102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3025

 

Introduced 1/5/2022, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
New Act
720 ILCS 570/102  from Ch. 56 1/2, par. 1102

    Creates the Naturopathic Medical Practice Act. Provides for the licensure of naturopathic physicians. Creates the Naturopathic Physician Medical Board. Provides that the Board shall oversee the licensure of naturopathic physicians and matters relating to training and licensure of naturopathic physicians. Provides for membership of the Board and duties of the Board. Requires the Board to adopt rules concerning specified matters. Contains provisions concerning definitions; qualifications for licensure; approval of naturopathic medical educational programs; display of license; scope of practice; referral requirements; prohibited conduct by licensees; exemptions from the Act; title protection; license expiration, renewal, denial, revocation, and continuing education; and issuance of first licenses. Amends the Illinois Controlled Substances Act. Adds internal references to naturopathic physicians. Effective immediately.


LRB102 20970 SPS 29867 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3025LRB102 20970 SPS 29867 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Naturopathic Medical Practice Act.
 
6    Section 5. Purpose and findings. The practice of
7naturopathic medicine in the State of Illinois is declared to
8affect the public health, safety, and welfare and to be
9subject to regulation and control in the public interest. It
10is further declared to be a matter of public interest that
11naturopathic physicians and the practice of naturopathic
12medicine, as defined in this Act, merit the confidence of the
13public, that only qualified persons be authorized to practice
14naturopathic medicine in the State of Illinois, and that no
15person shall practice naturopathic medicine without a valid
16existing license to do so.
17    Illinois is facing an unprecedented physician shortage in
18urban counties and an even higher shortage in rural counties.
19The COVID-19 pandemic is increasing that shortage
20exponentially. Naturopathic physicians with a proper scope of
21practice can help fill this void.
22    The General Assembly recognizes that naturopathic
23physicians comprise a distinct health care profession that

 

 

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1affects the public health, safety, and welfare and that
2licensure of naturopathic physicians will increase freedom of
3choice in health care and help address the physician shortage
4in Illinois. This Act shall be liberally construed to best
5carry out these subjects and purposes.
 
6    Section 10. Definitions. In this Act:
7    "Approved naturopathic medical educational program" means
8an educational program that the Board has approved as meeting
9the requirements of Section 20 of this Act that prepares
10naturopathic physicians for the practice of naturopathic
11medicine.
12    "Association" means an entity that is approved by the
13American Association of Naturopathic Physicians, which entity
14represents the interests of naturopathic physicians in this
15State.
16    "Board" means the Naturopathic Physician Medical Board
17established pursuant to Section 55 of this Act.
18    "Clinical laboratory procedure" means the use of
19venipuncture consistent with naturopathic medical practice,
20commonly used diagnostic modalities consistent with
21naturopathic practice, the recording of a patient's health
22history, physical examination, ordering and interpretation of
23radiographic diagnostics and other standard imaging and
24examination of body orifices, excluding endoscopy and
25colonoscopy. "Clinical laboratory procedure" includes the

 

 

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1practice of obtaining samples of human tissues, except
2surgical excision beyond surgical excision that is authorized
3as a minor office procedure.
4    "Drug" has the same meaning as set forth in Section 102 of
5the Illinois Controlled Substances Act.
6    "Homeopathic medicine" means a system of medicine based on
7the use of infinitesimal doses of substances capable of
8producing symptoms similar to those of the disease treated, as
9listed in the Homeopathic Pharmacopoeia of the United States.
10    "Hygiene" means the use of preventive techniques,
11including personal hygiene for asepsis, public health, and
12safety.
13    "Laboratory examination" means:
14        (1) phlebotomy;
15        (2) a clinical laboratory procedure;
16        (3) an orificial examination;
17        (4) a physiological function test; and
18        (5) a screening or test that is consistent with
19    naturopathic education and training.
20    "Legend drug" has the same meaning as set forth in Section
213.23 of the Illinois Food, Drug and Cosmetic Act.
22    "License" means a license issued by the Board to an
23individual pursuant to this Act and rules authorizing that
24individual to practice naturopathic medicine in this State.
25    "Licensee" means a naturopathic physician licensed by the
26Board to practice naturopathic medicine in this State.

 

 

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1    "Minor office procedure" means minor surgical care and
2procedures, including:
3        (1) surgical care incidental to superficial
4    laceration, lesion, or abrasion, excluding surgical care
5    to treat a lesion suspected of malignancy;
6        (2) the removal of foreign bodies located in
7    superficial structures, excluding the globe of the eye;
8        (3) trigger point therapy;
9        (4) dermal stimulation;
10        (5) allergy testing and treatment; and
11        (6) the use of antiseptics and topical or local
12    anesthetics.
13    "Naturopathic medicine" means:
14        (1) a system of health care for the prevention,
15    diagnosis and treatment of human health conditions,
16    injury, and disease;
17        (2) the promotion or restoration of health; and
18        (3) the support and stimulation of a patient's
19    inherent self-healing processes through patient education
20    and the use of naturopathic therapies and therapeutic
21    substances.
22    "Naturopathic physical medicine" means the use of one or
23more of the following physical agents in a manner consistent
24with naturopathic medical practice on a part or the whole of
25the body, by hand or by mechanical means, in the resolution of
26a human ailment or conditions:

 

 

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1        (1) air;
2        (2) water;
3        (3) heat;
4        (4) cold;
5        (5) sound;
6        (6) light;
7        (7) electromagnetism;
8        (8) colon hydrotherapy;
9        (9) soft tissue therapy;
10        (10) joint mobilization;
11        (11) therapeutic exercise; or
12        (12) naturopathic manipulation.
13    "Naturopathic physician" means an individual licensed
14pursuant to this Act as a naturopathic physician to practice
15naturopathic medicine in this State.
16    "Naturopathic therapy" means the use of:
17        (1) naturopathic physical medicine;
18        (2) suggestion;
19        (3) hygiene;
20        (4) a therapeutic substance;
21        (5) nutrition and food science;
22        (6) homeopathic medicine;
23        (7) a clinical laboratory procedure; or
24        (8) a minor office procedure.
25    "Nutrition and food science" means the prevention and
26treatment of disease or other human conditions through the use

 

 

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1of food, water, herbs, roots, bark, or natural food elements.
2    "Prescription" has the same meaning as set forth in
3Section 3 of the Pharmacy Practice Act.
4    "Professional examination" means a competency based
5national naturopathic physician licensing examination
6administered by the North American Board of Naturopathic
7Examiners or its successor agency, which Board has been
8nationally recognized to administer a naturopathic examination
9that represents federal standards of education and training.
10    "Suggestion" means a technique using:
11        (1) biofeedback;
12        (2) hypnosis;
13        (3) health education; or
14        (4) health counseling.
15    "Therapeutic substance" means any of the following
16exemplified in a standard naturopathic medical text, journal,
17or pharmacopeia:
18        (1) a vitamin;
19        (2) a mineral;
20        (3) a nutraceutical;
21        (4) a botanical medicine;
22        (5) oxygen;
23        (6) a homeopathic medicine;
24        (7) a hormone;
25        (8) a hormonal or pharmaceutical contraceptive device;
26    or

 

 

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1        (9) other physiologic substance.
 
