Illinois General Assembly - Full Text of HB3350
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Full Text of HB3350  97th General Assembly



State of Illinois
2011 and 2012


Introduced 2/24/2011, by Rep. Dan Reitz


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

    Creates the Naturopathic Medical Practice Act. Provides for the regulation of naturopathic physicians through licensure by the Department of Financial and Professional Regulation. Establishes the Board of Naturopathic Medicine, the Naturopathic Childbirth Attendance Advisory Committee, and the Naturopathic Formulary Committee. Sets forth provisions concerning licensure, scope of practice, duties of the Department, and administrative procedure. Amends the Illinois Controlled Substances Act to add naturopathic physicians who issue a prescription for a controlled substance in accordance with the naturopathic formulary to the definition of "prescriber".

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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. The practice of naturopathic medicine
7in the State of Illinois is declared to affect the public
8health, safety, and welfare and to be subject to regulation and
9control in the public interest. It is further declared to be a
10matter of public interest and concern that naturopathic
11physicians and the practice of naturopathic medicine, as
12defined in this Act, merit and receive 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. The General Assembly recognizes that
17naturopathic physicians are a distinct health care profession
18that affects the public health, safety, and welfare and
19increases freedom of choice in health care. This Act shall be
20liberally construed to best carry out these subjects and
22    Section 10. Definitions. In this Act:



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1    "Approved naturopathic medical program" means any of the
3        (1) a naturopathic medical education program in the
4    United States accredited by the Council on Naturopathic
5    Medical Education, or an equivalent federally recognized
6    accrediting body for the naturopathic medical profession
7    recognized by the Board, that offers graduate-level
8    full-time didactic and supervised clinical training
9    leading to the degree of Doctor of Naturopathy or Doctor of
10    Naturopathic Medicine and is part of an institution of
11    higher education that is either accredited or is a
12    candidate for accreditation by a regional institutional
13    accrediting agency recognized by the United States
14    Secretary of Education;
15        (2) a full-time structured curriculum, having been not
16    less than 132 weeks in duration, requiring completion
17    within a period of not less than 35 months, and offered
18    prior to the existence of the CNME, in basic sciences and
19    supervised patient care comprising a doctoral naturopathic
20    medical education offered by a degree-granting college or
21    university that is reputable and in good standing in the
22    judgment of the Board; or
23        (3) a full-time structured curriculum, having been not
24    less than 132 weeks in duration and requiring completion
25    within a period of not less than 35 months, in basic
26    sciences and supervised patient care comprising a doctoral



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1    naturopathic medical education offered by a
2    degree-granting college or university in Canada that is
3    reputable and in good standing in the judgment of the Board
4    and has provincial approval for participation in
5    government funded student aid programs; such course, as a
6    prerequisite to graduation therefrom, .
7    "Board" means the Board of Naturopathic Medicine appointed
8by the Secretary.
9    "CNME" means the Council on Naturopathic Medical
11    "Committee" means the Naturopathic Childbirth Attendance
12Advisory Committee.
13    "Council" means the Naturopathic Formulary Council
14comprised of members appointed pursuant to this Act to
15determine and authorize the formulary list.
16    "Department" means the Department of Financial and
17Professional Regulation.
18    "Minor office procedures" means the methods used for the
19repair of and provision of care incidental to superficial
20lacerations and abrasions or superficial lesions and the
21removal of foreign bodies located in the superficial tissues.
22    "Naturopathic childbirth attendance" means the specialty
23practice of natural childbirth by a naturopathic physician that
24meets the additional requirements set forth in this Act, that
25includes the management of normal pregnancy, normal labor and
26delivery, and the normal postpartum period, including normal



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1newborn care.
2    "Naturopathic formulary" means the list of natural
3medicines, nonprescription and prescription that naturopathic
4physicians use in the practice of the profession, as determined
5by the Council and reviewed by the Board.
6    "Naturopathic medicine" means a system of primary health
7care for the prevention, diagnosis, and treatment of human
8health conditions, injury, and disease; the promotion or
9restoration of health; and the support and stimulation of a
10patient's inherent self-healing processes through patient
11education and the use of natural therapies and therapeutic
13    "Naturopathic physician" means a practitioner of
14naturopathic medicine who has been properly licensed for that
15purpose by the Department under this Act. "Naturopathic
16physician" includes all titles and designations associated
17with the practice of naturopathic medicine, including, "doctor
18of naturopathic medicine", "doctor of naturopathy",
19"naturopathic doctor", "naturopath", "doctor of naturopathic
20medicine", "doctor of naturopathy", "naturopathic medical
21doctor", "N.D.", "ND", "N.M.D", and "NMD".
22    "Naturopathic residency" means a post-graduate medical
23education program approved by the Council on Naturopathic
24Medical Education, a subcommittee thereof, or an equivalent
25agency, as recognized by the Board, that provides a structured
26curriculum with diagnosis and management of patients under



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1appropriate levels of supervision for graduates of an approved
2naturopathic medical program.
3    "Prescription drug" means any drug defined by Section
4503(b) of the federal Food, Drug and Cosmetic Act with a label
5that is required to bear the statement "RX only".
6    "Secretary" means the Secretary of Financial and
7Professional Regulation.
8    Section 15. Exemption from civil liability. Exemption from
9civil liability for emergency care is as provided in the Good
10Samaritan Act.
11    While serving upon any professional utilization committee,
12professional review organization, peer review committee,
13mediation committee, board of Secretaries considering matters
14of peer review, or review committee sanctioned by the
15profession, a person shall not be liable for civil damages as a
16result of his or her acts, omissions, or decisions in
17connection with his or her duties on such committees or boards,
18except in cases involving willful or wanton misconduct.
19    Section 20. Exceptions.
20    (a) This Act does not prohibit or restrict any of the
22        (1) Any person licensed to practice medicine in all of
23    its branches under the Medical Practice Act of 1987 who
24    engages in the practice for which he or she is licensed.



