Sen. Iris Y. Martinez

Filed: 4/24/2017

 

 


 

 


 
10000SB1585sam002LRB100 11277 SMS 25145 a

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 Acts repealed on January 1, 2018.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8Acts are repealed on January 1, 2018: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.

 

 

10000SB1585sam002- 2 -LRB100 11277 SMS 25145 a

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 Act repealed on January 1, 2028.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15Act is repealed on January 1, 2028: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20    (Section scheduled to be repealed on December 31, 2017)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.

 

 

10000SB1585sam002- 3 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 4 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 5 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 6 -LRB100 11277 SMS 25145 a

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, 10.5, 12, 13, 14.1, 16, 21, 22.2, 22.6, 22.7, 22.11, 22.14,

 

 

10000SB1585sam002- 7 -LRB100 11277 SMS 25145 a

1and 23 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)

 

 

10000SB1585sam002- 8 -LRB100 11277 SMS 25145 a

1    Sec. 2. Short title. This Act Article shall be known and
2may be cited as the "Physician Assistant Practice Act of 1987".
3(Source: P.A. 85-981.)
 
4    (225 ILCS 95/3)  (from Ch. 111, par. 4603)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 3. Illinois Administrative Procedure Act. The
7Illinois Administrative Procedure Act is hereby expressly
8adopted and incorporated herein as if all of the provisions of
9that Act were included in this Act, except that the provision
10of subsection (d) of Section 10-65 of the Illinois
11Administrative Procedure Act that provides that at hearings the
12licensee has the right to show compliance with all lawful
13requirements for retention, continuation or renewal of the
14license is specifically excluded. For the purposes of this Act
15the notice required under Section 10-25 of the Illinois
16Administrative Procedure Act is deemed sufficient when
17personally served, mailed to the address of record of the
18applicant or licensee, or emailed to the email address of
19record of the applicant or licensee last known address of a
20party. The Secretary may adopt promulgate rules for the
21administration and enforcement of this Act and may prescribe
22forms to be issued in connection with this Act.
23(Source: P.A. 95-703, eff. 12-31-07.)
 
24    (225 ILCS 95/4)  (from Ch. 111, par. 4604)

 

 

10000SB1585sam002- 9 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 10 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 11 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 12 -LRB100 11277 SMS 25145 a

1    6. "Physician" means, for purposes of this Act, a person
2licensed to practice medicine in all of its branches under the
3Medical Practice Act of 1987.
4    7. "Collaborating physician" means the physician who,
5within his or her specialty and expertise, may delegate a
6variety of tasks and procedures to the physician assistant.
7Such tasks and procedures shall be delegated in accordance with
8a written collaborative agreement. "Supervising Physician"
9means, for the purposes of this Act, the primary supervising
10physician of a physician assistant, who, within his specialty
11and expertise may delegate a variety of tasks and procedures to
12the physician assistant. Such tasks and procedures shall be
13delegated in accordance with a written supervision agreement.
14The supervising physician maintains the final responsibility
15for the care of the patient and the performance of the
16physician assistant.
17    8. (Blank). "Alternate supervising physician" means, for
18the purpose of this Act, any physician designated by the
19supervising physician to provide supervision in the event that
20he or she is unable to provide that supervision. The Department
21may further define "alternate supervising physician" by rule.
22    The alternate supervising physicians shall maintain all
23the same responsibilities as the supervising physician.
24Nothing in this Act shall be construed as relieving any
25physician of the professional or legal responsibility for the
26care and treatment of persons attended by him or by physician

 

 

10000SB1585sam002- 13 -LRB100 11277 SMS 25145 a

1assistants under his supervision. Nothing in this Act shall be
2construed as to limit the reasonable number of alternate
3supervising physicians, provided they are designated by the
4supervising physician.
5    9. "Address of record" means the designated address
6recorded by the Department in the applicant's or licensee's
7application file or license file maintained by the Department's
8licensure maintenance unit. It is the duty of the applicant or
9licensee to inform the Department of any change of address, and
10such changes must be made either through the Department's
11website or by contacting the Department's licensure
12maintenance unit.
13    10. "Hospital affiliate" means a corporation, partnership,
14joint venture, limited liability company, or similar
15organization, other than a hospital, that is devoted primarily
16to the provision, management, or support of health care
17services and that directly or indirectly controls, is
18controlled by, or is under common control of the hospital. For
19the purposes of this definition, "control" means having at
20least an equal or a majority ownership or membership interest.
21A hospital affiliate shall be 100% owned or controlled by any
22combination of hospitals, their parent corporations, or
23physicians licensed to practice medicine in all its branches in
24Illinois. "Hospital affiliate" does not include a health
25maintenance organization regulated under the Health
26Maintenance Organization Act.

 

 

10000SB1585sam002- 14 -LRB100 11277 SMS 25145 a

1    11. "Email address of record" means the designated email
2address recorded by the Department in the applicant's
3application file or the licensee's license file, as maintained
4by the Department's licensure maintenance unit.
5(Source: P.A. 99-330, eff. 1-1-16.)
 
6    (225 ILCS 95/4.5 new)
7    Sec. 4.5. Address of record; email address of record. All
8applicants and licensees shall:
9        (1) provide a valid address and email address to the
10    Department, which shall serve as the address of record and
11    email address of record, respectively, at the time of
12    application for licensure or renewal of a license; and
13        (2) inform the Department of any change of address of
14    record or email address of record within 14 days after such
15    change either through the Department's website or by
16    contacting the Department's licensure maintenance unit.
 
17    (225 ILCS 95/5)  (from Ch. 111, par. 4605)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 5. Applicability. This Act does not prohibit:
20        (1) any 1. Any person licensed in this State under any
21    other Act from engaging in the practice for which he is
22    licensed;
23        (2) the 2. The practice as a physician assistant by a
24    person who is employed by the United States government or

 

 

10000SB1585sam002- 15 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 16 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 17 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 18 -LRB100 11277 SMS 25145 a

1assistant shall be made to his or her employer if the payor
2would have made payment had the services been provided by a
3physician licensed to provide medicine in all of its branches.
 
4    (225 ILCS 95/6)  (from Ch. 111, par. 4606)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 6. Physician assistant title Title; advertising
7billing.
8    (a) No physician assistant shall use the title of doctor,
9physician, or associate with his or her name or any other term
10that would indicate to other persons that he or she is
11qualified to engage in the general practice of medicine.
12    (b) A physician assistant shall verbally identify himself
13or herself as a physician assistant, including specialty
14certification, to each patient.
15    (c) Nothing in this Act shall be construed to relieve a
16physician assistant of the professional or legal
17responsibility for the care and treatment of persons attended
18by him or her.
19    (b) A licensee shall include in every advertisement for
20services regulated under this Act his or her title as it
21appears on the license or the initials authorized under this
22Act.
23    (c) A physician assistant shall not be allowed to bill
24patients or in any way to charge for services. Nothing in this
25Act, however, shall be so construed as to prevent the employer

 

 

10000SB1585sam002- 19 -LRB100 11277 SMS 25145 a

1of a physician assistant from charging for services rendered by
2the physician assistant. Payment for services rendered by a
3physician assistant shall be made to his or her employer if the
4payor would have made payment had the services been provided by
5a physician licensed to practice medicine in all its branches.
6    (d) The collaborating supervising physician shall file
7with the Department notice of employment, discharge, or
8collaboration with supervisory control of a physician
9assistant at the time of employment, discharge, or assumption
10of collaboration with supervisory control of a physician
11assistant.
12(Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
1390-655, eff. 7-30-98; 91-310, eff. 1-1-00.)
 