2    Section 15. Qualifications for licensure. The Board shall
3license an applicant who:
4        (1) submits, in accordance with rules of the Board,
5    the following items to the Board:
6            (A) an application for licensure designed and
7        approved by the Board and submitted in accordance with
8        rules of the Board;
9            (B) an application fee submitted in an amount and
10        manner established by rules of the Board;
11            (C) evidence that the applicant has graduated from
12        an approved naturopathic medical educational program;
13            (D) evidence that the applicant has passed a
14        professional examination;
15            (E) evidence that the applicant has passed a
16        pharmacy examination authorized by rules of the Board
17        and administered by the North American Board of
18        Naturopathic Examiners or its successor;
19            (F) evidence that the applicant has passed a minor
20        surgery examination authorized by rules of the Board
21        and administered by the North American Board of
22        Naturopathic Examiners or its successor; and
23            (G) evidence of professional liability insurance
24        with policy limits not less than prescribed by the
25        Board;

 

 

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1        (2) is determined by the Board to be physically and
2    mentally capable of safely practicing naturopathic
3    medicine with or without reasonable accommodation; and
4        (3) has not had a license to practice naturopathic
5    medicine or other health care license, registration, or
6    certificate refused, revoked, or suspended by any other
7    jurisdiction for reasons that relate to the applicant's
8    ability to skillfully and safely practice naturopathic
9    medicine unless that license, registration, or
10    certification has been restored to good standing by that
11    jurisdiction.
 
12    Section 20. Approved naturopathic medical educational
13program. The Board shall establish, by rule, guidelines for an
14approved naturopathic medical educational program, which
15guidelines shall meet the following requirements and the
16Board's specifications for the education of naturopathic
17physicians. The approved naturopathic medical educational
18program shall:
19        (1) offer graduate-level, full-time didactic and
20    supervised clinical training;
21        (2) be accredited, or have achieved candidacy status
22    for accreditation, by the Council on Naturopathic Medical
23    Education or an equivalent federally recognized
24    accrediting body for naturopathic medical programs that is
25    also recognized by the Board; and

 

 

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1        (3) be conducted by an institution of higher
2    education, or a division of an institution of higher
3    education, that:
4            (A) is accredited or is a candidate for
5        accreditation by a regional or national institutional
6        accrediting agency recognized by the United States
7        Secretary of Education or a diploma-granting,
8        degree-equivalent college or university; or
9            (B) meets equivalent standards for recognition of
10        accreditation established by rules of the Board for
11        medical education programs offered in Canada.
 
12    Section 25. Display of license. A licensee shall display
13the licensee's license in the licensee's place of business in
14a location clearly visible to the licensee's patients and
15shall also display evidence of the licensee having completed
16an approved naturopathic medical educational program.
 
17    Section 30. Scope of practice. A licensee may practice
18naturopathic medicine to provide primary care in alignment
19with naturopathic medical education to:
20        (1) perform physical examinations;
21        (2) order laboratory examinations;
22        (3) order diagnostic imaging studies;
23        (4) interpret the results of laboratory examinations
24    for diagnostic purposes;

 

 

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1        (5) order and, based on a radiologist's report, take
2    action on diagnostic imaging studies in a manner
3    consistent with naturopathic training;
4        (6) prescribe, administer, dispense, and order food,
5    extracts of food, nutraceuticals, vitamins, amino acids,
6    minerals, enzymes, botanicals and their extracts,
7    botanical medicines, homeopathic medicines, dietary
8    supplements, and nonprescription drugs as defined by the
9    Federal Food, Drug, and Cosmetic Act;
10        (7) prescribe, administer, dispense, and order all
11    legend drugs and all drugs within Schedules II-V of the
12    Controlled Substances Act;
13        (8) administer intramuscular, intravenous,
14    subcutaneous, intra-articular and intradermal injections
15    of substances appropriate to naturopathic medicine;
16        (9) use routes of administration that include oral,
17    nasal, auricular, ocular, rectal, vaginal, transdermal,
18    intradermal, subcutaneous, intravenous, intra-articular,
19    and intramuscular consistent with the education and
20    training of a naturopathic physician;
21        (10) perform naturopathic physical medicine;
22        (11) employ the use of naturopathic therapy;
23        (12) use therapeutic devices, barrier contraception,
24    intrauterine devices, hormonal and pharmaceutical
25    contraception, and durable medical equipment; or
26        (13) perform minor office procedures.
 

 

 

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1    Section 35. Referral requirement. A licensee shall refer
2to a physician licensed to practice medicine in all of its
3branches under the Medical Practice Act of 1987 any patient
4whose medical condition is determined, at the time of
5evaluation or treatment, to be beyond the scope of practice of
6the licensee.
 
7    Section 40. Prohibitions. A licensee shall not:
8        (1) perform surgery outside of the scope of minor
9    office procedures permitted in the employment of
10    naturopathic therapy;
11        (2) use general or spinal anesthetics;
12        (3) administer ionizing radioactive substances for
13    therapeutic purposes;
14        (4) perform a surgical procedure using a laser device;
15        (5) perform a surgical procedure involving any of the
16    following areas of the body that extend beyond superficial
17    tissue:
18            (A) eyes;
19            (B) ears;
20            (C) tendons;
21            (D) nerves;
22            (E) veins; or
23            (F) arteries;
24        (6) perform a surgical abortion;

 

 

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1        (7) treat any lesion suspected of malignancy or
2    requiring surgical removal; or
3        (8) perform acupuncture.
 
4    Section 45. Exemptions. Nothing in this Act shall be
5construed to prohibit or to restrict:
6        (1) the practice of a health care profession by an
7    individual who is licensed, certified, or registered under
8    other laws of this State and who is performing services
9    within the individual's authorized scope of practice;
10        (2) the practice of naturopathic medicine by a student
11    enrolled in an approved naturopathic medical educational
12    program if the practice of naturopathic medicine by a
13    student is performed pursuant to a course of instruction
14    or an assignment from an instructor at an accredited
15    university or college by an instructor duly licensed as a
16    health care provider in Illinois;
17        (3) any person that sells a vitamin or herb from
18    providing information about the vitamin or herb;
19        (4) the practice of naturopathic medicine by persons
20    who are licensed to practice in any other state or
21    district in the United States and who enter this State to
22    consult with a naturopathic physician of this State if the
23    consultation is limited to examination, recommendation, or
24    testimony in litigation; or
25        (5) any person or practitioner who is not licensed as

 

 

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1    a naturopathic physician from recommending ayurvedic
2    medicine, herbal remedies, nutritional advice, homeopathy,
3    or other therapy that is within the scope of practice of
4    naturopathic medicine; however, the person or practitioner
5    shall not:
6            (A) use a title protected pursuant to Section 50
7        of this Act;
8            (B) represent or assume the character or
9        appearance of a licensee; or
10            (C) otherwise use a name, title, or other
11        designation that indicates or implies that the person
12        is a licensee.
 
