The
14Attorney General shall defend all such actions unless he or she
15determines either that there would be a conflict of interest in
16such representation or that the actions complained of were not
17in good faith or were willful and wanton.
18    If the Attorney General declines representation, the
19member has the right to employ counsel of his or her choice,
20whose fees shall be provided by the State, after approval by
21the Attorney General, unless there is a determination by a
22court that the member's actions were not in good faith or were
23willful and wanton.
24    The member must notify the Attorney General within 7 days
25after receipt of notice of the initiation of any action
26involving services of the Disciplinary Board. Failure to so

 

 

10000SB1585sam001- 49 -LRB100 11277 SMS 24690 a

1notify the Attorney General constitutes an absolute waiver of
2the right to a defense and indemnification.
3    The Attorney General shall determine, within 7 days after
4receiving such notice, whether he or she will undertake to
5represent the member.
6(Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09;
796-1482, eff. 11-29-10.)
 
8    (225 ILCS 95/22.2)  (from Ch. 111, par. 4622.2)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 22.2. Investigation; notice; hearing. The Department
11may investigate the actions of any applicant or of any person
12or persons holding or claiming to hold a license. The
13Department shall, before suspending, revoking, placing on
14probationary status, or taking any other disciplinary action as
15the Department may deem proper with regard to any license, at
16least 30 days prior to the date set for the hearing, notify the
17applicant or licensee in writing of any charges made and the
18time and place for a hearing of the charges before the
19Disciplinary Board, direct him or her to file his or her
20written answer thereto to the Disciplinary Board under oath
21within 20 days after the service on him or her of such notice
22and inform him or her that if he or she fails to file such
23answer default will be taken against him or her and his or her
24license may be suspended, revoked, placed on probationary
25status, or have other disciplinary action, including limiting

 

 

10000SB1585sam001- 50 -LRB100 11277 SMS 24690 a

1the scope, nature or extent of his or her practice, as the
2Department may deem proper taken with regard thereto. Written
3or electronic notice may be served by personal delivery, email,
4or certified or registered mail to the applicant or licensee at
5his or her last address of record or email address of record
6with the Department. At the time and place fixed in the notice,
7the Department shall proceed to hear the charges and the
8parties or their counsel shall be accorded ample opportunity to
9present such statements, testimony, evidence, and argument as
10may be pertinent to the charges or to the defense thereto. The
11Department may continue such hearing from time to time. In case
12the applicant or licensee, after receiving notice, fails to
13file an answer, his or her license may in the discretion of the
14Secretary, having received first the recommendation of the
15Disciplinary Board, be suspended, revoked, placed on
16probationary status, or the Secretary may take whatever
17disciplinary action as he or she may deem proper, including
18limiting the scope, nature, or extent of such person's
19practice, without a hearing, if the act or acts charged
20constitute sufficient grounds for such action under this Act.
21(Source: P.A. 95-703, eff. 12-31-07.)
 
22    (225 ILCS 95/22.6)  (from Ch. 111, par. 4622.6)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 22.6. At the conclusion of the hearing, the
25Disciplinary Board shall present to the Secretary a written

 

 

10000SB1585sam001- 51 -LRB100 11277 SMS 24690 a

1report of its findings of fact, conclusions of law, and
2recommendations. The report shall contain a finding whether or
3not the accused person violated this Act or failed to comply
4with the conditions required in this Act. The Disciplinary
5Board shall specify the nature of the violation or failure to
6comply, and shall make its recommendations to the Secretary.
7    The report of findings of fact, conclusions of law, and
8recommendation of the Disciplinary Board shall be the basis for
9the Department's order or refusal or for the granting of a
10license or permit. If the Secretary disagrees in any regard
11with the report of the Disciplinary Board, the Secretary may
12issue an order in contravention thereof. The Secretary shall
13provide a written report to the Disciplinary Board on any
14deviation, and shall specify with particularity the reasons for
15such action in the final order. The finding is not admissible
16in evidence against the person in a criminal prosecution
17brought for the violation of this Act, but the hearing and
18finding are not a bar to a criminal prosecution brought for the
19violation of this Act.
20(Source: P.A. 95-703, eff. 12-31-07.)
 
21    (225 ILCS 95/22.7)  (from Ch. 111, par. 4622.7)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 22.7. Hearing officer. Notwithstanding the provisions
24of Section 22.2 of this Act, the Secretary shall have the
25authority to appoint any attorney duly licensed to practice law

 

 

10000SB1585sam001- 52 -LRB100 11277 SMS 24690 a

1in the State of Illinois to serve as the hearing officer in any
2action for refusal to issue or renew, or for discipline of, a
3license. The Secretary shall notify the Disciplinary Board of
4any such appointment. The hearing officer shall have full
5authority to conduct the hearing. The hearing officer shall
6report his or her findings of fact, conclusions of law, and
7recommendations to the Disciplinary Board and the Secretary.
8The Disciplinary Board shall have 60 days from receipt of the
9report to review the report of the hearing officer and present
10their findings of fact, conclusions of law, and recommendations
11to the Secretary. If the Disciplinary Board fails to present
12its report within the 60-day 60 day period, the respondent may
13request in writing a direct appeal to the Secretary, in which
14case the Secretary may shall, within 7 calendar days after the
15request, issue an order directing the Disciplinary Board to
16issue its findings of fact, conclusions of law, and
17recommendations to the Secretary within 30 calendar days after
18such order. If the Disciplinary Board fails to issue its
19findings of fact, conclusions of law, and recommendations
20within that time frame to the Secretary after the entry of such
21order, the Secretary shall, within 30 calendar days thereafter,
22issue an order based upon the report of the hearing officer and
23the record of the proceedings or issue an order remanding the
24matter back to the hearing officer for additional proceedings
25in accordance with the order. If (i) a direct appeal is
26requested, (ii) the Disciplinary Board fails to issue its

 

 

10000SB1585sam001- 53 -LRB100 11277 SMS 24690 a

1findings of fact, conclusions of law, and recommendations
2within the 30-day mandate from the Secretary or the Secretary
3fails to order the Disciplinary Board to do so, and (iii) the
4Secretary fails to issue an order within 30 calendar days
5thereafter, then the hearing officer's report is deemed
6accepted and a final decision of the Secretary. Notwithstanding
7any other provision of this Section, if the Secretary, upon
8review, determines that substantial justice has not been done
9in the revocation, suspension, or refusal to issue or renew a
10license or other disciplinary action taken as the result of the
11entry of the hearing officer's report, the Secretary may order
12a rehearing by the same or other examiners. If the Secretary
13disagrees in any regard with the report of the Disciplinary
14Board or hearing officer, he or she may issue an order in
15contravention thereof. The Secretary shall provide a written
16explanation to the Disciplinary Board on any such deviation,
17and shall specify with particularity the reasons for such
18action in the final order.
19(Source: P.A. 95-703, eff. 12-31-07.)
 