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1        (2) The practice of a profession by individuals who are
2    licensed, certified, or registered under the laws of this
3    State who are performing services within their authorized
4    scope of practice.
5        (3) The practice of naturopathic medicine by an
6    individual employed by the government of the United States
7    while the individual is engaged in the performance of
8    duties prescribed by the laws and regulations of the United
9    States.
10        (4) The practice of naturopathic medicine by students
11    enrolled in an approved naturopathic medical college. The
12    performance of services shall be pursuant to a course of
13    instruction or assignments from an instructor and under the
14    supervision of the instructor, who shall be a naturopathic
15    physician licensed under this Act or a duly licensed
16    professional in the instructed field.
17        (5) Any person treating himself or herself or his or
18    her family members based on religious or health beliefs.
19        (6) Any person who sells vitamins and herbs who
20    provides information about such products.
21        (7) Any person or practitioner who recommends any
22    therapy that is within the scope of practice of
23    naturopathic physicians and that is within that
24    individual's legal rights or scope of practice granted by
25    the existing laws of this State.
26    (b) This Act shall not be construed to prohibit the



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1practice of naturopathic medicine by persons who are licensed
2to practice naturopathic medicine in any other state or
3district in the United States who enter this State to consult
4with a naturopathic physician licensed under this Act;
5provided, however, that the consultation is limited to
6examination, recommendation, or testimony in litigation.
7    Section 25. Title and designation.
8    (a) Licensees shall use the title "naturopathic physician"
9and the recognized abbreviation "N.D.".
10    (b) Naturopathic physicians shall have the exclusive right
11to use the terms: "naturopathic physician", "naturopathic
12doctor", "naturopath", "doctor of naturopathic medicine",
13"doctor of naturopathy", "naturopathic medical doctor",
14"naturopathic medicine", "naturopathic health care",
15"naturopathy", "N.D.", "ND", "N.M.D." and "NMD".
16    (c) No person shall represent himself or herself to the
17public as a naturopathic physician, a doctor of naturopathic
18medicine, a doctor of naturopathy, or as being otherwise
19authorized to practice naturopathic medicine in this State
20without first obtaining from the Department a license to
21practice naturopathic medicine under this Act.
22    (d) The titles and designations set forth in this Section
23identify naturopathic physicians and are restricted to
24describing and identifying licensed practitioners.



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1    Section 30. Powers and duties of the Department and the
3    (a) The Department shall exercise the powers and duties
4prescribed by the Civil Administrative Code of Illinois for the
5administration of licensing acts and shall exercise such other
6powers and duties conferred by this Act.
7    (b) The Department may adopt rules consistent with the
8provisions of this Act, for the administration and enforcement
9thereof and may prescribe forms that shall be issued in
10connection therewith.
11    (c) The Department shall adopt the competency-based
12national examination approved by the Board as the naturopathic
13licensing examination.
14    (d) The Secretary shall consider the recommendations of the
15Board on questions involving standards of professional
16conduct, discipline, and qualifications of candidates and
17licensees under this Act.
18    (e) The Department may, at any time, seek the expert advice
19and knowledge of the Board on any matter relating to the
20administration or enforcement of this Act. Notice of proposed
21rulemaking shall be transmitted to the Board and the Department
22shall review the response of the Board and any recommendations
23made in response.
24    (f) The Secretary shall issue licenses, and renewals
25thereof, to all persons who meet the qualifications for
26licensure as determined by the Board.



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1    (g) The Department shall establish rules for continuing
2education as recommended by the Board.
3    (h) The Secretary shall consult the Board on matters
4involving all of the following:
5        (1) The qualifications of candidates who apply for
6    licensure to practice naturopathic medicine in Illinois.
7        (2) The content of any clinical, practical, or
8    residency requirement.
9        (3) The content of rules and proposed rules governing
10    the practice of naturopathic medicine in Illinois.
11        (4) The investigation of complaints from naturopathic
12    physicians and the public and the technical aspects of the
13    complaint;
14        (5) The requirements for issuance and renewal of
15    naturopathic medical licenses.
16    Section 35. Naturopathic Medical Licensing Board.
17    (a) There is hereby created the Naturopathic Medical
18Licensing Board, which shall consist of 7 members appointed by
19the Secretary, 5 of whom shall be licensed naturopathic
20physicians who are in good standing in this State, are
21residents of this State, and have been engaged in the practice
22or instruction of naturopathic medicine for at least 3 years
23and 2 of whom shall be residents of this State who are not, and
24never have been, licensed health care practitioners and hold no
25interest in naturopathic education, naturopathic business, or



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1naturopathic practice.
2    (b) The Secretary shall take into consideration
3recommendations from the Illinois Association of Naturopathic
4Physicians in determining the names of naturopathic physicians
5eligible to serve on the Board.
6    (c) Members shall serve for terms of 4 years and shall
7serve until a successor is appointed, except that, for the
8purpose of staggering terms, the Secretary shall initially
9appoint to the Board 3 members for terms of 4 years each, 2
10members for terms of 3 years each, and 2 members for terms of 2
11years each.
12    (d) Appointments to fill vacancies shall be made in the
13same manner as original appointments, for the unexpired portion
14of the vacated term.
15    (e) The Secretary may remove any member of the Board for
16cause prior to the expiration of the member's term.
17    (f) The Board, within 30 days after its appointment, and at
18least annually thereafter, shall hold a meeting and elect a
19chairperson and vice-chairperson. The Board may hold
20additional meetings at the call of the chair or at the written
21request of any 2 members of the Board. The Board may appoint
22committees as it deems necessary to carry out its duties.
23    (g) A majority of the Board shall constitute a quorum. A
24vacancy in the membership of the Board shall not impair the
25right of the quorum to exercise the rights and perform all of
26the duties of the Board.



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1    (h) Members of the Board shall be immune from suit in any
2action based upon any disciplinary proceedings or other
3activities performed in good faith as members of the Board.
4    (i) The members of the Board shall each receive as
5compensation a reasonable sum as determined by the Secretary
6for each day actually engaged in the duties of office and all
7legitimate and necessary expenses incurred in attending the
8meetings of the Board.
9    Section 40. Duties of the Board.
10    (a) The Board may recommend such rules as are necessary to
11carry out the purposes of this Act and recommend disciplinary
12action as provided for under this Act.
13    (b) The Board shall determine the qualifications of persons
14applying for licensure and define, by rule, the appropriate
15scope of naturopathic medicine in this State, provided however,
16that the scope of practice may not exceed that defined in this
18    (c) The Board shall review the content of rules and
19proposed rules governing the practice of naturopathic medicine
20in Illinois.
21    (d) The Board shall evaluate the content of any clinical,
22practical, or residency requirement.
23    (e) The Board shall grant approval for naturopathic
24childbirth attendance privileges to those licensees who apply,
25provided that such applicants can document training and



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1experience equal to or greater than that required by the
2Childbirth Attendance Advisory Committee.
3    (f) The Board shall establish, by rule, examination
4standards, dates, and locations.
5    (g) The Board shall recommend the minimum amount and type
6of continuing education to be required for each naturopathic
7physician seeking licensure renewal.
8    Section 45. Naturopathic Formulary Council.
9    (a) There is hereby established a Naturopathic Formulary
10Council, separate and distinct from the Board, to be composed
11of 5 members, 2 of whom shall be naturopathic physicians
12licensed under this Act and appointed by the Board, 2 of whom
13shall be pharmacists licensed under Illinois Pharmacy Practice
14Act and appointed by the Board from a list of nominees provided
15by the State Board of Pharmacy, and one of whom shall be a
16physician licensed under the Medical Practice Act of 1987 and
17appointed by the Board from a list of nominees provided by the
18Medical Licensing Board.
19    (b) It shall be the duty of the Council to establish a
20formulary for use by naturopathic physicians. Immediately upon
21adoption or revision of the formulary, the Council shall
22transmit the approved formulary to the Department and the
23Department shall adopt the formulary by temporary rule.
24    (c) The formulary will be reviewed annually by the Council,
25or at any time at the request of the Board.