13    Section 50. Protected titles.
14    (a) A licensee shall use the title "naturopathic
15physician", "naturopathic doctor", or "naturopathic medical
16doctor" and the recognized abbreviations "N.D." and "N.M.D.".
17    (b) A licensee has the exclusive right to use the
18following terms in reference to the licensee's self:
19        (1) "naturopathic physician";
20        (2) "naturopathic doctor";
21        (3) "naturopathic medical doctor";
22        (4) "doctor of naturopathic medicine";
23        (5) "doctor of naturopathy";
24        (6) "naturopath";
25        (7) "N.D.";

 

 

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1        (8) "ND";
2        (9) "NMD"; and
3        (10) "N.M.D.".
4    (c) An individual represents the individual's self to be a
5naturopathic physician or a naturopathic doctor when the
6individual uses or adopts any of the following terms in
7reference to the individual's self:
8        (1) "naturopathic physician";
9        (2) "naturopathic doctor";
10        (3) "naturopathic medical doctor";
11        (4) "doctor of naturopathic medicine";
12        (5) "doctor of naturopathy";
13        (6) "naturopath";
14        (7) "N.D.";
15        (8) "ND";
16        (9) "NMD"; and
17        (10) "N.M.D.".
18    (d) An individual shall not represent the individual's
19self to the public as a naturopathic physician, naturopathic
20doctor, naturopathic medical doctor, a doctor of naturopathic
21medicine, a doctor of naturopathy, or as being otherwise
22authorized to practice naturopathic medicine in this State,
23unless the individual is a licensee.
 
24    Section 55. Naturopathic Physician Medical Board.
25    (a) The Naturopathic Physician Medical Board shall

 

 

SB3025- 15 -LRB102 20970 SPS 29867 b

1oversee:
2        (1) licensure of naturopathic physicians; and
3        (2) matters relating to training and licensure of
4    naturopathic physicians.
5    (b) Within 90 days after the effective date of this Act,
6the Governor shall appoint an initial Board consisting of 2
7members for terms of 4 years each, 3 members for terms of 3
8years each, and 4 members for terms of 2 years each. The
9initial Board shall consist of 9 voting members as follows:
10        (1) five licensed naturopathic physicians who are
11    residents of Illinois and are members of the Illinois
12    Association of Naturopathic Physicians;
13        (2) two practicing physicians licensed to practice
14    medicine in all of its branches with experience working
15    with naturopathic physicians; and
16        (3) two public members that are residents of this
17    State who are not, and never have been, a licensed health
18    care practitioner and who do not have an interest in
19    naturopathic education, naturopathic medicine, or
20    naturopathic business or practice.
21    (c) As the terms of the initial Board members expire, the
22Governor shall appoint successors for terms of 4 years each as
23follows:
24        (1) five naturopathic physicians licensed pursuant to
25    this Act;
26        (2) two practicing physicians licensed to practice

 

 

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1    medicine in all of its branches with experience working
2    with naturopathic physicians; and
3        (3) two public members that are residents of this
4    State who are not, and never have been, a licensed health
5    care practitioner and who do not have an interest in
6    naturopathic education, naturopathic medicine or
7    naturopathic business or practice.
8    (d) Within 30 days after the Board is established, the
9Board shall call the first meeting, at which meeting members
10shall elect a chair. At least once during each calendar
11quarter thereafter, the Board shall hold a meeting at the call
12of the chair. The Board may hold additional meetings at the
13call of the chair or at the written request of any 2 members of
14the Board.
15    (e) Vacancies on the Board shall be filled from a list of
16not fewer than 3 candidates provided by the Illinois
17Association of Naturopathic Physicians.
18    (f) A majority of the Board membership shall constitute a
19quorum.
20    (g) Members of the Board shall serve without compensation
21but may, at the discretion of the Board, be reimbursed for
22their expenses incurred in performing their duties.
23    (h) The Department of Financial and Professional
24Regulation shall provide administrative and other support to
25the Board.
 

 

 

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1    Section 60. Board duties. The Board shall adopt rules:
2        (1) regulating the licensure of naturopathic
3    physicians and determining the hours of continuing
4    education units required for maintaining licensure as a
5    naturopathic physician;
6        (2) prescribing the manner in which records of
7    examinations and treatments shall be kept and maintained;
8        (3) establishing standards for professional
9    responsibility and conduct;
10        (4) identifying disciplinary actions and circumstances
11    that require disciplinary action;
12        (5) developing a means to provide information to all
13    licensees in this State;
14        (6) providing for the investigation of complaints
15    against licensees or persons holding themselves out as
16    naturopathic physicians in this State;
17        (7) providing for the publication of information for
18    the public about licensees and the practice of
19    naturopathic medicine in this State;
20        (8) providing for an orderly process for reinstatement
21    of a license;
22        (9) establishing criteria for advertising or
23    promotional materials;
24        (10) establishing continuing education hours and
25    content;
26        (11) establishing procedures and standards for

 

 

SB3025- 18 -LRB102 20970 SPS 29867 b

1    reviewing licensing examination scores; and
2        (12) establishing procedures for reviewing transcripts
3    demonstrating completion of the approved naturopathic
4    medical educational program;
5        (13) establishing and maintaining a list of
6    naturopathic medical education programs that meet the
7    requirements of Section 20;
8        (14) establishing the requirements for issuance and
9    renewal of licenses; and
10        (15) any other matter necessary to implement this Act.
 
11    Section 65. License expiration, renewal, denial,
12revocation, and continuing education.
13    (a) A license issued or renewed pursuant to this Act shall
14expire in a time frame determined by the Board.
15    (b) The Board may renew the license of any licensee who,
16upon the expiration of the licensee's license:
17        (1) has submitted an application for renewal;
18        (2) has paid the renewal fee established by rules of
19    the Board;
20        (3) meets the qualifications for licensure set forth
21    in this Act and rules of the Board; and
22        (4) meets the continuing education requirements
23    established by the Board.
24    (c) If the Board intends to refuse to issue or renew,
25revoke, or suspend a license, the Board shall grant the

 

 

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1applicant or licensee an opportunity for a hearing.
 
2    Section 70. Issuance of first licenses. On a schedule
3determined by the Board, the Board shall issue licenses to
4those applicants who have met the requirements of this Act and
5Board rules adopted in accordance with this Act.
 