14    (225 ILCS 95/7)  (from Ch. 111, par. 4607)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 7. Collaboration Supervision requirements.
17    (a) A collaborating supervising physician shall determine
18the number of physician assistants to collaborate with, under
19his or her supervision provided the physician is able to
20provide adequate collaboration supervision as outlined in the
21written collaborative supervision agreement required under
22Section 7.5 of this Act and consideration is given to the
23nature of the physician's practice, complexity of the patient
24population, and the experience of each supervised physician
25assistant. A collaborating physician may collaborate with a

 

 

10000SB1585sam002- 20 -LRB100 11277 SMS 25145 a

1maximum of 5 full-time equivalent physician assistants. As used
2in this Section, "full-time equivalent" means the equivalent of
340 hours per week per individual. Physicians and physician
4assistants who work in a hospital, hospital affiliate, or
5ambulatory surgical treatment center as defined by Section 7.7
6of this Act are exempt from the collaborative ratio restriction
7requirements of this Section. A supervising physician may
8supervise a maximum of 5 full-time equivalent physician
9assistants; provided, however, this number of physician
10assistants shall be reduced by the number of collaborative
11agreements the supervising physician maintains. A physician
12assistant shall be able to hold more than one professional
13position. A collaborating supervising physician shall file a
14notice of collaboration supervision of each physician
15assistant according to the rules of the Department. It is the
16responsibility of the supervising physician to maintain
17documentation each time he or she has designated an alternative
18supervising physician. This documentation shall include the
19date alternate supervisory control began, the date alternate
20supervisory control ended, and any other changes. A supervising
21physician shall provide a copy of this documentation to the
22Department, upon request.
23    Physician assistants shall collaborate be supervised only
24with by physicians as defined in this Act who are engaged in
25clinical practice, or in clinical practice in public health or
26other community health facilities.

 

 

10000SB1585sam002- 21 -LRB100 11277 SMS 25145 a

1    Nothing in this Act shall be construed to limit the
2delegation of tasks or duties by a physician to a nurse or
3other appropriately trained personnel.
4    Nothing in this Act shall be construed to prohibit the
5employment of physician assistants by a hospital, nursing home
6or other health care facility where such physician assistants
7function under a collaborating the supervision of a supervising
8physician.
9    A physician assistant may be employed by a practice group
10or other entity employing multiple physicians at one or more
11locations. In that case, one of the physicians practicing at a
12location shall be designated the collaborating supervising
13physician. The other physicians with that practice group or
14other entity who practice in the same general type of practice
15or specialty as the collaborating supervising physician may
16collaborate with supervise the physician assistant with
17respect to their patients without being deemed alternate
18supervising physicians for the purpose of this Act.
19    (b) A physician assistant licensed in this State, or
20licensed or authorized to practice in any other U.S.
21jurisdiction or credentialed by his or her federal employer as
22a physician assistant, who is responding to a need for medical
23care created by an emergency or by a state or local disaster
24may render such care that the physician assistant is able to
25provide without collaboration supervision as it is defined in
26this Section or with such collaboration supervision as is

 

 

10000SB1585sam002- 22 -LRB100 11277 SMS 25145 a

1available. For purposes of this Section, an "emergency
2situation" shall not include one that occurs in the place of
3one's employment.
4    Any physician who collaborates with supervises a physician
5assistant providing medical care in response to such an
6emergency or state or local disaster shall not be required to
7meet the requirements set forth in this Section for a
8collaborating supervising physician.
9(Source: P.A. 96-70, eff. 7-23-09; 97-1071, eff. 8-24-12.)
 
10    (225 ILCS 95/7.5)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 7.5. Written collaborative Prescriptions; written
13supervision agreements; prescriptive authority.
14    (a) A written collaborative supervision agreement is
15required for all physician assistants to practice in the State,
16except as provided in Section 7.7 of this Act.
17        (1) A written collaborative supervision agreement
18    shall describe the working relationship of the physician
19    assistant with the collaborating supervising physician and
20    shall describe authorize the categories of care,
21    treatment, or procedures to be provided performed by the
22    physician assistant. The written collaborative supervision
23    agreement shall promote the exercise of professional
24    judgment by the physician assistant commensurate with his
25    or her education and experience. The services to be

 

 

10000SB1585sam002- 23 -LRB100 11277 SMS 25145 a

1    provided by the physician assistant shall be services that
2    the collaborating supervising physician is authorized to
3    and generally provides to his or her patients in the normal
4    course of his or her clinical medical practice. The written
5    collaborative supervision agreement need not describe the
6    exact steps that a physician assistant must take with
7    respect to each specific condition, disease, or symptom but
8    must specify which authorized procedures require the
9    presence of the collaborating supervising physician as the
10    procedures are being performed. The supervision
11    relationship under a written collaborative supervision
12    agreement shall not be construed to require the personal
13    presence of a physician at the place where services are
14    rendered. Methods of communication shall be available for
15    consultation with the collaborating supervising physician
16    in person or by telecommunications or electronic
17    communications in accordance with established written
18    guidelines as set forth in the written collaborative
19    supervision agreement. For the purposes of this Act,
20    "generally provides to his or her patients in the normal
21    course of his or her clinical medical practice" means
22    services, not specific tasks or duties, the collaborating
23    supervising physician routinely provides individually or
24    through delegation to other persons so that the physician
25    has the experience and ability to collaborate and provide
26    supervision and consultation.

 

 

10000SB1585sam002- 24 -LRB100 11277 SMS 25145 a

1        (2) The written collaborative supervision agreement
2    shall be adequate if a physician does each of the
3    following:
4            (A) Participates in the joint formulation and
5        joint approval of orders or guidelines with the
6        physician assistant and he or she periodically reviews
7        such orders and the services provided patients under
8        such orders in accordance with accepted standards of
9        medical practice and physician assistant practice.
10            (B) Provides supervision and consultation at least
11        once a month.
12        (3) A copy of the signed, written collaborative
13    supervision agreement must be available to the Department
14    upon request from both the physician assistant and the
15    collaborating supervising physician.
16        (4) A physician assistant shall inform each
17    collaborating supervising physician of all written
18    collaborative supervision agreements he or she has signed
19    and provide a copy of these to any collaborating
20    supervising physician upon request.
21    (b) A collaborating supervising physician may, but is not
22required to, delegate prescriptive authority to a physician
23assistant as part of a written collaborative supervision
24agreement. This authority may, but is not required to, include
25prescription of, selection of, orders for, administration of,
26storage of, acceptance of samples of, and dispensing medical

 

 