20    (225 ILCS 95/22.11)  (from Ch. 111, par. 4622.11)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 22.11. Restoration of license. At any time after the
23successful completion of a term of probation, suspension, or
24revocation of any license, the Department may restore it to the
25licensee, unless after an investigation and a hearing, the

 

 

10000SB1585sam001- 54 -LRB100 11277 SMS 24690 a

1Department determines that restoration is not in the public
2interest. Where circumstances of suspension or revocation so
3indicate, the Department may require an examination of the
4licensee prior to restoring his or her license. No person whose
5license has been revoked as authorized in this Act may apply
6for restoration of that license until such time as provided for
7in the Civil Administrative Code of Illinois.
8    A license that has been suspended or revoked shall be
9considered nonrenewed for purposes of restoration and a person
10restoring his or her license from suspension or revocation must
11comply with the requirements for restoration of a nonrenewed
12license as set forth in Section 16 of this Act and any related
13rules adopted.
14(Source: P.A. 90-61, eff. 12-30-97.)
 
15    (225 ILCS 95/22.14)  (from Ch. 111, par. 4622.14)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 22.14. Administrative review; certification of
18record.
19    (a) All final administrative decisions of the Department
20are subject to judicial review pursuant to the provisions of
21the "Administrative Review Law", and all rules adopted pursuant
22thereto. The term "administrative decision" is defined as in
23Section 3-101 of the "Code of Civil Procedure".
24    (b) Proceedings for judicial review shall be commenced in
25the circuit court of the county in which the party applying for

 

 

10000SB1585sam001- 55 -LRB100 11277 SMS 24690 a

1review resides; but if the party is not a resident of this
2State, venue shall be in Sangamon County.
3    (c) The Department shall not be required to certify any
4record to the court, to file an answer in court, or to
5otherwise appear in any court in a judicial review proceeding
6unless and until the Department has received from the plaintiff
7payment of the costs of furnishing and certifying the record,
8which costs shall be determined by the Department. Exhibits
9shall be certified without cost. Failure on the part of the
10plaintiff to file a receipt in court is grounds for dismissal
11of the action. During the pendency and hearing of any and all
12judicial proceedings incident to the disciplinary action the
13sanctions imposed upon the accused by the Department because of
14acts or omissions related to the delivery of direct patient
15care as specified in the Department's final administrative
16decision, shall, as a matter of public policy, remain in full
17force and effect in order to protect the public pending final
18resolution of any of the proceedings.
19(Source: P.A. 86-596.)
 
20    (225 ILCS 95/22.17 new)
21    Sec. 22.17. Confidentiality. All information collected by
22the Department in the course of an examination or investigation
23of a licensee or applicant, including, but not limited to, any
24complaint against a licensee filed with the Department and
25information collected to investigate any such complaint, shall

 

 

10000SB1585sam001- 56 -LRB100 11277 SMS 24690 a

1be maintained for the confidential use of the Department and
2shall not be disclosed. The Department shall not disclose the
3information to anyone other than law enforcement officials,
4regulatory agencies that have an appropriate regulatory
5interest as determined by the Secretary, or a party presenting
6a lawful subpoena to the Department. Information and documents
7disclosed to a federal, State, county, or local law enforcement
8agency shall not be disclosed by the agency for any purpose to
9any other agency or person. A formal complaint filed against a
10licensee by the Department or any order issued by the
11Department against a licensee or applicant shall be a public
12record, except as otherwise prohibited by law.
 
13    (225 ILCS 95/23)  (from Ch. 111, par. 4623)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 23. Home rule. It is declared to be the public policy
16of this State, pursuant to paragraphs (h) and (i) of Section 6
17of Article VII of the Illinois Constitution of 1970, that any
18power or function set forth in this Act to be exercised by the
19State is an exclusive State power or function. Such power or
20function shall not be exercised concurrently, either directly
21or indirectly, by any unit of local government, including home
22rule units, except as otherwise provided in this Act.
23(Source: P.A. 85-981.)
 
24    Section 15. The Illinois Public Aid Code is amended by

 

 

10000SB1585sam001- 57 -LRB100 11277 SMS 24690 a

1changing Section 5-8 as follows:
 
2    (305 ILCS 5/5-8)  (from Ch. 23, par. 5-8)
3    Sec. 5-8. Practitioners. In supplying medical assistance,
4the Illinois Department may provide for the legally authorized
5services of (i) persons licensed under the Medical Practice Act
6of 1987, as amended, except as hereafter in this Section
7stated, whether under a general or limited license, (ii)
8persons licensed under the Nurse Practice Act as advanced
9practice nurses, regardless of whether or not the persons have
10written collaborative agreements, (iii) persons licensed or
11registered under other laws of this State to provide dental,
12medical, pharmaceutical, optometric, podiatric, or nursing
13services, or other remedial care recognized under State law,
14and (iv) persons licensed under other laws of this State as a
15clinical social worker, and (v) persons licensed under other
16laws of this State as physician assistants. The Department
17shall adopt rules, no later than 90 days after the effective
18date of this amendatory Act of the 99th General Assembly, for
19the legally authorized services of persons licensed under other
20laws of this State as a clinical social worker. The Department
21may not provide for legally authorized services of any
22physician who has been convicted of having performed an
23abortion procedure in a wilful and wanton manner on a woman who
24was not pregnant at the time such abortion procedure was
25performed. The utilization of the services of persons engaged

 

 

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1in the treatment or care of the sick, which persons are not
2required to be licensed or registered under the laws of this
3State, is not prohibited by this Section.
4(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17.)
 