6    Section 100. The Illinois Controlled Substances Act is
7amended by changing Section 102 as follows:
 
8    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
9    (Text of Section before amendment by P.A. 101-666)
10    Sec. 102. Definitions. As used in this Act, unless the
11context otherwise requires:
12    (a) "Addict" means any person who habitually uses any
13drug, chemical, substance or dangerous drug other than alcohol
14so as to endanger the public morals, health, safety or welfare
15or who is so far addicted to the use of a dangerous drug or
16controlled substance other than alcohol as to have lost the
17power of self control with reference to his or her addiction.
18    (b) "Administer" means the direct application of a
19controlled substance, whether by injection, inhalation,
20ingestion, or any other means, to the body of a patient,
21research subject, or animal (as defined by the Humane
22Euthanasia in Animal Shelters Act) by:
23        (1) a practitioner (or, in his or her presence, by his

 

 

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

 

 

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

 

 

SB3025- 22 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 23 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 24 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 25 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 26 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 27 -LRB102 20970 SPS 29867 b

1immediate precursor, or synthetic drug in the Schedules of
2Article II of this Act or (ii) a drug or other substance, or
3immediate precursor, designated as a controlled substance by
4the Department through administrative rule. The term does not
5include distilled spirits, wine, malt beverages, or tobacco,
6as those terms are defined or used in the Liquor Control Act of
71934 and the Tobacco Products Tax Act of 1995.
8    (f-5) "Controlled substance analog" means a substance:
9        (1) the chemical structure of which is substantially
10    similar to the chemical structure of a controlled
11    substance in Schedule I or II;
12        (2) which has a stimulant, depressant, or
13    hallucinogenic effect on the central nervous system that
14    is substantially similar to or greater than the stimulant,
15    depressant, or hallucinogenic effect on the central
16    nervous system of a controlled substance in Schedule I or
17    II; or
18        (3) with respect to a particular person, which such
19    person represents or intends to have a stimulant,
20    depressant, or hallucinogenic effect on the central
21    nervous system that is substantially similar to or greater
22    than the stimulant, depressant, or hallucinogenic effect
23    on the central nervous system of a controlled substance in
24    Schedule I or II.
25    (g) "Counterfeit substance" means a controlled substance,
26which, or the container or labeling of which, without

 

 

SB3025- 28 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 29 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 30 -LRB102 20970 SPS 29867 b

1individual that is created, gathered, managed, and consulted
2by authorized health care clinicians and staff.
3    (t-4) "Emergency medical services personnel" has the
4meaning ascribed to it in the Emergency Medical Services (EMS)
5Systems Act.
6    (t-5) "Euthanasia agency" means an entity certified by the
7Department of Financial and Professional Regulation for the
8purpose of animal euthanasia that holds an animal control
9facility license or animal shelter license under the Animal
10Welfare Act. A euthanasia agency is authorized to purchase,
11store, possess, and utilize Schedule II nonnarcotic and
12Schedule III nonnarcotic drugs for the sole purpose of animal
13euthanasia.
14    (t-10) "Euthanasia drugs" means Schedule II or Schedule
15III substances (nonnarcotic controlled substances) that are
16used by a euthanasia agency for the purpose of animal
17euthanasia.
18    (u) "Good faith" means the prescribing or dispensing of a
19controlled substance by a practitioner in the regular course
20of professional treatment to or for any person who is under his
21or her treatment for a pathology or condition other than that
22individual's physical or psychological dependence upon or
23addiction to a controlled substance, except as provided
24herein: and application of the term to a pharmacist shall mean
25the dispensing of a controlled substance pursuant to the
26prescriber's order which in the professional judgment of the

 

 

SB3025- 31 -LRB102 20970 SPS 29867 b

1pharmacist is lawful. The pharmacist shall be guided by
2accepted professional standards including, but not limited to
3the following, in making the judgment:
4        (1) lack of consistency of prescriber-patient
5    relationship,
6        (2) frequency of prescriptions for same drug by one
7    prescriber for large numbers of patients,
8        (3) quantities beyond those normally prescribed,
9        (4) unusual dosages (recognizing that there may be
10    clinical circumstances where more or less than the usual
11    dose may be used legitimately),
12        (5) unusual geographic distances between patient,
13    pharmacist and prescriber,
14        (6) consistent prescribing of habit-forming drugs.
15    (u-0.5) "Hallucinogen" means a drug that causes markedly
16altered sensory perception leading to hallucinations of any
17type.
18    (u-1) "Home infusion services" means services provided by
19a pharmacy in compounding solutions for direct administration
20to a patient in a private residence, long-term care facility,
21or hospice setting by means of parenteral, intravenous,
22intramuscular, subcutaneous, or intraspinal infusion.
23    (u-5) "Illinois State Police" means the State Police of
24the State of Illinois, or its successor agency.
25    (v) "Immediate precursor" means a substance:
26        (1) which the Department has found to be and by rule

 

 

SB3025- 32 -LRB102 20970 SPS 29867 b

1    designated as being a principal compound used, or produced
2    primarily for use, in the manufacture of a controlled
3    substance;
4        (2) which is an immediate chemical intermediary used
5    or likely to be used in the manufacture of such controlled
6    substance; and
7        (3) the control of which is necessary to prevent,
8    curtail or limit the manufacture of such controlled
9    substance.
10    (w) "Instructional activities" means the acts of teaching,
11educating or instructing by practitioners using controlled
12substances within educational facilities approved by the State
13Board of Education or its successor agency.
14    (x) "Local authorities" means a duly organized State,
15County or Municipal peace unit or police force.
16    (y) "Look-alike substance" means a substance, other than a
17controlled substance which (1) by overall dosage unit
18appearance, including shape, color, size, markings or lack
19thereof, taste, consistency, or any other identifying physical
20characteristic of the substance, would lead a reasonable
21person to believe that the substance is a controlled
22substance, or (2) is expressly or impliedly represented to be
23a controlled substance or is distributed under circumstances
24which would lead a reasonable person to believe that the
25substance is a controlled substance. For the purpose of
26determining whether the representations made or the

 

 

SB3025- 33 -LRB102 20970 SPS 29867 b

1circumstances of the distribution would lead a reasonable
2person to believe the substance to be a controlled substance
3under this clause (2) of subsection (y), the court or other
4authority may consider the following factors in addition to
5any other factor that may be relevant:
6        (a) statements made by the owner or person in control
7    of the substance concerning its nature, use or effect;
8        (b) statements made to the buyer or recipient that the
9    substance may be resold for profit;
10        (c) whether the substance is packaged in a manner
11    normally used for the illegal distribution of controlled
12    substances;
13        (d) whether the distribution or attempted distribution
14    included an exchange of or demand for money or other
15    property as consideration, and whether the amount of the
16    consideration was substantially greater than the
17    reasonable retail market value of the substance.
18    Clause (1) of this subsection (y) shall not apply to a
19noncontrolled substance in its finished dosage form that was
20initially introduced into commerce prior to the initial
21introduction into commerce of a controlled substance in its
22finished dosage form which it may substantially resemble.
23    Nothing in this subsection (y) prohibits the dispensing or
24distributing of noncontrolled substances by persons authorized
25to dispense and distribute controlled substances under this
26Act, provided that such action would be deemed to be carried