10000SB1585sam002- 25 -LRB100 11277 SMS 25145 a

1devices, over the counter medications, legend drugs, medical
2gases, and controlled substances categorized as Schedule II III
3through V controlled substances, as defined in Article II of
4the Illinois Controlled Substances Act, and other
5preparations, including, but not limited to, botanical and
6herbal remedies. The collaborating supervising physician must
7have a valid, current Illinois controlled substance license and
8federal registration with the Drug Enforcement Agency to
9delegate the authority to prescribe controlled substances.
10        (1) To prescribe Schedule II, III, IV, or V controlled
11    substances under this Section, a physician assistant must
12    obtain a mid-level practitioner controlled substances
13    license. Medication orders issued by a physician assistant
14    shall be reviewed periodically by the collaborating
15    supervising physician.
16        (2) The collaborating supervising physician shall file
17    with the Department notice of delegation of prescriptive
18    authority to a physician assistant and termination of
19    delegation, specifying the authority delegated or
20    terminated. Upon receipt of this notice delegating
21    authority to prescribe Schedule III, IV, or V controlled
22    substances, the physician assistant shall be eligible to
23    register for a mid-level practitioner controlled
24    substances license under Section 303.05 of the Illinois
25    Controlled Substances Act. Nothing in this Act shall be
26    construed to limit the delegation of tasks or duties by the

 

 

10000SB1585sam002- 26 -LRB100 11277 SMS 25145 a

1    collaborating supervising physician to a nurse or other
2    appropriately trained persons in accordance with Section
3    54.2 of the Medical Practice Act of 1987.
4        (3) In addition to the requirements of this subsection
5    (b) of this Section, a collaborating supervising physician
6    may, but is not required to, delegate authority to a
7    physician assistant to prescribe Schedule II controlled
8    substances, if all of the following conditions apply:
9            (A) Specific Schedule II controlled substances by
10        oral dosage or topical or transdermal application may
11        be delegated, provided that the delegated Schedule II
12        controlled substances are routinely prescribed by the
13        collaborating supervising physician. This delegation
14        must identify the specific Schedule II controlled
15        substances by either brand name or generic name.
16        Schedule II controlled substances to be delivered by
17        injection or other route of administration may not be
18        delegated.
19            (B) (Blank). Any delegation must be controlled
20        substances that the supervising physician prescribes.
21            (C) Any prescription must be limited to no more
22        than a 30-day supply, with any continuation authorized
23        only after prior approval of the collaborating
24        supervising physician.
25            (D) The physician assistant must discuss the
26        condition of any patients for whom a controlled

 

 

10000SB1585sam002- 27 -LRB100 11277 SMS 25145 a

1        substance is prescribed monthly with the collaborating
2        supervising physician.
3            (E) The physician assistant meets the education
4        requirements of Section 303.05 of the Illinois
5        Controlled Substances Act.
6    (c) Nothing in this Act shall be construed to limit the
7delegation of tasks or duties by a physician to a licensed
8practical nurse, a registered professional nurse, or other
9persons. Nothing in this Act shall be construed to limit the
10method of delegation that may be authorized by any means,
11including, but not limited to, oral, written, electronic,
12standing orders, protocols, guidelines, or verbal orders.
13Nothing in this Act shall be construed to authorize a physician
14assistant to provide health care services required by law or
15rule to be performed by a physician.
16    (c-5) Nothing in this Section shall be construed to apply
17to any medication authority, including Schedule II controlled
18substances of a licensed physician assistant for care provided
19in a hospital, hospital affiliate, or ambulatory surgical
20treatment center pursuant to Section 7.7 of this Act.
21    (d) (Blank). Any physician assistant who writes a
22prescription for a controlled substance without having a valid
23appropriate authority may be fined by the Department not more
24than $50 per prescription, and the Department may take any
25other disciplinary action provided for in this Act.
26    (e) Nothing in this Section shall be construed to prohibit

 

 

10000SB1585sam002- 28 -LRB100 11277 SMS 25145 a

1generic substitution.
2(Source: P.A. 96-268, eff. 8-11-09; 96-618, eff. 1-1-10;
396-1000, eff. 7-2-10; 97-358, eff. 8-12-11.)
 
4    (225 ILCS 95/7.7)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 7.7. Physician assistants in hospitals, hospital
7affiliates, or ambulatory surgical treatment centers.
8    (a) A physician assistant may provide services in a
9hospital or a hospital affiliate as those terms are defined in
10the Hospital Licensing Act, a hospital affiliate as defined in
11or the University of Illinois Hospital Act, or a licensed
12ambulatory surgical treatment center as defined in the
13Ambulatory Surgical Treatment Center Act without a written
14collaborative supervision agreement pursuant to Section 7.5 of
15this Act. A physician assistant must possess clinical
16privileges recommended by the hospital medical staff and
17granted by the hospital or the consulting medical staff
18committee and ambulatory surgical treatment center in order to
19provide services. The medical staff or consulting medical staff
20committee shall periodically review the services of physician
21assistants granted clinical privileges, including any care
22provided in a hospital affiliate. Authority may also be granted
23when recommended by the hospital medical staff and granted by
24the hospital or recommended by the consulting medical staff
25committee and ambulatory surgical treatment center to

 

 

10000SB1585sam002- 29 -LRB100 11277 SMS 25145 a

1individual physician assistants to select, order, and
2administer medications, including controlled substances, to
3provide delineated care. In a hospital, hospital affiliate, or
4ambulatory surgical treatment center, the attending physician
5shall determine a physician assistant's role in providing care
6for his or her patients, except as otherwise provided in the
7medical staff bylaws or consulting committee policies.
8    (a-5) Physician assistants practicing in a hospital
9affiliate may be, but are not required to be, granted authority
10to prescribe Schedule II through V controlled substances when
11such authority is recommended by the appropriate physician
12committee of the hospital affiliate and granted by the hospital
13affiliate. This authority may, but is not required to, include
14prescription of, selection of, orders for, administration of,
15storage of, acceptance of samples of, and dispensing
16over-the-counter medications, legend drugs, medical gases, and
17controlled substances categorized as Schedule II through V
18controlled substances, as defined in Article II of the Illinois
19Controlled Substances Act, and other preparations, including,
20but not limited to, botanical and herbal remedies.
21    To prescribe controlled substances under this subsection
22(a-5), a physician assistant must obtain a mid-level
23practitioner controlled substance license. Medication orders
24shall be reviewed periodically by the appropriate hospital
25affiliate physicians committee or its physician designee.
26    The hospital affiliate shall file with the Department

 

 

10000SB1585sam002- 30 -LRB100 11277 SMS 25145 a

1notice of a grant of prescriptive authority consistent with
2this subsection (a-5) and termination of such a grant of
3authority in accordance with rules of the Department. Upon
4receipt of this notice of grant of authority to prescribe any
5Schedule II through V controlled substances, the licensed
6physician assistant may register for a mid-level practitioner
7controlled substance license under Section 303.05 of the
8Illinois Controlled Substances Act.
9    In addition, a hospital affiliate may, but is not required
10to, grant authority to a physician assistant to prescribe any
11Schedule II controlled substances if all of the following
12conditions apply:
13        (1) specific Schedule II controlled substances by oral
14    dosage or topical or transdermal application may be
15    designated, provided that the designated Schedule II
16    controlled substances are routinely prescribed by
17    physician assistants in their area of certification; this
18    grant of authority must identify the specific Schedule II
19    controlled substances by either brand name or generic name;
20    authority to prescribe or dispense Schedule II controlled
21    substances to be delivered by injection or other route of
22    administration may not be granted;
23        (2) any grant of authority must be controlled
24    substances limited to the practice of the physician
25    assistant;
26        (3) any prescription must be limited to no more than a

 

 

10000SB1585sam002- 31 -LRB100 11277 SMS 25145 a

1    30-day supply;
2        (4) the physician assistant must discuss the condition
3    of any patients for whom a controlled substance is
4    prescribed monthly with the appropriate physician
5    committee of the hospital affiliate or its physician
6    designee; and
7        (5) the physician assistant must meet the education
8    requirements of Section 303.05 of the Illinois Controlled
9    Substances Act.
10    (b) A physician assistant granted authority to order
11medications including controlled substances may complete
12discharge prescriptions provided the prescription is in the
13name of the physician assistant and the attending or
14discharging physician.
15    (c) Physician assistants practicing in a hospital,
16hospital affiliate, or an ambulatory surgical treatment center
17are not required to obtain a mid-level controlled substance
18license to order controlled substances under Section 303.05 of
19the Illinois Controlled Substances Act.
20(Source: P.A. 97-1071, eff. 8-24-12.)
 