5    Section 20. The Illinois Controlled Substances Act is
6amended by changing Sections 102 and 303.05 as follows:
 
7    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
8    Sec. 102. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Addict" means any person who habitually uses any drug,
11chemical, substance or dangerous drug other than alcohol so as
12to endanger the public morals, health, safety or welfare or who
13is so far addicted to the use of a dangerous drug or controlled
14substance other than alcohol as to have lost the power of self
15control with reference to his or her addiction.
16    (b) "Administer" means the direct application of a
17controlled substance, whether by injection, inhalation,
18ingestion, or any other means, to the body of a patient,
19research subject, or animal (as defined by the Humane
20Euthanasia in Animal Shelters Act) by:
21        (1) a practitioner (or, in his or her presence, by his
22    or her authorized agent),
23        (2) the patient or research subject pursuant to an
24    order, or

 

 

10000SB1585sam001- 59 -LRB100 11277 SMS 24690 a

1        (3) a euthanasia technician as defined by the Humane
2    Euthanasia in Animal Shelters Act.
3    (c) "Agent" means an authorized person who acts on behalf
4of or at the direction of a manufacturer, distributor,
5dispenser, prescriber, or practitioner. It does not include a
6common or contract carrier, public warehouseman or employee of
7the carrier or warehouseman.
8    (c-1) "Anabolic Steroids" means any drug or hormonal
9substance, chemically and pharmacologically related to
10testosterone (other than estrogens, progestins,
11corticosteroids, and dehydroepiandrosterone), and includes:
12    (i) 3[beta],17-dihydroxy-5a-androstane, 
13    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
14    (iii) 5[alpha]-androstan-3,17-dione, 
15    (iv) 1-androstenediol (3[beta], 
16        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
17    (v) 1-androstenediol (3[alpha], 
18        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
19    (vi) 4-androstenediol  
20        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
21    (vii) 5-androstenediol  
22        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
23    (viii) 1-androstenedione  
24        ([5alpha]-androst-1-en-3,17-dione), 
25    (ix) 4-androstenedione  
26        (androst-4-en-3,17-dione), 

 

 

10000SB1585sam001- 60 -LRB100 11277 SMS 24690 a

1    (x) 5-androstenedione  
2        (androst-5-en-3,17-dione), 
3    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
4        hydroxyandrost-4-en-3-one), 
5    (xii) boldenone (17[beta]-hydroxyandrost- 
6        1,4,-diene-3-one), 
7    (xiii) boldione (androsta-1,4- 
8        diene-3,17-dione), 
9    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
10        [beta]-hydroxyandrost-4-en-3-one), 
11    (xv) clostebol (4-chloro-17[beta]- 
12        hydroxyandrost-4-en-3-one), 
13    (xvi) dehydrochloromethyltestosterone (4-chloro- 
14        17[beta]-hydroxy-17[alpha]-methyl- 
15        androst-1,4-dien-3-one), 
16    (xvii) desoxymethyltestosterone 
17    (17[alpha]-methyl-5[alpha] 
18        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
19    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
20        '1-testosterone') (17[beta]-hydroxy- 
21        5[alpha]-androst-1-en-3-one), 
22    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
23        androstan-3-one), 
24    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
25        5[alpha]-androstan-3-one), 
26    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 

 

 

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1        hydroxyestr-4-ene), 
2    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
3        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
4    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
5        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
6    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
7        hydroxyandrostano[2,3-c]-furazan), 
8    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) 
9    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
10        androst-4-en-3-one), 
11    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
12        dihydroxy-estr-4-en-3-one), 
13    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
14        hydroxy-5-androstan-3-one), 
15    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
16        [5a]-androstan-3-one), 
17    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
18        hydroxyandrost-1,4-dien-3-one), 
19    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
20        dihydroxyandrost-5-ene), 
21    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
22        5[alpha]-androst-1-en-3-one), 
23    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
24        dihydroxy-5a-androstane), 
25    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
26        -5a-androstane), 

 

 

10000SB1585sam001- 62 -LRB100 11277 SMS 24690 a

1    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
2        dihydroxyandrost-4-ene), 
3    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
4        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
5    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
6        hydroxyestra-4,9(10)-dien-3-one), 
7    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
8        hydroxyestra-4,9-11-trien-3-one), 
9    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
10        hydroxyandrost-4-en-3-one), 
11    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
12        hydroxyestr-4-en-3-one), 
13    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
14        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
15        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
16        1-testosterone'), 
17    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
18    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
19        dihydroxyestr-4-ene), 
20    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
21        dihydroxyestr-4-ene), 
22    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
23        dihydroxyestr-5-ene), 
24    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
25        dihydroxyestr-5-ene), 
26    (xlvii) 19-nor-4,9(10)-androstadienedione  

 

 

10000SB1585sam001- 63 -LRB100 11277 SMS 24690 a

1        (estra-4,9(10)-diene-3,17-dione), 
2    (xlviii) 19-nor-4-androstenedione (estr-4- 
3        en-3,17-dione), 
4    (xlix) 19-nor-5-androstenedione (estr-5- 
5        en-3,17-dione), 
6    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
7        hydroxygon-4-en-3-one), 
8    (li) norclostebol (4-chloro-17[beta]- 
9        hydroxyestr-4-en-3-one), 
10    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
11        hydroxyestr-4-en-3-one), 
12    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
13        hydroxyestr-4-en-3-one), 
14    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
15        2-oxa-5[alpha]-androstan-3-one), 
16    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
17        dihydroxyandrost-4-en-3-one), 
18    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
19        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
20    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
21        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
22    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
23        (5[alpha]-androst-1-en-3-one), 
24    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
25        secoandrosta-1,4-dien-17-oic 
26        acid lactone), 

 

 