 

 

SB3025- 34 -LRB102 20970 SPS 29867 b

1out in good faith under subsection (u) if the substances
2involved were controlled substances.
3    Nothing in this subsection (y) or in this Act prohibits
4the manufacture, preparation, propagation, compounding,
5processing, packaging, advertising or distribution of a drug
6or drugs by any person registered pursuant to Section 510 of
7the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
8    (y-1) "Mail-order pharmacy" means a pharmacy that is
9located in a state of the United States that delivers,
10dispenses or distributes, through the United States Postal
11Service or other common carrier, to Illinois residents, any
12substance which requires a prescription.
13    (z) "Manufacture" means the production, preparation,
14propagation, compounding, conversion or processing of a
15controlled substance other than methamphetamine, either
16directly or indirectly, by extraction from substances of
17natural origin, or independently by means of chemical
18synthesis, or by a combination of extraction and chemical
19synthesis, and includes any packaging or repackaging of the
20substance or labeling of its container, except that this term
21does not include:
22        (1) by an ultimate user, the preparation or
23    compounding of a controlled substance for his or her own
24    use; or
25        (2) by a practitioner, or his or her authorized agent
26    under his or her supervision, the preparation,

 

 

SB3025- 35 -LRB102 20970 SPS 29867 b

1    compounding, packaging, or labeling of a controlled
2    substance:
3            (a) as an incident to his or her administering or
4        dispensing of a controlled substance in the course of
5        his or her professional practice; or
6            (b) as an incident to lawful research, teaching or
7        chemical analysis and not for sale.
8    (z-1) (Blank).
9    (z-5) "Medication shopping" means the conduct prohibited
10under subsection (a) of Section 314.5 of this Act.
11    (z-10) "Mid-level practitioner" means (i) a physician
12assistant who has been delegated authority to prescribe
13through a written delegation of authority by a physician
14licensed to practice medicine in all of its branches, in
15accordance with Section 7.5 of the Physician Assistant
16Practice Act of 1987, (ii) an advanced practice registered
17nurse who has been delegated authority to prescribe through a
18written delegation of authority by a physician licensed to
19practice medicine in all of its branches or by a podiatric
20physician, in accordance with Section 65-40 of the Nurse
21Practice Act, (iii) an advanced practice registered nurse
22certified as a nurse practitioner, nurse midwife, or clinical
23nurse specialist who has been granted authority to prescribe
24by a hospital affiliate in accordance with Section 65-45 of
25the Nurse Practice Act, (iv) an animal euthanasia agency, or
26(v) a prescribing psychologist.

 

 

SB3025- 36 -LRB102 20970 SPS 29867 b

1    (aa) "Narcotic drug" means any of the following, whether
2produced directly or indirectly by extraction from substances
3of vegetable origin, or independently by means of chemical
4synthesis, or by a combination of extraction and chemical
5synthesis:
6        (1) opium, opiates, derivatives of opium and opiates,
7    including their isomers, esters, ethers, salts, and salts
8    of isomers, esters, and ethers, whenever the existence of
9    such isomers, esters, ethers, and salts is possible within
10    the specific chemical designation; however the term
11    "narcotic drug" does not include the isoquinoline
12    alkaloids of opium;
13        (2) (blank);
14        (3) opium poppy and poppy straw;
15        (4) coca leaves, except coca leaves and extracts of
16    coca leaves from which substantially all of the cocaine
17    and ecgonine, and their isomers, derivatives and salts,
18    have been removed;
19        (5) cocaine, its salts, optical and geometric isomers,
20    and salts of isomers;
21        (6) ecgonine, its derivatives, their salts, isomers,
22    and salts of isomers;
23        (7) any compound, mixture, or preparation which
24    contains any quantity of any of the substances referred to
25    in subparagraphs (1) through (6).
26    (bb) "Nurse" means a registered nurse licensed under the

 

 

SB3025- 37 -LRB102 20970 SPS 29867 b

1Nurse Practice Act.
2    (cc) (Blank).
3    (dd) "Opiate" means any substance having an addiction
4forming or addiction sustaining liability similar to morphine
5or being capable of conversion into a drug having addiction
6forming or addiction sustaining liability.
7    (ee) "Opium poppy" means the plant of the species Papaver
8somniferum L., except its seeds.
9    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
10solution or other liquid form of medication intended for
11administration by mouth, but the term does not include a form
12of medication intended for buccal, sublingual, or transmucosal
13administration.
14    (ff) "Parole and Pardon Board" means the Parole and Pardon
15Board of the State of Illinois or its successor agency.
16    (gg) "Person" means any individual, corporation,
17mail-order pharmacy, government or governmental subdivision or
18agency, business trust, estate, trust, partnership or
19association, or any other entity.
20    (hh) "Pharmacist" means any person who holds a license or
21certificate of registration as a registered pharmacist, a
22local registered pharmacist or a registered assistant
23pharmacist under the Pharmacy Practice Act.
24    (ii) "Pharmacy" means any store, ship or other place in
25which pharmacy is authorized to be practiced under the
26Pharmacy Practice Act.

 

 

SB3025- 38 -LRB102 20970 SPS 29867 b

1    (ii-5) "Pharmacy shopping" means the conduct prohibited
2under subsection (b) of Section 314.5 of this Act.
3    (ii-10) "Physician" (except when the context otherwise
4requires) means a person licensed to practice medicine in all
5of its branches.
6    (jj) "Poppy straw" means all parts, except the seeds, of
7the opium poppy, after mowing.
8    (kk) "Practitioner" means a physician licensed to practice
9medicine in all its branches, dentist, optometrist, podiatric
10physician, naturopathic physician, veterinarian, scientific
11investigator, pharmacist, physician assistant, advanced
12practice registered nurse, licensed practical nurse,
13registered nurse, emergency medical services personnel,
14hospital, laboratory, or pharmacy, or other person licensed,
15registered, or otherwise lawfully permitted by the United
16States or this State to distribute, dispense, conduct research
17with respect to, administer or use in teaching or chemical
18analysis, a controlled substance in the course of professional
19practice or research.
20    (ll) "Pre-printed prescription" means a written
21prescription upon which the designated drug has been indicated
22prior to the time of issuance; the term does not mean a written
23prescription that is individually generated by machine or
24computer in the prescriber's office.
25    (mm) "Prescriber" means a physician licensed to practice
26medicine in all its branches, dentist, optometrist,

 

 