21    (225 ILCS 95/9)  (from Ch. 111, par. 4609)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 9. Application for licensure. Applications for
24original licenses shall be made to the Department in writing on
25forms or electronically as prescribed by the Department and

 

 

10000SB1585sam002- 32 -LRB100 11277 SMS 25145 a

1shall be accompanied by the required fee, which shall not be
2refundable. An application shall require information that in
3the judgment of the Department will enable the Department to
4pass on the qualifications of the applicant for a license. An
5application shall include evidence of passage of the
6examination of the National Commission on the Certification of
7Physician Assistants, or its successor agency, and proof that
8the applicant holds a valid certificate issued by that
9Commission.
10    Applicants have 3 years from the date of application to
11complete the application process. If the process has not been
12completed in 3 years, the application shall be denied, the fee
13shall be forfeited, and the applicant must reapply and meet the
14requirements in effect at the time of reapplication.
15(Source: P.A. 90-61, eff. 12-30-97.)
 
16    (225 ILCS 95/10)  (from Ch. 111, par. 4610)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 10. Identification. No person shall use the title
19"physician or perform the duties of "Physician assistant"
20unless he or she holds is a qualified holder of a valid license
21issued by the Department as provided in this Act. A physician
22assistant shall wear on his or her person a visible
23identification indicating that he or she is certified as a
24physician assistant while acting in the course of his or her
25duties.

 

 

10000SB1585sam002- 33 -LRB100 11277 SMS 25145 a

1(Source: P.A. 90-61, eff. 12-30-97.)
 
2    (225 ILCS 95/10.5)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 10.5. Unlicensed practice; violation; civil penalty.
5    (a) Any person who practices, offers to practice, attempts
6to practice, or holds oneself out to practice as a physician's
7assistant without being licensed under this Act shall, in
8addition to any other penalty provided by law, pay a civil
9penalty to the Department in an amount not to exceed $10,000
10for each offense as determined by the Department. The civil
11penalty shall be assessed by the Department after a hearing is
12held in accordance with the provisions set forth in this Act
13regarding the provision of a hearing for the discipline of a
14licensee.
15    (b) The Department has the authority and power to
16investigate any and all unlicensed activity.
17    (b-5) No person shall use any words, abbreviations,
18figures, letters, title, sign, card, or device tending to imply
19that he or she is a physician assistant, including, but not
20limited to, using the titles or initials "Physician Assistant"
21or "PA", or similar titles or initials, with the intention of
22indicating practice as a physician assistant without meeting
23the requirements of this Act.
24    (c) The civil penalty shall be paid within 60 days after
25the effective date of the order imposing the civil penalty. The

 

 

10000SB1585sam002- 34 -LRB100 11277 SMS 25145 a

1order shall constitute a judgment and may be filed and
2execution had thereon in the same manner as any judgment from
3any court of record.
4(Source: P.A. 95-703, eff. 12-31-07.)
 
5    (225 ILCS 95/11.5 new)
6    Sec. 11.5. Continuing education. The Department shall
7adopt rules for continuing education for persons licensed under
8this Act that require 50 hours of continuing education per
92-year license renewal cycle. Completion of the 50 hours of
10continuing education shall be deemed to satisfy the continuing
11education requirements for renewal of a physician assistant
12license as required by this Act. The rules shall not be
13inconsistent with requirements of relevant national certifying
14bodies or State or national professional associations. The
15rules shall also address variances in part or in whole for good
16cause, including, but not limited to, illness or hardship. The
17continuing education rules shall ensure that licensees are
18given the opportunity to participate in programs sponsored by
19or through their State or national professional associations,
20hospitals, or other providers of continuing education. Each
21licensee is responsible for maintaining records of completion
22of continuing education and shall be prepared to produce the
23records when requested by the Department.
 
24    (225 ILCS 95/12)  (from Ch. 111, par. 4612)

 

 

10000SB1585sam002- 35 -LRB100 11277 SMS 25145 a

1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 12. A person shall be qualified for licensure as a
3physician assistant and the Department may issue a physician
4assistant license to a person who:
5        1. has Has applied in writing or electronically in form
6    and substance satisfactory to the Department and has not
7    violated any of the provisions of Section 21 of this Act or
8    the rules adopted under this Act promulgated hereunder. The
9    Department may take into consideration any felony
10    conviction of the applicant but such conviction shall not
11    operate as an absolute bar to licensure;
12        2. has Has successfully completed the examination
13    provided by the National Commission on the Certification of
14    Physician Assistants Physician's Assistant or its
15    successor agency;
16        3. holds Holds a certificate issued by the National
17    Commission on the Certification of Physician Assistants or
18    an equivalent successor agency; and
19        4. complies Complies with all applicable rules of the
20    Department.
21(Source: P.A. 95-703, eff. 12-31-07.)
 
22    (225 ILCS 95/13)  (from Ch. 111, par. 4613)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 13. Department powers and duties.
25    (a) Subject to the provisions of this Act, the Department

 

 

10000SB1585sam002- 36 -LRB100 11277 SMS 25145 a

1shall:
2        (1) adopt 1. Promulgate rules approved by the Board
3    setting forth standards to be met by a school or
4    institution offering a course of training for physician
5    assistants prior to approval of such school or
6    institution; .
7        (2) adopt 2. Promulgate rules approved by the Board
8    setting forth uniform and reasonable standards of
9    instruction to be met prior to approval of such course of
10    institution for physician assistants; and .
11        (3) determine 3. Determine the reputability and good
12    standing of such schools or institutions and their course
13    of instruction for physician assistants by reference to
14    compliance with such rules, provided that no school of
15    physician assistants that refuses admittance to applicants
16    solely on account of race, color, sex, or creed shall be
17    considered reputable and in good standing.
18    (b) No rule shall be adopted under this Act which allows a
19physician assistant to perform any act, task, or function
20primarily performed in the lawful practice of optometry under
21the Illinois Optometric Practice Act of 1987.
22    (c) All rules shall be submitted to the Board for review
23and the Department shall consider any comments provided by the
24Board.
25(Source: P.A. 85-1440.)
 