10000SB1585sam001- 64 -LRB100 11277 SMS 24690 a

1    (lx) testosterone (17[beta]-hydroxyandrost- 
2        4-en-3-one), 
3    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
4        diethyl-17[beta]-hydroxygon- 
5        4,9,11-trien-3-one), 
6    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
7        11-trien-3-one). 
8    Any person who is otherwise lawfully in possession of an
9anabolic steroid, or who otherwise lawfully manufactures,
10distributes, dispenses, delivers, or possesses with intent to
11deliver an anabolic steroid, which anabolic steroid is
12expressly intended for and lawfully allowed to be administered
13through implants to livestock or other nonhuman species, and
14which is approved by the Secretary of Health and Human Services
15for such administration, and which the person intends to
16administer or have administered through such implants, shall
17not be considered to be in unauthorized possession or to
18unlawfully manufacture, distribute, dispense, deliver, or
19possess with intent to deliver such anabolic steroid for
20purposes of this Act.
21    (d) "Administration" means the Drug Enforcement
22Administration, United States Department of Justice, or its
23successor agency.
24    (d-5) "Clinical Director, Prescription Monitoring Program"
25means a Department of Human Services administrative employee
26licensed to either prescribe or dispense controlled substances

 

 

10000SB1585sam001- 65 -LRB100 11277 SMS 24690 a

1who shall run the clinical aspects of the Department of Human
2Services Prescription Monitoring Program and its Prescription
3Information Library.
4    (d-10) "Compounding" means the preparation and mixing of
5components, excluding flavorings, (1) as the result of a
6prescriber's prescription drug order or initiative based on the
7prescriber-patient-pharmacist relationship in the course of
8professional practice or (2) for the purpose of, or incident
9to, research, teaching, or chemical analysis and not for sale
10or dispensing. "Compounding" includes the preparation of drugs
11or devices in anticipation of receiving prescription drug
12orders based on routine, regularly observed dispensing
13patterns. Commercially available products may be compounded
14for dispensing to individual patients only if both of the
15following conditions are met: (i) the commercial product is not
16reasonably available from normal distribution channels in a
17timely manner to meet the patient's needs and (ii) the
18prescribing practitioner has requested that the drug be
19compounded.
20    (e) "Control" means to add a drug or other substance, or
21immediate precursor, to a Schedule whether by transfer from
22another Schedule or otherwise.
23    (f) "Controlled Substance" means (i) a drug, substance,
24immediate precursor, or synthetic drug in the Schedules of
25Article II of this Act or (ii) a drug or other substance, or
26immediate precursor, designated as a controlled substance by

 

 

10000SB1585sam001- 66 -LRB100 11277 SMS 24690 a

1the Department through administrative rule. The term does not
2include distilled spirits, wine, malt beverages, or tobacco, as
3those terms are defined or used in the Liquor Control Act of
41934 and the Tobacco Products Tax Act of 1995.
5    (f-5) "Controlled substance analog" means a substance:
6        (1) the chemical structure of which is substantially
7    similar to the chemical structure of a controlled substance
8    in Schedule I or II;
9        (2) which has a stimulant, depressant, or
10    hallucinogenic effect on the central nervous system that is
11    substantially similar to or greater than the stimulant,
12    depressant, or hallucinogenic effect on the central
13    nervous system of a controlled substance in Schedule I or
14    II; or
15        (3) with respect to a particular person, which such
16    person represents or intends to have a stimulant,
17    depressant, or hallucinogenic effect on the central
18    nervous system that is substantially similar to or greater
19    than the stimulant, depressant, or hallucinogenic effect
20    on the central nervous system of a controlled substance in
21    Schedule I or II.
22    (g) "Counterfeit substance" means a controlled substance,
23which, or the container or labeling of which, without
24authorization bears the trademark, trade name, or other
25identifying mark, imprint, number or device, or any likeness
26thereof, of a manufacturer, distributor, or dispenser other

 

 

10000SB1585sam001- 67 -LRB100 11277 SMS 24690 a

1than the person who in fact manufactured, distributed, or
2dispensed the substance.
3    (h) "Deliver" or "delivery" means the actual, constructive
4or attempted transfer of possession of a controlled substance,
5with or without consideration, whether or not there is an
6agency relationship.
7    (i) "Department" means the Illinois Department of Human
8Services (as successor to the Department of Alcoholism and
9Substance Abuse) or its successor agency.
10    (j) (Blank).
11    (k) "Department of Corrections" means the Department of
12Corrections of the State of Illinois or its successor agency.
13    (l) "Department of Financial and Professional Regulation"
14means the Department of Financial and Professional Regulation
15of the State of Illinois or its successor agency.
16    (m) "Depressant" means any drug that (i) causes an overall
17depression of central nervous system functions, (ii) causes
18impaired consciousness and awareness, and (iii) can be
19habit-forming or lead to a substance abuse problem, including
20but not limited to alcohol, cannabis and its active principles
21and their analogs, benzodiazepines and their analogs,
22barbiturates and their analogs, opioids (natural and
23synthetic) and their analogs, and chloral hydrate and similar
24sedative hypnotics.
25    (n) (Blank).
26    (o) "Director" means the Director of the Illinois State

 

 

10000SB1585sam001- 68 -LRB100 11277 SMS 24690 a

1Police or his or her designated agents.
2    (p) "Dispense" means to deliver a controlled substance to
3an ultimate user or research subject by or pursuant to the
4lawful order of a prescriber, including the prescribing,
5administering, packaging, labeling, or compounding necessary
6to prepare the substance for that delivery.
7    (q) "Dispenser" means a practitioner who dispenses.
8    (r) "Distribute" means to deliver, other than by
9administering or dispensing, a controlled substance.
10    (s) "Distributor" means a person who distributes.
11    (t) "Drug" means (1) substances recognized as drugs in the
12official United States Pharmacopoeia, Official Homeopathic
13Pharmacopoeia of the United States, or official National
14Formulary, or any supplement to any of them; (2) substances
15intended for use in diagnosis, cure, mitigation, treatment, or
16prevention of disease in man or animals; (3) substances (other
17than food) intended to affect the structure of any function of
18the body of man or animals and (4) substances intended for use
19as a component of any article specified in clause (1), (2), or
20(3) of this subsection. It does not include devices or their
21components, parts, or accessories.
22    (t-3) "Electronic health record" or "EHR" means an
23electronic record of health-related information on an
24individual that is created, gathered, managed, and consulted by
25authorized health care clinicians and staff.
26    (t-5) "Euthanasia agency" means an entity certified by the

