State of Illinois
91st General Assembly
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91_HB1736

 
                                               LRB9105082ACtm

 1        AN ACT concerning psychologists.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Clinical Psychologist  Licensing  Act  is
 5    amended  by changing Sections 2 and 15 and by adding Sections
 6    5.1, 5.2, 5.3, 5.4, 5.5, and 5.6 as follows:

 7        (225 ILCS 15/2) (from Ch. 111, par. 5352)
 8        Sec. 2.  Definitions.  As used in this Act:
 9             (1)  "Department"   means    the    Department    of
10        Professional Regulation.
11             (2)  "Director"  means  the Director of Professional
12        Regulation.
13             (3)  "Board"  means   the   Clinical   Psychologists
14        Licensing   and   Disciplinary  Board  appointed  by  the
15        Director.
16             (4)  "Person"  means  an  individual,   association,
17        partnership or corporation.
18             (5)  "Clinical  psychology"  means  the  independent
19        evaluation,   classification  and  treatment  of  mental,
20        emotional, behavioral or nervous disorders or conditions,
21        developmental  disabilities,  alcoholism  and   substance
22        abuse,  disorders  of habit or conduct, the psychological
23        aspects of physical illness.  The  practice  of  clinical
24        psychology    includes    psychoeducational   evaluation,
25        therapy,  remediation  and  consultation,  the   use   of
26        psychological and neuropsychological testing, assessment,
27        psychotherapy, psychoanalysis, hypnosis, biofeedback, and
28        behavioral  modification  when  any of these are used for
29        the purpose of preventing or eliminating psychopathology,
30        or for the amelioration  of  psychological  disorders  of
31        individuals  or  groups.   "Clinical psychology" does not
 
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 1        include  the  use  of  hypnosis  by  unlicensed   persons
 2        pursuant to Section 3.
 3             (6)  A  person  represents himself to be a "clinical
 4        psychologist" within the meaning of this Act when  he  or
 5        she  holds  himself  out  to  the  public by any title or
 6        description   of   services   incorporating   the   words
 7        "psychological",      "psychologic",      "psychologist",
 8        "psychology", or "clinical psychologist"  or  under  such
 9        title or description offers to render or renders clinical
10        psychological  services  as  defined  in paragraph (7) of
11        this Section to individuals, corporations, or the  public
12        for remuneration.
13             (7)  "Clinical psychological services" refers to any
14        services under paragraph (5) of this Section if the words
15        "psychological",      "psychologic",      "psychologist",
16        "psychology"  or  "clinical  psychologist"  are  used  to
17        describe  such  services  by  the  person or organization
18        offering to render or rendering them.
19             (8)  "Drugs" shall have the  same  meaning  as  that
20        term is given in the Pharmacy Practice Act of 1987.
21             (9)  "Medicines" shall have the same meaning as that
22        term is given in the Pharmacy Practice Act of 1987.
23             (10)  "Prescription"  means  an  order  for  a drug,
24        laboratory  test,   or   any   medicines,   devices,   or
25        treatments,  including  controlled substances, as defined
26        by State law.
27             (11)  "Prescriptive authority" means  the  authority
28        to  prescribe  and  dispense  drugs,  medicines, or other
29        treatment procedures.
30             (12)  "Psychologist certified to prescribe" means  a
31        licensed,  doctoral-level  psychologist who has undergone
32        specialized training, has passed an examination  accepted
33        by  the  Illinois  Clinical  Psychologist  Licensing  and
34        Disciplinary   Board,   and   has   received   a  current
 
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 1        certificate granting prescriptive authority that has  not
 2        been  revoked  or  suspended  from  the Illinois Clinical
 3        Psychologist Licensing and Disciplinary Board.
 4        This Act shall not apply to persons lawfully carrying  on
 5    their  particular  profession  or  business  under  any valid
 6    existing regulatory Act of the State.
 7    (Source: P.A. 89-702, eff. 7-1-97; 90-473, eff. 1-1-98.)

 8        (225 ILCS 15/5.1 new)
 9        Sec.  5.1.   Certification  to  prescribe   drugs.    The
10    Illinois  Clinical  Psychologist  Licensing  and Disciplinary
11    Board shall certify licensed, doctoral-level psychologists to
12    prescribe and dispense drugs in  accordance  with  applicable
13    State and federal laws. The Board shall develop and implement
14    procedures for reviewing educational and training credentials
15    for  that  certification  process  in accordance with current
16    standards of professional practice.   The  Illinois  Clinical
17    Psychologist  Licensing  and  Disciplinary Board may seek the
18    advice of other State agencies with  relevant  experience  in
19    devising the certification procedures and criteria.

20        (225 ILCS 15/5.2 new)
21        Sec.   5.2.  Application  requirements  for  prescriptive
22    authority.
23        (a)  The  Department  shall  grant  certification  to   a
24    psychologist  who  applies  for  prescriptive  authority  and
25    demonstrates   by   official  transcript  or  other  official
26    evidence satisfactory to the Illinois  Clinical  Psychologist
27    Licensing and Disciplinary Board all of the following:
28             (1)  completion  of a doctoral program in psychology
29        from a regionally-accredited university  or  professional
30        school  or,  if the program is not accredited at the time
31        of  graduation,  completion  of  a  doctoral  program  in
32        psychology that meets recognized acceptable  professional
 
