Full Text of SB3329 97th General Assembly
SB3329sam001 97TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 3/1/2012
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| 1 | | AMENDMENT TO SENATE BILL 3329
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3329 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Clinical Psychologist Licensing Act is | 5 | | amended by changing Sections 2 and 15 and by adding Sections | 6 | | 4.1, 4.2, 4.3, 4.4, 4.5, and 4.6 as follows:
| 7 | | (225 ILCS 15/2) (from Ch. 111, par. 5352)
| 8 | | (Section scheduled to be repealed on January 1, 2017)
| 9 | | Sec. 2. Definitions. As used in this Act:
| 10 | | (1) "Department" means the Department of Financial and
| 11 | | Professional Regulation.
| 12 | | (2) "Secretary" means the Secretary
of Financial and | 13 | | Professional Regulation.
| 14 | | (3) "Board" means the Clinical Psychologists Licensing
| 15 | | and
Disciplinary
Board appointed by the Secretary.
| 16 | | (4) "Person" means an individual, association, |
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| 1 | | partnership or corporation.
| 2 | | (5) "Clinical psychology" means the independent
| 3 | | evaluation, classification and treatment of mental, | 4 | | emotional, behavioral
or nervous disorders or conditions, | 5 | | developmental disabilities, alcoholism
and substance | 6 | | abuse, disorders of habit or conduct, the psychological
| 7 | | aspects of physical illness. The practice of clinical | 8 | | psychology includes
psychoeducational evaluation, therapy, | 9 | | remediation and consultation, the
use of psychological and | 10 | | neuropsychological testing, assessment,
psychotherapy, | 11 | | psychoanalysis, hypnosis, biofeedback, and behavioral
| 12 | | modification when any of these are used for the purpose of | 13 | | preventing or
eliminating psychopathology, or for the | 14 | | amelioration of psychological
disorders of individuals or | 15 | | groups. "Clinical psychology" does not include
the use of | 16 | | hypnosis by unlicensed persons
pursuant to Section 3.
| 17 | | (6) A person represents himself to be a "clinical | 18 | | psychologist" within
the meaning of this Act when he or she | 19 | | holds himself out to the public by
any title or description | 20 | | of services incorporating the words "psychological",
| 21 | | "psychologic", "psychologist", "psychology", or "clinical | 22 | | psychologist" or
under such title or description offers to | 23 | | render or renders clinical
psychological services as | 24 | | defined in paragraph (7) of this Section to
individuals, | 25 | | corporations, or the public for remuneration.
| 26 | | (7) "Clinical psychological services" refers to any |
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| 1 | | services under
paragraph (5) of this Section if the words | 2 | | "psychological", "psychologic",
"psychologist", | 3 | | "psychology" or "clinical psychologist" are used to
| 4 | | describe such services by the person or
organization | 5 | | offering to render or rendering them.
| 6 | | (8) "Drugs" has the meaning given to that term in the | 7 | | Pharmacy Practice Act. | 8 | | (9) "Medicines" has the meaning given to that term in | 9 | | the Pharmacy Practice Act. | 10 | | (10) "Prescription" means an order for a drug, | 11 | | laboratory test, or any medicines, devices, or treatments, | 12 | | including controlled substances, as defined by State law. | 13 | | (11) "Prescriptive authority" means the authority to | 14 | | prescribe and dispense drugs, medicines, or other | 15 | | treatment procedures. | 16 | | (12) "Prescribing psychologist" means a licensed, | 17 | | doctoral level psychologist who has undergone specialized | 18 | | training, has passed an examination accepted by the Board, | 19 | | and has received a current certificate granting | 20 | | prescriptive authority that has not been revoked or | 21 | | suspended from the Board. | 22 | | This Act shall not apply to persons lawfully carrying on | 23 | | their particular
profession or business under any valid | 24 | | existing regulatory Act of the State.
| 25 | | (Source: P.A. 94-870, eff. 6-16-06.)
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| 1 | | (225 ILCS 15/4.1 new) | 2 | | (Section scheduled to be repealed on January 1, 2017) | 3 | | Sec. 4.1. Prescribing psychologist certification; | 4 | | prescriptive authority. The Board shall grant certification as | 5 | | prescribing psychologists to doctoral level psychologists | 6 | | licensed under this Act. This certification shall grant | 7 | | prescribing psychologists prescriptive authority to prescribe | 8 | | and dispense those drugs used in the treatment of mental, | 9 | | emotional, and psychological disorders in accordance with | 10 | | applicable State and federal laws. The Board shall develop and | 11 | | implement procedures and criteria for reviewing educational | 12 | | and training credentials for the certification process and the | 13 | | extent of prescriptive authority, in accordance with current | 14 | | standards of professional practice. The Board may seek the | 15 | | advice of other State agencies with relevant experience in | 16 | | devising certification procedures and criteria. | 17 | | (225 ILCS 15/4.2 new) | 18 | | (Section scheduled to be repealed on January 1, 2017) | 19 | | Sec. 4.2. Prescribing psychologist certification | 20 | | application requirements. | 21 | | (a) The Department shall grant prescribing psychologist | 22 | | certification to a psychologist who applies for certification | 23 | | and demonstrates, by official transcript or other official | 24 | | evidence satisfactory to the Board: | 25 | | (1) the completion of a doctoral program in psychology |
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| 1 | | from a regionally accredited university or professional | 2 | | school or, if the program is not accredited at the time of | 3 | | graduation, completion of a doctoral program in psychology | 4 | | that meets recognized acceptable professional standards, | 5 | | as determined by the Board; | 6 | | (2) possession of a current and valid license to | 7 | | practice psychology in this State; | 8 | | (3) the completion of an organized program of intensive | 9 | | didactic instruction, as defined by the Board, within the | 10 | | 5-year period immediately before the date of application, | 11 | | consisting of a minimum of 450 contact hours and the | 12 | | following core areas of instruction: | 13 | | (A) neuroscience; | 14 | | (B) pharmacology; | 15 | | (C) psychopharmacology; | 16 | | (D) physiology; | 17 | | (E) pathophysiology; | 18 | | (F) appropriate and relevant physical and
| 19 | | laboratory assessment; and | 20 | | (G) clinical pharmacotherapeutics; | 21 | | (4) the procurement of supervised and relevant | 22 | | clinical experience sufficient to achieve competency in | 23 | | the treatment of a diverse patient population under the | 24 | | direction of qualified practitioners, as determined by the | 25 | | Board, within the 5-year period immediately preceding the | 26 | | date of application that includes the pharmacological |
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| 1 | | treatment of a minimum of 100 patients under the full | 2 | | supervision and control of a designated qualified | 3 | | practitioner who shall then certify the clinical | 4 | | competency of the candidate for certification; and the | 5 | | completion of a minimum of 80 hours of supervised training | 6 | | in physical assessment under the full supervision and | 7 | | control of a designated qualified practitioner; and | 8 | | (5) the successful completion of a certifying | 9 | | examination stipulated by the Board. | 10 | | (b) The Department shall grant certification to a | 11 | | psychologist who applies for certification as a prescribing | 12 | | psychologist and has completed the requirements specified in | 13 | | subsection (a). If an applicant has met the academic | 14 | | requirements in paragraph (3) of subsection (a) more than 5 | 15 | | years prior to the application for prescriptive authority, then | 16 | | the applicant shall complete 24 hours of continuing education | 17 | | in the 2 years immediately prior to application, as specified | 18 | | in
Section 4.3 of this Act to be eligible for certification as | 19 | | a prescribing psychologist. | 20 | | (225 ILCS 15/4.3 new) | 21 | | (Section scheduled to be repealed on January 1, 2017) | 22 | | Sec. 4.3. Renewal of prescribing psychologist | 23 | | certification. | 24 | | (a) The Board shall establish, by rule, a method for the | 25 | | annual renewal of prescribing psychologist certification at |
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| 1 | | the time of or in conjunction with the renewal of clinical | 2 | | psychology licenses. | 3 | | (b) Each applicant for renewal of prescribing psychologist | 4 | | certification shall present satisfactory evidence to the Board | 5 | | demonstrating the completion of 24 required hours of | 6 | | instruction relevant to prescriptive authority during the 24 | 7 | | months prior to application for renewal. | 8 | | (225 ILCS 15/4.4 new) | 9 | | (Section scheduled to be repealed on January 1, 2017) | 10 | | Sec. 4.4. Prescribing practices. | 11 | | (a) Every prescription by a prescribing psychologist shall | 12 | | (i) comply with all applicable State and federal laws, (ii) be | 13 | | identified as issued by the psychologist as a prescribing | 14 | | psychologist, and (iii) include the prescribing psychologist's | 15 | | identification number, as assigned by the Board. | 16 | | (b) Records of all prescriptions shall be maintained in | 17 | | patient records. | 18 | | (c) A prescribing psychologist shall not delegate the | 19 | | prescriptive authority to any other person. | 20 | | (d) A prescribing psychologist shall maintain an ongoing | 21 | | collaborative relationship with the health care practitioner | 22 | | who oversees the patient's general medical care to ensure that | 23 | | (i) all necessary medical examinations are conducted, (ii) all | 24 | | medical and psychological issues are discussed, (iii) no | 25 | | prescribed medications are contraindicated, and (iv) all |
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| 1 | | significant changes in the patient's medical or psychological | 2 | | condition are communicated. | 3 | | (e) For the purposes of this Section: | 4 | | "Collaborative relationship" means a cooperative working | 5 | | relationship between a prescribing psychologist and a health | 6 | | care practitioner in the provision of patient care, including | 7 | | diagnosis and cooperation in the management and delivery of | 8 | | physical and mental health care. | 9 | | "Health care practitioner" means a health care | 10 | | professional who prescribes independently. | 11 | | (225 ILCS 15/4.5 new) | 12 | | (Section scheduled to be repealed on January 1, 2017) | 13 | | Sec. 4.5. Controlled substance prescriptive authority. | 14 | | (a) When authorized to prescribe controlled substances, a | 15 | | prescribing psychologist shall file, in a timely manner, any | 16 | | individual Drug Enforcement Agency (DEA) registrations and | 17 | | identification numbers with the Board. | 18 | | (b) The Board shall maintain current records of every | 19 | | prescribing psychologist, including DEA registration and | 20 | | identification numbers. | 21 | | (225 ILCS 15/4.6 new) | 22 | | (Section scheduled to be repealed on January 1, 2017) | 23 | | Sec. 4.6. State Board of Pharmacy interaction. | 24 | | (a) The Board shall transmit to the State Board of Pharmacy |
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| 1 | | an annual list of prescribing psychologists containing the | 2 | | following information: | 3 | | (1) the name of the psychologist; | 4 | | (2) the prescribing psychologist's identification | 5 | | number assigned by the Board; and | 6 | | (3) the effective dates of the prescribing | 7 | | psychologist's certification. | 8 | | (b) The Board shall promptly forward to the Board of | 9 | | Pharmacy the names and titles of psychologists added to or | 10 | | deleted from the annual list of prescribing psychologists. | 11 | | (c) The Board shall notify the State Board of Pharmacy, in | 12 | | a timely manner, upon termination, suspension, or | 13 | | reinstatement of a psychologist's certification as a | 14 | | prescribing psychologist.