 

 

10000SB1585sam002- 37 -LRB100 11277 SMS 25145 a

1    (225 ILCS 95/14.1)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 14.1. Fees.
4    (a) Fees collected for the administration of this Act shall
5be set by the Department by rule. All fees are nonrefundable
6not refundable.
7    (b) (Blank).
8    (c) All moneys collected under this Act by the Department
9shall be deposited in the Illinois State Medical Disciplinary
10Fund in the State Treasury and used (1) in the exercise of its
11powers and performance of its duties under this Act, as such
12use is made by the Department; (2) for costs directly related
13to licensing and license renewal of persons licensed under this
14Act; and (3) for costs related to the public purposes of the
15Department.
16    All earnings received from investment of moneys in the
17Illinois State Medical Disciplinary Fund shall be deposited
18into the Illinois State Medical Disciplinary Fund and shall be
19used for the same purposes as fees deposited in the Fund.
20(Source: P.A. 95-703, eff. 12-31-07.)
 
21    (225 ILCS 95/16)  (from Ch. 111, par. 4616)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 16. Expiration; renewal. The expiration date and
24renewal period for each license issued under this Act shall be
25set by rule. Renewal shall be conditioned on paying the

 

 

10000SB1585sam002- 38 -LRB100 11277 SMS 25145 a

1required fee and by meeting such other requirements as may be
2established by rule. The certification as a physician assistant
3by the National Commission on Certification of Physician
4Assistants or an equivalent successor agency is not required
5for renewal of a license under this Act.
6    Any physician assistant who has permitted his or her
7license to expire or who has had his or her license on inactive
8status may have the license restored by making application to
9the Department and filing proof acceptable to the Department of
10his or her fitness to have the license restored, and by paying
11the required fees. Proof of fitness may include sworn evidence
12certifying to active lawful practice in another jurisdiction.
13    If the physician assistant has not maintained an active
14practice in another jurisdiction satisfactory to the
15Department, the Department shall determine, by an evaluation
16program established by rule, his or her fitness for restoration
17of the license and shall establish procedures and requirements
18for such restoration.
19    However, any physician assistant whose license expired
20while he or she was (1) in federal service on active duty with
21the Armed Forces of the United States, or the State Militia
22called into service or training, or (2) in training or
23education under the supervision of the United States
24preliminary to induction into the military service, may have
25the license restored without paying any lapsed renewal fees if
26within 2 years after honorable termination of such service,

 

 

10000SB1585sam002- 39 -LRB100 11277 SMS 25145 a

1training, or education he or she furnishes the Department with
2satisfactory evidence to the effect that he or she has been so
3engaged and that his or her service, training, or education has
4been so terminated.
5(Source: P.A. 90-61, eff. 12-30-97.)
 
6    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 21. Grounds for disciplinary action.
9    (a) The Department may refuse to issue or to renew, or may
10revoke, suspend, place on probation, censure or reprimand, or
11take other disciplinary or non-disciplinary action with regard
12to any license issued under this Act as the Department may deem
13proper, including the issuance of fines not to exceed $10,000
14for each violation, for any one or combination of the following
15causes:
16        (1) Material misstatement in furnishing information to
17    the Department.
18        (2) Violations of this Act, or the rules adopted under
19    this Act.
20        (3) Conviction by plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or
22    sentencing, including, but not limited to, convictions,
23    preceding sentences of supervision, conditional discharge,
24    or first offender probation, under the laws of any
25    jurisdiction of the United States that is: (i) a felony; or

 

 

10000SB1585sam002- 40 -LRB100 11277 SMS 25145 a

1    (ii) a misdemeanor, an essential element of which is
2    dishonesty, or that is directly related to the practice of
3    the profession. Conviction of or entry of a plea of guilty
4    or nolo contendere to any crime that is a felony under the
5    laws of the United States or any state or territory thereof
6    or that is a misdemeanor of which an essential element is
7    dishonesty or that is directly related to the practice of
8    the profession.
9        (4) Making any misrepresentation for the purpose of
10    obtaining licenses.
11        (5) Professional incompetence.
12        (6) Aiding or assisting another person in violating any
13    provision of this Act or its rules.
14        (7) Failing, within 60 days, to provide information in
15    response to a written request made by the Department.
16        (8) Engaging in dishonorable, unethical, or
17    unprofessional conduct, as defined by rule, of a character
18    likely to deceive, defraud, or harm the public.
19        (9) Habitual or excessive use or addiction to alcohol,
20    narcotics, stimulants, or any other chemical agent or drug
21    that results in a physician assistant's inability to
22    practice with reasonable judgment, skill, or safety.
23        (10) Discipline by another U.S. jurisdiction or
24    foreign nation, if at least one of the grounds for
25    discipline is the same or substantially equivalent to those
26    set forth in this Section.

 

 

10000SB1585sam002- 41 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 42 -LRB100 11277 SMS 25145 a

1        (17) Being named as a perpetrator in an indicated
2    report by the Department of Children and Family Services
3    under the Abused and Neglected Child Reporting Act, and
4    upon proof by clear and convincing evidence that the
5    licensee has caused a child to be an abused child or
6    neglected child as defined in the Abused and Neglected
7    Child Reporting Act.
8        (18) (Blank).
9        (19) Gross negligence resulting in permanent injury or
10    death of a patient.
11        (20) Employment of fraud, deception or any unlawful
12    means in applying for or securing a license as a physician
13    assistant.
14        (21) Exceeding the authority delegated to him or her by
15    his or her collaborating supervising physician in a written
16    collaborative supervision agreement.
17        (22) Immoral conduct in the commission of any act, such
18    as sexual abuse, sexual misconduct, or sexual exploitation
19    related to the licensee's practice.
20        (23) Violation of the Health Care Worker Self-Referral
21    Act.
22        (24) Practicing under a false or assumed name, except
23    as provided by law.
24        (25) Making a false or misleading statement regarding
25    his or her skill or the efficacy or value of the medicine,
26    treatment, or remedy prescribed by him or her in the course

 

 

10000SB1585sam002- 43 -LRB100 11277 SMS 25145 a

1    of treatment.
2        (26) Allowing another person to use his or her license
3    to practice.
4        (27) Prescribing, selling, administering,
5    distributing, giving, or self-administering a drug
6    classified as a controlled substance (designated product)
7    or narcotic for other than medically-accepted therapeutic
8    purposes.
9        (28) Promotion of the sale of drugs, devices,
10    appliances, or goods provided for a patient in a manner to
11    exploit the patient for financial gain.
12        (29) A pattern of practice or other behavior that
13    demonstrates incapacity or incompetence to practice under
14    this Act.
15        (30) Violating State or federal laws or regulations
16    relating to controlled substances or other legend drugs or
17    ephedra as defined in the Ephedra Prohibition Act.
18        (31) Exceeding the prescriptive authority delegated by
19    the collaborating supervising physician or violating the
20    written collaborative supervision agreement delegating
21    that authority.
22        (32) Practicing without providing to the Department a
23    notice of collaboration supervision or delegation of
24    prescriptive authority.
25        (33) Failure to establish and maintain records of
26    patient care and treatment as required by law.