 

 

10000SB1585sam001- 69 -LRB100 11277 SMS 24690 a

1Department of Financial and Professional Regulation for the
2purpose of animal euthanasia that holds an animal control
3facility license or animal shelter license under the Animal
4Welfare Act. A euthanasia agency is authorized to purchase,
5store, possess, and utilize Schedule II nonnarcotic and
6Schedule III nonnarcotic drugs for the sole purpose of animal
7euthanasia.
8    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
9substances (nonnarcotic controlled substances) that are used
10by a euthanasia agency for the purpose of animal euthanasia.
11    (u) "Good faith" means the prescribing or dispensing of a
12controlled substance by a practitioner in the regular course of
13professional treatment to or for any person who is under his or
14her treatment for a pathology or condition other than that
15individual's physical or psychological dependence upon or
16addiction to a controlled substance, except as provided herein:
17and application of the term to a pharmacist shall mean the
18dispensing of a controlled substance pursuant to the
19prescriber's order which in the professional judgment of the
20pharmacist is lawful. The pharmacist shall be guided by
21accepted professional standards including, but not limited to
22the following, in making the judgment:
23        (1) lack of consistency of prescriber-patient
24    relationship,
25        (2) frequency of prescriptions for same drug by one
26    prescriber for large numbers of patients,

 

 

10000SB1585sam001- 70 -LRB100 11277 SMS 24690 a

1        (3) quantities beyond those normally prescribed,
2        (4) unusual dosages (recognizing that there may be
3    clinical circumstances where more or less than the usual
4    dose may be used legitimately),
5        (5) unusual geographic distances between patient,
6    pharmacist and prescriber,
7        (6) consistent prescribing of habit-forming drugs.
8    (u-0.5) "Hallucinogen" means a drug that causes markedly
9altered sensory perception leading to hallucinations of any
10type.
11    (u-1) "Home infusion services" means services provided by a
12pharmacy in compounding solutions for direct administration to
13a patient in a private residence, long-term care facility, or
14hospice setting by means of parenteral, intravenous,
15intramuscular, subcutaneous, or intraspinal infusion.
16    (u-5) "Illinois State Police" means the State Police of the
17State of Illinois, or its successor agency.
18    (v) "Immediate precursor" means a substance:
19        (1) which the Department has found to be and by rule
20    designated as being a principal compound used, or produced
21    primarily for use, in the manufacture of a controlled
22    substance;
23        (2) which is an immediate chemical intermediary used or
24    likely to be used in the manufacture of such controlled
25    substance; and
26        (3) the control of which is necessary to prevent,

 

 

10000SB1585sam001- 71 -LRB100 11277 SMS 24690 a

1    curtail or limit the manufacture of such controlled
2    substance.
3    (w) "Instructional activities" means the acts of teaching,
4educating or instructing by practitioners using controlled
5substances within educational facilities approved by the State
6Board of Education or its successor agency.
7    (x) "Local authorities" means a duly organized State,
8County or Municipal peace unit or police force.
9    (y) "Look-alike substance" means a substance, other than a
10controlled substance which (1) by overall dosage unit
11appearance, including shape, color, size, markings or lack
12thereof, taste, consistency, or any other identifying physical
13characteristic of the substance, would lead a reasonable person
14to believe that the substance is a controlled substance, or (2)
15is expressly or impliedly represented to be a controlled
16substance or is distributed under circumstances which would
17lead a reasonable person to believe that the substance is a
18controlled substance. For the purpose of determining whether
19the representations made or the circumstances of the
20distribution would lead a reasonable person to believe the
21substance to be a controlled substance under this clause (2) of
22subsection (y), the court or other authority may consider the
23following factors in addition to any other factor that may be
24relevant:
25        (a) statements made by the owner or person in control
26    of the substance concerning its nature, use or effect;

 

 

10000SB1585sam001- 72 -LRB100 11277 SMS 24690 a

1        (b) statements made to the buyer or recipient that the
2    substance may be resold for profit;
3        (c) whether the substance is packaged in a manner
4    normally used for the illegal distribution of controlled
5    substances;
6        (d) whether the distribution or attempted distribution
7    included an exchange of or demand for money or other
8    property as consideration, and whether the amount of the
9    consideration was substantially greater than the
10    reasonable retail market value of the substance.
11    Clause (1) of this subsection (y) shall not apply to a
12noncontrolled substance in its finished dosage form that was
13initially introduced into commerce prior to the initial
14introduction into commerce of a controlled substance in its
15finished dosage form which it may substantially resemble.
16    Nothing in this subsection (y) prohibits the dispensing or
17distributing of noncontrolled substances by persons authorized
18to dispense and distribute controlled substances under this
19Act, provided that such action would be deemed to be carried
20out in good faith under subsection (u) if the substances
21involved were controlled substances.
22    Nothing in this subsection (y) or in this Act prohibits the
23manufacture, preparation, propagation, compounding,
24processing, packaging, advertising or distribution of a drug or
25drugs by any person registered pursuant to Section 510 of the
26Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).

 

 

10000SB1585sam001- 73 -LRB100 11277 SMS 24690 a

1    (y-1) "Mail-order pharmacy" means a pharmacy that is
2located in a state of the United States that delivers,
3dispenses or distributes, through the United States Postal
4Service or other common carrier, to Illinois residents, any
5substance which requires a prescription.
6    (z) "Manufacture" means the production, preparation,
7propagation, compounding, conversion or processing of a
8controlled substance other than methamphetamine, either
9directly or indirectly, by extraction from substances of
10natural origin, or independently by means of chemical
11synthesis, or by a combination of extraction and chemical
12synthesis, and includes any packaging or repackaging of the
13substance or labeling of its container, except that this term
14does not include:
15        (1) by an ultimate user, the preparation or compounding
16    of a controlled substance for his or her own use; or
17        (2) by a practitioner, or his or her authorized agent
18    under his or her supervision, the preparation,
19    compounding, packaging, or labeling of a controlled
20    substance:
21            (a) as an incident to his or her administering or
22        dispensing of a controlled substance in the course of
23        his or her professional practice; or
24            (b) as an incident to lawful research, teaching or
25        chemical analysis and not for sale.
26    (z-1) (Blank).