| 15 | | (225 ILCS 15/15) (from Ch. 111, par. 5365)
| 16 | | (Section scheduled to be repealed on January 1, 2017)
| 17 | | Sec. 15. Disciplinary action; grounds. The Department may | 18 | | refuse to
issue, refuse to renew, suspend,
or revoke any | 19 | | license, or may place on probation, censure, reprimand, or
take | 20 | | other disciplinary action deemed appropriate by the | 21 | | Department,
including the imposition of fines not to exceed | 22 | | $10,000 for each violation,
with regard to any license issued | 23 | | under the provisions of this Act for any
one or a combination | 24 | | of the following reasons:
| 25 | | (1) Conviction of, or entry of a plea of guilty or nolo |
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| 1 | | contendere to, any crime that is a felony under the laws of
| 2 | | the United
States or any state or territory thereof or that | 3 | | is a misdemeanor
of which an
essential element is | 4 | | dishonesty, or any crime that
is
directly
related to the | 5 | | practice of the profession.
| 6 | | (2) Gross negligence in the rendering of clinical | 7 | | psychological
services.
| 8 | | (3) Using fraud or making any misrepresentation in | 9 | | applying for a license
or in passing the examination | 10 | | provided for in this Act.
| 11 | | (4) Aiding or abetting or conspiring to aid or abet a | 12 | | person, not a
clinical psychologist licensed under this | 13 | | Act, in representing himself or
herself as
so licensed or | 14 | | in applying for a license under this Act.
| 15 | | (5) Violation of any provision of this Act or the rules | 16 | | promulgated
thereunder.
| 17 | | (6) Professional connection or association with any | 18 | | person, firm,
association, partnership or corporation | 19 | | holding himself, herself,
themselves, or
itself out in any | 20 | | manner contrary to this Act.
| 21 | | (7) Unethical, unauthorized or unprofessional conduct | 22 | | as defined by rule.
In establishing those rules, the | 23 | | Department shall consider, though is not
bound by, the | 24 | | ethical standards for psychologists promulgated by | 25 | | recognized
national psychology associations.
| 26 | | (8) Aiding or assisting another person in violating any |
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| 1 | | provisions of this
Act or the rules promulgated thereunder.
| 2 | | (9) Failing to provide, within 60 days, information in | 3 | | response to a
written request made by the Department.
| 4 | | (10) Habitual or excessive use or addiction to alcohol, | 5 | | narcotics,
stimulants, or any other chemical agent or drug | 6 | | that results in a
clinical
psychologist's inability to | 7 | | practice with reasonable judgment, skill or
safety.
| 8 | | (11) Discipline by another state, territory, the | 9 | | District of Columbia or
foreign country, if at least one of | 10 | | the grounds for the discipline is the
same or substantially | 11 | | equivalent to those set forth herein.
| 12 | | (12) Directly or indirectly giving or receiving from | 13 | | any person, firm,
corporation, association or partnership | 14 | | any fee, commission, rebate, or
other form of compensation | 15 | | for any professional service not actually or
personally | 16 | | rendered. Nothing in this paragraph (12) affects any bona | 17 | | fide independent contractor or employment arrangements | 18 | | among health care professionals, health facilities, health | 19 | | care providers, or other entities, except as otherwise | 20 | | prohibited by law. Any employment arrangements may include | 21 | | provisions for compensation, health insurance, pension, or | 22 | | other employment benefits for the provision of services | 23 | | within the scope of the licensee's practice under this Act. | 24 | | Nothing in this paragraph (12) shall be construed to | 25 | | require an employment arrangement to receive professional | 26 | | fees for services rendered.
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| 1 | | (13) A finding by the Board that the licensee, after
| 2 | | having his or her
license placed on probationary status has | 3 | | violated the terms of
probation.
| 4 | | (14) Willfully making or filing false records or | 5 | | reports, including but
not limited to, false records or | 6 | | reports filed with State agencies or
departments.
| 7 | | (15) Physical illness, including but not limited to, | 8 | | deterioration through
the aging process, mental illness or | 9 | | disability that results in
the inability to practice the | 10 | | profession
with reasonable judgment, skill and safety.
| 11 | | (16) Willfully failing to report an instance of | 12 | | suspected child abuse or
neglect as required by the Abused | 13 | | and Neglected Child Reporting Act.
| 14 | | (17) Being named as a perpetrator in an indicated | 15 | | report by the Department
of Children and Family Services | 16 | | pursuant to the Abused and Neglected Child
Reporting Act, | 17 | | and upon proof by clear and convincing evidence that the
| 18 | | licensee has caused a child to be an abused child or | 19 | | neglected child as defined
in the Abused and Neglected | 20 | | Child Reporting Act.
| 21 | | (18) Violation of the Health Care Worker Self-Referral | 22 | | Act.
| 23 | | (19) Making a material misstatement in furnishing | 24 | | information to the
Department, any other State or federal | 25 | | agency, or any other entity.
| 26 | | (20) Failing to report to the Department any adverse |
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| 1 | | judgment, settlement, or award arising from a liability | 2 | | claim related to an act or conduct similar to an act or | 3 | | conduct that would constitute grounds for action as set | 4 | | forth in this Section. | 5 | | (21) Failing to report to the Department any adverse | 6 | | final action taken against a licensee or applicant by | 7 | | another licensing jurisdiction, including any other state | 8 | | or territory of the United States or any foreign state or | 9 | | country, or any peer review body, health care institution, | 10 | | professional society or association related to the | 11 | | profession, governmental agency, law enforcement agency, | 12 | | or court for an act or conduct similar to an act or conduct | 13 | | that would constitute grounds for disciplinary action as | 14 | | set forth in this Section.
| 15 | | The entry of an order by any circuit court establishing | 16 | | that any person
holding a license under this Act is subject to | 17 | | involuntary admission or
judicial admission as provided for in | 18 | | the Mental Health and Developmental
Disabilities Code, | 19 | | operates as an automatic suspension of that license. That
| 20 | | person may have his or her license restored only upon the | 21 | | determination by
a circuit
court that the patient is no longer | 22 | | subject to involuntary admission or
judicial admission and the | 23 | | issuance of an order so finding and discharging the
patient and | 24 | | upon the Board's recommendation to the
Department that the
| 25 | | license be restored. Where the circumstances so indicate, the | 26 | | Board may
recommend to the Department that it require an |
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| 1 | | examination prior to restoring
any license so automatically | 2 | | suspended.
| 3 | | The Department may refuse to issue or may suspend the | 4 | | license of any person
who fails to file a return, or to pay the | 5 | | tax, penalty or interest shown in
a filed return, or to pay any | 6 | | final assessment of the tax penalty or
interest, as required by | 7 | | any tax Act administered by the Illinois
Department of Revenue, | 8 | | until such time as the requirements of any such tax
Act are | 9 | | satisfied.
| 10 | | In enforcing this Section, the Board upon a showing of a | 11 | | possible
violation may compel any person licensed to practice | 12 | | under this Act, or
who has applied for licensure or | 13 | | certification pursuant to this Act, to submit
to a mental or | 14 | | physical examination, or both, as required by and at the | 15 | | expense
of the Department. The examining physicians or clinical | 16 | | psychologists
shall be those specifically designated by the | 17 | | Board.
The Board or the Department may order the examining | 18 | | physician or clinical
psychologist to present testimony | 19 | | concerning this mental or physical
examination
of the licensee | 20 | | or applicant. No information shall be excluded by reason of
any | 21 | | common law or statutory privilege relating to communications | 22 | | between the
licensee or applicant and the examining physician | 23 | | or clinical psychologist.