 

 

10000SB1585sam002- 44 -LRB100 11277 SMS 25145 a

1        (34) Attempting to subvert or cheat on the examination
2    of the National Commission on Certification of Physician
3    Assistants or its successor agency.
4        (35) Willfully or negligently violating the
5    confidentiality between physician assistant and patient,
6    except as required by law.
7        (36) Willfully failing to report an instance of
8    suspected abuse, neglect, financial exploitation, or
9    self-neglect of an eligible adult as defined in and
10    required by the Adult Protective Services Act.
11        (37) Being named as an abuser in a verified report by
12    the Department on Aging under the Adult Protective Services
13    Act and upon proof by clear and convincing evidence that
14    the licensee abused, neglected, or financially exploited
15    an eligible adult as defined in the Adult Protective
16    Services Act.
17        (38) Failure to report to the Department an adverse
18    final action taken against him or her by another licensing
19    jurisdiction of the United States or a foreign state or
20    country, a peer review body, a health care institution, a
21    professional society or association, a governmental
22    agency, a law enforcement agency, or a court acts or
23    conduct similar to acts or conduct that would constitute
24    grounds for action under this Section.
25        (39) Failure to provide copies of records of patient
26    care or treatment, except as required by law.

 

 

10000SB1585sam002- 45 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 46 -LRB100 11277 SMS 25145 a

1or, if applicable, the multidisciplinary team involved in
2providing the mental or physical examination or both. The
3multidisciplinary team shall be led by a physician licensed to
4practice medicine in all of its branches and may consist of one
5or more or a combination of physicians licensed to practice
6medicine in all of its branches, licensed clinical
7psychologists, licensed clinical social workers, licensed
8clinical professional counselors, and other professional and
9administrative staff. Any examining physician or member of the
10multidisciplinary team may require any person ordered to submit
11to an examination pursuant to this Section to submit to any
12additional supplemental testing deemed necessary to complete
13any examination or evaluation process, including, but not
14limited to, blood testing, urinalysis, psychological testing,
15or neuropsychological testing.
16    The Department may order the examining physician or any
17member of the multidisciplinary team to provide to the
18Department any and all records, including business records,
19that relate to the examination and evaluation, including any
20supplemental testing performed.
21    The Department may order the examining physician or any
22member of the multidisciplinary team to present testimony
23concerning the mental or physical examination of the licensee
24or applicant. No information, report, record, or other
25documents in any way related to the examination shall be
26excluded by reason of any common law or statutory privilege

 

 

10000SB1585sam002- 47 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 48 -LRB100 11277 SMS 25145 a

1lieu of care, counseling, or treatment, the Department may file
2a complaint to immediately suspend, revoke, or otherwise
3discipline the license of the individual. An individual whose
4license was granted, continued, reinstated, renewed,
5disciplined, or supervised subject to such terms, conditions,
6or restrictions, and who fails to comply with such terms,
7conditions, or restrictions, shall be referred to the Secretary
8for a determination as to whether the individual shall have his
9or her license suspended immediately, pending a hearing by the
10Department.
11    In instances in which the Secretary immediately suspends a
12person's license under this Section, a hearing on that person's
13license must be convened by the Department within 30 days after
14the suspension and completed without appreciable delay. The
15Department shall have the authority to review the subject
16individual's record of treatment and counseling regarding the
17impairment to the extent permitted by applicable federal
18statutes and regulations safeguarding the confidentiality of
19medical records.
20    An individual licensed under this Act and affected under
21this Section shall be afforded an opportunity to demonstrate to
22the Department that he or she can resume practice in compliance
23with acceptable and prevailing standards under the provisions
24of his or her license.
25    (e) An individual or organization acting in good faith, and
26not in a willful and wanton manner, in complying with this

 

 

10000SB1585sam002- 49 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 50 -LRB100 11277 SMS 25145 a

1receiving such notice, whether he or she will undertake to
2represent the member.
3(Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09;
496-1482, eff. 11-29-10.)
 
5    (225 ILCS 95/22.2)  (from Ch. 111, par. 4622.2)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 22.2. Investigation; notice; hearing. The Department
8may investigate the actions of any applicant or of any person
9or persons holding or claiming to hold a license. The
10Department shall, before suspending, revoking, placing on
11probationary status, or taking any other disciplinary action as
12the Department may deem proper with regard to any license, at
13least 30 days prior to the date set for the hearing, notify the
14applicant or licensee in writing of any charges made and the
15time and place for a hearing of the charges before the
16Disciplinary Board, direct him or her to file his or her
17written answer thereto to the Disciplinary Board under oath
18within 20 days after the service on him or her of such notice
19and inform him or her that if he or she fails to file such
20answer default will be taken against him or her and his or her
21license may be suspended, revoked, placed on probationary
22status, or have other disciplinary action, including limiting
23the scope, nature or extent of his or her practice, as the
24Department may deem proper taken with regard thereto. Written
25or electronic notice may be served by personal delivery, email,

 

 

10000SB1585sam002- 51 -LRB100 11277 SMS 25145 a

1or certified or registered mail to the applicant or licensee at
2his or her last address of record or email address of record
3with the Department. At the time and place fixed in the notice,
4the Department shall proceed to hear the charges and the
5parties or their counsel shall be accorded ample opportunity to
6present such statements, testimony, evidence, and argument as
7may be pertinent to the charges or to the defense thereto. The
8Department may continue such hearing from time to time. In case
9the applicant or licensee, after receiving notice, fails to
10file an answer, his or her license may in the discretion of the
11Secretary, having received first the recommendation of the
12Disciplinary Board, be suspended, revoked, placed on
13probationary status, or the Secretary may take whatever
14disciplinary action as he or she may deem proper, including
15limiting the scope, nature, or extent of such person's
16practice, without a hearing, if the act or acts charged
17constitute sufficient grounds for such action under this Act.
18(Source: P.A. 95-703, eff. 12-31-07.)
 
19    (225 ILCS 95/22.6)  (from Ch. 111, par. 4622.6)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 22.6. At the conclusion of the hearing, the
22Disciplinary Board shall present to the Secretary a written
23report of its findings of fact, conclusions of law, and
24recommendations. The report shall contain a finding whether or
25not the accused person violated this Act or failed to comply

 

 

10000SB1585sam002- 52 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 53 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 54 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 55 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 56 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 57 -LRB100 11277 SMS 25145 a

1regulatory agencies that have an appropriate regulatory
2interest as determined by the Secretary, or a party presenting
3a lawful subpoena to the Department. Information and documents
4disclosed to a federal, State, county, or local law enforcement
5agency shall not be disclosed by the agency for any purpose to
6any other agency or person. A formal complaint filed against a
7licensee by the Department or any order issued by the
8Department against a licensee or applicant shall be a public
9record, except as otherwise prohibited by law.
 
10    (225 ILCS 95/23)  (from Ch. 111, par. 4623)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 23. Home rule. It is declared to be the public policy
13of this State, pursuant to paragraphs (h) and (i) of Section 6
14of Article VII of the Illinois Constitution of 1970, that any
15power or function set forth in this Act to be exercised by the
16State is an exclusive State power or function. Such power or
17function shall not be exercised concurrently, either directly
18or indirectly, by any unit of local government, including home
19rule units, except as otherwise provided in this Act.
20(Source: P.A. 85-981.)
 