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 1        standards   as   determined   by  the  Illinois  Clinical
 2        Psychologist Licensing and Disciplinary Board;
 3             (2)  that he or  she  holds  a  current  license  to
 4        practice psychology in Illinois;
 5             (3)  completion of an organized program of intensive
 6        didactic  instruction as defined by the Illinois Clinical
 7        Psychologist Licensing and Disciplinary Board within  the
 8        5-year period immediately before the date of application,
 9        consisting   of  a  minimum  of  300  contact  hours  and
10        consisting of the following core  areas  of  instruction:
11        neuroscience,      pharmacology,      psychopharmacology,
12        physiology,  pathophysiology,  appropriate  and  relevant
13        physical   and   laboratory   assessment,   and  clinical
14        pharmacotherapeutics;
15             (4)  that he or  she  has  obtained  supervised  and
16        relevant   clinical   experience  sufficient  to  achieve
17        competency  in  the  treatment  of  a   diverse   patient
18        population    under    the    direction    of   qualified
19        practitioners, as determined  by  the  Illinois  Clinical
20        Psychologist Licensing and Disciplinary Board, within the
21        5-year   period   immediately   preceding   the  date  of
22        application  that includes the pharmacological  treatment
23        of  a  minimum of 100 patients under the full supervision
24        and control of a designated qualified  practitioner,  who
25        will   then   certify  the  clinical  competency  of  the
26        candidate for certification; and
27             (5)  that  he  or  she  has  passed   a   certifying
28        examination   administered   by   the  Illinois  Clinical
29        Psychologist Licensing and Disciplinary Board.
30        (b)  The  Department  shall  grant  certification  to   a
31    psychologist  who  applies  for  prescriptive  authority, has
32    completed  the  requirements  specified  in  subsection  (a),
33    except that the academic requirements  in  paragraph  (3)  of
34    subsection  (a)  have been met more than 5 years prior to the
 
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 1    application for prescriptive authority, and has completed  24
 2    hours  of  continuing  education  in  the 2 years immediately
 3    prior to application as specified in Section 5.3.

 4        (225 ILCS 15/5.3 new)
 5        Sec. 5.3.  Renewal of prescriptive authority.
 6        (a) The  Illinois  Clinical  Psychologist  Licensing  and
 7    Disciplinary  Board  shall establish by rule a method for the
 8    annual renewal of prescriptive authority at the time of or in
 9    conjunction with the renewal of clinical psychology licenses.
10        (b) Each applicant for renewal of prescriptive  authority
11    shall  present satisfactory evidence to the Illinois Clinical
12    Psychologist Licensing and Disciplinary  Board  demonstrating
13    the  completion  of 24 required hours of instruction relevant
14    to prescriptive authority  during  the  24  months  prior  to
15    application for renewal.

16        (225 ILCS 15/5.4 new)
17        Sec. 5.4.  Prescribing practices.
18        (a)  Every  prescription  by  a psychologist certified to
19    prescribe shall comply with all applicable State and  federal
20    laws,  be  identified  as  issued  by  the  psychologist as a
21    "psychologist certified to prescribe", and shall include  the
22    prescriber's  identification  number assigned by the Illinois
23    Clinical Psychologist Licensing and Disciplinary Board.
24        (b) Records of all prescriptions shall be  maintained  in
25    patient records.
26        (c)  A psychologist shall not delegate the prescribing of
27    drugs to any other person.

28        (225 ILCS 15/5.5 new)
29        Sec. 5.5.  Controlled substance prescriptive authority.
30        (a) When authorized to prescribe  controlled  substances,
31    each  psychologist  certified  to  prescribe  shall file in a
 
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 1    timely manner any and all individual Drug Enforcement  Agency
 2    (DEA)  registrations  and  numbers with the Illinois Clinical
 3    Psychologist Licensing and Disciplinary Board.
 4        (b) The  Illinois  Clinical  Psychologist  Licensing  and
 5    Disciplinary  Board  shall  maintain current records of every
 6    psychologist   certified   to   prescribe,   including    DEA
 7    registration and numbers.

 8        (225 ILCS 15/5.6 new)
 9        Sec.  5.6.   Interaction with the Illinois State Board of
10    Pharmacy.
11        (a) The  Illinois  Clinical  Psychologist  Licensing  and
12    Disciplinary Board shall transmit to the Illinois State Board
13    of  Pharmacy  an  annual  list  of psychologists certified to
14    prescribe containing the following information:
15             (1) the name of the psychologist;
16             (2)   the   psychologist's   identification   number
17        assigned by the Illinois Clinical Psychologist  Licensing
18        and Disciplinary Board; and
19             (3) the effective date of prescriptive authority.
20        (b)  The  Illinois  Clinical  Psychologist  Licensing and
21    Disciplinary Board shall promptly  forward  to  the  Illinois
22    State Board of Pharmacy the names and titles of psychologists
23    added  to  or  deleted  from the annual list of psychologists
24    certified to prescribe.
25        (c) The  Illinois  Clinical  Psychologist  Licensing  and
26    Disciplinary  Board  shall notify the Illinois State Board of
27    Pharmacy in a timely manner upon termination, suspension,  or
28    reinstatement of a psychologist's prescriptive authority.

29        (225 ILCS 15/15) (from Ch. 111, par. 5365)
30        Sec. 15.  Disciplinary action; grounds.
31        (a)  The Department may refuse to issue, refuse to renew,
32    suspend, or revoke any license, or may  place  on  probation,
 