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1    (d) The formulary list may not go beyond the scope of
2natural medicines, prescription substances and devices covered
3by approved naturopathic education and training and existing
4naturopathic formularies, or continuing education approved by
5the Board.
6    (e) The naturopathic formulary shall not include medicines
7and devices that are inconsistent with the training provided by
8approved naturopathic medical programs.
9    (f) Nothing in this Act shall allow a naturopathic
10physician to dispense, administer, or prescribe any legend drug
11or device as defined in the Illinois Controlled Substance Act,
12unless such prescription drug or legend device is specifically
13included in the naturopathic formulary.
14    Section 50. Naturopathic childbirth attendance.
15    (a) The Secretary shall establish a Naturopathic
16Childbirth Attendance Advisory Committee to issue
17recommendations concerning the practice of naturopathic
18childbirth attendance based upon a review of naturopathic
19medical education and training. The Committee shall be
20comprised of 4 members, one of whom shall be a medical doctor
21with a clinical specialty or board certification in obstetrics,
22one of whom shall be a certified nurse midwife, and 2 of whom
23shall be naturopathic physicians with clinical experience in
24natural childbirth.
25    (b) The Committee shall review naturopathic education and



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1training and make specific recommendations to the Department
2regarding the practice of naturopathic childbirth attendance
3and qualifications for the practice of naturopathic childbirth
4attendance. The Department shall adopt these recommendations
5as rule for use in reviewing all naturopathic physician
6applicants seeking privileges to perform naturopathic
7childbirth attendance.
8    (c) A person must pass the North American Registry of
9Midwives (NARM) examination, or an examination that is
10determined by the Committee to be equivalent, to practice
11naturopathic childbirth attendance.
12    (d) The Committee shall make recommendations to the Board
13concerning the practice of naturopathic childbirth attendance.
14    Section 55. Qualifications for licensure.
15    (a) Applicants for a license to practice naturopathic
16medicine under this Act must submit the following to the Board:
17        (1) an application for licensure designed and approved
18    by the Department;
19        (2) an application fee established by the Department;
20        (3) documentation attesting to the applicant's good,
21    ethical, and professional reputation;
22        (4) evidence that the applicant is a graduate of an
23    approved naturopathic medical program, in accordance with
24    the requirements of this Act, and that he or she has
25    successfully passed a competency-based national



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1    naturopathic licensing examination administered by the
2    North American Board of Naturopathic Examiners or an
3    equivalent agency, as recognized by the Board; and
4        (5) in the case of graduates of degree-granting
5    approved naturopathic medical programs, evidence of
6    successful passage of a State competency examination
7    approved by the Board or a Canadian provincial examination.
8    (b) The Department shall adopt rules instituting a
9naturopathic medicine residency program of no less than one
10year post-doctoral duration with medical schools, teaching
11hospitals, clinics, and private practices. These rules shall be
12consistent with the residency standards of the CNME. The Board
13shall recommend the time upon which residency shall become a
14prerequisite for licensure, and this recommendation shall
15include an assessment of the availability of an adequate number
16of CNME-approved residencies. The Department shall implement a
17mandatory residency program within a reasonable amount of time
18after the effective date of this Act and shall present a
19progress report to the Department on or before October 1, 2007.
20    Section 60. Scope of practice.
21    (a) A naturopathic physician may order and perform physical
22and laboratory examinations consistent with naturopathic
23education and training, for diagnostic purposes, including,
24but not limited to, phlebotomy, clinical laboratory tests,
25orificial examinations, and physiological function tests.



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1    (b) A naturopathic physician may order diagnostic imaging
2studies consistent with naturopathic training.
3    (c) A naturopathic physician may dispense, administer,
4order, and prescribe or perform any of the following:
5        (1) Food, extracts of food, nutraceuticals, vitamins,
6    amino acids, minerals, enzymes, botanicals and their
7    extracts, botanical medicines, homeopathic medicines, all
8    dietary supplements, and nonprescription drugs, as defined
9    by the federal Food, Drug, and Cosmetic Act.
10        (2) Prescription substances as determined by the
11    Naturopathic Formulary Council.
12        (3) Hot or cold hydrotherapy, naturopathic physical
13    medicine, electromagnetic energy, colon hydrotherapy, and
14    therapeutic exercise.
15        (4) Devices, including, but not limited to,
16    therapeutic devices, barrier contraception, and durable
17    medical equipment.
18        (5) Health education and health counseling.
19        (6) Repair and care incidental to superficial
20    lacerations and abrasions.
21        (7) Removal of foreign bodies located in the
22    superficial tissues.
23        (8) Musculoskeletal manipulation consistent with
24    naturopathic education and training, not to exceed level 4
25    high velocity manipulation.
26    (d) A naturopathic physician may utilize routes of



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1administration that include oral, nasal, auricular, ocular,
2rectal, vaginal, transdermal, intradermal, subcutaneous,
3intravenous, and intramuscular and are consistent with the
4education and training of a naturopathic physician.
5    (e) A naturopathic physician may perform those therapies in
6which he or she is trained and educated, and are approved by
7the Board.
8    Section 65. Prohibitions. A naturopathic physician
9licensed under this Act may not do any of the following:
10         (1) Prescribe, dispense, or administer any controlled
11    substance or device identified in the federal Controlled
12    Substance Act, as amended, except as authorized by this
13    Act.
14        (2) Perform surgical procedures other than those minor
15    office procedures authorized by this Act.
16        (3) Practice or claim to practice as a medical doctor,
17    osteopath, dentist, podiatrist, optometrist, psychologist,
18    advanced practice professional nurse, physician assistant,
19    chiropractor, physical therapist, acupuncturist, or any
20    other health care professional not authorized under this
21    Act, unless licensed to do so.
22        (4) Use general or spinal anesthetics.
23        (5) Administer ionizing radioactive substances for
24    therapeutic purposes.
25        (6) Perform surgical procedures using a laser device.