21    Section 15. The Illinois Public Aid Code is amended by
22changing Section 5-8 as follows:
 
23    (305 ILCS 5/5-8)  (from Ch. 23, par. 5-8)

 

 

10000SB1585sam002- 58 -LRB100 11277 SMS 25145 a

1    Sec. 5-8. Practitioners. In supplying medical assistance,
2the Illinois Department may provide for the legally authorized
3services of (i) persons licensed under the Medical Practice Act
4of 1987, as amended, except as hereafter in this Section
5stated, whether under a general or limited license, (ii)
6persons licensed under the Nurse Practice Act as advanced
7practice nurses, regardless of whether or not the persons have
8written collaborative agreements, (iii) persons licensed or
9registered under other laws of this State to provide dental,
10medical, pharmaceutical, optometric, podiatric, or nursing
11services, or other remedial care recognized under State law,
12and (iv) persons licensed under other laws of this State as a
13clinical social worker, and (v) persons licensed under other
14laws of this State as physician assistants. The Department
15shall adopt rules, no later than 90 days after the effective
16date of this amendatory Act of the 99th General Assembly, for
17the legally authorized services of persons licensed under other
18laws of this State as a clinical social worker. The Department
19may not provide for legally authorized services of any
20physician who has been convicted of having performed an
21abortion procedure in a wilful and wanton manner on a woman who
22was not pregnant at the time such abortion procedure was
23performed. The utilization of the services of persons engaged
24in the treatment or care of the sick, which persons are not
25required to be licensed or registered under the laws of this
26State, is not prohibited by this Section.

 

 

10000SB1585sam002- 59 -LRB100 11277 SMS 25145 a

1(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17.)
 
2    Section 20. The Illinois Controlled Substances Act is
3amended by changing Sections 102 and 303.05 as follows:
 
4    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
5    Sec. 102. Definitions. As used in this Act, unless the
6context otherwise requires:
7    (a) "Addict" means any person who habitually uses any drug,
8chemical, substance or dangerous drug other than alcohol so as
9to endanger the public morals, health, safety or welfare or who
10is so far addicted to the use of a dangerous drug or controlled
11substance other than alcohol as to have lost the power of self
12control with reference to his or her addiction.
13    (b) "Administer" means the direct application of a
14controlled substance, whether by injection, inhalation,
15ingestion, or any other means, to the body of a patient,
16research subject, or animal (as defined by the Humane
17Euthanasia in Animal Shelters Act) by:
18        (1) a practitioner (or, in his or her presence, by his
19    or her authorized agent),
20        (2) the patient or research subject pursuant to an
21    order, or
22        (3) a euthanasia technician as defined by the Humane
23    Euthanasia in Animal Shelters Act.
24    (c) "Agent" means an authorized person who acts on behalf

 

 

10000SB1585sam002- 60 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 61 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 62 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 63 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 64 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 65 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 66 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 67 -LRB100 11277 SMS 25145 a

11934 and the Tobacco Products Tax Act of 1995.
2    (f-5) "Controlled substance analog" means a substance:
3        (1) the chemical structure of which is substantially
4    similar to the chemical structure of a controlled substance
5    in Schedule I or II;
6        (2) which has a stimulant, depressant, or
7    hallucinogenic effect on the central nervous system that is
8    substantially similar to or greater than the stimulant,
9    depressant, or hallucinogenic effect on the central
10    nervous system of a controlled substance in Schedule I or
11    II; or
12        (3) with respect to a particular person, which such
13    person represents or intends to have a stimulant,
14    depressant, or hallucinogenic effect on the central
15    nervous system that is substantially similar to or greater
16    than the stimulant, depressant, or hallucinogenic effect
17    on the central nervous system of a controlled substance in
18    Schedule I or II.
19    (g) "Counterfeit substance" means a controlled substance,
20which, or the container or labeling of which, without
21authorization bears the trademark, trade name, or other
22identifying mark, imprint, number or device, or any likeness
23thereof, of a manufacturer, distributor, or dispenser other
24than the person who in fact manufactured, distributed, or
25dispensed the substance.
26    (h) "Deliver" or "delivery" means the actual, constructive

 

 

10000SB1585sam002- 68 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 69 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 70 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 71 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 72 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 73 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 74 -LRB100 11277 SMS 25145 a

1Service or other common carrier, to Illinois residents, any
2substance which requires a prescription.
3    (z) "Manufacture" means the production, preparation,
4propagation, compounding, conversion or processing of a
5controlled substance other than methamphetamine, either
6directly or indirectly, by extraction from substances of
7natural origin, or independently by means of chemical
8synthesis, or by a combination of extraction and chemical
9synthesis, and includes any packaging or repackaging of the
10substance or labeling of its container, except that this term
11does not include:
12        (1) by an ultimate user, the preparation or compounding
13    of a controlled substance for his or her own use; or
14        (2) by a practitioner, or his or her authorized agent
15    under his or her supervision, the preparation,
16    compounding, packaging, or labeling of a controlled
17    substance:
18            (a) as an incident to his or her administering or
19        dispensing of a controlled substance in the course of
20        his or her professional practice; or
21            (b) as an incident to lawful research, teaching or
22        chemical analysis and not for sale.
23    (z-1) (Blank).
24    (z-5) "Medication shopping" means the conduct prohibited
25under subsection (a) of Section 314.5 of this Act.
26    (z-10) "Mid-level practitioner" means (i) a physician

 

 

10000SB1585sam002- 75 -LRB100 11277 SMS 25145 a

1assistant who has been delegated authority to prescribe through
2a written delegation of authority by a physician licensed to
3practice medicine in all of its branches, in accordance with
4Section 7.5 of the Physician Assistant Practice Act of 1987,
5(ii) an advanced practice nurse who has been delegated
6authority to prescribe through a written delegation of
7authority by a physician licensed to practice medicine in all
8of its branches or by a podiatric physician, in accordance with
9Section 65-40 of the Nurse Practice Act, (iii) an advanced
10practice nurse certified as a nurse practitioner, nurse
11midwife, or clinical nurse specialist who has been granted
12authority to prescribe by a hospital affiliate in accordance
13with Section 65-45 of the Nurse Practice Act, (iv) an animal
14euthanasia agency, or (v) a prescribing psychologist.
15    (aa) "Narcotic drug" means any of the following, whether
16produced directly or indirectly by extraction from substances
17of vegetable origin, or independently by means of chemical
18synthesis, or by a combination of extraction and chemical
19synthesis:
20        (1) opium, opiates, derivatives of opium and opiates,
21    including their isomers, esters, ethers, salts, and salts
22    of isomers, esters, and ethers, whenever the existence of
23    such isomers, esters, ethers, and salts is possible within
24    the specific chemical designation; however the term
25    "narcotic drug" does not include the isoquinoline
26    alkaloids of opium;

 

 

10000SB1585sam002- 76 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 77 -LRB100 11277 SMS 25145 a

1administration.
2    (ff) "Parole and Pardon Board" means the Parole and Pardon
3Board of the State of Illinois or its successor agency.
4    (gg) "Person" means any individual, corporation,
5mail-order pharmacy, government or governmental subdivision or
6agency, business trust, estate, trust, partnership or
7association, or any other entity.
8    (hh) "Pharmacist" means any person who holds a license or
9certificate of registration as a registered pharmacist, a local
10registered pharmacist or a registered assistant pharmacist
11under the Pharmacy Practice Act.
12    (ii) "Pharmacy" means any store, ship or other place in
13which pharmacy is authorized to be practiced under the Pharmacy
14Practice Act.
15    (ii-5) "Pharmacy shopping" means the conduct prohibited
16under subsection (b) of Section 314.5 of this Act.
17    (ii-10) "Physician" (except when the context otherwise
18requires) means a person licensed to practice medicine in all
19of its branches.
20    (jj) "Poppy straw" means all parts, except the seeds, of
21the opium poppy, after mowing.
22    (kk) "Practitioner" means a physician licensed to practice
23medicine in all its branches, dentist, optometrist, podiatric
24physician, veterinarian, scientific investigator, pharmacist,
25physician assistant, advanced practice nurse, licensed
26practical nurse, registered nurse, hospital, laboratory, or