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 1    censure,  reprimand, or take other disciplinary action deemed
 2    appropriate by the Department, including  the  imposition  of
 3    fines  not to exceed $5000 for each violation, with regard to
 4    any license issued under the provisions of this Act  for  any
 5    one or a combination of the following reasons:
 6        (1)  Conviction  of  any crime that is a felony under the
 7    laws of the United States or any state or  territory  thereof
 8    or  that  is  a  misdemeanor of which an essential element is
 9    dishonesty, or any crime that  is  directly  related  to  the
10    practice of the profession.
11        (2)  Gross   negligence  in  the  rendering  of  clinical
12    psychological services.
13        (3)  Using  fraud  or  making  any  misrepresentation  in
14    applying for a license or in passing the examination provided
15    for in this Act.
16        (4)  Aiding or abetting or conspiring to aid  or  abet  a
17    person,  not a clinical psychologist licensed under this Act,
18    in representing himself or  herself  as  so  licensed  or  in
19    applying for a license under this Act.
20        (5)  Violation  of any provision of this Act or the rules
21    promulgated thereunder.
22        (6)  Professional  connection  or  association  with  any
23    person, firm, association, partnership or corporation holding
24    himself, herself, themselves, or itself  out  in  any  manner
25    contrary to this Act.
26        (7)  Unethical, unauthorized or unprofessional conduct as
27    defined  by rule. In establishing those rules, the Department
28    shall consider, though is not bound by, the ethical standards
29    for  psychologists   promulgated   by   recognized   national
30    psychology associations.
31        (8)  Aiding  or assisting another person in violating any
32    provisions of this Act or the rules promulgated thereunder.
33        (9)  Failing to provide, within 60 days,  information  in
34    response to a written request made by the Department.
 
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 1        (10)  Habitual  or excessive use or addiction to alcohol,
 2    narcotics, stimulants, or any other chemical  agent  or  drug
 3    that  results  in  a  clinical  psychologist's  inability  to
 4    practice with reasonable judgment, skill or safety.
 5        (11)  Discipline   by   another   state,  territory,  the
 6    District of Columbia or foreign country, if at least  one  of
 7    the  grounds  for the discipline is the same or substantially
 8    equivalent to those set forth herein.
 9        (12)  Directly or indirectly giving or receiving from any
10    person, firm, corporation,  association  or  partnership  any
11    fee, commission, rebate or other form of compensation for any
12    professional service not actually or personally rendered.
13        (13)  A  finding  by  the  Board that the licensee, after
14    having his or her license placed on probationary  status  has
15    violated the terms of probation.
16        (14)  Willfully   making   or  filing  false  records  or
17    reports, including but  not  limited  to,  false  records  or
18    reports filed with State agencies or departments.
19        (15)  Physical  illness,  including  but  not limited to,
20    deterioration through the aging process,  mental  illness  or
21    disability  that  results  in  the  inability to practice the
22    profession with reasonable judgment, skill and safety.
23        (16)  Willfully  failing  to  report   an   instance   of
24    suspected  child  abuse  or neglect as required by the Abused
25    and Neglected Child Reporting Act.
26        (17)  Being named as a perpetrator in an indicated report
27    by the Department of Children and Family Services pursuant to
28    the Abused and Neglected Child Reporting Act, and upon  proof
29    by clear and convincing evidence that the licensee has caused
30    a  child  to be an abused child or neglected child as defined
31    in the Abused and Neglected Child Reporting Act.
32        (18)  Violation of the Health Care  Worker  Self-Referral
33    Act.
34        (19)  Making   a   material  misstatement  in  furnishing
 
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 1    information to the Department, any  other  State  or  federal
 2    agency, or any other entity.
 3        The  entry  of an order by any circuit court establishing
 4    that any person holding a license under this Act  is  subject
 5    to  involuntary  admission  or judicial admission as provided
 6    for in the Mental Health and Developmental Disabilities Code,
 7    operates as an automatic suspension of  that  license.   That
 8    person  may  have  his  or her license restored only upon the
 9    determination by a circuit  court  that  the  patient  is  no
10    longer subject to involuntary admission or judicial admission
11    and  the  issuance of an order so finding and discharging the
12    patient and upon the Board's recommendation to the Department
13    that the license be restored.   Where  the  circumstances  so
14    indicate,  the Board  may recommend to the Department that it
15    require an examination prior  to  restoring  any  license  so
16    automatically suspended.
17        The  Department  may  refuse  to issue or may suspend the
18    license of any person who fails to file a return, or  to  pay
19    the  tax,  penalty or interest shown in a filed return, or to
20    pay any final assessment of the tax penalty or  interest,  as
21    required   by  any  tax  Act  administered  by  the  Illinois
22    Department of Revenue, until such time as the requirements of
23    any such tax Act are satisfied.
24        In enforcing this Section, the Board upon a showing of  a
25    possible violation may compel any person licensed to practice
26    under   this  Act,  or  who  has  applied  for  licensure  or
27    certification pursuant to this Act, to submit to a mental  or
28    physical  examination,  or  both,  as  required by and at the
29    expense of  the  Department.   The  examining  physicians  or
30    clinical psychologists shall be those specifically designated
31    by  the  Board.    The  Board or the Department may order the
32    examining  physician  or  clinical  psychologist  to  present
33    testimony concerning this mental or physical  examination  of
34    the  licensee or applicant.  No information shall be excluded
 
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 1    by reason of any common law or statutory  privilege  relating
 2    to  communications  between the licensee or applicant and the
 3    examining physician or clinical psychologist.  The person  to
 4    be  examined  may  have,  at  his or her own expense, another
 5    physician or clinical  psychologist  of  his  or  her  choice
 6    present  during  all  aspects of the examination.  Failure of
 7    any person to submit to a  mental  or  physical  examination,
 8    when  directed,  shall be grounds for suspension of a license
 9    until the person submits to  the  examination  if  the  Board
10    finds,  after  notice and hearing, that the refusal to submit
11    to the examination was without reasonable cause.
12        If the Board finds a person unable to practice because of
13    the reasons set forth in this Section, the Board may  require
14    that  person  to  submit  to care, counseling or treatment by
15    physicians or clinical psychologists approved  or  designated
16    by  the  Board,  as  a  condition,  term,  or restriction for
17    continued, reinstated, or renewed licensure to practice;  or,
18    in  lieu  of  care,  counseling  or  treatment, the Board may
19    recommend  to  the  Department  to  file   a   complaint   to
20    immediately  suspend,  revoke  or  otherwise  discipline  the
21    license  of the person. Any person whose license was granted,
22    continued, reinstated,  renewed,  disciplined  or  supervised
23    subject  to  such  terms, conditions or restrictions, and who
24    fails to comply with such terms, conditions or  restrictions,
25    shall  be  referred to the Director for a determination as to
26    whether the person shall have his or  her  license  suspended
27    immediately, pending a hearing by the Board.
28        In instances in which the Director immediately suspends a
29    person's  license  under  this  Section,  a  hearing  on that
30    person's license must be convened by the Board within 15 days
31    after the suspension and completed without appreciable delay.
32    The Board shall have the  authority  to  review  the  subject
33    person's  record  of  treatment  and counseling regarding the
34    impairment, to the extent  permitted  by  applicable  federal
 