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1        (7) Perform surgical procedures involving the eye,
2    ear, tendons, nerves, veins, or arteries extending beyond
3    superficial tissue.
4        (8) Induce or perform abortions.
5        (9) Treat any lesion suspicious of malignancy or
6    requiring surgical removal. Lesions suspicious of
7    malignancy or requiring surgical removal shall be referred
8    to an appropriately licensed health care professional.
9    Nothing in this Act shall prohibit treatment of a person
10    with suspicious or malignant lesions in collaboration with
11    a physician licensed to practice medicine in all of its
12    branches.
13        (10) Perform acupuncture, unless licensed as an
14    acupuncturist, as defined in the Illinois Acupuncture
15    Practice Act.
16    Section 70. Licensure without examination. The Department
17may issue a license without examination to any applicant who
18submits an application for licensure, together with the
19appropriate fee, and proof acceptable to the Department of
20current licensure in good standing in another state, the
21District of Columbia, or a territory of the United States whose
22standards for licensure are at least equivalent to those of
23this State.
24    Any applicant seeking a license without examination under
25this Section shall provide proof of licensure in good standing



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1in all states in which he or she is licensed.
2    Section 75. License expiration; renewal. The expiration
3date and renewal period for each license issued under this Act
4shall be set by rule. The Department shall adopt rules for
5continuing education required for the renewal of licenses.
6    Section 80. Fees. The fees assessed under this Act shall be
7determined by rule. All fees and fines collected under this Act
8shall be deposited into the General Professions Dedicated Fund.
9All moneys in the Fund shall be used by the Department, as
10appropriated, for the ordinary and contingent expenses of the
12    Section 85. Mandated reporting.
13    (a) The following persons shall report to the Department,
14in writing and within 30 days after becoming aware of such
15information, any information that the person has reason to
16believe indicates that a naturopathic physician is or may be
17medically or legally incompetent, engaged in the unauthorized
18practice of naturopathic medicine, guilty of unprofessional
19conduct, or mentally or physically unable to engage safely in
20the practice of naturopathic medicine:
21        (1) naturopathic physicians licensed under this Act;
22        (2) licensed health care providers;
23        (3) employees of licensed health care institutions in



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1    the State;
2        (4) State agency employees; and
3        (5) State law enforcement personnel.
4    (b) A naturopathic physician's voluntary resignation from
5the staff of a health care institution, voluntary limitation of
6staff privileges, or failure to reapply for hospital privileges
7at such an institution, shall be promptly reported to the
8Department by the health care institution and the licensee, if
9such action occurs while the licensee is under investigation by
10the institution or a committee thereof for any reason related
11to possible medical incompetence, unprofessional conduct, or
12mental or physical impairment.
13    (c) Upon receiving a credible complaint or report
14concerning a licensee, or on its own motion, the Department may
15investigate any evidence of a licensee's medical incompetence,
16unprofessional conduct, or inability to engage safely in the
17practice of medicine due to mental or physical illness.
18    (d) Any person, institution, agency, or organization
19required to report under this Section who does so in good faith
20shall not be subject to civil damages or criminal prosecution
21for so reporting.
22    (e) Within 10 days after receipt of a report mandated under
23this Section, the Secretary shall acknowledge receipt of all
24reports and any complaint against a licensee submitted to the
25Department. Within 10 days thereafter, the Secretary shall
26inform any person or entity whose report or complaint has



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1resulted in action by the Department, of the final disposition
2of the matter.
3    (f) Any person or entity who fails to make a report as
4mandated under this Section may be assessed by the Secretary,
5in his or her discretion and after consultation with the Board,
6a civil penalty. Assessment of a civil penalty pursuant to this
7subsection shall be supported by substantial evidence and may
8be appealed to the circuit court. On appeal, the circuit court
9may receive any relevant evidence supporting or opposing the
10assessment and may affirm or reverse the Secretary's decision.
11    Section 90. Refusal of licensure.
12    (a) The Department may refuse to issue or renew a license
13on any of the following grounds:
14        (1) The conviction of a felony, a criminal conviction
15    record, or a pending criminal charge relating to an
16    offense, the circumstances of which substantially relate
17    to the practice of naturopathic medicine.
18        (2) Impairment related to drugs or alcohol that would
19    limit an applicant's ability to undertake the practice of
20    naturopathic medicine in a manner consistent with the
21    safety of the public.
22        (3) Mental incompetence that impairs an applicant's
23    ability to undertake the practice of naturopathic medicine
24    in a manner consistent with the safety of the public, as
25    determined by a physician.



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1    (b) The Department shall not reinstate the license of a
2naturopathic physician until such time as the Department is
3satisfied that such person has complied with all the terms and
4conditions set forth in the final order and that such person is
5capable of safely engaging in the practice of naturopathic
7    Section 95. Disciplinary action. The following acts
8constitute grounds for denial of a license or disciplinary
10        (1) Attempting to obtain, obtaining, or renewing a
11    license to practice naturopathic medicine by bribery, or by
12    fraudulent misrepresentation.
13        (2) Having a license to practice naturopathic medicine
14    revoked, suspended, or otherwise acted against, including
15    the denial of licensure, by the licensing authority of
16    another state, territory, or country.
17        (3) Being convicted or found guilty, regardless of
18    adjudication, of a crime in any jurisdiction which directly
19    relates to the practice of naturopathic medicine or to the
20    ability to practice naturopathic medicine. Any plea of nolo
21    contendere shall be considered a conviction for purposes of
22    this Act.
23        (4) False, deceptive, or misleading advertising.
24        (5) Advertising, practicing, or attempting to practice
25    under a name other than one's own.



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1        (6) Aiding, assisting, procuring, or advising any
2    unlicensed person to practice naturopathic medicine
3    contrary to this Act or a rule of the Department or the
4    Board.
5        (7) Making or filing a report which the licensee knows
6    to be false, intentionally or negligently failing to file a
7    report or record required by State or federal law, or
8    willfully impeding or obstructing such filing or inducing
9    another person to do so. Such reports or records shall
10    include only those which are signed in the capacity as a
11    licensed naturopathic physician.
12        (8) Paying or receiving any commission, bonus,
13    kickback, or rebate, or engaging in any split-fee
14    arrangement in any form whatsoever with a physician,
15    organization, agency, or person, either directly or
16    indirectly, for patients referred to providers of health
17    care goods and services, including, but not limited to,
18    hospitals, nursing homes, clinical laboratories,
19    ambulatory surgical centers, or pharmacies. The provisions
20    of this paragraph shall not be construed to prevent a
21    doctor of naturopathic medicine or naturopathic physician
22    from receiving a fee for professional consultation
23    services.
24        (9) Exercising influence within a patient-physician
25    relationship for the purposes of engaging a patient in
26    sexual activity. A patient shall be presumed to be



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1    incapable of giving free, full, and informed consent to
2    sexual activity with her or his naturopathic physician.
3        (10) Failing to keep written medical records
4    justifying the course of treatment of the patient,
5    including, but not limited to, patient histories,
6    examination results, test results, imaging results, and
7    records of the prescribing, dispensing, and administering
8    of drugs.
9        (11) Gross or repeated malpractice or the failure to
10    practice naturopathic medicine with that level of care,
11    skill, and treatment that is recognized by a reasonably
12    prudent similarly situated naturopathic physician as being
13    acceptable under similar conditions and circumstances.
14        (12) Delegating professional responsibilities to a
15    person while knowing or having reason to know that the
16    person is not qualified by training, experience, or
17    licensure to perform such responsibilities.
18        (13) Violating any provision of this Act or any rules
19    adopted pursuant to this Act.
20        (14) Selling, fraudulently obtaining, or furnishing
21    any naturopathic diploma, license, record, or registration
22    or aiding or abetting in the same.
23        (15) Practicing naturopathic medicine under the cover
24    of any diploma, license, record, or registration illegally
25    or fraudulently obtained or secured or issued unlawfully or
26    upon fraudulent representations.