 

 

10000SB1585sam001- 74 -LRB100 11277 SMS 24690 a

1    (z-5) "Medication shopping" means the conduct prohibited
2under subsection (a) of Section 314.5 of this Act.
3    (z-10) "Mid-level practitioner" means (i) a physician
4assistant who has been delegated authority to prescribe through
5a written delegation of authority by a physician licensed to
6practice medicine in all of its branches, in accordance with
7Section 7.5 of the Physician Assistant Practice Act of 1987,
8(ii) an advanced practice nurse who has been delegated
9authority to prescribe through a written delegation of
10authority by a physician licensed to practice medicine in all
11of its branches or by a podiatric physician, in accordance with
12Section 65-40 of the Nurse Practice Act, (iii) an advanced
13practice nurse certified as a nurse practitioner, nurse
14midwife, or clinical nurse specialist who has been granted
15authority to prescribe by a hospital affiliate in accordance
16with Section 65-45 of the Nurse Practice Act, (iv) an animal
17euthanasia agency, or (v) a prescribing psychologist.
18    (aa) "Narcotic drug" means any of the following, whether
19produced directly or indirectly by extraction from substances
20of vegetable origin, or independently by means of chemical
21synthesis, or by a combination of extraction and chemical
22synthesis:
23        (1) opium, opiates, derivatives of opium and opiates,
24    including their isomers, esters, ethers, salts, and salts
25    of isomers, esters, and ethers, whenever the existence of
26    such isomers, esters, ethers, and salts is possible within

 

 

10000SB1585sam001- 75 -LRB100 11277 SMS 24690 a

1    the specific chemical designation; however the term
2    "narcotic drug" does not include the isoquinoline
3    alkaloids of opium;
4        (2) (blank);
5        (3) opium poppy and poppy straw;
6        (4) coca leaves, except coca leaves and extracts of
7    coca leaves from which substantially all of the cocaine and
8    ecgonine, and their isomers, derivatives and salts, have
9    been removed;
10        (5) cocaine, its salts, optical and geometric isomers,
11    and salts of isomers;
12        (6) ecgonine, its derivatives, their salts, isomers,
13    and salts of isomers;
14        (7) any compound, mixture, or preparation which
15    contains any quantity of any of the substances referred to
16    in subparagraphs (1) through (6).
17    (bb) "Nurse" means a registered nurse licensed under the
18Nurse Practice Act.
19    (cc) (Blank).
20    (dd) "Opiate" means any substance having an addiction
21forming or addiction sustaining liability similar to morphine
22or being capable of conversion into a drug having addiction
23forming or addiction sustaining liability.
24    (ee) "Opium poppy" means the plant of the species Papaver
25somniferum L., except its seeds.
26    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or

 

 

10000SB1585sam001- 76 -LRB100 11277 SMS 24690 a

1solution or other liquid form of medication intended for
2administration by mouth, but the term does not include a form
3of medication intended for buccal, sublingual, or transmucosal
4administration.
5    (ff) "Parole and Pardon Board" means the Parole and Pardon
6Board of the State of Illinois or its successor agency.
7    (gg) "Person" means any individual, corporation,
8mail-order pharmacy, government or governmental subdivision or
9agency, business trust, estate, trust, partnership or
10association, or any other entity.
11    (hh) "Pharmacist" means any person who holds a license or
12certificate of registration as a registered pharmacist, a local
13registered pharmacist or a registered assistant pharmacist
14under the Pharmacy Practice Act.
15    (ii) "Pharmacy" means any store, ship or other place in
16which pharmacy is authorized to be practiced under the Pharmacy
17Practice Act.
18    (ii-5) "Pharmacy shopping" means the conduct prohibited
19under subsection (b) of Section 314.5 of this Act.
20    (ii-10) "Physician" (except when the context otherwise
21requires) means a person licensed to practice medicine in all
22of its branches.
23    (jj) "Poppy straw" means all parts, except the seeds, of
24the opium poppy, after mowing.
25    (kk) "Practitioner" means a physician licensed to practice
26medicine in all its branches, dentist, optometrist, podiatric

 

 

10000SB1585sam001- 77 -LRB100 11277 SMS 24690 a

1physician, veterinarian, scientific investigator, pharmacist,
2physician assistant, advanced practice nurse, licensed
3practical nurse, registered nurse, hospital, laboratory, or
4pharmacy, or other person licensed, registered, or otherwise
5lawfully permitted by the United States or this State to
6distribute, dispense, conduct research with respect to,
7administer or use in teaching or chemical analysis, a
8controlled substance in the course of professional practice or
9research.
10    (ll) "Pre-printed prescription" means a written
11prescription upon which the designated drug has been indicated
12prior to the time of issuance; the term does not mean a written
13prescription that is individually generated by machine or
14computer in the prescriber's office.
15    (mm) "Prescriber" means a physician licensed to practice
16medicine in all its branches, dentist, optometrist,
17prescribing psychologist licensed under Section 4.2 of the
18Clinical Psychologist Licensing Act with prescriptive
19authority delegated under Section 4.3 of the Clinical
20Psychologist Licensing Act, podiatric physician, or
21veterinarian who issues a prescription, a physician assistant
22who issues a prescription for a controlled substance in
23accordance with Section 303.05, a written delegation, and a
24written collaborative supervision agreement required under
25Section 7.5 of the Physician Assistant Practice Act of 1987, an
26advanced practice nurse with prescriptive authority delegated

 

 