The person to be examined may have, | 24 | | at his or her own expense, another
physician or clinical | 25 | | psychologist of his or her choice present during all
aspects of | 26 | | the examination. Failure of any person to submit to a mental or
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| 1 | | physical examination, when directed, shall be grounds for | 2 | | suspension of a
license until the person submits to the | 3 | | examination if the Board finds,
after notice and hearing, that | 4 | | the refusal to submit to the examination was
without reasonable | 5 | | cause.
| 6 | | If the Board finds a person unable to practice because of | 7 | | the reasons
set forth in this Section, the Board may require | 8 | | that person to submit to
care, counseling or treatment by | 9 | | physicians or clinical psychologists approved
or designated by | 10 | | the Board, as a condition, term, or restriction for continued,
| 11 | | reinstated, or
renewed licensure to practice; or, in lieu of | 12 | | care, counseling or treatment,
the
Board may recommend to the | 13 | | Department to file a complaint to immediately
suspend, revoke | 14 | | or otherwise discipline the license of the person.
Any person | 15 | | whose
license was granted, continued, reinstated, renewed, | 16 | | disciplined or supervised
subject to such terms, conditions or | 17 | | restrictions, and who fails to comply with
such terms, | 18 | | conditions or restrictions, shall be referred to the Secretary | 19 | | for a
determination as to whether the person shall have his or | 20 | | her license
suspended immediately, pending a hearing by the | 21 | | Board.
| 22 | | In instances in which the Secretary immediately suspends a | 23 | | person's license
under this Section, a hearing on that person's | 24 | | license must be convened by
the Board within 15 days after the | 25 | | suspension and completed without appreciable
delay.
The Board | 26 | | shall have the authority to review the subject person's record |
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| 1 | | of
treatment and counseling regarding the impairment, to the | 2 | | extent permitted by
applicable federal statutes and | 3 | | regulations safeguarding the confidentiality of
medical | 4 | | records.
| 5 | | A person licensed under this Act and affected under this | 6 | | Section shall
be
afforded an opportunity to demonstrate to the | 7 | | Board that he or she can resume
practice in compliance with | 8 | | acceptable and prevailing standards under the
provisions of his | 9 | | or her license.
| 10 | | The Board shall prescribe, by rule, criteria for | 11 | | disciplining, suspending, or revoking the prescriptive | 12 | | authority of a prescribing psychologist. The Board shall have | 13 | | the power and duty to require remediation, suspension, or | 14 | | revocation of a prescribing psychologist's certification for a | 15 | | specified period of time determined by the Board. | 16 | | (Source: P.A. 96-1482, eff. 11-29-10.)
| 17 | | Section 10. The Nurse Practice Act is amended by changing | 18 | | Section 50-10 as follows:
| 19 | | (225 ILCS 65/50-10)
(was 225 ILCS 65/5-10)
| 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 50-10. Definitions. Each of the following terms, when | 22 | | used
in this Act, shall have the meaning ascribed to it in this | 23 | | Section, except
where the context clearly indicates otherwise:
| 24 | | "Academic year" means the customary annual schedule of |
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| 1 | | courses at a
college, university, or approved school, | 2 | | customarily regarded as the school
year as distinguished from | 3 | | the calendar year.
| 4 | | "Advanced practice nurse" or "APN" means a person who has | 5 | | met the qualifications for a (i) certified nurse midwife (CNM); | 6 | | (ii) certified nurse practitioner (CNP); (iii) certified | 7 | | registered nurse anesthetist (CRNA); or (iv) clinical nurse | 8 | | specialist (CNS) and has been licensed by the Department. All | 9 | | advanced practice nurses licensed and practicing in the State | 10 | | of Illinois shall use the title APN and may use specialty | 11 | | speciality credentials after their name.
| 12 | | "Approved program of professional nursing education" and | 13 | | "approved
program of practical nursing education" are programs | 14 | | of professional or
practical nursing, respectively, approved | 15 | | by the Department under the
provisions of this Act.
| 16 | | "Board" means the Board of Nursing appointed by the | 17 | | Secretary. | 18 | | "Collaboration" means a process involving 2 or more health | 19 | | care professionals working together, each contributing one's | 20 | | respective area of expertise to provide more comprehensive | 21 | | patient care. | 22 | | "Consultation" means the process whereby an advanced | 23 | | practice nurse seeks the advice or opinion of another health | 24 | | care professional. | 25 | | "Credentialed" means the process of assessing and | 26 | | validating the qualifications of a health care professional. |
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| 1 | | "Current nursing practice update course" means a planned | 2 | | nursing education curriculum approved by the Department | 3 | | consisting of activities that have educational objectives, | 4 | | instructional methods, content or subject matter, clinical | 5 | | practice, and evaluation methods, related to basic review and | 6 | | updating content and specifically planned for those nurses | 7 | | previously licensed in the United States or its territories and | 8 | | preparing for reentry into nursing practice. | 9 | | "Dentist" means a person licensed to practice dentistry | 10 | | under the Illinois Dental Practice Act. | 11 | | "Department" means the Department of Financial and | 12 | | Professional Regulation. | 13 | | "Impaired nurse" means a nurse licensed under this Act who | 14 | | is unable to practice with reasonable skill and safety because | 15 | | of a physical or mental disability as evidenced by a written | 16 | | determination or written consent based on clinical evidence, | 17 | | including loss of motor skills, abuse of drugs or alcohol, or a | 18 | | psychiatric disorder, of sufficient degree to diminish his or | 19 | | her ability to deliver competent patient care. | 20 | | "License-pending advanced practice nurse" means a | 21 | | registered professional nurse who has completed all | 22 | | requirements for licensure as an advanced practice nurse except | 23 | | the certification examination and has applied to take the next | 24 | | available certification exam and received a temporary license | 25 | | from the Department. | 26 | | "License-pending registered nurse" means a person who has |
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| 1 | | passed the Department-approved registered nurse licensure exam | 2 | | and has applied for a license from the Department. A | 3 | | license-pending registered nurse shall use the title "RN lic | 4 | | pend" on all documentation related to nursing practice. | 5 | | "Physician" means a person licensed to practice medicine in | 6 | | all its branches under the Medical Practice Act of 1987. | 7 | | "Podiatrist" means a person licensed to practice podiatry | 8 | | under the Podiatric Medical Practice Act of 1987.
| 9 | | "Practical nurse" or "licensed practical nurse" means a | 10 | | person who is
licensed as a practical nurse under this Act and | 11 | | practices practical
nursing as defined in this Act. Only a | 12 | | practical nurse
licensed under this Act is entitled to use the | 13 | | title "licensed practical
nurse" and the abbreviation | 14 | | "L.P.N.".
| 15 | | "Practical nursing" means the performance of
nursing acts | 16 | | requiring the basic nursing knowledge, judgement, and skill
| 17 | | acquired by means of completion of an approved practical | 18 | | nursing education
program. Practical nursing includes | 19 | | assisting in the nursing process as
delegated by a registered | 20 | | professional nurse or an advanced practice nurse. The
practical | 21 | | nurse may work under the direction of a licensed physician, | 22 | | dentist,
podiatrist, or other health care professional | 23 | | determined by the Department.
| 24 | | "Privileged" means the authorization granted by the | 25 | | governing body of a healthcare facility, agency, or | 26 | | organization to provide specific patient care services within |
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| 1 | | well-defined limits, based on qualifications reviewed in the | 2 | | credentialing process.
| 3 | | "Registered Nurse" or "Registered Professional Nurse" | 4 | | means a person
who is licensed as a professional nurse under | 5 | | this Act and practices
nursing as defined in
this Act. Only a | 6 | | registered
nurse licensed under this Act is entitled to use the
| 7 | | titles "registered nurse" and "registered professional nurse" | 8 | | and the
abbreviation, "R.N.".
| 9 | | "Registered professional nursing practice" is a scientific | 10 | | process founded on a professional body of knowledge; it is a | 11 | | learned profession based on the understanding of the human | 12 | | condition across the life span and environment and
includes all
| 13 | | nursing
specialties specialities and means the performance of | 14 | | any nursing act based upon
professional knowledge, judgment, | 15 | | and skills acquired by means of completion
of an approved | 16 | | professional nursing education program. A registered
| 17 | | professional nurse provides holistic nursing care through the | 18 | | nursing process
to individuals, groups, families, or | 19 | | communities, that includes but is not
limited to: (1) the | 20 | | assessment of healthcare needs, nursing diagnosis,
planning, | 21 | | implementation, and nursing evaluation; (2) the promotion,
| 22 | | maintenance, and restoration of health; (3) counseling, | 23 | | patient education,
health education, and patient advocacy; (4) | 24 | | the administration of medications
and treatments as prescribed | 25 | | by a physician licensed to practice medicine in
all of its | 26 | | branches, a licensed dentist, a licensed podiatrist, a |
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| 1 | | prescribing psychologist, or a licensed
optometrist or as | 2 | | prescribed by a physician assistant in accordance with
written | 3 | | guidelines required under the Physician Assistant Practice Act | 4 | | of 1987
or by an advanced practice nurse in accordance with | 5 | | Article 65 of this Act; (5) the
coordination and management of | 6 | | the nursing plan of care; (6) the delegation to
and supervision | 7 | | of individuals who assist the registered professional nurse
| 8 | | implementing the plan of care; and (7) teaching nursing
| 9 | | students. The foregoing shall not be deemed to include
those | 10 | | acts of medical diagnosis or prescription of therapeutic or
| 11 | | corrective measures.
| 12 | | "Professional assistance program for nurses" means a | 13 | | professional
assistance program that meets criteria | 14 | | established by the Board of Nursing
and approved by the | 15 | | Secretary, which provides a non-disciplinary treatment
| 16 | | approach for nurses licensed under this Act whose ability to | 17 | | practice is
compromised by alcohol or chemical substance | 18 | | addiction.
| 19 | | "Secretary" means the Secretary of Financial and | 20 | | Professional Regulation. | 21 | | "Unencumbered license" means a license issued in good | 22 | | standing. | 23 | | "Written collaborative agreement" means a written | 24 | | agreement between an advanced practice nurse and a | 25 | | collaborating physician, dentist, or podiatrist pursuant to | 26 | | Section 65-35.