SB3025- 39 -LRB102 20970 SPS 29867 b

1prescribing psychologist licensed under Section 4.2 of the
2Clinical Psychologist Licensing Act with prescriptive
3authority delegated under Section 4.3 of the Clinical
4Psychologist Licensing Act, podiatric physician, naturopathic
5physician, or veterinarian who issues a prescription, a
6physician assistant who issues a prescription for a controlled
7substance in accordance with Section 303.05, a written
8delegation, and a written collaborative agreement required
9under Section 7.5 of the Physician Assistant Practice Act of
101987, an advanced practice registered nurse with prescriptive
11authority delegated under Section 65-40 of the Nurse Practice
12Act and in accordance with Section 303.05, a written
13delegation, and a written collaborative agreement under
14Section 65-35 of the Nurse Practice Act, an advanced practice
15registered nurse certified as a nurse practitioner, nurse
16midwife, or clinical nurse specialist who has been granted
17authority to prescribe by a hospital affiliate in accordance
18with Section 65-45 of the Nurse Practice Act and in accordance
19with Section 303.05, or an advanced practice registered nurse
20certified as a nurse practitioner, nurse midwife, or clinical
21nurse specialist who has full practice authority pursuant to
22Section 65-43 of the Nurse Practice Act.
23    (nn) "Prescription" means a written, facsimile, or oral
24order, or an electronic order that complies with applicable
25federal requirements, of a physician licensed to practice
26medicine in all its branches, dentist, podiatric physician,

 

 

SB3025- 40 -LRB102 20970 SPS 29867 b

1naturopathic physician, or veterinarian for any controlled
2substance, of an optometrist in accordance with Section 15.1
3of the Illinois Optometric Practice Act of 1987, of a
4prescribing psychologist licensed under Section 4.2 of the
5Clinical Psychologist Licensing Act with prescriptive
6authority delegated under Section 4.3 of the Clinical
7Psychologist Licensing Act, of a physician assistant for a
8controlled substance in accordance with Section 303.05, a
9written delegation, and a written collaborative agreement
10required under Section 7.5 of the Physician Assistant Practice
11Act of 1987, of an advanced practice registered nurse with
12prescriptive authority delegated under Section 65-40 of the
13Nurse Practice Act who issues a prescription for a controlled
14substance in accordance with Section 303.05, a written
15delegation, and a written collaborative agreement under
16Section 65-35 of the Nurse Practice Act, of an advanced
17practice registered nurse certified as a nurse practitioner,
18nurse midwife, or clinical nurse specialist who has been
19granted authority to prescribe by a hospital affiliate in
20accordance with Section 65-45 of the Nurse Practice Act and in
21accordance with Section 303.05 when required by law, or of an
22advanced practice registered nurse certified as a nurse
23practitioner, nurse midwife, or clinical nurse specialist who
24has full practice authority pursuant to Section 65-43 of the
25Nurse Practice Act.
26    (nn-5) "Prescription Information Library" (PIL) means an

 

 

SB3025- 41 -LRB102 20970 SPS 29867 b

1electronic library that contains reported controlled substance
2data.
3    (nn-10) "Prescription Monitoring Program" (PMP) means the
4entity that collects, tracks, and stores reported data on
5controlled substances and select drugs pursuant to Section
6316.
7    (oo) "Production" or "produce" means manufacture,
8planting, cultivating, growing, or harvesting of a controlled
9substance other than methamphetamine.
10    (pp) "Registrant" means every person who is required to
11register under Section 302 of this Act.
12    (qq) "Registry number" means the number assigned to each
13person authorized to handle controlled substances under the
14laws of the United States and of this State.
15    (qq-5) "Secretary" means, as the context requires, either
16the Secretary of the Department or the Secretary of the
17Department of Financial and Professional Regulation, and the
18Secretary's designated agents.
19    (rr) "State" includes the State of Illinois and any state,
20district, commonwealth, territory, insular possession thereof,
21and any area subject to the legal authority of the United
22States of America.
23    (rr-5) "Stimulant" means any drug that (i) causes an
24overall excitation of central nervous system functions, (ii)
25causes impaired consciousness and awareness, and (iii) can be
26habit-forming or lead to a substance abuse problem, including

 

 

SB3025- 42 -LRB102 20970 SPS 29867 b

1but not limited to amphetamines and their analogs,
2methylphenidate and its analogs, cocaine, and phencyclidine
3and its analogs.
4    (rr-10) "Synthetic drug" includes, but is not limited to,
5any synthetic cannabinoids or piperazines or any synthetic
6cathinones as provided for in Schedule I.
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. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;
1399-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff.
147-28-16; 100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513,
15eff. 1-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)
 
16    (Text of Section after amendment by P.A. 101-666)
17    Sec. 102. Definitions. As used in this Act, unless the
18context otherwise requires:
19    (a) "Addict" means any person who habitually uses any
20drug, chemical, substance or dangerous drug other than alcohol
21so as to endanger the public morals, health, safety or welfare
22or who is so far addicted to the use of a dangerous drug or
23controlled substance other than alcohol as to have lost the
24power of self control with reference to his or her addiction.
25    (b) "Administer" means the direct application of a

 

 

SB3025- 43 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 44 -LRB102 20970 SPS 29867 b

1    (vi) 4-androstenediol  
2        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
3    (vii) 5-androstenediol  
4        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
5    (viii) 1-androstenedione  
6        ([5alpha]-androst-1-en-3,17-dione), 
7    (ix) 4-androstenedione  
8        (androst-4-en-3,17-dione), 
9    (x) 5-androstenedione  
10        (androst-5-en-3,17-dione), 
11    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
12        hydroxyandrost-4-en-3-one), 
13    (xii) boldenone (17[beta]-hydroxyandrost- 
14        1,4,-diene-3-one), 
15    (xiii) boldione (androsta-1,4- 
16        diene-3,17-dione), 
17    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
18        [beta]-hydroxyandrost-4-en-3-one), 
19    (xv) clostebol (4-chloro-17[beta]- 
20        hydroxyandrost-4-en-3-one), 
21    (xvi) dehydrochloromethyltestosterone (4-chloro- 
22        17[beta]-hydroxy-17[alpha]-methyl- 
23        androst-1,4-dien-3-one), 
24    (xvii) desoxymethyltestosterone 
25    (17[alpha]-methyl-5[alpha] 
26        -androst-2-en-17[beta]-ol)(a.k.a., madol), 

 

 

SB3025- 45 -LRB102 20970 SPS 29867 b

1    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
2        '1-testosterone') (17[beta]-hydroxy- 
3        5[alpha]-androst-1-en-3-one), 
4    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
5        androstan-3-one), 
6    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
7        5[alpha]-androstan-3-one), 
8    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
9        hydroxyestr-4-ene), 
10    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
11        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
12    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
13        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
14    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
15        hydroxyandrostano[2,3-c]-furazan), 
16    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, 
17    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
18        androst-4-en-3-one), 
19    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
20        dihydroxy-estr-4-en-3-one), 
21    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
22        hydroxy-5-androstan-3-one), 
23    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
24        [5a]-androstan-3-one), 
25    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
26        hydroxyandrost-1,4-dien-3-one), 

 

 

SB3025- 46 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 47 -LRB102 20970 SPS 29867 b