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 1    statutes  and regulations safeguarding the confidentiality of
 2    medical records.
 3        A person licensed under this Act and affected under  this
 4    Section  shall  be  afforded an opportunity to demonstrate to
 5    the Board that he or she can resume  practice  in  compliance
 6    with acceptable and prevailing standards under the provisions
 7    of his or her license.
 8        (b)  The  Illinois  Clinical  Psychologist  Licensing and
 9    Disciplinary Board  shall  prescribe  by  rule  criteria  for
10    disciplining,   suspending,   or  revoking  the  prescriptive
11    authority of a  psychologist  certified  to  prescribe.   The
12    Illinois  Clinical  Psychologist  Licensing  and Disciplinary
13    Board shall have the power and duty to  require  remediation,
14    suspension,  or  revocation  of a psychologist's prescriptive
15    authority for a specified period of time to be determined  at
16    the   discretion   of   the  Illinois  Clinical  Psychologist
17    Licensing and Disciplinary Board  in  accordance  with  State
18    law.
19    (Source: P.A. 89-702, eff. 7-1-97.)

20        Section  10.   The  Nursing and Advanced Practice Nursing
21    Act is amended by changing Section 5-10 as follows:

22        (225 ILCS 65/5-10)
23        Sec. 5-10.  Definitions.  Each of  the  following  terms,
24    when  used in this Act, shall have the meaning ascribed to it
25    in this Section, except where the context  clearly  indicates
26    otherwise:
27        (a)  "Department"  means  the  Department of Professional
28    Regulation.
29        (b)  "Director"  means  the  Director   of   Professional
30    Regulation.
31        (c)  "Board"  means the Board of Nursing appointed by the
32    Director.
 
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 1        (d)  "Academic year" means the customary annual  schedule
 2    of  courses  at  a  college,  university, or approved school,
 3    customarily regarded as the school year as distinguished from
 4    the calendar year.
 5        (e)  "Approved program of professional nursing education"
 6    and "approved program of  practical  nursing  education"  are
 7    programs  of professional or practical nursing, respectively,
 8    approved by the Department under the provisions of this Act.
 9        (f)  "Nursing  Act  Coordinator"   means   a   registered
10    professional nurse appointed by the Director to carry out the
11    administrative policies of the Department.
12        (g)  "Assistant   Nursing   Act   Coordinator"   means  a
13    registered professional nurse appointed by  the  Director  to
14    assist  in  carrying  out  the administrative policies of the
15    Department.
16        (h)  "Registered" is the equivalent of "licensed".
17        (i)  "Practical  nurse"  or  "licensed  practical  nurse"
18    means a person who is licensed as  a  practical  nurse  under
19    this  Act  and  practices  practical  nursing  as  defined in
20    paragraph (j)  of  this  Section.   Only  a  practical  nurse
21    licensed  under  this  Act  is  entitled  to  use  the  title
22    "licensed practical nurse" and the abbreviation "L.P.N.".
23        (j)  "Practical nursing" means the performance of nursing
24    acts  requiring  the  basic nursing knowledge, judgement, and
25    skill  acquired  by  means  of  completion  of  an   approved
26    practical   nursing  education  program.   Practical  nursing
27    includes assisting in the nursing process as delegated by and
28    under the direction of a registered professional nurse.   The
29    practical  nurse  may  work under the direction of a licensed
30    physician,  dentist,  podiatrist,  or   other   health   care
31    professional determined by the Department.
32        (k)  "Registered   Nurse"   or  "Registered  Professional
33    Nurse" means a person who is licensed as a professional nurse
34    under this Act and practices nursing as defined in  paragraph
 
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 1    (l)  of this Section.  Only a registered nurse licensed under
 2    this Act is entitled to use the titles "registered nurse" and
 3    "registered professional nurse" and the abbreviation, "R.N.".
 4        (l)  "Registered professional nursing practice"  includes
 5    all  nursing  specialities  and  means the performance of any
 6    nursing act based upon professional knowledge, judgment,  and
 7    skills  acquired  by  means  of  completion  of  an  approved
 8    registered   professional   nursing   education  program.   A
 9    registered   professional   nurse   provides   nursing   care
10    emphasizing   the   importance   of   the   whole   and   the
11    interdependence of its parts through the nursing  process  to
12    individuals,  groups, families, or communities, that includes
13    but is not limited  to:  (1)  the  assessment  of  healthcare
14    needs,   nursing  diagnosis,  planning,  implementation,  and
15    nursing  evaluation;  (2)  the  promotion,  maintenance,  and
16    restoration of health;  (3)  counseling,  patient  education,
17    health    education,    and   patient   advocacy;   (4)   the
18    administration of medications and treatments as prescribed by
19    a physician licensed to  practice  medicine  in  all  of  its
20    branches,  a  licensed  dentist,  a  licensed  podiatrist,  a
21    psychologist   certified   to   prescribe,   or   a  licensed
22    optometrist or as prescribed  by  a  physician  assistant  in
23    accordance   with   written  guidelines  required  under  the
24    Physician Assistant Practice Act of 1987 or  by  an  advanced
25    practice  nurse  in  accordance  with a written collaborative
26    agreement required under the Nursing  and  Advanced  Practice
27    Nursing  Act;  (5)  the  coordination  and  management of the
28    nursing plan of care; (6) the delegation to  and  supervision
29    of  individuals  who assist the registered professional nurse
30    implementing  the  plan  of  care;  and  (7)   teaching   and
31    supervision  of nursing students.  The foregoing shall not be
32    deemed  to  include  those  acts  of  medical  diagnosis   or
33    prescription  of  therapeutic or corrective measures that are
34    properly performed only by physicians licensed in  the  State
 