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| 1 | | (Source: P.A. 95-639, eff. 10-5-07; revised 11-18-11.)
| 2 | | Section 15. The Pharmacy Practice Act is amended by | 3 | | changing Sections 3 and 4 as follows:
| 4 | | (225 ILCS 85/3)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 3. Definitions. For the purpose of this Act, except | 7 | | where otherwise
limited therein:
| 8 | | (a) "Pharmacy" or "drugstore" means and includes every | 9 | | store, shop,
pharmacy department, or other place where | 10 | | pharmacist
care is
provided
by a pharmacist (1) where drugs, | 11 | | medicines, or poisons are
dispensed, sold or
offered for sale | 12 | | at retail, or displayed for sale at retail; or
(2)
where
| 13 | | prescriptions of physicians, dentists, advanced practice | 14 | | nurses, physician assistants, veterinarians, podiatrists, | 15 | | prescribing psychologists, or
optometrists, within the limits | 16 | | of their
licenses, are
compounded, filled, or dispensed; or (3) | 17 | | which has upon it or
displayed within
it, or affixed to or used | 18 | | in connection with it, a sign bearing the word or
words | 19 | | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", | 20 | | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", | 21 | | "Drugs", "Dispensary", "Medicines", or any word
or words of | 22 | | similar or like import, either in the English language
or any | 23 | | other language; or (4) where the characteristic prescription
| 24 | | sign (Rx) or similar design is exhibited; or (5) any store, or
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| 1 | | shop,
or other place with respect to which any of the above | 2 | | words, objects,
signs or designs are used in any advertisement.
| 3 | | (b) "Drugs" means and includes (l) articles recognized
in | 4 | | the official United States Pharmacopoeia/National Formulary | 5 | | (USP/NF),
or any supplement thereto and being intended for and | 6 | | having for their
main use the diagnosis, cure, mitigation, | 7 | | treatment or prevention of
disease in man or other animals, as | 8 | | approved by the United States Food and
Drug Administration, but | 9 | | does not include devices or their components, parts,
or | 10 | | accessories; and (2) all other articles intended
for and having | 11 | | for their main use the diagnosis, cure, mitigation,
treatment | 12 | | or prevention of disease in man or other animals, as approved
| 13 | | by the United States Food and Drug Administration, but does not | 14 | | include
devices or their components, parts, or accessories; and | 15 | | (3) articles
(other than food) having for their main use and | 16 | | intended
to affect the structure or any function of the body of | 17 | | man or other
animals; and (4) articles having for their main | 18 | | use and intended
for use as a component or any articles | 19 | | specified in clause (l), (2)
or (3); but does not include | 20 | | devices or their components, parts or
accessories.
| 21 | | (c) "Medicines" means and includes all drugs intended for
| 22 | | human or veterinary use approved by the United States Food and | 23 | | Drug
Administration.
| 24 | | (d) "Practice of pharmacy" means (1) the interpretation and | 25 | | the provision of assistance in the monitoring, evaluation, and | 26 | | implementation of prescription drug orders; (2) the dispensing |
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| 1 | | of prescription drug orders; (3) participation in drug and | 2 | | device selection; (4) drug administration limited to the | 3 | | administration of oral, topical, injectable, and inhalation as | 4 | | follows: in the context of patient education on the proper use | 5 | | or delivery of medications; vaccination of patients 14 years of | 6 | | age and older pursuant to a valid prescription or standing | 7 | | order, by a physician licensed to practice medicine in all its | 8 | | branches, upon completion of appropriate training, including | 9 | | how to address contraindications and adverse reactions set | 10 | | forth by rule, with notification to the patient's physician and | 11 | | appropriate record retention, or pursuant to hospital pharmacy | 12 | | and therapeutics committee policies and procedures; (5) drug | 13 | | regimen review; (6) drug or drug-related research; (7) the | 14 | | provision of patient counseling; (8) the practice of | 15 | | telepharmacy; (9) the provision of those acts or services | 16 | | necessary to provide pharmacist care; (10) medication therapy | 17 | | management; and (11) the responsibility for compounding and | 18 | | labeling of drugs and devices (except labeling by a | 19 | | manufacturer, repackager, or distributor of non-prescription | 20 | | drugs and commercially packaged legend drugs and devices), | 21 | | proper and safe storage of drugs and devices, and maintenance | 22 | | of required records. A pharmacist who performs any of the acts | 23 | | defined as the practice of pharmacy in this State must be | 24 | | actively licensed as a pharmacist under this Act.
| 25 | | (e) "Prescription" means and includes any written, oral, | 26 | | facsimile, or
electronically transmitted order for drugs
or |
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| 1 | | medical devices, issued by a physician licensed to practice | 2 | | medicine in
all its branches, dentist, veterinarian, or | 3 | | podiatrist, or
optometrist, within the
limits of their | 4 | | licenses, by a physician assistant in accordance with
| 5 | | subsection (f) of Section 4, or by an advanced practice nurse | 6 | | in
accordance with subsection (g) of Section 4, containing the
| 7 | | following: (l) name
of the patient; (2) date when prescription | 8 | | was issued; (3) name
and strength of drug or description of the | 9 | | medical device prescribed;
and (4) quantity; (5) directions for | 10 | | use; (6) prescriber's name,
address,
and signature; and (7) DEA | 11 | | number where required, for controlled
substances.
The | 12 | | prescription may, but is not required to, list the illness, | 13 | | disease, or condition for which the drug or device is being | 14 | | prescribed. DEA numbers shall not be required on inpatient drug | 15 | | orders.
| 16 | | (f) "Person" means and includes a natural person, | 17 | | copartnership,
association, corporation, government entity, or | 18 | | any other legal
entity.
| 19 | | (g) "Department" means the Department of Financial and
| 20 | | Professional Regulation.
| 21 | | (h) "Board of Pharmacy" or "Board" means the State Board
of | 22 | | Pharmacy of the Department of Financial and Professional | 23 | | Regulation.
| 24 | | (i) "Secretary"
means the Secretary
of Financial and | 25 | | Professional Regulation.
| 26 | | (j) "Drug product selection" means the interchange for a
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| 1 | | prescribed pharmaceutical product in accordance with Section | 2 | | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | 3 | | Cosmetic Act.
| 4 | | (k) "Inpatient drug order" means an order issued by an | 5 | | authorized
prescriber for a resident or patient of a facility | 6 | | licensed under the
Nursing Home Care Act, the ID/DD Community | 7 | | Care Act, the Specialized Mental Health Rehabilitation Act, or | 8 | | the Hospital Licensing Act, or "An Act in relation to
the | 9 | | founding and operation of the University of Illinois Hospital | 10 | | and the
conduct of University of Illinois health care | 11 | | programs", approved July 3, 1931,
as amended, or a facility | 12 | | which is operated by the Department of Human
Services (as | 13 | | successor to the Department of Mental Health
and Developmental | 14 | | Disabilities) or the Department of Corrections.
| 15 | | (k-5) "Pharmacist" means an individual health care | 16 | | professional and
provider currently licensed by this State to | 17 | | engage in the practice of
pharmacy.
| 18 | | (l) "Pharmacist in charge" means the licensed pharmacist | 19 | | whose name appears
on a pharmacy license and who is responsible | 20 | | for all aspects of the
operation related to the practice of | 21 | | pharmacy.
| 22 | | (m) "Dispense" or "dispensing" means the interpretation, | 23 | | evaluation, and implementation of a prescription drug order, | 24 | | including the preparation and delivery of a drug or device to a | 25 | | patient or patient's agent in a suitable container | 26 | | appropriately labeled for subsequent administration to or use |
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| 1 | | by a patient in accordance with applicable State and federal | 2 | | laws and regulations.
"Dispense" or "dispensing" does not mean | 3 | | the physical delivery to a patient or a
patient's | 4 | | representative in a home or institution by a designee of a | 5 | | pharmacist
or by common carrier. "Dispense" or "dispensing" | 6 | | also does not mean the physical delivery
of a drug or medical | 7 | | device to a patient or patient's representative by a
| 8 | | pharmacist's designee within a pharmacy or drugstore while the | 9 | | pharmacist is
on duty and the pharmacy is open.
| 10 | | (n) "Nonresident pharmacy"
means a pharmacy that is located | 11 | | in a state, commonwealth, or territory
of the United States, | 12 | | other than Illinois, that delivers, dispenses, or
distributes, | 13 | | through the United States Postal Service, commercially | 14 | | acceptable parcel delivery service, or other common
carrier, to | 15 | | Illinois residents, any substance which requires a | 16 | | prescription.
| 17 | | (o) "Compounding" means the preparation and mixing of | 18 | | components, excluding flavorings, (1) as the result of a | 19 | | prescriber's prescription drug order or initiative based on the | 20 | | prescriber-patient-pharmacist relationship in the course of | 21 | | professional practice or (2) for the purpose of, or incident | 22 | | to, research, teaching, or chemical analysis and not for sale | 23 | | or dispensing. "Compounding" includes the preparation of drugs | 24 | | or devices in anticipation of receiving prescription drug | 25 | | orders based on routine, regularly observed dispensing | 26 | | patterns. Commercially available products may be compounded |
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| 1 | | for dispensing to individual patients only if all of the | 2 | | following conditions are met: (i) the commercial product is not | 3 | | reasonably available from normal distribution channels in a | 4 | | timely manner to meet the patient's needs and (ii) the | 5 | | prescribing practitioner has requested that the drug be | 6 | | compounded.
| 7 | | (p) (Blank).
| 8 | | (q) (Blank).