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1        (16) Advertising the practice of naturopathic medicine
2    under a name other than one's own or under an assumed name.
3        (17) Falsely impersonating another practitioner of a
4    like or different name.
5        (18) Practicing or advertising the practice of
6    naturopathic medicine or using in connection with one's own
7    name any designation tending to imply or to designate a
8    person as a practitioner of naturopathic medicine without
9    then being lawfully licensed and authorized to practice
10    naturopathic medicine in this State.
11        (19) Practicing naturopathic medicine under a
12    suspended or revoked license.
13    Section 100. Returned checks; fines. Any person who
14delivers a check or other payment to the Department that is
15returned to the Department unpaid by the financial institution
16upon which it is drawn shall pay to the Department, in addition
17to the amount already owed to the Department, a fine of $50.
18The fines imposed by this Section are in addition to any other
19discipline provided under this Act for unlicensed practice or
20practice on a nonrenewed license. The Department shall notify
21the person that fees and fines shall be paid to the Department
22by certified check or money order within 30 calendar days of
23the notification. If, after the expiration of 30 days from the
24date of the notification, the person has failed to submit the
25necessary remittance, the Department shall automatically



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1terminate the license or deny the application, without hearing.
2If, after termination or denial, the person seeks a license, he
3or she shall apply to the Department for restoration or
4issuance of the license and pay all fees and fines due to the
5Department. The Department may establish a fee for the
6processing of an application for restoration of a license to
7defray all expenses of processing the application. The
8Secretary may waive the fines due under this Section in
9individual cases where the Secretary finds that the fines would
10be unreasonable or unnecessarily burdensome.
11    Section 105. Injunctions; cease and desist orders.
12    (a) If any person violates any provision of this Act, the
13Secretary may, in the name of the People of the State of
14Illinois, through the Attorney General of the State of Illinois
15or the State's Attorney of any county in which the action is
16brought, petition for an order enjoining the violation or for
17an order enforcing compliance with this Act. Upon the filing of
18a verified petition in court, the court may issue a temporary
19restraining order, without notice or bond, and may
20preliminarily and permanently enjoin the violation. If it is
21established that the person has violated or is violating the
22injunction, the Court may punish the offender for contempt of
23court. Proceedings under this Section shall be in addition to,
24and not in lieu of, all other remedies and penalties provided
25by this Act.



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1    (b) If any person practices as a naturopathic physician or
2holds himself or herself out as a naturopathic physician
3without being licensed under the provisions of this Act then
4any licensed naturopathic physician, any interested party, or
5any person injured thereby may, in addition to the Secretary,
6petition for relief as provided in subsection (a) of this
8    (c) Whenever in the opinion of the Department any person
9violates any provision of this Act, the Department may issue a
10rule to show cause why an order to cease and desist should not
11be entered against that person. The rule shall clearly set
12forth the grounds relied upon by the Department and shall
13provide a period of 7 days after the date of the rule to file an
14answer to the satisfaction of the Department. Failure to answer
15to the satisfaction of the Department shall cause an order to
16cease and desist to be issued immediately.
17    Section 110. Violation; penalty. Whoever knowingly
18practices or offers to practice naturopathic medicine in this
19State without being licensed for that purpose shall be guilty
20of a Class A misdemeanor.
21    Section 115. Investigation; notice; hearing. The
22Department may investigate the actions of any applicant or of
23any person or persons holding or claiming to hold a license.
24Before refusing to issue, refusing to renew, or taking any



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1disciplinary action regarding a license, the Department shall,
2at least 30 days prior to the date set for the hearing, notify
3in writing the applicant for, or holder of, a license of the
4nature of any charges and that a hearing will be held on a date
5designated. The Department shall direct the applicant or
6licensee to file a written answer with the Committee under oath
7within 20 days after the service of the notice and inform the
8applicant or licensee that failure to file an answer shall
9result in default being taken against the applicant or licensee
10and that the license may be suspended, revoked, or placed on
11probationary status, or that other disciplinary action may be
12taken, including limiting the scope, nature, or extent of
13practice, as the Secretary may deem proper. Written notice may
14be served by personal delivery or certified or registered mail
15to the respondent at the address of his or her last
16notification to the Department. If the person fails to file an
17answer after receiving notice, his or her license may, in the
18discretion of the Department, be suspended, revoked, or placed
19on probationary status, or the Department may take any
20disciplinary action deemed proper, including limiting the
21scope, nature, or extent of the person's practice or the
22imposition of a fine, without a hearing, if the act or acts
23charged constitute sufficient grounds for such action under
24this Act. At the time and place fixed in the notice, the
25Committee shall proceed to hear the charges and the parties or
26their counsel shall be accorded ample opportunity to present



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1such statements, testimony, evidence and argument as may be
2pertinent to the charges or to their defense. The Committee may
3continue a hearing from time to time.
4    Section 120. Formal hearing; preservation of record. The
5Department, at its expense, shall preserve a record of all
6proceedings at the formal hearing of any case. The notice of
7hearing, complaint, and all other documents in the nature of
8pleadings and written motions filed in the proceedings, the
9transcript of testimony, the report of the Committee or hearing
10officer, and order of the Department shall be the record of the
11proceeding. The Department shall furnish a transcript of the
12record to any person interested in the hearing upon payment of
13the fee required under Section 2105-115 of the Department of
14Professional Regulation Law (20 ILCS 2105/2105-115).
15    Section 125. Witnesses; production of documents; contempt.
16Any circuit court may, upon application of the Department or
17its designee or of the applicant or licensee against whom
18proceedings under Section 95 of this Act are pending, enter an
19order requiring the attendance of witnesses and their testimony
20and the production of documents, papers, files, books, and
21records in connection with any hearing or investigation. The
22court may compel obedience to its order by proceedings for