 

 

10000SB1585sam002- 78 -LRB100 11277 SMS 25145 a

1pharmacy, or other person licensed, registered, or otherwise
2lawfully permitted by the United States or this State to
3distribute, dispense, conduct research with respect to,
4administer or use in teaching or chemical analysis, a
5controlled substance in the course of professional practice or
6research.
7    (ll) "Pre-printed prescription" means a written
8prescription upon which the designated drug has been indicated
9prior to the time of issuance; the term does not mean a written
10prescription that is individually generated by machine or
11computer in the prescriber's office.
12    (mm) "Prescriber" means a physician licensed to practice
13medicine in all its branches, dentist, optometrist,
14prescribing psychologist licensed under Section 4.2 of the
15Clinical Psychologist Licensing Act with prescriptive
16authority delegated under Section 4.3 of the Clinical
17Psychologist Licensing Act, podiatric physician, or
18veterinarian who issues a prescription, a physician assistant
19who issues a prescription for a controlled substance in
20accordance with Section 303.05, a written delegation, and a
21written collaborative supervision agreement required under
22Section 7.5 of the Physician Assistant Practice Act of 1987, an
23advanced practice nurse with prescriptive authority delegated
24under Section 65-40 of the Nurse Practice Act and in accordance
25with Section 303.05, a written delegation, and a written
26collaborative agreement under Section 65-35 of the Nurse

 

 

10000SB1585sam002- 79 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 80 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 81 -LRB100 11277 SMS 25145 a

1overall excitation of central nervous system functions, (ii)
2causes impaired consciousness and awareness, and (iii) can be
3habit-forming or lead to a substance abuse problem, including
4but not limited to amphetamines and their analogs,
5methylphenidate and its analogs, cocaine, and phencyclidine
6and its analogs.
7    (ss) "Ultimate user" means a person who lawfully possesses
8a controlled substance for his or her own use or for the use of
9a member of his or her household or for administering to an
10animal owned by him or her or by a member of his or her
11household.
12(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
1398-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.
147-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,
15eff. 9-9-15; 99-642, eff. 7-28-16.)
 
16    (720 ILCS 570/303.05)
17    Sec. 303.05. Mid-level practitioner registration.
18    (a) The Department of Financial and Professional
19Regulation shall register licensed physician assistants,
20licensed advanced practice nurses, and prescribing
21psychologists licensed under Section 4.2 of the Clinical
22Psychologist Licensing Act to prescribe and dispense
23controlled substances under Section 303 and euthanasia
24agencies to purchase, store, or administer animal euthanasia
25drugs under the following circumstances:

 

 

10000SB1585sam002- 82 -LRB100 11277 SMS 25145 a

1        (1) with respect to physician assistants,
2            (A) the physician assistant has been delegated
3        written authority to prescribe any Schedule III
4        through V controlled substances by a physician
5        licensed to practice medicine in all its branches in
6        accordance with Section 7.5 of the Physician Assistant
7        Practice Act of 1987; and the physician assistant has
8        completed the appropriate application forms and has
9        paid the required fees as set by rule; or
10            (B) the physician assistant has been delegated
11        authority by a collaborating supervising physician
12        licensed to practice medicine in all its branches to
13        prescribe or dispense Schedule II controlled
14        substances through a written delegation of authority
15        and under the following conditions:
16                (i) Specific Schedule II controlled substances
17            by oral dosage or topical or transdermal
18            application may be delegated, provided that the
19            delegated Schedule II controlled substances are
20            routinely prescribed by the collaborating
21            supervising physician. This delegation must
22            identify the specific Schedule II controlled
23            substances by either brand name or generic name.
24            Schedule II controlled substances to be delivered
25            by injection or other route of administration may
26            not be delegated;

 

 

10000SB1585sam002- 83 -LRB100 11277 SMS 25145 a

1                (ii) any delegation must be of controlled
2            substances prescribed by the collaborating
3            supervising physician;
4                (iii) all prescriptions must be limited to no
5            more than a 30-day supply, with any continuation
6            authorized only after prior approval of the
7            collaborating supervising physician;
8                (iv) the physician assistant must discuss the
9            condition of any patients for whom a controlled
10            substance is prescribed monthly with the
11            delegating physician;
12                (v) the physician assistant must have
13            completed the appropriate application forms and
14            paid the required fees as set by rule;
15                (vi) the physician assistant must provide
16            evidence of satisfactory completion of 45 contact
17            hours in pharmacology from any physician assistant
18            program accredited by the Accreditation Review
19            Commission on Education for the Physician
20            Assistant (ARC-PA), or its predecessor agency, for
21            any new license issued with Schedule II authority
22            after the effective date of this amendatory Act of
23            the 97th General Assembly; and
24                (vii) the physician assistant must annually
25            complete at least 5 hours of continuing education
26            in pharmacology;

 

 

10000SB1585sam002- 84 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 85 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 86 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 87 -LRB100 11277 SMS 25145 a

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

 

 

10000SB1585sam002- 88 -LRB100 11277 SMS 25145 a

1    controlled substances by a collaborating physician
2    licensed to practice medicine in all its branches in
3    accordance with Section 4.3 of the Clinical Psychologist
4    Licensing Act, and the prescribing psychologist has
5    completed the appropriate application forms and has paid
6    the required fees as set by rule.
7    (b) The mid-level practitioner shall only be licensed to
8prescribe those schedules of controlled substances for which a
9licensed physician or licensed podiatric physician has
10delegated prescriptive authority, except that an animal
11euthanasia agency does not have any prescriptive authority. A
12physician assistant and an advanced practice nurse are
13prohibited from prescribing medications and controlled
14substances not set forth in the required written delegation of
15authority.
16    (c) Upon completion of all registration requirements,
17physician assistants, advanced practice nurses, and animal
18euthanasia agencies may be issued a mid-level practitioner
19controlled substances license for Illinois.
20    (d) A collaborating physician or podiatric physician may,
21but is not required to, delegate prescriptive authority to an
22advanced practice nurse as part of a written collaborative
23agreement, and the delegation of prescriptive authority shall
24conform to the requirements of Section 65-40 of the Nurse
25Practice Act.
26    (e) A collaborating supervising physician may, but is not

 

 

10000SB1585sam002- 89 -LRB100 11277 SMS 25145 a

1required to, delegate prescriptive authority to a physician
2assistant as part of a written collaborative supervision
3agreement, and the delegation of prescriptive authority shall
4conform to the requirements of Section 7.5 of the Physician
5Assistant Practice Act of 1987.
6    (f) Nothing in this Section shall be construed to prohibit
7generic substitution.
8(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
999-173, eff. 7-29-15.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".