| 9 | | (r) "Patient counseling" means the communication between a | 10 | | pharmacist or a student pharmacist under the supervision of a | 11 | | pharmacist and a patient or the patient's representative about | 12 | | the patient's medication or device for the purpose of | 13 | | optimizing proper use of prescription medications or devices. | 14 | | "Patient counseling" may include without limitation (1) | 15 | | obtaining a medication history; (2) acquiring a patient's | 16 | | allergies and health conditions; (3) facilitation of the | 17 | | patient's understanding of the intended use of the medication; | 18 | | (4) proper directions for use; (5) significant potential | 19 | | adverse events; (6) potential food-drug interactions; and (7) | 20 | | the need to be compliant with the medication therapy. A | 21 | | pharmacy technician may only participate in the following | 22 | | aspects of patient counseling under the supervision of a | 23 | | pharmacist: (1) obtaining medication history; (2) providing | 24 | | the offer for counseling by a pharmacist or student pharmacist; | 25 | | and (3) acquiring a patient's allergies and health conditions.
| 26 | | (s) "Patient profiles" or "patient drug therapy record" |
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| 1 | | means the
obtaining, recording, and maintenance of patient | 2 | | prescription
information, including prescriptions for | 3 | | controlled substances, and
personal information.
| 4 | | (t) (Blank).
| 5 | | (u) "Medical device" means an instrument, apparatus, | 6 | | implement, machine,
contrivance, implant, in vitro reagent, or | 7 | | other similar or related article,
including any component part | 8 | | or accessory, required under federal law to
bear the label | 9 | | "Caution: Federal law requires dispensing by or on the order
of | 10 | | a physician". A seller of goods and services who, only for the | 11 | | purpose of
retail sales, compounds, sells, rents, or leases | 12 | | medical devices shall not,
by reasons thereof, be required to | 13 | | be a licensed pharmacy.
| 14 | | (v) "Unique identifier" means an electronic signature, | 15 | | handwritten
signature or initials, thumb print, or other | 16 | | acceptable biometric
or electronic identification process as | 17 | | approved by the Department.
| 18 | | (w) "Current usual and customary retail price" means the | 19 | | price that a pharmacy charges to a non-third-party payor.
| 20 | | (x) "Automated pharmacy system" means a mechanical system | 21 | | located within the confines of the pharmacy or remote location | 22 | | that performs operations or activities, other than compounding | 23 | | or administration, relative to storage, packaging, dispensing, | 24 | | or distribution of medication, and which collects, controls, | 25 | | and maintains all transaction information. | 26 | | (y) "Drug regimen review" means and includes the evaluation |
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| 1 | | of prescription drug orders and patient records for (1)
known | 2 | | allergies; (2) drug or potential therapy contraindications;
| 3 | | (3) reasonable dose, duration of use, and route of | 4 | | administration, taking into consideration factors such as age, | 5 | | gender, and contraindications; (4) reasonable directions for | 6 | | use; (5) potential or actual adverse drug reactions; (6) | 7 | | drug-drug interactions; (7) drug-food interactions; (8) | 8 | | drug-disease contraindications; (9) therapeutic duplication; | 9 | | (10) patient laboratory values when authorized and available; | 10 | | (11) proper utilization (including over or under utilization) | 11 | | and optimum therapeutic outcomes; and (12) abuse and misuse.
| 12 | | (z) "Electronic transmission prescription" means any | 13 | | prescription order for which a facsimile or electronic image of | 14 | | the order is electronically transmitted from a licensed | 15 | | prescriber to a pharmacy. "Electronic transmission | 16 | | prescription" includes both data and image prescriptions.
| 17 | | (aa) "Medication therapy management services" means a | 18 | | distinct service or group of services offered by licensed | 19 | | pharmacists, physicians licensed to practice medicine in all | 20 | | its branches, advanced practice nurses authorized in a written | 21 | | agreement with a physician licensed to practice medicine in all | 22 | | its branches, or physician assistants authorized in guidelines | 23 | | by a supervising physician that optimize therapeutic outcomes | 24 | | for individual patients through improved medication use. In a | 25 | | retail or other non-hospital pharmacy, medication therapy | 26 | | management services shall consist of the evaluation of |
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| 1 | | prescription drug orders and patient medication records to | 2 | | resolve conflicts with the following: | 3 | | (1) known allergies; | 4 | | (2) drug or potential therapy contraindications; | 5 | | (3) reasonable dose, duration of use, and route of | 6 | | administration, taking into consideration factors such as | 7 | | age, gender, and contraindications; | 8 | | (4) reasonable directions for use; | 9 | | (5) potential or actual adverse drug reactions; | 10 | | (6) drug-drug interactions; | 11 | | (7) drug-food interactions; | 12 | | (8) drug-disease contraindications; | 13 | | (9) identification of therapeutic duplication; | 14 | | (10) patient laboratory values when authorized and | 15 | | available; | 16 | | (11) proper utilization (including over or under | 17 | | utilization) and optimum therapeutic outcomes; and | 18 | | (12) drug abuse and misuse. | 19 | | "Medication therapy management services" includes the | 20 | | following: | 21 | | (1) documenting the services delivered and | 22 | | communicating the information provided to patients' | 23 | | prescribers within an appropriate time frame, not to exceed | 24 | | 48 hours; | 25 | | (2) providing patient counseling designed to enhance a | 26 | | patient's understanding and the appropriate use of his or |
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| 1 | | her medications; and | 2 | | (3) providing information, support services, and | 3 | | resources designed to enhance a patient's adherence with | 4 | | his or her prescribed therapeutic regimens.
| 5 | | "Medication therapy management services" may also include | 6 | | patient care functions authorized by a physician licensed to | 7 | | practice medicine in all its branches for his or her identified | 8 | | patient or groups of patients under specified conditions or | 9 | | limitations in a standing order from the physician. | 10 | | "Medication therapy management services" in a licensed | 11 | | hospital may also include the following: | 12 | | (1) reviewing assessments of the patient's health | 13 | | status; and | 14 | | (2) following protocols of a hospital pharmacy and | 15 | | therapeutics committee with respect to the fulfillment of | 16 | | medication orders.
| 17 | | (bb) "Pharmacist care" means the provision by a pharmacist | 18 | | of medication therapy management services, with or without the | 19 | | dispensing of drugs or devices, intended to achieve outcomes | 20 | | that improve patient health, quality of life, and comfort and | 21 | | enhance patient safety.
| 22 | | (cc) "Protected health information" means individually | 23 | | identifiable health information that, except as otherwise | 24 | | provided, is:
| 25 | | (1) transmitted by electronic media; | 26 | | (2) maintained in any medium set forth in the |
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| 1 | | definition of "electronic media" in the federal Health | 2 | | Insurance Portability and Accountability Act; or | 3 | | (3) transmitted or maintained in any other form or | 4 | | medium. | 5 | | "Protected health information" does not include individually | 6 | | identifiable health information found in: | 7 | | (1) education records covered by the federal Family | 8 | | Educational Right and Privacy Act; or | 9 | | (2) employment records held by a licensee in its role | 10 | | as an employer. | 11 | | (dd) "Standing order" means a specific order for a patient | 12 | | or group of patients issued by a physician licensed to practice | 13 | | medicine in all its branches in Illinois. | 14 | | (ee) "Address of record" means the address recorded by the | 15 | | Department in the applicant's or licensee's application file or | 16 | | license file, as maintained by the Department's licensure | 17 | | maintenance unit. | 18 | | (ff) "Home pharmacy" means the location of a pharmacy's | 19 | | primary operations.
| 20 | | (Source: P.A. 96-339, eff. 7-1-10; 96-673, eff. 1-1-10; | 21 | | 96-1000, eff. 7-2-10; 96-1353, eff. 7-28-10; 97-38, eff. | 22 | | 6-28-11; 97-227, eff. 1-1-12; revised 10-4-11.)