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1    Section 130. Subpoena; oaths. The Department shall have
2power to subpoena and bring before it any person in this State
3and to take testimony either orally or by deposition or both
4with the same fees and mileage and in the same manner as
5prescribed in civil cases in circuit courts of this State.
6    The Secretary, the designated hearing officer, and every
7member of the Committee has power to administer oaths to
8witnesses at any hearing that the Department is authorized to
9conduct and any other oaths authorized in any Act administered
10by the Department. Any circuit court may, upon application of
11the Department or its designee or upon application of the
12person against whom proceedings under this Act are pending,
13enter an order requiring the attendance of witnesses and their
14testimony, and the production of documents, papers, files,
15books and records in connection with any hearing or
16investigation. The court may compel obedience to its order by
17proceedings for contempt.
18    Section 135. Findings of facts, conclusions of law, and
19recommendations. At the conclusion of the hearing the
20Committee shall present to the Secretary a written report of
21its findings of fact, conclusions of law, and recommendations.
22The report shall contain a finding whether or not the accused
23person violated this Act or failed to comply with the
24conditions required in this Act. The Committee shall specify
25the nature of the violation or failure to comply and shall make



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1its recommendations to the Secretary.
2     The report of findings of fact, conclusions of law, and
3recommendations of the Committee shall be the basis for the
4Department's order. If the Secretary disagrees in any regard
5with the report of the Committee, the Secretary may issue an
6order in contravention of the report. The finding is not
7admissible in evidence against the person in a criminal
8prosecution brought for the violation of this Act, but the
9hearing and findings are not a bar to a criminal prosecution
10brought for the violation of this Act.
11    Section 140. Hearing officer. The Secretary shall have the
12authority to appoint any attorney duly licensed to practice law
13in the State of Illinois to serve as the hearing officer in any
14action for Departmental refusal to issue, renew, or license an
15applicant, or disciplinary action against a licensee. The
16hearing officer shall have full authority to conduct the
17hearing. The hearing officer shall report his or her findings
18of fact, conclusions of law, and recommendations to the
19Committee and the Secretary. The Committee shall have 60
20calendar days from receipt of the report to review the report
21of the hearing officer and present its findings of fact,
22conclusions of law, and recommendations to the Secretary. If
23the Committee fails to present its report within the 60
24calendar day period, the Secretary may issue an order based on
25the report of the hearing officer. If the Secretary disagrees



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1with the recommendation of the Committee or hearing officer, he
2or she may issue an order in contravention of that
4    Section 145. Service of report; rehearing; order. In any
5case involving the discipline of a license, a copy of the
6Committee's report shall be served upon the respondent by the
7Department, either personally or as provided in this Act for
8the service of the notice of hearing. Within 20 days after the
9service, the respondent may present to the Department a motion
10in writing for a rehearing that shall specify the particular
11grounds for rehearing. If no motion for rehearing is filed,
12then upon the expiration of the time specified for filing a
13motion, or if a motion for rehearing is denied, then upon the
14denial the Secretary may enter an order in accordance with this
15Act. If the respondent orders from the reporting service and
16pays for a transcript of the record within the time for filing
17a motion for rehearing, the 20 calendar day period within which
18the motion may be filed shall commence upon the delivery of the
19transcript to the respondent.
20    Section 150. Substantial justice to be done; rehearing.
21Whenever the Secretary is satisfied that substantial justice
22has not been done in the revocation, suspension, or refusal to
23issue or renew a license, the Secretary may order a rehearing
24by the same or another hearing officer or by the Committee.



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1    Section 155. Order or certified copy as prima facie proof.
2An order or a certified copy thereof, over the seal of the
3Department and purporting to be signed by the Secretary, shall
4be prima facie proof:
5    (a) that the signature is the genuine signature of the
7    (b) that such Secretary is duly appointed and qualified;
8    (c) that the Committee and its members are qualified to
10    Section 160. Restoration of license. At any time after the
11suspension or revocation of any license the Department may
12restore the license to the accused person, unless after an
13investigation and a hearing the Department determines that
14restoration is not in the public interest.
15    Section 165. Surrender of license. Upon the revocation or
16suspension of any license, the licensee shall immediately
17surrender the license to the Department. If the licensee fails
18to do so, the Department shall have the right to seize the
20    Section 170. Imminent danger to public; summary
21suspension. The Secretary may summarily suspend the license of
22a naturopathic physician without a hearing, simultaneously



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1with the institution of proceedings for a hearing provided for
2in this Act, if the Secretary finds that evidence in his or her
3possession indicates that continuation in practice would
4constitute an imminent danger to the public. In the event that
5the Secretary summarily suspends a license without a hearing, a
6hearing by the Department must be held within 30 days after the
7suspension has occurred.
8    Section 175. Review under Administrative Review Law. All
9final administrative decisions of the Department are subject to
10judicial review under the Administrative Review Law and its
11rules. The term "administrative decision" is defined as in
12Section 3 101 of the Code of Civil Procedure.
13    Section 180. The Department shall not be required to
14certify any record to the Court or file any answer in court or
15otherwise appear in any court in a judicial review proceeding,
16unless there is filed in the court, with the complaint, a
17receipt from the Department acknowledging payment of the costs
18of furnishing and certifying the record. Failure on the part
19of the plaintiff to file a receipt in court shall be grounds
20for dismissal of the action.
21    Section 185. Administrative Procedure Act. The Illinois
22Administrative Procedure Act is expressly adopted and
23incorporated in this Act as if all of the provisions of that



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1Act were included in this Act, except that the provision of
2paragraph (d) of Section 10 65 of the Illinois Administrative
3Procedure Act, which provides that at hearings the licensee has
4the right to show compliance with all lawful requirements for
5retention, continuation, or renewal of the license, is
6specifically excluded. For the purpose of this Act, the notice
7required under Section 10 25 of the Administrative Procedure
8Act is deemed sufficient when mailed to the last known address
9of a party.
10    Section 190. Severability. If any provision of this Act or
11its application to any person or circumstance is held invalid,
12the remainder of the act or the application of the provision to
13other persons or circumstances is not affected.
14    Section 195. The Illinois Controlled Substances Act is
15amended by changing Section 102 as follows:
16    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
17    Sec. 102. Definitions. As used in this Act, unless the
18context otherwise requires:
19    (a) "Addict" means any person who habitually uses any drug,
20chemical, substance or dangerous drug other than alcohol so as
21to endanger the public morals, health, safety or welfare or who
22is so far addicted to the use of a dangerous drug or controlled
23substance other than alcohol as to have lost the power of self