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 1    of Illinois.
 2        (m)  "Current  nursing  practice  update  course" means a
 3    planned  nursing  education  curriculum   approved   by   the
 4    Department  consisting  of  activities  that have educational
 5    objectives, instructional methods, content or subject matter,
 6    clinical practice, and evaluation methods, related  to  basic
 7    review  and  updating  content  and  specifically planned for
 8    those nurses previously licensed in the United States or  its
 9    territories and preparing for reentry into nursing practice.
10        (n)  "Professional assistance program for nurses" means a
11    professional   assistance   program   that   meets   criteria
12    established  by  the  Board  of  Nursing  and approved by the
13    Director,  which  provides   a   non-disciplinary   treatment
14    approach  for nurses licensed under this Act whose ability to
15    practice is compromised  by  alcohol  or  chemical  substance
16    addiction.
17    (Source:  P.A.  90-61,  eff.  12-30-97;  90-248, eff. 1-1-98;
18    90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)

19        Section 15.  The Pharmacy Practice Act of 1987 is amended
20    by changing Sections 3 and 4 as follows:

21        (225 ILCS 85/3) (from Ch. 111, par. 4123)
22        Sec. 3. Definitions.  For the purpose of this Act, except
23    where otherwise limited therein:
24        (a)  "Pharmacy" or "drugstore" means and  includes  every
25    store,  shop,  pharmacy  department,  or  other  place  where
26    pharmaceutical  care  is  provided  by a pharmacist (1) where
27    drugs, medicines, or poisons are dispensed, sold  or  offered
28    for  sale  at retail, or displayed for sale at retail; or (2)
29    where prescriptions of physicians,  dentists,  veterinarians,
30    podiatrists,   psychologists   certified   to  prescribe,  or
31    therapeutically certified optometrists, within the limits  of
32    their  licenses, are compounded, filled, or dispensed; or (3)
 
                            -15-               LRB9105082ACtm
 1    which has upon it or displayed within it, or  affixed  to  or
 2    used  in connection with it, a sign bearing the word or words
 3    "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical  Care",
 4    "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
 5    "Drugs", "Medicines", or any word or words of similar or like
 6    import, either in the English language or any other language;
 7    or  (4)  where  the  characteristic prescription sign (Rx) or
 8    similar design is exhibited; or (5) any store,  or  shop,  or
 9    other  place  with  respect  to which any of the above words,
10    objects, signs or designs are used in any advertisement.
11        (b)  "Drugs" means and includes (l)  articles  recognized
12    in   the   official   United   States  Pharmacopoeia/National
13    Formulary (USP/NF),  or  any  supplement  thereto  and  being
14    intended  for  and  having  for their main use the diagnosis,
15    cure, mitigation, treatment or prevention of disease  in  man
16    or  other  animals, as approved by the United States Food and
17    Drug Administration, but does not include  devices  or  their
18    components, parts, or accessories; and (2) all other articles
19    intended  for  and  having  for their main use the diagnosis,
20    cure, mitigation, treatment or prevention of disease  in  man
21    or  other  animals, as approved by the United States Food and
22    Drug Administration, but does not include  devices  or  their
23    components,  parts,  or  accessories; and (3) articles (other
24    than food) having for their main use and intended  to  affect
25    the  structure  or  any  function of the body of man or other
26    animals; and (4) articles  having  for  their  main  use  and
27    intended  for use as a component or any articles specified in
28    clause (l), (2) or (3); but does not include devices or their
29    components, parts or accessories.
30        (c)  "Medicines" means and includes  all  drugs  intended
31    for  human  or  veterinary  use approved by the United States
32    Food and Drug Administration.
33        (d)  "Practice  of  pharmacy"  means  the  provision   of
34    pharmaceutical   care   to  patients  as  determined  by  the
 
                            -16-               LRB9105082ACtm
 1    pharmacist's professional judgment in  the  following  areas,
 2    which  may  include  but  are  not  limited  to  (1)  patient
 3    counseling,   (2)   interpretation   and   assisting  in  the
 4    monitoring of  appropriate  drug  use  and  prospective  drug
 5    utilization   review,   (3)   providing  information  on  the
 6    therapeutic  values,  reactions,  drug   interactions,   side
 7    effects,  uses, selection of medications and medical devices,
 8    and outcome  of  drug  therapy,  (4)  participation  in  drug
 9    selection,   drug   monitoring,   drug   utilization  review,
10    evaluation, administration,  interpretation,  application  of
11    pharmacokinetic  and  laboratory  data  to  design  safe  and
12    effective  drug  regimens,  (5)  drug  research (clinical and
13    scientific), and (6) compounding and dispensing of drugs  and
14    medical devices.
15        (e)  "Prescription" means and includes any written, oral,
16    facsimile,  or  electronically transmitted order for drugs or
17    medical devices, issued by a physician licensed  to  practice
18    medicine  in  all  its  branches,  dentist,  veterinarian, or
19    podiatrist,  or therapeutically certified optometrist, within
20    the limits of their licenses, by  a  physician  assistant  in
21    accordance  with  subsection  (f)  of  Section  4,  or  by an
22    advanced practice nurse in accordance with subsection (g)  of
23    Section 4, containing the following: (l) name of the patient;
24    (2)  date when prescription was issued; (3) name and strength
25    of drug or description of the medical device prescribed;  and
26    (4)  quantity, (5) directions for use, (6) prescriber's name,
27    address and signature, and (7) DEA number where required, for
28    controlled substances. DEA numbers shall not be  required  on
29    inpatient drug orders.
30        (f)  "Person"   means  and  includes  a  natural  person,
31    copartnership, association, corporation,  government  entity,
32    or any other legal entity.
33        (g)  "Department"  means  the  Department of Professional
34    Regulation.
 