1        dihydroxyestr-4-ene), 
2    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
3        dihydroxyestr-4-ene), 
4    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
5        dihydroxyestr-5-ene), 
6    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
7        dihydroxyestr-5-ene), 
8    (xlvii) 19-nor-4,9(10)-androstadienedione  
9        (estra-4,9(10)-diene-3,17-dione), 
10    (xlviii) 19-nor-4-androstenedione (estr-4- 
11        en-3,17-dione), 
12    (xlix) 19-nor-5-androstenedione (estr-5- 
13        en-3,17-dione), 
14    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
15        hydroxygon-4-en-3-one), 
16    (li) norclostebol (4-chloro-17[beta]- 
17        hydroxyestr-4-en-3-one), 
18    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
19        hydroxyestr-4-en-3-one), 
20    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
21        hydroxyestr-4-en-3-one), 
22    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
23        2-oxa-5[alpha]-androstan-3-one), 
24    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
25        dihydroxyandrost-4-en-3-one), 
26    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 

 

 

SB3025- 48 -LRB102 20970 SPS 29867 b

1        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
2    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
3        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
4    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
5        (5[alpha]-androst-1-en-3-one), 
6    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
7        secoandrosta-1,4-dien-17-oic 
8        acid lactone), 
9    (lx) testosterone (17[beta]-hydroxyandrost- 
10        4-en-3-one), 
11    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
12        diethyl-17[beta]-hydroxygon- 
13        4,9,11-trien-3-one), 
14    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
15        11-trien-3-one). 
16    Any person who is otherwise lawfully in possession of an
17anabolic steroid, or who otherwise lawfully manufactures,
18distributes, dispenses, delivers, or possesses with intent to
19deliver an anabolic steroid, which anabolic steroid is
20expressly intended for and lawfully allowed to be administered
21through implants to livestock or other nonhuman species, and
22which is approved by the Secretary of Health and Human
23Services for such administration, and which the person intends
24to administer or have administered through such implants,
25shall not be considered to be in unauthorized possession or to
26unlawfully manufacture, distribute, dispense, deliver, or

 

 

SB3025- 49 -LRB102 20970 SPS 29867 b

1possess with intent to deliver such anabolic steroid for
2purposes of this Act.
3    (d) "Administration" means the Drug Enforcement
4Administration, United States Department of Justice, or its
5successor agency.
6    (d-5) "Clinical Director, Prescription Monitoring Program"
7means a Department of Human Services administrative employee
8licensed to either prescribe or dispense controlled substances
9who shall run the clinical aspects of the Department of Human
10Services Prescription Monitoring Program and its Prescription
11Information Library.
12    (d-10) "Compounding" means the preparation and mixing of
13components, excluding flavorings, (1) as the result of a
14prescriber's prescription drug order or initiative based on
15the prescriber-patient-pharmacist relationship in the course
16of professional practice or (2) for the purpose of, or
17incident to, research, teaching, or chemical analysis and not
18for sale or dispensing. "Compounding" includes the preparation
19of drugs or devices in anticipation of receiving prescription
20drug orders based on routine, regularly observed dispensing
21patterns. Commercially available products may be compounded
22for dispensing to individual patients only if both of the
23following conditions are met: (i) the commercial product is
24not reasonably available from normal distribution channels in
25a timely manner to meet the patient's needs and (ii) the
26prescribing practitioner has requested that the drug be

 

 

SB3025- 50 -LRB102 20970 SPS 29867 b

1compounded.
2    (e) "Control" means to add a drug or other substance, or
3immediate precursor, to a Schedule whether by transfer from
4another Schedule or otherwise.
5    (f) "Controlled Substance" means (i) a drug, substance,
6immediate precursor, or synthetic drug in the Schedules of
7Article II of this Act or (ii) a drug or other substance, or
8immediate precursor, designated as a controlled substance by
9the Department through administrative rule. The term does not
10include distilled spirits, wine, malt beverages, or tobacco,
11as those terms are defined or used in the Liquor Control Act of
121934 and the Tobacco Products Tax Act of 1995.
13    (f-5) "Controlled substance analog" means a substance:
14        (1) the chemical structure of which is substantially
15    similar to the chemical structure of a controlled
16    substance in Schedule I or II;
17        (2) which has a stimulant, depressant, or
18    hallucinogenic effect on the central nervous system that
19    is substantially similar to or greater than the stimulant,
20    depressant, or hallucinogenic effect on the central
21    nervous system of a controlled substance in Schedule I or
22    II; or
23        (3) with respect to a particular person, which such
24    person represents or intends to have a stimulant,
25    depressant, or hallucinogenic effect on the central
26    nervous system that is substantially similar to or greater

 

 

SB3025- 51 -LRB102 20970 SPS 29867 b

1    than the stimulant, depressant, or hallucinogenic effect
2    on the central nervous system of a controlled substance in
3    Schedule I or II.
4    (g) "Counterfeit substance" means a controlled substance,
5which, or the container or labeling of which, without
6authorization bears the trademark, trade name, or other
7identifying mark, imprint, number or device, or any likeness
8thereof, of a manufacturer, distributor, or dispenser other
9than the person who in fact manufactured, distributed, or
10dispensed the substance.
11    (h) "Deliver" or "delivery" means the actual, constructive
12or attempted transfer of possession of a controlled substance,
13with or without consideration, whether or not there is an
14agency relationship.
15    (i) "Department" means the Illinois Department of Human
16Services (as successor to the Department of Alcoholism and
17Substance Abuse) or its successor agency.
18    (j) (Blank).
19    (k) "Department of Corrections" means the Department of
20Corrections of the State of Illinois or its successor agency.
21    (l) "Department of Financial and Professional Regulation"
22means the Department of Financial and Professional Regulation
23of the State of Illinois or its successor agency.
24    (m) "Depressant" means any drug that (i) causes an overall
25depression of central nervous system functions, (ii) causes
26impaired consciousness and awareness, and (iii) can be

 

 

SB3025- 52 -LRB102 20970 SPS 29867 b

1habit-forming or lead to a substance abuse problem, including
2but not limited to alcohol, cannabis and its active principles
3and their analogs, benzodiazepines and their analogs,
4barbiturates and their analogs, opioids (natural and
5synthetic) and their analogs, and chloral hydrate and similar
6sedative hypnotics.
7    (n) (Blank).
8    (o) "Director" means the Director of the Illinois State
9Police or his or her designated agents.
10    (p) "Dispense" means to deliver a controlled substance to
11an ultimate user or research subject by or pursuant to the
12lawful order of a prescriber, including the prescribing,
13administering, packaging, labeling, or compounding necessary
14to prepare the substance for that delivery.
15    (q) "Dispenser" means a practitioner who dispenses.
16    (r) "Distribute" means to deliver, other than by
17administering or dispensing, a controlled substance.
18    (s) "Distributor" means a person who distributes.
19    (t) "Drug" means (1) substances recognized as drugs in the
20official United States Pharmacopoeia, Official Homeopathic
21Pharmacopoeia of the United States, or official National
22Formulary, or any supplement to any of them; (2) substances
23intended for use in diagnosis, cure, mitigation, treatment, or
24prevention of disease in man or animals; (3) substances (other
25than food) intended to affect the structure of any function of
26the body of man or animals and (4) substances intended for use