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1control with reference to his addiction.
2    (b) "Administer" means the direct application of a
3controlled substance, whether by injection, inhalation,
4ingestion, or any other means, to the body of a patient,
5research subject, or animal (as defined by the Humane
6Euthanasia in Animal Shelters Act) by:
7        (1) a practitioner (or, in his presence, by his
8    authorized agent),
9        (2) the patient or research subject at the lawful
10    direction of the practitioner, or
11        (3) a euthanasia technician as defined by the Humane
12    Euthanasia in Animal Shelters Act.
13    (c) "Agent" means an authorized person who acts on behalf
14of or at the direction of a manufacturer, distributor, or
15dispenser. It does not include a common or contract carrier,
16public warehouseman or employee of the carrier or warehouseman.
17    (c-1) "Anabolic Steroids" means any drug or hormonal
18substance, chemically and pharmacologically related to
19testosterone (other than estrogens, progestins, and
20corticosteroids) that promotes muscle growth, and includes:
21            (i) boldenone,
22            (ii) chlorotestosterone,
23            (iii) chostebol,
24            (iv) dehydrochlormethyltestosterone,
25            (v) dihydrotestosterone,
26            (vi) drostanolone,



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1            (vii) ethylestrenol,
2            (viii) fluoxymesterone,
3            (ix) formebulone,
4            (x) mesterolone,
5            (xi) methandienone,
6            (xii) methandranone,
7            (xiii) methandriol,
8            (xiv) methandrostenolone,
9            (xv) methenolone,
10            (xvi) methyltestosterone,
11            (xvii) mibolerone,
12            (xviii) nandrolone,
13            (xix) norethandrolone,
14            (xx) oxandrolone,
15            (xxi) oxymesterone,
16            (xxii) oxymetholone,
17            (xxiii) stanolone,
18            (xxiv) stanozolol,
19            (xxv) testolactone,
20            (xxvi) testosterone,
21            (xxvii) trenbolone, and
22            (xxviii) any salt, ester, or isomer of a drug or
23        substance described or listed in this paragraph, if
24        that salt, ester, or isomer promotes muscle growth.
25    Any person who is otherwise lawfully in possession of an
26anabolic steroid, or who otherwise lawfully manufactures,



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1distributes, dispenses, delivers, or possesses with intent to
2deliver an anabolic steroid, which anabolic steroid is
3expressly intended for and lawfully allowed to be administered
4through implants to livestock or other nonhuman species, and
5which is approved by the Secretary of Health and Human Services
6for such administration, and which the person intends to
7administer or have administered through such implants, shall
8not be considered to be in unauthorized possession or to
9unlawfully manufacture, distribute, dispense, deliver, or
10possess with intent to deliver such anabolic steroid for
11purposes of this Act.
12    (d) "Administration" means the Drug Enforcement
13Administration, United States Department of Justice, or its
14successor agency.
15    (e) "Control" means to add a drug or other substance, or
16immediate precursor, to a Schedule under Article II of this Act
17whether by transfer from another Schedule or otherwise.
18    (f) "Controlled Substance" means a drug, substance, or
19immediate precursor in the Schedules of Article II of this Act.
20    (g) "Counterfeit substance" means a controlled substance,
21which, or the container or labeling of which, without
22authorization bears the trademark, trade name, or other
23identifying mark, imprint, number or device, or any likeness
24thereof, of a manufacturer, distributor, or dispenser other
25than the person who in fact manufactured, distributed, or
26dispensed the substance.



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1    (h) "Deliver" or "delivery" means the actual, constructive
2or attempted transfer of possession of a controlled substance,
3with or without consideration, whether or not there is an
4agency relationship.
5    (i) "Department" means the Illinois Department of Human
6Services (as successor to the Department of Alcoholism and
7Substance Abuse) or its successor agency.
8    (j) "Department of State Police" means the Department of
9State Police of the State of Illinois or its successor agency.
10    (k) "Department of Corrections" means the Department of
11Corrections of the State of Illinois or its successor agency.
12    (l) "Department of Professional Regulation" means the
13Department of Professional Regulation of the State of Illinois
14or its successor agency.
15    (m) "Depressant" or "stimulant substance" means:
16        (1) a drug which contains any quantity of (i)
17    barbituric acid or any of the salts of barbituric acid
18    which has been designated as habit forming under section
19    502 (d) of the Federal Food, Drug, and Cosmetic Act (21
20    U.S.C. 352 (d)); or
21        (2) a drug which contains any quantity of (i)
22    amphetamine or methamphetamine and any of their optical
23    isomers; (ii) any salt of amphetamine or methamphetamine or
24    any salt of an optical isomer of amphetamine; or (iii) any
25    substance which the Department, after investigation, has
26    found to be, and by rule designated as, habit forming



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1    because of its depressant or stimulant effect on the
2    central nervous system; or
3        (3) lysergic acid diethylamide; or
4        (4) any drug which contains any quantity of a substance
5    which the Department, after investigation, has found to
6    have, and by rule designated as having, a potential for
7    abuse because of its depressant or stimulant effect on the
8    central nervous system or its hallucinogenic effect.
9    (n) (Blank).
10    (o) "Director" means the Director of the Department of
11State Police or the Department of Professional Regulation or
12his designated agents.
13    (p) "Dispense" means to deliver a controlled substance to
14an ultimate user or research subject by or pursuant to the
15lawful order of a prescriber, including the prescribing,
16administering, packaging, labeling, or compounding necessary
17to prepare the substance for that delivery.
18    (q) "Dispenser" means a practitioner who dispenses.
19    (r) "Distribute" means to deliver, other than by
20administering or dispensing, a controlled substance.
21    (s) "Distributor" means a person who distributes.
22    (t) "Drug" means (1) substances recognized as drugs in the
23official United States Pharmacopoeia, Official Homeopathic
24Pharmacopoeia of the United States, or official National
25Formulary, or any supplement to any of them; (2) substances
26intended for use in diagnosis, cure, mitigation, treatment, or



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1prevention of disease in man or animals; (3) substances (other
2than food) intended to affect the structure of any function of
3the body of man or animals and (4) substances intended for use
4as a component of any article specified in clause (1), (2), or
5(3) of this subsection. It does not include devices or their
6components, parts, or accessories.
7    (t-5) "Euthanasia agency" means an entity certified by the
8Department of Professional Regulation for the purpose of animal
9euthanasia that holds an animal control facility license or
10animal shelter license under the Animal Welfare Act. A
11euthanasia agency is authorized to purchase, store, possess,
12and utilize Schedule II nonnarcotic and Schedule III
13nonnarcotic drugs for the sole purpose of animal euthanasia.
14    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
15substances (nonnarcotic controlled substances) that are used
16by a euthanasia agency for the purpose of animal euthanasia.
17    (u) "Good faith" means the prescribing or dispensing of a
18controlled substance by a practitioner in the regular course of
19professional treatment to or for any person who is under his
20treatment for a pathology or condition other than that
21individual's physical or psychological dependence upon or
22addiction to a controlled substance, except as provided herein:
23and application of the term to a pharmacist shall mean the
24dispensing of a controlled substance pursuant to the
25prescriber's order which in the professional judgment of the
26pharmacist is lawful. The pharmacist shall be guided by