                            -17-               LRB9105082ACtm
 1        (h)  "Board of Pharmacy" or "Board" means the State Board
 2    of Pharmacy of the Department of Professional Regulation.
 3        (i)  "Director"  means  the  Director   of   Professional
 4    Regulation.
 5        (j)  "Drug product selection" means the interchange for a
 6    prescribed  pharmaceutical product in accordance with Section
 7    25 of this Act and Section 3.14 of the  Illinois  Food,  Drug
 8    and Cosmetic Act.
 9        (k)  "Inpatient  drug  order" means an order issued by an
10    authorized prescriber for a resident or patient of a facility
11    licensed under the Nursing Home  Care  Act  or  the  Hospital
12    Licensing  Act,  or  "An  Act in relation to the founding and
13    operation of the University  of  Illinois  Hospital  and  the
14    conduct  of  University  of  Illinois  health care programs",
15    approved July 3, 1931, as amended, or  a  facility  which  is
16    operated by the Department of Human Services (as successor to
17    the   Department   of   Mental   Health   and   Developmental
18    Disabilities) or the Department of Corrections.
19        (k-5)  "Pharmacist"   means   an   individual   currently
20    licensed by this State to engage in the practice of pharmacy.
21        (l)  "Pharmacist in charge" means the licensed pharmacist
22    whose  name  appears on a pharmacy license who is responsible
23    for all aspects of the operation related to the  practice  of
24    pharmacy.
25        (m)  "Dispense"  means  the delivery of drugs and medical
26    devices, in accordance with applicable State and federal laws
27    and  regulations,   to   the   patient   or   the   patient's
28    representative   authorized   to   receive   these  products,
29    including the compounding, packaging, and labeling  necessary
30    for delivery, and any recommending or advising concerning the
31    contents  and therapeutic values and uses thereof. "Dispense"
32    does not mean  the  physical  delivery  to  a  patient  or  a
33    patient's  representative  in  a  home  or  institution  by a
34    designee of a pharmacist or by  common  carrier.   "Dispense"
 
                            -18-               LRB9105082ACtm
 1    also does not mean the physical delivery of a drug or medical
 2    device   to  a  patient  or  patient's  representative  by  a
 3    pharmacist's designee within a pharmacy  or  drugstore  while
 4    the pharmacist is on duty and the pharmacy is open.
 5        (n)  "Mail-order  pharmacy"  means  a  pharmacy  that  is
 6    located in a state of the United States, other than Illinois,
 7    that  delivers,  dispenses or distributes, through the United
 8    States Postal Service or other common  carrier,  to  Illinois
 9    residents, any substance which requires a prescription.
10        (o)  "Compounding"   means   the   preparation,   mixing,
11    assembling,  packaging,  or  labeling  of  a  drug or medical
12    device: (1) as the result of  a  practitioner's  prescription
13    drug  order  or  initiative  that  is dispensed pursuant to a
14    prescription in the course of professional practice;  or  (2)
15    for  the  purpose  of, or incident to, research, teaching, or
16    chemical analysis; or (3)  in  anticipation  of  prescription
17    drug  orders based on routine, regularly observed prescribing
18    patterns.
19        (p)  "Confidential   information"   means    information,
20    maintained  by  the  pharmacist  in  the  patient's  records,
21    released  only (i) to the patient or, as the patient directs,
22    to other practitioners and other pharmacists or (ii)  to  any
23    other person authorized by law to receive the information.
24        (q)  "Prospective   drug  review"  or  "drug  utilization
25    evaluation" means a  screening  for  potential  drug  therapy
26    problems   due   to   therapeutic  duplication,  drug-disease
27    contraindications, drug-drug interactions (including  serious
28    interactions with nonprescription or over-the-counter drugs),
29    drug-food  interactions, incorrect drug dosage or duration of
30    drug treatment, drug-allergy interactions, and clinical abuse
31    or misuse.
32        (r)  "Patient counseling" means the communication between
33    a  pharmacist  or  a  student  pharmacist  under  the  direct
34    supervision of a pharmacist and a patient  or  the  patient's
 