10000SB1585sam001- 78 -LRB100 11277 SMS 24690 a

1under Section 65-40 of the Nurse Practice Act and in accordance
2with Section 303.05, a written delegation, and a written
3collaborative agreement under Section 65-35 of the Nurse
4Practice Act, or an advanced practice nurse certified as a
5nurse practitioner, nurse midwife, or clinical nurse
6specialist who has been granted authority to prescribe by a
7hospital affiliate in accordance with Section 65-45 of the
8Nurse Practice Act and in accordance with Section 303.05.
9    (nn) "Prescription" means a written, facsimile, or oral
10order, or an electronic order that complies with applicable
11federal requirements, of a physician licensed to practice
12medicine in all its branches, dentist, podiatric physician or
13veterinarian for any controlled substance, of an optometrist in
14accordance with Section 15.1 of the Illinois Optometric
15Practice Act of 1987, of a prescribing psychologist licensed
16under Section 4.2 of the Clinical Psychologist Licensing Act
17with prescriptive authority delegated under Section 4.3 of the
18Clinical Psychologist Licensing Act, of a physician assistant
19for a controlled substance in accordance with Section 303.05, a
20written delegation, and a written collaborative supervision
21agreement required under Section 7.5 of the Physician Assistant
22Practice Act of 1987, of an advanced practice nurse with
23prescriptive authority delegated under Section 65-40 of the
24Nurse Practice Act who issues a prescription for a controlled
25substance in accordance with Section 303.05, a written
26delegation, and a written collaborative agreement under

 

 

10000SB1585sam001- 79 -LRB100 11277 SMS 24690 a

1Section 65-35 of the Nurse Practice Act, or of an advanced
2practice nurse certified as a nurse practitioner, nurse
3midwife, or clinical nurse specialist who has been granted
4authority to prescribe by a hospital affiliate in accordance
5with Section 65-45 of the Nurse Practice Act and in accordance
6with Section 303.05 when required by law.
7    (nn-5) "Prescription Information Library" (PIL) means an
8electronic library that contains reported controlled substance
9data.
10    (nn-10) "Prescription Monitoring Program" (PMP) means the
11entity that collects, tracks, and stores reported data on
12controlled substances and select drugs pursuant to Section 316.
13    (oo) "Production" or "produce" means manufacture,
14planting, cultivating, growing, or harvesting of a controlled
15substance other than methamphetamine.
16    (pp) "Registrant" means every person who is required to
17register under Section 302 of this Act.
18    (qq) "Registry number" means the number assigned to each
19person authorized to handle controlled substances under the
20laws of the United States and of this State.
21    (qq-5) "Secretary" means, as the context requires, either
22the Secretary of the Department or the Secretary of the
23Department of Financial and Professional Regulation, and the
24Secretary's designated agents.
25    (rr) "State" includes the State of Illinois and any state,
26district, commonwealth, territory, insular possession thereof,

 

 

10000SB1585sam001- 80 -LRB100 11277 SMS 24690 a

1and any area subject to the legal authority of the United
2States of America.
3    (rr-5) "Stimulant" means any drug that (i) causes an
4overall excitation of central nervous system functions, (ii)
5causes impaired consciousness and awareness, and (iii) can be
6habit-forming or lead to a substance abuse problem, including
7but not limited to amphetamines and their analogs,
8methylphenidate and its analogs, cocaine, and phencyclidine
9and its analogs.
10    (ss) "Ultimate user" means a person who lawfully possesses
11a controlled substance for his or her own use or for the use of
12a member of his or her household or for administering to an
13animal owned by him or her or by a member of his or her
14household.
15(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
1698-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.
177-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,
18eff. 9-9-15; 99-642, eff. 7-28-16.)
 
19    (720 ILCS 570/303.05)
20    Sec. 303.05. Mid-level practitioner registration.
21    (a) The Department of Financial and Professional
22Regulation shall register licensed physician assistants,
23licensed advanced practice nurses, and prescribing
24psychologists licensed under Section 4.2 of the Clinical
25Psychologist Licensing Act to prescribe and dispense

 

 

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1controlled substances under Section 303 and euthanasia
2agencies to purchase, store, or administer animal euthanasia
3drugs under the following circumstances:
4        (1) with respect to physician assistants,
5            (A) the physician assistant has been delegated
6        written authority to prescribe any Schedule III
7        through V controlled substances by a physician
8        licensed to practice medicine in all its branches in
9        accordance with Section 7.5 of the Physician Assistant
10        Practice Act of 1987; and the physician assistant has
11        completed the appropriate application forms and has
12        paid the required fees as set by rule; or
13            (B) the physician assistant has been delegated
14        authority by a collaborating supervising physician
15        licensed to practice medicine in all its branches to
16        prescribe or dispense Schedule II controlled
17        substances through a written delegation of authority
18        and under the following conditions:
19                (i) Specific Schedule II controlled substances
20            by oral dosage or topical or transdermal
21            application may be delegated, provided that the
22            delegated Schedule II controlled substances are
23            routinely prescribed by the collaborating
24            supervising physician. This delegation must
25            identify the specific Schedule II controlled
26            substances by either brand name or generic name.

 

 

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1            Schedule II controlled substances to be delivered
2            by injection or other route of administration may
3            not be delegated;
4                (ii) any delegation must be of controlled
5            substances prescribed by the collaborating
6            supervising physician;
7                (iii) all prescriptions must be limited to no
8            more than a 30-day supply, with any continuation
9            authorized only after prior approval of the
10            collaborating supervising physician;
11                (iv) the physician assistant must discuss the
12            condition of any patients for whom a controlled
13            substance is prescribed monthly with the
14            delegating physician;
15                (v) the physician assistant must have
16            completed the appropriate application forms and
17            paid the required fees as set by rule;
18                (vi) the physician assistant must provide
19            evidence of satisfactory completion of 45 contact
20            hours in pharmacology from any physician assistant
21            program accredited by the Accreditation Review
22            Commission on Education for the Physician
23            Assistant (ARC-PA), or its predecessor agency, for
24            any new license issued with Schedule II authority
25            after the effective date of this amendatory Act of
26            the 97th General Assembly; and

 

 