 

 

SB3025- 53 -LRB102 20970 SPS 29867 b

1as a component of any article specified in clause (1), (2), or
2(3) of this subsection. It does not include devices or their
3components, parts, or accessories.
4    (t-3) "Electronic health record" or "EHR" means an
5electronic record of health-related information on an
6individual that is created, gathered, managed, and consulted
7by authorized health care clinicians and staff.
8    (t-3.5) "Electronic health record system" or "EHR system"
9means any computer-based system or combination of federally
10certified Health IT Modules (defined at 42 CFR 170.102 or its
11successor) used as a repository for electronic health records
12and accessed or updated by a prescriber or authorized
13surrogate in the ordinary course of his or her medical
14practice. For purposes of connecting to the Prescription
15Information Library maintained by the Bureau of Pharmacy and
16Clinical Support Systems or its successor, an EHR system may
17connect to the Prescription Information Library directly or
18through all or part of a computer program or system that is a
19federally certified Health IT Module maintained by a third
20party and used by the EHR system to secure access to the
21database.
22    (t-4) "Emergency medical services personnel" has the
23meaning ascribed to it in the Emergency Medical Services (EMS)
24Systems Act.
25    (t-5) "Euthanasia agency" means an entity certified by the
26Department of Financial and Professional Regulation for the

 

 

SB3025- 54 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 55 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 56 -LRB102 20970 SPS 29867 b

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

 

 

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

 

 

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

 

 

SB3025- 59 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 60 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 61 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 62 -LRB102 20970 SPS 29867 b

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

 

 

SB3025- 63 -LRB102 20970 SPS 29867 b

1written collaborative agreement required under Section 7.5 of
2the Physician Assistant Practice Act of 1987, an advanced
3practice registered nurse with prescriptive authority
4delegated under Section 65-40 of the Nurse Practice Act and in
5accordance with Section 303.05, a written delegation, and a
6written collaborative agreement under Section 65-35 of the
7Nurse Practice Act, an advanced practice registered nurse
8certified as a nurse practitioner, nurse midwife, or clinical
9nurse specialist who has been granted authority to prescribe
10by a hospital affiliate in accordance with Section 65-45 of
11the Nurse Practice Act and in accordance with Section 303.05,
12or an advanced practice registered nurse certified as a nurse
13practitioner, nurse midwife, or clinical nurse specialist who
14has full practice authority pursuant to Section 65-43 of the
15Nurse Practice Act.
16    (nn) "Prescription" means a written, facsimile, or oral
17order, or an electronic order that complies with applicable
18federal requirements, of a physician licensed to practice
19medicine in all its branches, dentist, podiatric physician,
20naturopathic physician, or veterinarian for any controlled
21substance, of an optometrist in accordance with Section 15.1
22of the Illinois Optometric Practice Act of 1987, of a
23prescribing psychologist licensed under Section 4.2 of the
24Clinical Psychologist Licensing Act with prescriptive
25authority delegated under Section 4.3 of the Clinical
26Psychologist Licensing Act, of a physician assistant for a

 

 

SB3025- 64 -LRB102 20970 SPS 29867 b

1controlled substance in accordance with Section 303.05, a
2written delegation, and a written collaborative agreement
3required under Section 7.5 of the Physician Assistant Practice
4Act of 1987, of an advanced practice registered nurse with
5prescriptive authority delegated under Section 65-40 of the
6Nurse Practice Act who issues a prescription for a controlled
7substance in accordance with Section 303.05, a written
8delegation, and a written collaborative agreement under
9Section 65-35 of the Nurse Practice Act, of an advanced
10practice registered nurse certified as a nurse practitioner,
11nurse midwife, or clinical nurse specialist who has been
12granted authority to prescribe by a hospital affiliate in
13accordance with Section 65-45 of the Nurse Practice Act and in
14accordance with Section 303.05 when required by law, or of an
15advanced practice registered nurse certified as a nurse
16practitioner, nurse midwife, or clinical nurse specialist who
17has full practice authority pursuant to Section 65-43 of the
18Nurse Practice Act.
19    (nn-5) "Prescription Information Library" (PIL) means an
20electronic library that contains reported controlled substance
21data.
22    (nn-10) "Prescription Monitoring Program" (PMP) means the
23entity that collects, tracks, and stores reported data on
24controlled substances and select drugs pursuant to Section
25316.
26    (oo) "Production" or "produce" means manufacture,

 

 

SB3025- 65 -LRB102 20970 SPS 29867 b

1planting, cultivating, growing, or harvesting of a controlled
2substance other than methamphetamine.
3    (pp) "Registrant" means every person who is required to
4register under Section 302 of this Act.
5    (qq) "Registry number" means the number assigned to each
6person authorized to handle controlled substances under the
7laws of the United States and of this State.
8    (qq-5) "Secretary" means, as the context requires, either
9the Secretary of the Department or the Secretary of the
10Department of Financial and Professional Regulation, and the
11Secretary's designated agents.
12    (rr) "State" includes the State of Illinois and any state,
13district, commonwealth, territory, insular possession thereof,
14and any area subject to the legal authority of the United
15States of America.
16    (rr-5) "Stimulant" means any drug that (i) causes an
17overall excitation of central nervous system functions, (ii)
18causes impaired consciousness and awareness, and (iii) can be
19habit-forming or lead to a substance abuse problem, including
20but not limited to amphetamines and their analogs,
21methylphenidate and its analogs, cocaine, and phencyclidine
22and its analogs.
23    (rr-10) "Synthetic drug" includes, but is not limited to,
24any synthetic cannabinoids or piperazines or any synthetic
25cathinones as provided for in Schedule I.
26    (ss) "Ultimate user" means a person who lawfully possesses

 

 

SB3025- 66 -LRB102 20970 SPS 29867 b

1a controlled substance for his or her own use or for the use of
2a member of his or her household or for administering to an
3animal owned by him or her or by a member of his or her
4household.
5(Source: P.A. 100-280, eff. 1-1-18; 100-453, eff. 8-25-17;
6100-513, eff. 1-1-18; 100-789, eff. 1-1-19; 100-863, eff.
78-14-18; 101-666, eff. 1-1-22.)
 
8    Section 995. No acceleration or delay. Where this Act
9makes changes in a statute that is represented in this Act by
10text that is not yet or no longer in effect (for example, a
11Section represented by multiple versions), the use of that
12text does not accelerate or delay the taking effect of (i) the
13changes made by this Act or (ii) provisions derived from any
14other Public Act.
 
15    Section 999. Effective date. This Act takes effect upon
16becoming law.