| 23 | | (225 ILCS 85/4) (from Ch. 111, par. 4124)
| 24 | | (Section scheduled to be repealed on January 1, 2018)
| 25 | | Sec. 4. Exemptions. Nothing contained in any Section of |
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| 1 | | this Act shall
apply
to, or in any manner interfere with:
| 2 | | (a) the lawful practice of any physician licensed to | 3 | | practice medicine in
all of its branches, dentist, podiatrist,
| 4 | | veterinarian, prescribing psychologist, or therapeutically or | 5 | | diagnostically certified optometrist within
the limits of
his | 6 | | or her license, or prevent him or her from
supplying to his
or | 7 | | her
bona fide patients
such drugs, medicines, or poisons as may | 8 | | seem to him appropriate;
| 9 | | (b) the sale of compressed gases;
| 10 | | (c) the sale of patent or proprietary medicines and | 11 | | household remedies
when sold in original and unbroken packages | 12 | | only, if such patent or
proprietary medicines and household | 13 | | remedies be properly and adequately
labeled as to content and | 14 | | usage and generally considered and accepted
as harmless and | 15 | | nonpoisonous when used according to the directions
on the | 16 | | label, and also do not contain opium or coca leaves, or any
| 17 | | compound, salt or derivative thereof, or any drug which, | 18 | | according
to the latest editions of the following authoritative | 19 | | pharmaceutical
treatises and standards, namely, The United | 20 | | States Pharmacopoeia/National
Formulary (USP/NF), the United | 21 | | States Dispensatory, and the Accepted
Dental Remedies of the | 22 | | Council of Dental Therapeutics of the American
Dental | 23 | | Association or any or either of them, in use on the effective
| 24 | | date of this Act, or according to the existing provisions of | 25 | | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | 26 | | Department of Health
and Human Services, Food and Drug |
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| 1 | | Administration, promulgated thereunder
now in effect, is | 2 | | designated, described or considered as a narcotic,
hypnotic, | 3 | | habit forming, dangerous, or poisonous drug;
| 4 | | (d) the sale of poultry and livestock remedies in original | 5 | | and unbroken
packages only, labeled for poultry and livestock | 6 | | medication;
| 7 | | (e) the sale of poisonous substances or mixture of | 8 | | poisonous substances,
in unbroken packages, for nonmedicinal | 9 | | use in the arts or industries
or for insecticide purposes; | 10 | | provided, they are properly and adequately
labeled as to | 11 | | content and such nonmedicinal usage, in conformity
with the | 12 | | provisions of all applicable federal, state and local laws
and | 13 | | regulations promulgated thereunder now in effect relating | 14 | | thereto
and governing the same, and those which are required | 15 | | under such applicable
laws and regulations to be labeled with | 16 | | the word "Poison", are also labeled
with the word "Poison" | 17 | | printed
thereon in prominent type and the name of a readily | 18 | | obtainable antidote
with directions for its administration;
| 19 | | (f) the delegation of limited prescriptive authority by a | 20 | | physician
licensed to
practice medicine in all its branches to | 21 | | a physician assistant
under Section 7.5 of the Physician | 22 | | Assistant Practice Act of 1987. This
delegated authority under | 23 | | Section 7.5 of the Physician Assistant Practice Act of 1987 | 24 | | may, but is not required to, include prescription of
controlled | 25 | | substances, as defined in Article II of the
Illinois Controlled | 26 | | Substances Act, in accordance with a written supervision |
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| 1 | | agreement; and
| 2 | | (g) the delegation of prescriptive authority by a physician
| 3 | | licensed to practice medicine in all its branches or a licensed | 4 | | podiatrist to an advanced practice
nurse in accordance with a | 5 | | written collaborative
agreement under Sections 65-35 and 65-40 | 6 | | of the Nurse Practice Act.
| 7 | | (Source: P.A. 95-639, eff. 10-5-07; 96-189, eff. 8-10-09; | 8 | | 96-268, eff. 8-11-09.)
| 9 | | Section 20. The Illinois Controlled Substances Act is | 10 | | amended by changing Section 102 as follows: | 11 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 12 | | Sec. 102. Definitions. As used in this Act, unless the | 13 | | context
otherwise requires:
| 14 | | (a) "Addict" means any person who habitually uses any drug, | 15 | | chemical,
substance or dangerous drug other than alcohol so as | 16 | | to endanger the public
morals, health, safety or welfare or who | 17 | | is so far addicted to the use of a
dangerous drug or controlled | 18 | | substance other than alcohol as to have lost
the power of self | 19 | | control with reference to his or her addiction.
| 20 | | (b) "Administer" means the direct application of a | 21 | | controlled
substance, whether by injection, inhalation, | 22 | | ingestion, or any other
means, to the body of a patient, | 23 | | research subject, or animal (as
defined by the Humane | 24 | | Euthanasia in Animal Shelters Act) by:
|
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| 1 | | (1) a practitioner (or, in his or her presence, by his | 2 | | or her authorized agent),
| 3 | | (2) the patient or research subject pursuant to an | 4 | | order, or
| 5 | | (3) a euthanasia technician as defined by the Humane | 6 | | Euthanasia in
Animal Shelters Act.
| 7 | | (c) "Agent" means an authorized person who acts on behalf | 8 | | of or at
the direction of a manufacturer, distributor, | 9 | | dispenser, prescriber, or practitioner. It does not
include a | 10 | | common or contract carrier, public warehouseman or employee of
| 11 | | the carrier or warehouseman.
| 12 | | (c-1) "Anabolic Steroids" means any drug or hormonal | 13 | | substance,
chemically and pharmacologically related to | 14 | | testosterone (other than
estrogens, progestins, | 15 | | corticosteroids, and dehydroepiandrosterone),
and includes:
| 16 | | (i) 3[beta],17-dihydroxy-5a-androstane, | 17 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | 18 | | (iii) 5[alpha]-androstan-3,17-dione, | 19 | | (iv) 1-androstenediol (3[beta], | 20 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 21 | | (v) 1-androstenediol (3[alpha], | 22 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 23 | | (vi) 4-androstenediol | 24 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), | 25 | | (vii) 5-androstenediol | 26 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), |
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| 1 | | (viii) 1-androstenedione | 2 | | ([5alpha]-androst-1-en-3,17-dione), | 3 | | (ix) 4-androstenedione | 4 | | (androst-4-en-3,17-dione), | 5 | | (x) 5-androstenedione | 6 | | (androst-5-en-3,17-dione), | 7 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | 8 | | hydroxyandrost-4-en-3-one), | 9 | | (xii) boldenone (17[beta]-hydroxyandrost- | 10 | | 1,4,-diene-3-one), | 11 | | (xiii) boldione (androsta-1,4- | 12 | | diene-3,17-dione), | 13 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | 14 | | [beta]-hydroxyandrost-4-en-3-one), | 15 | | (xv) clostebol (4-chloro-17[beta]- | 16 | | hydroxyandrost-4-en-3-one), | 17 | | (xvi) dehydrochloromethyltestosterone (4-chloro- | 18 | | 17[beta]-hydroxy-17[alpha]-methyl- | 19 | | androst-1,4-dien-3-one), | 20 | | (xvii) desoxymethyltestosterone | 21 | | (17[alpha]-methyl-5[alpha] | 22 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), | 23 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. | 24 | | '1-testosterone') (17[beta]-hydroxy- | 25 | | 5[alpha]-androst-1-en-3-one), | 26 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- |
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| 1 | | androstan-3-one), | 2 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | 3 | | 5[alpha]-androstan-3-one), | 4 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | 5 | | hydroxyestr-4-ene), | 6 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | 7 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | 8 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | 9 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | 10 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | 11 | | hydroxyandrostano[2,3-c]-furazan), | 12 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | 13 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | 14 | | androst-4-en-3-one), | 15 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | 16 | | dihydroxy-estr-4-en-3-one), | 17 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | 18 | | hydroxy-5-androstan-3-one), | 19 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | 20 | | [5a]-androstan-3-one), | 21 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- | 22 | | hydroxyandrost-1,4-dien-3-one), | 23 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | 24 | | dihydroxyandrost-5-ene), | 25 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | 26 | | 5[alpha]-androst-1-en-3-one), |
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| 1 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | 2 | | dihydroxy-5a-androstane), | 3 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | 4 | | -5a-androstane), | 5 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | 6 | | dihydroxyandrost-4-ene), | 7 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | 8 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | 9 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | 10 | | hydroxyestra-4,9(10)-dien-3-one), | 11 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | 12 | | hydroxyestra-4,9-11-trien-3-one), | 13 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | 14 | | hydroxyandrost-4-en-3-one), | 15 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | 16 | | hydroxyestr-4-en-3-one), | 17 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | 18 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | 19 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | 20 | | 1-testosterone'), | 21 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | 22 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | 23 | | dihydroxyestr-4-ene), | 24 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | 25 | | dihydroxyestr-4-ene), | 26 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- |
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| 1 | | dihydroxyestr-5-ene), | 2 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | 3 | | dihydroxyestr-5-ene), | 4 | | (xlvii) 19-nor-4,9(10)-androstadienedione | 5 | | (estra-4,9(10)-diene-3,17-dione), | 6 | | (xlviii) 19-nor-4-androstenedione (estr-4- | 7 | | en-3,17-dione), | 8 | | (xlix) 19-nor-5-androstenedione (estr-5- | 9 | | en-3,17-dione), | 10 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | 11 | | hydroxygon-4-en-3-one), | 12 | | (li) norclostebol (4-chloro-17[beta]- | 13 | | hydroxyestr-4-en-3-one), | 14 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | 15 | | hydroxyestr-4-en-3-one), | 16 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | 17 | | hydroxyestr-4-en-3-one), | 18 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | 19 | | 2-oxa-5[alpha]-androstan-3-one), | 20 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | 21 | | dihydroxyandrost-4-en-3-one), | 22 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | 23 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | 24 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | 25 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | 26 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- |
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| 1 | | (5[alpha]-androst-1-en-3-one), | 2 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- | 3 | | secoandrosta-1,4-dien-17-oic 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 | 12 | | anabolic
steroid, or who otherwise lawfully manufactures, | 13 | | distributes, dispenses,
delivers, or possesses with intent to | 14 | | deliver an anabolic steroid, which
anabolic steroid is | 15 | | expressly intended for and lawfully allowed to be
administered | 16 | | through implants to livestock or other nonhuman species, and
| 17 | | which is approved by the Secretary of Health and Human Services | 18 | | for such
administration, and which the person intends to | 19 | | administer or have
administered through such implants, shall | 20 | | not be considered to be in
unauthorized possession or to | 21 | | unlawfully manufacture, distribute, dispense,
deliver, or | 22 | | possess with intent to deliver such anabolic steroid for
| 23 | | purposes of this Act.
| 24 | | (d) "Administration" means the Drug Enforcement | 25 | | Administration,
United States Department of Justice, or its | 26 | | successor agency.