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1                (vii) the physician assistant must annually
2            complete at least 5 hours of continuing education
3            in pharmacology;
4        (2) with respect to advanced practice nurses,
5            (A) the advanced practice nurse has been delegated
6        authority to prescribe any Schedule III through V
7        controlled substances by a collaborating physician
8        licensed to practice medicine in all its branches or a
9        collaborating podiatric physician in accordance with
10        Section 65-40 of the Nurse Practice Act. The advanced
11        practice nurse has completed the appropriate
12        application forms and has paid the required fees as set
13        by rule; or
14            (B) the advanced practice nurse has been delegated
15        authority by a collaborating physician licensed to
16        practice medicine in all its branches or collaborating
17        podiatric physician to prescribe or dispense Schedule
18        II controlled substances through a written delegation
19        of authority and under the following conditions:
20                (i) specific Schedule II controlled substances
21            by oral dosage or topical or transdermal
22            application may be delegated, provided that the
23            delegated Schedule II controlled substances are
24            routinely prescribed by the collaborating
25            physician or podiatric physician. This delegation
26            must identify the specific Schedule II controlled

 

 

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1            substances by either brand name or generic name.
2            Schedule II controlled substances to be delivered
3            by injection or other route of administration may
4            not be delegated;
5                (ii) any delegation must be of controlled
6            substances prescribed by the collaborating
7            physician or podiatric physician;
8                (iii) all prescriptions must be limited to no
9            more than a 30-day supply, with any continuation
10            authorized only after prior approval of the
11            collaborating physician or podiatric physician;
12                (iv) the advanced practice nurse must discuss
13            the condition of any patients for whom a controlled
14            substance is prescribed monthly with the
15            delegating physician or podiatric physician or in
16            the course of review as required by Section 65-40
17            of the Nurse Practice Act;
18                (v) the advanced practice nurse must have
19            completed the appropriate application forms and
20            paid the required fees as set by rule;
21                (vi) the advanced practice nurse must provide
22            evidence of satisfactory completion of at least 45
23            graduate contact hours in pharmacology for any new
24            license issued with Schedule II authority after
25            the effective date of this amendatory Act of the
26            97th General Assembly; and

 

 

10000SB1585sam001- 85 -LRB100 11277 SMS 24690 a

1                (vii) the advanced practice nurse must
2            annually complete 5 hours of continuing education
3            in pharmacology;
4        (2.5) with respect to advanced practice nurses
5    certified as nurse practitioners, nurse midwives, or
6    clinical nurse specialists practicing in a hospital
7    affiliate,
8            (A) the advanced practice nurse certified as a
9        nurse practitioner, nurse midwife, or clinical nurse
10        specialist has been granted authority to prescribe any
11        Schedule II through V controlled substances by the
12        hospital affiliate upon the recommendation of the
13        appropriate physician committee of the hospital
14        affiliate in accordance with Section 65-45 of the Nurse
15        Practice Act, has completed the appropriate
16        application forms, and has paid the required fees as
17        set by rule; and
18            (B) an advanced practice nurse certified as a nurse
19        practitioner, nurse midwife, or clinical nurse
20        specialist has been granted authority to prescribe any
21        Schedule II controlled substances by the hospital
22        affiliate upon the recommendation of the appropriate
23        physician committee of the hospital affiliate, then
24        the following conditions must be met:
25                (i) specific Schedule II controlled substances
26            by oral dosage or topical or transdermal

 

 

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1            application may be designated, provided that the
2            designated Schedule II controlled substances are
3            routinely prescribed by advanced practice nurses
4            in their area of certification; this grant of
5            authority must identify the specific Schedule II
6            controlled substances by either brand name or
7            generic name; authority to prescribe or dispense
8            Schedule II controlled substances to be delivered
9            by injection or other route of administration may
10            not be granted;
11                (ii) any grant of authority must be controlled
12            substances limited to the practice of the advanced
13            practice nurse;
14                (iii) any prescription must be limited to no
15            more than a 30-day supply;
16                (iv) the advanced practice nurse must discuss
17            the condition of any patients for whom a controlled
18            substance is prescribed monthly with the
19            appropriate physician committee of the hospital
20            affiliate or its physician designee; and
21                (v) the advanced practice nurse must meet the
22            education requirements of this Section;
23        (3) with respect to animal euthanasia agencies, the
24    euthanasia agency has obtained a license from the
25    Department of Financial and Professional Regulation and
26    obtained a registration number from the Department; or

 

 

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1        (4) with respect to prescribing psychologists, the
2    prescribing psychologist has been delegated authority to
3    prescribe any nonnarcotic Schedule III through V
4    controlled substances by a collaborating physician
5    licensed to practice medicine in all its branches in
6    accordance with Section 4.3 of the Clinical Psychologist
7    Licensing Act, and the prescribing psychologist has
8    completed the appropriate application forms and has paid
9    the required fees as set by rule.
10    (b) The mid-level practitioner shall only be licensed to
11prescribe those schedules of controlled substances for which a
12licensed physician or licensed podiatric physician has
13delegated prescriptive authority, except that an animal
14euthanasia agency does not have any prescriptive authority. A
15physician assistant and an advanced practice nurse are
16prohibited from prescribing medications and controlled
17substances not set forth in the required written delegation of
18authority.
19    (c) Upon completion of all registration requirements,
20physician assistants, advanced practice nurses, and animal
21euthanasia agencies may be issued a mid-level practitioner
22controlled substances license for Illinois.
23    (d) A collaborating physician or podiatric physician may,
24but is not required to, delegate prescriptive authority to an
25advanced practice nurse as part of a written collaborative
26agreement, and the delegation of prescriptive authority shall

 

 

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1conform to the requirements of Section 65-40 of the Nurse
2Practice Act.
3    (e) A collaborating supervising physician may, but is not
4required to, delegate prescriptive authority to a physician
5assistant as part of a written collaborative supervision
6agreement, and the delegation of prescriptive authority shall
7conform to the requirements of Section 7.5 of the Physician
8Assistant Practice Act of 1987.
9    (f) Nothing in this Section shall be construed to prohibit
10generic substitution.
11(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
1299-173, eff. 7-29-15.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".