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1accepted professional standards including, but not limited to
2the following, in making the judgment:
3        (1) lack of consistency of doctor-patient
4    relationship,
5        (2) frequency of prescriptions for same drug by one
6    prescriber for large numbers of patients,
7        (3) quantities beyond those normally prescribed,
8        (4) unusual dosages,
9        (5) unusual geographic distances between patient,
10    pharmacist and prescriber,
11        (6) consistent prescribing of habit-forming drugs.
12    (u-1) "Home infusion services" means services provided by a
13pharmacy in compounding solutions for direct administration to
14a patient in a private residence, long-term care facility, or
15hospice setting by means of parenteral, intravenous,
16intramuscular, subcutaneous, or intraspinal infusion.
17    (v) "Immediate precursor" means a substance:
18        (1) which the Department has found to be and by rule
19    designated as being a principal compound used, or produced
20    primarily for use, in the manufacture of a controlled
21    substance;
22        (2) which is an immediate chemical intermediary used or
23    likely to be used in the manufacture of such controlled
24    substance; and
25        (3) the control of which is necessary to prevent,
26    curtail or limit the manufacture of such controlled



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



HB3350- 44 -LRB097 08239 CEL 48365 b

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



HB3350- 45 -LRB097 08239 CEL 48365 b

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



HB3350- 46 -LRB097 08239 CEL 48365 b

1of natural origin, or independently by means of chemical
2synthesis, or by a combination of extraction and chemical
4        (1) opium and opiate, and any salt, compound,
5    derivative, or preparation of opium or opiate;
6        (2) any salt, compound, isomer, derivative, or
7    preparation thereof which is chemically equivalent or
8    identical with any of the substances referred to in clause
9    (1), but not including the isoquinoline alkaloids of opium;
10        (3) opium poppy and poppy straw;
11        (4) coca leaves and any salts, compound, isomer, salt
12    of an isomer, derivative, or preparation of coca leaves
13    including cocaine or ecgonine, and any salt, compound,
14    isomer, derivative, or preparation thereof which is
15    chemically equivalent or identical with any of these
16    substances, but not including decocainized coca leaves or
17    extractions of coca leaves which do not contain cocaine or
18    ecgonine (for the purpose of this paragraph, the term
19    "isomer" includes optical, positional and geometric
20    isomers).
21    (bb) "Nurse" means a registered nurse licensed under the
22Nurse Practice Act.
23    (cc) (Blank).
24    (dd) "Opiate" means any substance having an addiction
25forming or addiction sustaining liability similar to morphine
26or being capable of conversion into a drug having addiction



HB3350- 47 -LRB097 08239 CEL 48365 b

1forming or addiction sustaining liability.
2    (ee) "Opium poppy" means the plant of the species Papaver
3somniferum L., except its seeds.
4    (ff) "Parole and Pardon Board" means the Parole and Pardon
5Board of the State of Illinois or its successor agency.
6    (gg) "Person" means any individual, corporation,
7mail-order pharmacy, government or governmental subdivision or
8agency, business trust, estate, trust, partnership or
9association, or any other entity.
10    (hh) "Pharmacist" means any person who holds a license or
11certificate of registration as a registered pharmacist, a local
12registered pharmacist or a registered assistant pharmacist
13under the Pharmacy Practice Act.
14    (ii) "Pharmacy" means any store, ship or other place in
15which pharmacy is authorized to be practiced under the Pharmacy
16Practice Act.
17    (jj) "Poppy straw" means all parts, except the seeds, of
18the opium poppy, after mowing.
19    (kk) "Practitioner" means a physician licensed to practice
20medicine in all its branches, dentist, optometrist,
21podiatrist, veterinarian, scientific investigator, pharmacist,
22physician assistant, advanced practice nurse, licensed
23practical nurse, registered nurse, hospital, laboratory, or
24pharmacy, or other person licensed, registered, or otherwise
25lawfully permitted by the United States or this State to
26distribute, dispense, conduct research with respect to,



HB3350- 48 -LRB097 08239 CEL 48365 b

1administer or use in teaching or chemical analysis, a
2controlled substance in the course of professional practice or
4    (ll) "Pre-printed prescription" means a written
5prescription upon which the designated drug has been indicated
6prior to the time of issuance.
7    (mm) "Prescriber" means a physician licensed to practice
8medicine in all its branches, dentist, optometrist, podiatrist
9or veterinarian who issues a prescription, a physician
10assistant who issues a prescription for a controlled substance
11in accordance with Section 303.05, a written delegation, and a
12written supervision agreement required under Section 7.5 of the
13Physician Assistant Practice Act of 1987, or an advanced
14practice nurse with prescriptive authority delegated under
15Section 65-40 of the Nurse Practice Act and in accordance with
16Section 303.05, a written delegation, and a written
17collaborative agreement under Section 65-35 of the Nurse
18Practice Act, or a naturopathic physician who issues a
19prescription for a controlled substance in accordance with the
20naturopathic formulary established under Section 45 of the
21Naturopathic Medical Practice Act.
22    (nn) "Prescription" means a lawful written, facsimile, or
23verbal order of a physician licensed to practice medicine in
24all its branches, dentist, podiatrist or veterinarian for any
25controlled substance, of an optometrist for a Schedule III, IV,
26or V controlled substance in accordance with Section 15.1 of



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1the Illinois Optometric Practice Act of 1987, of a physician
2assistant for a controlled substance in accordance with Section
3303.05, a written delegation, and a written supervision
4agreement required under Section 7.5 of the Physician Assistant
5Practice Act of 1987, or of an advanced practice nurse with
6prescriptive authority delegated under Section 65-40 of the
7Nurse Practice Act who issues a prescription for a controlled
8substance in accordance with Section 303.05, a written
9delegation, and a written collaborative agreement under
10Section 65-35 of the Nurse Practice Act.
11    (oo) "Production" or "produce" means manufacture,
12planting, cultivating, growing, or harvesting of a controlled
13substance other than methamphetamine.
14    (pp) "Registrant" means every person who is required to
15register under Section 302 of this Act.
16    (qq) "Registry number" means the number assigned to each
17person authorized to handle controlled substances under the
18laws of the United States and of this State.
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    (ss) "Ultimate user" means a person who lawfully possesses
24a controlled substance for his own use or for the use of a
25member of his household or for administering to an animal owned
26by him or by a member of his household.



HB3350- 50 -LRB097 08239 CEL 48365 b

1(Source: P.A. 95-242, eff. 1-1-08; 95-639, eff. 10-5-07;
295-689, eff. 10-29-07; 95-876, eff. 8-21-08; 96-189, eff.
38-10-09; 96-268, eff. 8-11-09.)