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| 1 | | (d-5) "Clinical Director, Prescription Monitoring Program" | 2 | | means a Department of Human Services administrative employee | 3 | | licensed to either prescribe or dispense controlled substances | 4 | | who shall run the clinical aspects of the Department of Human | 5 | | Services Prescription Monitoring Program and its Prescription | 6 | | Information Library. | 7 | | (d-10) "Compounding" means the preparation and mixing of | 8 | | components, excluding flavorings, (1) as the result of a | 9 | | prescriber's prescription drug order or initiative based on the | 10 | | prescriber-patient-pharmacist relationship in the course of | 11 | | professional practice or (2) for the purpose of, or incident | 12 | | to, research, teaching, or chemical analysis and not for sale | 13 | | or dispensing. "Compounding" includes the preparation of drugs | 14 | | or devices in anticipation of receiving prescription drug | 15 | | orders based on routine, regularly observed dispensing | 16 | | patterns. Commercially available products may be compounded | 17 | | for dispensing to individual patients only if both of the | 18 | | following conditions are met: (i) the commercial product is not | 19 | | reasonably available from normal distribution channels in a | 20 | | timely manner to meet the patient's needs and (ii) the | 21 | | prescribing practitioner has requested that the drug be | 22 | | compounded. | 23 | | (e) "Control" means to add a drug or other substance, or | 24 | | immediate
precursor, to a Schedule whether by
transfer from | 25 | | another Schedule or otherwise.
| 26 | | (f) "Controlled Substance" means (i) a drug, substance, or |
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| 1 | | immediate
precursor in the Schedules of Article II of this Act | 2 | | or (ii) a drug or other substance, or immediate precursor, | 3 | | designated as a controlled substance by the Department through | 4 | | administrative rule. The term does not include distilled | 5 | | spirits, wine, malt beverages, or tobacco, as those terms are
| 6 | | defined or used in the Liquor Control Act and the Tobacco | 7 | | Products Tax
Act.
| 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 substance | 11 | | in Schedule I or II; | 12 | | (2) which has a stimulant, depressant, or | 13 | | hallucinogenic effect on the central nervous system that is | 14 | | 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, | 26 | | which, or
the container or labeling of which, without |
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| 1 | | authorization bears the
trademark, trade name, or other | 2 | | identifying mark, imprint, number or
device, or any likeness | 3 | | thereof, of a manufacturer, distributor, or
dispenser other | 4 | | than the person who in fact manufactured, distributed,
or | 5 | | dispensed the substance.
| 6 | | (h) "Deliver" or "delivery" means the actual, constructive | 7 | | or
attempted transfer of possession of a controlled substance, | 8 | | with or
without consideration, whether or not there is an | 9 | | agency relationship.
| 10 | | (i) "Department" means the Illinois Department of Human | 11 | | Services (as
successor to the Department of Alcoholism and | 12 | | Substance Abuse) or its successor agency.
| 13 | | (j) (Blank).
| 14 | | (k) "Department of Corrections" means the Department of | 15 | | Corrections
of the State of Illinois or its successor agency.
| 16 | | (l) "Department of Financial and Professional Regulation" | 17 | | means the Department
of Financial and Professional Regulation | 18 | | of the State of Illinois or its successor agency.
| 19 | | (m) "Depressant" means any drug that (i) causes an overall | 20 | | depression of central nervous system functions, (ii) causes | 21 | | impaired consciousness and awareness, and (iii) can be | 22 | | habit-forming or lead to a substance abuse problem, including | 23 | | but not limited to alcohol, cannabis and its active principles | 24 | | and their analogs, benzodiazepines and their analogs, | 25 | | barbiturates and their analogs, opioids (natural and | 26 | | synthetic) and their analogs, and chloral hydrate and similar |
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| 1 | | sedative hypnotics.
| 2 | | (n) (Blank).
| 3 | | (o) "Director" means the Director of the Illinois State | 4 | | Police or his or her designated agents.
| 5 | | (p) "Dispense" means to deliver a controlled substance to | 6 | | an
ultimate user or research subject by or pursuant to the | 7 | | lawful order of
a prescriber, including the prescribing, | 8 | | administering, packaging,
labeling, or compounding necessary | 9 | | to prepare the substance for that
delivery.
| 10 | | (q) "Dispenser" means a practitioner who dispenses.
| 11 | | (r) "Distribute" means to deliver, other than by | 12 | | administering or
dispensing, a controlled substance.
| 13 | | (s) "Distributor" means a person who distributes.
| 14 | | (t) "Drug" means (1) substances recognized as drugs in the | 15 | | official
United States Pharmacopoeia, Official Homeopathic | 16 | | Pharmacopoeia of the
United States, or official National | 17 | | Formulary, or any supplement to any
of them; (2) substances | 18 | | intended for use in diagnosis, cure, mitigation,
treatment, or | 19 | | prevention of disease in man or animals; (3) substances
(other | 20 | | than food) intended to affect the structure of any function of
| 21 | | the body of man or animals and (4) substances intended for use | 22 | | as a
component of any article specified in clause (1), (2), or | 23 | | (3) of this
subsection. It does not include devices or their | 24 | | components, parts, or
accessories.
| 25 | | (t-5) "Euthanasia agency" means
an entity certified by the | 26 | | Department of Financial and Professional Regulation for the
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| 1 | | purpose of animal euthanasia that holds an animal control | 2 | | facility license or
animal
shelter license under the Animal | 3 | | Welfare Act. A euthanasia agency is
authorized to purchase, | 4 | | store, possess, and utilize Schedule II nonnarcotic and
| 5 | | Schedule III nonnarcotic drugs for the sole purpose of animal | 6 | | euthanasia.
| 7 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 8 | | substances
(nonnarcotic controlled substances) that are used | 9 | | by a euthanasia agency for
the purpose of animal euthanasia.
| 10 | | (u) "Good faith" means the prescribing or dispensing of a | 11 | | controlled
substance by a practitioner in the regular course of | 12 | | professional
treatment to or for any person who is under his or | 13 | | her treatment for a
pathology or condition other than that | 14 | | individual's physical or
psychological dependence upon or | 15 | | addiction to a controlled substance,
except as provided herein: | 16 | | and application of the term to a pharmacist
shall mean the | 17 | | dispensing of a controlled substance pursuant to the
| 18 | | prescriber's order which in the professional judgment of the | 19 | | pharmacist
is lawful. The pharmacist shall be guided by | 20 | | accepted professional
standards including, but not limited to | 21 | | the following, in making the
judgment:
| 22 | | (1) lack of consistency of prescriber-patient | 23 | | relationship,
| 24 | | (2) frequency of prescriptions for same drug by one | 25 | | prescriber for
large numbers of patients,
| 26 | | (3) quantities beyond those normally prescribed,
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| 1 | | (4) unusual dosages (recognizing that there may be | 2 | | clinical circumstances where more or less than the usual | 3 | | dose may be used legitimately),
| 4 | | (5) unusual geographic distances between patient, | 5 | | pharmacist and
prescriber,
| 6 | | (6) consistent prescribing of habit-forming drugs.
| 7 | | (u-0.5) "Hallucinogen" means a drug that causes markedly | 8 | | altered sensory perception leading to hallucinations of any | 9 | | type. | 10 | | (u-1) "Home infusion services" means services provided by a | 11 | | pharmacy in
compounding solutions for direct administration to | 12 | | a patient in a private
residence, long-term care facility, or | 13 | | hospice setting by means of parenteral,
intravenous, | 14 | | intramuscular, subcutaneous, or intraspinal infusion.
| 15 | | (u-5) "Illinois State Police" means the State
Police of the | 16 | | State of Illinois, or its successor agency. | 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, | 3 | | educating
or instructing by practitioners using controlled | 4 | | substances within
educational facilities approved by the State | 5 | | Board of Education or
its successor agency.
| 6 | | (x) "Local authorities" means a duly organized State, | 7 | | County or
Municipal peace unit or police force.
| 8 | | (y) "Look-alike substance" means a substance, other than a | 9 | | controlled
substance which (1) by overall dosage unit | 10 | | appearance, including shape,
color, size, markings or lack | 11 | | thereof, taste, consistency, or any other
identifying physical | 12 | | characteristic of the substance, would lead a reasonable
person | 13 | | to believe that the substance is a controlled substance, or (2) | 14 | | is
expressly or impliedly represented to be a controlled | 15 | | substance or is
distributed under circumstances which would | 16 | | lead a reasonable person to
believe that the substance is a | 17 | | controlled substance. For the purpose of
determining whether | 18 | | the representations made or the circumstances of the
| 19 | | distribution would lead a reasonable person to believe the | 20 | | substance to be
a controlled substance under this clause (2) of | 21 | | subsection (y), the court or
other authority may consider the | 22 | | following factors in addition to any other
factor that may be | 23 | | relevant:
| 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 |
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| 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 | 11 | | noncontrolled
substance in its finished dosage form that was | 12 | | initially introduced into
commerce prior to the initial | 13 | | introduction into commerce of a controlled
substance in its | 14 | | finished dosage form which it may substantially resemble.
| 15 | | Nothing in this subsection (y) prohibits the dispensing or | 16 | | distributing
of noncontrolled substances by persons authorized | 17 | | to dispense and
distribute controlled substances under this | 18 | | Act, provided that such action
would be deemed to be carried | 19 | | out in good faith under subsection (u) if the
substances | 20 | | involved were controlled substances.
| 21 | | Nothing in this subsection (y) or in this Act prohibits the | 22 | | manufacture,
preparation, propagation, compounding, | 23 | | processing, packaging, advertising
or distribution of a drug or | 24 | | drugs by any person registered pursuant to
Section 510 of the | 25 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 26 | | (y-1) "Mail-order pharmacy" means a pharmacy that is |
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| 1 | | located in a state
of the United States that delivers, | 2 | | dispenses or
distributes, through the United States Postal | 3 | | Service or other common
carrier, to Illinois residents, any | 4 | | substance which requires a prescription.
| 5 | | (z) "Manufacture" means the production, preparation, | 6 | | propagation,
compounding, conversion or processing of a | 7 | | controlled substance other than methamphetamine, either
| 8 | | directly or indirectly, by extraction from substances of | 9 | | natural origin,
or independently by means of chemical | 10 | | synthesis, or by a combination of
extraction and chemical | 11 | | synthesis, and includes any packaging or
repackaging of the | 12 | | substance or labeling of its container, except that
this term | 13 | | does not include:
| 14 | | (1) by an ultimate user, the preparation or compounding | 15 | | of a
controlled substance for his or her own use; or
| 16 | | (2) by a practitioner, or his or her authorized agent | 17 | | under his or her
supervision, the preparation, | 18 | | compounding, packaging, or labeling of a
controlled | 19 | | substance:
| 20 | | (a) as an incident to his or her administering or | 21 | | dispensing of a
controlled substance in the course of | 22 | | his or her professional practice; or
| 23 | | (b) as an incident to lawful research, teaching or | 24 | | chemical
analysis and not for sale.
| 25 | | (z-1) (Blank).
| 26 | | (z-5) "Medication shopping" means the conduct prohibited |
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| 1 | | under subsection (a) of Section 314.5 of this Act. | 2 | | (z-10) "Mid-level practitioner" means (i) a physician | 3 | | assistant who has been delegated authority to prescribe through | 4 | | a written delegation of authority by a physician licensed to | 5 | | practice medicine in all of its branches, in accordance with | 6 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 7 | | (ii) an advanced practice nurse who has been delegated | 8 | | authority to prescribe through a written delegation of | 9 | | authority by a physician licensed to practice medicine in all | 10 | | of its branches or by a podiatrist, in accordance with Section | 11 | | 65-40 of the Nurse Practice Act, or (iii) an animal euthanasia | 12 | | agency. | 13 | | (aa) "Narcotic drug" means any of the following, whether | 14 | | produced
directly or indirectly by extraction from substances | 15 | | of vegetable origin,
or independently by means of chemical | 16 | | synthesis, or by a combination of
extraction and chemical | 17 | | synthesis:
| 18 | | (1) opium, opiates, derivatives of opium and opiates, | 19 | | including their isomers, esters, ethers, salts, and salts | 20 | | of isomers, esters, and ethers, whenever the existence of | 21 | | such isomers, esters, ethers, and salts is possible within | 22 | | the specific chemical designation; however the term | 23 | | "narcotic drug" does not include the isoquinoline | 24 | | alkaloids of opium;
| 25 | | (2) (blank);
| 26 | | (3) opium poppy and poppy straw;
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| 1 | | (4) coca leaves, except coca leaves and extracts of | 2 | | coca leaves from which substantially all of the cocaine and | 3 | | ecgonine, and their isomers, derivatives and salts, have | 4 | | been removed;
| 5 | | (5) cocaine, its salts, optical and geometric isomers, | 6 | | and salts of isomers; | 7 | | (6) ecgonine, its derivatives, their salts, isomers, | 8 | | and salts of isomers; | 9 | | (7) any compound, mixture, or preparation which | 10 | | contains any quantity of any of the substances referred to | 11 | | in subparagraphs (1) through (6). | 12 | | (bb) "Nurse" means a registered nurse licensed under the
| 13 | | Nurse Practice Act.
| 14 | | (cc) (Blank).
| 15 | | (dd) "Opiate" means any substance having an addiction | 16 | | forming or
addiction sustaining liability similar to morphine | 17 | | or being capable of
conversion into a drug having addiction | 18 | | forming or addiction sustaining
liability.
| 19 | | (ee) "Opium poppy" means the plant of the species Papaver
| 20 | | somniferum L., except its seeds.
| 21 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | 22 | | solution or other liquid form of medication intended for | 23 | | administration by mouth, but the term does not include a form | 24 | | of medication intended for buccal, sublingual, or transmucosal | 25 | | administration. | 26 | | (ff) "Parole and Pardon Board" means the Parole and Pardon |
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| 1 | | Board of
the State of Illinois or its successor agency.
| 2 | | (gg) "Person" means any individual, corporation, | 3 | | mail-order pharmacy,
government or governmental subdivision or | 4 | | agency, business trust, estate,
trust, partnership or | 5 | | association, or any other entity.
| 6 | | (hh) "Pharmacist" means any person who holds a license or | 7 | | certificate of
registration as a registered pharmacist, a local | 8 | | registered pharmacist
or a registered assistant pharmacist | 9 | | under the Pharmacy Practice Act.
| 10 | | (ii) "Pharmacy" means any store, ship or other place in | 11 | | which
pharmacy is authorized to be practiced under the Pharmacy | 12 | | Practice Act.
| 13 | | (ii-5) "Pharmacy shopping" means the conduct prohibited | 14 | | under subsection (b) of Section 314.5 of this Act. | 15 | | (ii-10) "Physician" (except when the context otherwise | 16 | | requires) means a person licensed to practice medicine in all | 17 | | of its branches. | 18 | | (jj) "Poppy straw" means all parts, except the seeds, of | 19 | | the opium
poppy, after mowing.
| 20 | | (kk) "Practitioner" means a physician licensed to practice | 21 | | medicine in all
its branches, dentist, optometrist, | 22 | | podiatrist,
veterinarian, prescribing psychologist, scientific | 23 | | investigator, pharmacist, physician assistant,
advanced | 24 | | practice nurse,
licensed practical
nurse, registered nurse, | 25 | | hospital, laboratory, or pharmacy, or other
person licensed, | 26 | | registered, or otherwise lawfully permitted by the
United |
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| 1 | | States or this State to distribute, dispense, conduct research
| 2 | | with respect to, administer or use in teaching or chemical | 3 | | analysis, a
controlled substance in the course of professional | 4 | | practice or research.
| 5 | | (ll) "Pre-printed prescription" means a written | 6 | | prescription upon which
the designated drug has been indicated | 7 | | prior to the time of issuance; the term does not mean a written | 8 | | prescription that is individually generated by machine or | 9 | | computer in the prescriber's office.
| 10 | | (mm) "Prescriber" means a physician licensed to practice | 11 | | medicine in all
its branches, dentist, optometrist, | 12 | | podiatrist , prescribing psychologist, or
veterinarian who | 13 | | issues a prescription, a physician assistant who
issues a
| 14 | | prescription for a controlled substance
in accordance
with | 15 | | Section 303.05, a written delegation, and a written supervision | 16 | | agreement required under Section 7.5
of the
Physician Assistant | 17 | | Practice Act of 1987, or an advanced practice
nurse with | 18 | | prescriptive authority delegated under Section 65-40 of the | 19 | | Nurse Practice Act and in accordance with Section 303.05, a | 20 | | written delegation,
and a written
collaborative agreement | 21 | | under Section 65-35 of the Nurse Practice Act.
| 22 | | (nn) "Prescription" means a written, facsimile, or oral | 23 | | order, or an electronic order that complies with applicable | 24 | | federal requirements,
of
a physician licensed to practice | 25 | | medicine in all its branches,
dentist, podiatrist , prescribing | 26 | | psychologist, or veterinarian for any controlled
substance, of |
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| 1 | | an optometrist for a Schedule III, IV, or V controlled | 2 | | substance in accordance with Section 15.1 of the Illinois | 3 | | Optometric Practice Act of 1987, of a physician assistant for a
| 4 | | controlled substance
in accordance with Section 303.05, a | 5 | | written delegation, and a written supervision agreement | 6 | | required under
Section 7.5 of the
Physician Assistant Practice | 7 | | Act of 1987, or of an advanced practice
nurse with prescriptive | 8 | | authority delegated under Section 65-40 of the Nurse Practice | 9 | | Act who issues a prescription for a
controlled substance in | 10 | | accordance
with
Section 303.05, a written delegation, and a | 11 | | written collaborative agreement under Section 65-35 of the | 12 | | Nurse Practice Act when required by law.
| 13 | | (nn-5) "Prescription Information Library" (PIL) means an | 14 | | electronic library that contains reported controlled substance | 15 | | data. | 16 | | (nn-10) "Prescription Monitoring Program" (PMP) means the | 17 | | entity that collects, tracks, and stores reported data on | 18 | | controlled substances and select drugs pursuant to Section 316. | 19 | | (oo) "Production" or "produce" means manufacture, | 20 | | planting,
cultivating, growing, or harvesting of a controlled | 21 | | substance other than methamphetamine.
| 22 | | (pp) "Registrant" means every person who is required to | 23 | | register
under Section 302 of this Act.
| 24 | | (qq) "Registry number" means the number assigned to each | 25 | | person
authorized to handle controlled substances under the | 26 | | laws of the United
States and of this State.
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| 1 | | (qq-5) "Secretary" means, as the context requires, either | 2 | | the Secretary of the Department or the Secretary of the | 3 | | Department of Financial and Professional Regulation, and the | 4 | | Secretary's designated agents. | 5 | | (rr) "State" includes the State of Illinois and any state, | 6 | | district,
commonwealth, territory, insular possession thereof, | 7 | | and any area
subject to the legal authority of the United | 8 | | States of America.
| 9 | | (rr-5) "Stimulant" means any drug that (i) causes an | 10 | | overall excitation of central nervous system functions, (ii) | 11 | | causes impaired consciousness and awareness, and (iii) can be | 12 | | habit-forming or lead to a substance abuse problem, including | 13 | | but not limited to amphetamines and their analogs, | 14 | | methylphenidate and its analogs, cocaine, and phencyclidine | 15 | | and its analogs. | 16 | | (ss) "Ultimate user" means a person who lawfully possesses | 17 | | a
controlled substance for his or her own use or for the use of | 18 | | a member of his or her
household or for administering to an | 19 | | animal owned by him or her or by a member
of his or her | 20 | | household.
| 21 | | (Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09; | 22 | | 97-334, eff. 1-1-12.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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