                            -19-               LRB9105082ACtm
 1    representative  about  the patient's medication or device for
 2    the  purpose  of  optimizing  proper  use   of   prescription
 3    medications   or  devices.   The  offer  to  counsel  by  the
 4    pharmacist  or  the  pharmacist's  designee,  and  subsequent
 5    patient counseling by the pharmacist or  student  pharmacist,
 6    shall  be  made  in  a  face-to-face  communication  with the
 7    patient  or   patient's   representative   unless,   in   the
 8    professional  judgment  of  the  pharmacist,  a  face-to-face
 9    communication  is  deemed  inappropriate  or unnecessary.  In
10    that instance, the offer to counsel or patient counseling may
11    be made in a written communication, by  telephone,  or  in  a
12    manner determined by the pharmacist to be appropriate.
13        (s)  "Patient  profiles" or "patient drug therapy record"
14    means the obtaining, recording, and  maintenance  of  patient
15    prescription and personal information.
16        (t)  "Pharmaceutical  care"  includes, but is not limited
17    to, the act of monitoring drug use  and  other  patient  care
18    services  intended  to  achieve  outcomes  that  improve  the
19    patient's  quality  of life but shall not include the sale of
20    over-the-counter drugs by a seller of goods and services  who
21    does not dispense prescription drugs.
22        (u)  "Medical  device"  means  an  instrument, apparatus,
23    implement, machine, contrivance, implant, in  vitro  reagent,
24    or  other similar or related article, including any component
25    part or accessory, required under federal  law  to  bear  the
26    label  "Caution: Federal law requires dispensing by or on the
27    order of a physician". A seller of goods  and  services  who,
28    only  for  the  purpose  of  retail  sales, compounds, sells,
29    rents, or  leases  medical  devices  shall  not,  by  reasons
30    thereof, be required to be a licensed pharmacy.
31    (Source: P.A.  89-202,  eff.  7-21-95;  89-507,  eff. 7-1-97;
32    90-116, eff. 7-14-97;  90-253,  eff.  7-29-97;  90-655,  eff.
33    7-30-98; 90-742, eff. 8-13-98.)
 
                            -20-               LRB9105082ACtm
 1        (225 ILCS 85/4) (from Ch. 111, par. 4124)
 2        Sec.  4.  Exemptions. Nothing contained in any Section of
 3    this Act shall apply to, or in any manner interfere with:
 4        (a)  the lawful practice of  any  physician  licensed  to
 5    practice   medicine   in   all   of  its  branches,  dentist,
 6    podiatrist,   veterinarian,   psychologist    certified    to
 7    prescribe,  or  therapeutically  or  diagnostically certified
 8    optometrist within the limits  of  his  or  her  license,  or
 9    prevent  him  or  her  from supplying to his or her bona fide
10    patients such drugs, medicines, or poisons as may seem to him
11    appropriate;
12        (b)  the sale of compressed gases;
13        (c)  the sale of  patent  or  proprietary  medicines  and
14    household   remedies  when  sold  in  original  and  unbroken
15    packages only, if such patent or  proprietary  medicines  and
16    household  remedies  be properly and adequately labeled as to
17    content and usage and generally considered  and  accepted  as
18    harmless   and   nonpoisonous  when  used  according  to  the
19    directions on the label, and also do  not  contain  opium  or
20    coca  leaves, or any compound, salt or derivative thereof, or
21    any drug which, according  to  the  latest  editions  of  the
22    following    authoritative   pharmaceutical   treatises   and
23    standards, namely, The United  States  Pharmacopoeia/National
24    Formulary  (USP/NF),  the United States Dispensatory, and the
25    Accepted  Dental  Remedies   of   the   Council   of   Dental
26    Therapeutics  of  the  American  Dental Association or any or
27    either of them, in use on the effective date of this Act,  or
28    according  to  the  existing  provisions of the Federal Food,
29    Drug, and Cosmetic Act and Regulations of the  Department  of
30    Health  and  Human  Services,  Food  and Drug Administration,
31    promulgated  thereunder  now  in   effect,   is   designated,
32    described  or  considered  as  a  narcotic,  hypnotic,  habit
33    forming, dangerous, or poisonous drug;
34        (d)  the  sale  of  poultry  and  livestock  remedies  in
 
                            -21-               LRB9105082ACtm
 1    original  and unbroken packages only, labeled for poultry and
 2    livestock medication;
 3        (e)  the sale  of  poisonous  substances  or  mixture  of
 4    poisonous  substances, in unbroken packages, for nonmedicinal
 5    use in the arts or industries or  for  insecticide  purposes;
 6    provided,  they  are  properly  and  adequately labeled as to
 7    content and such nonmedicinal usage, in conformity  with  the
 8    provisions  of  all  applicable federal, state and local laws
 9    and regulations promulgated thereunder now in effect relating
10    thereto and governing the same, and those which are  required
11    under such applicable laws and regulations to be labeled with
12    the  word  "Poison",  are also labeled with the word "Poison"
13    printed thereon in prominent type and the name of  a  readily
14    obtainable antidote with directions for its administration;
15        (f)  the  delegation of limited prescriptive authority by
16    a physician licensed to practice medicine in all its branches
17    to a physician assistant under Section 7.5 of  the  Physician
18    Assistant  Practice Act of 1987. This delegated authority may
19    but is not required to include prescription of Schedule  III,
20    IV,  or  V controlled substances, as defined in Article II of
21    the Illinois Controlled Substances Act,  in  accordance  with
22    written   guidelines  under  Section  7.5  of  the  Physician
23    Assistant Practice Act of 1987; and
24        (g)  The delegation of limited prescriptive authority  by
25    a physician licensed to practice medicine in all its branches
26    to  an  advanced  practice nurse in accordance with a written
27    collaborative agreement under Sections 15-15 and 15-20 of the
28    Nursing and Advanced Practice Nursing  Act.   This  delegated
29    authority may but is not required to include the prescription
30    of Schedule III, IV, or V controlled substances as defined in
31    Article II of the Illinois Controlled Substances Act.
32    (Source:  P.A.  90-116,  eff.  7-14-97; 90-253, eff. 7-29-97;
33    90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
 
                            -22-               LRB9105082ACtm
 1        Section 20.  The Illinois Controlled  Substances  Act  is
 2    amended by changing Section 102 as follows:

 3        (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
 4        Sec.  102.  Definitions.  As used in this Act, unless the
 5    context otherwise requires:
 6        (a)  "Addict" means any person who  habitually  uses  any
 7    drug,  chemical,  substance  or  dangerous  drug  other  than
 8    alcohol  so  as to endanger the public morals, health, safety
 9    or welfare or who  is  so  far  addicted  to  the  use  of  a
10    dangerous  drug or controlled substance other than alcohol as
11    to have lost the power of self control with reference to  his
12    addiction.
13        (b)  "Administer"  means  the  direct  application  of  a
14    controlled   substance,  whether  by  injection,  inhalation,
15    ingestion, or any other means, to the body of  a  patient  or
16    research subject by:
17             (1)  a  practitioner  (or,  in  his presence, by his
18        authorized agent), or
19             (2)  the patient or research subject at  the  lawful
20        direction of the practitioner.
21        (c)  "Agent"  means  an  authorized  person  who  acts on
22    behalf of or at the direction of a manufacturer, distributor,
23    or dispenser.  It does  not  include  a  common  or  contract
24    carrier,  public  warehouseman  or employee of the carrier or
25    warehouseman.
26        (c-1)  "Anabolic Steroids" means  any  drug  or  hormonal
27    substance,   chemically   and  pharmacologically  related  to
28    testosterone   (other   than   estrogens,   progestins,   and
29    corticosteroids) that promotes muscle growth, and includes:
30                  (i)  boldenone,
31                  (ii)  chlorotestosterone,
32                  (iii)  chostebol,
33                  (iv)  dehydrochlormethyltestosterone,
 
                            -23-               LRB9105082ACtm
 1                  (v)  dihydrotestosterone,
 2                  (vi)  drostanolone,
 3                  (vii)  ethylestrenol,
 4                  (viii)  fluoxymesterone,
 5                  (ix)  formebulone,
 6                  (x)  mesterolone,
 7                  (xi)  methandienone,
 8                  (xii)  methandranone,
 9                  (xiii)  methandriol,
10                  (xiv)  methandrostenolone,
11                  (xv)  methenolone,
12                  (xvi)  methyltestosterone,
13                  (xvii)  mibolerone,
14                  (xviii)  nandrolone,
15                  (xix)  norethandrolone,
16                  (xx)  oxandrolone,
17                  (xxi)  oxymesterone,
18                  (xxii)  oxymetholone,
19                  (xxiii)  stanolone,
20                  (xxiv)  stanozolol,
21                  (xxv)  testolactone,
22                  (xxvi)  testosterone,
23                  (xxvii)  trenbolone, and
24                  (xxviii)  any salt, ester, or isomer of a  drug
25             or  substance described or listed in this paragraph,
26             if that  salt,  ester,  or  isomer  promotes  muscle
27             growth.
28        Any  person who is otherwise lawfully in possession of an
29    anabolic steroid, or  who  otherwise  lawfully  manufactures,
30    distributes, dispenses, delivers, or possesses with intent to
31    deliver  an  anabolic  steroid,  which  anabolic  steroid  is
32    expressly   intended   for   and   lawfully   allowed  to  be
33    administered through implants to livestock or other  nonhuman
34    species, and which is approved by the Secretary of Health and
 
                            -24-               LRB9105082ACtm
 1    Human  Services for such administration, and which the person
 2    intends to  administer  or  have  administered  through  such
 3    implants,  shall  not  be  considered  to  be in unauthorized
 4    possession  or   to   unlawfully   manufacture,   distribute,
 5    dispense,  deliver,  or  possess  with intent to deliver such
 6    anabolic steroid for purposes of this Act.
 7        (d)  "Administration"   means   the   Drug    Enforcement
 8    Administration,  United  States Department of Justice, or its
 9    successor agency.
10        (e)  "Control" means to add a drug or other substance, or
11    immediate precursor, to a Schedule under Article II  of  this
12    Act whether by transfer from another Schedule or otherwise.
13        (f)  "Controlled  Substance"  means a drug, substance, or
14    immediate precursor in the Schedules of Article  II  of  this
15    Act.
16        (g)  "Counterfeit    substance"    means   a   controlled
17    substance, which, or the  container  or  labeling  of  which,
18    without  authorization  bears  the  trademark, trade name, or
19    other identifying mark, imprint, number  or  device,  or  any
20    likeness   thereof,   of   a  manufacturer,  distributor,  or
21    dispenser other than the person  who  in  fact  manufactured,
22    distributed, or dispensed the substance.
23        (h)  "Deliver"    or   "delivery"   means   the   actual,
24    constructive  or  attempted  transfer  of  possession  of   a
25    controlled  substance, with or without consideration, whether
26    or not there is an agency relationship.
27        (i)  "Department" means the Illinois Department of  Human
28    Services  (as  successor  to the Department of Alcoholism and
29    Substance Abuse) or its successor agency.
30        (j)  "Department of State Police" means the Department of
31    State Police of  the  State  of  Illinois  or  its  successor
32    agency.
33        (k)  "Department  of Corrections" means the Department of
34    Corrections of the State of Illinois or its successor agency.
 
                            -25-               LRB9105082ACtm
 1        (l)  "Department of Professional  Regulation"  means  the
 2    Department   of  Professional  Regulation  of  the  State  of
 3    Illinois or its successor agency.
 4        (m)  "Depressant" or "stimulant substance" means:
 5             (1)  a drug  which  contains  any  quantity  of  (i)
 6        barbituric  acid  or  any of the salts of barbituric acid
 7        which has been designated as habit forming under  section
 8        502  (d)  of the Federal Food, Drug, and Cosmetic Act (21
 9        U.S.C. 352 (d)); or
10             (2)  a drug  which  contains  any  quantity  of  (i)
11        amphetamine  or  methamphetamine and any of their optical
12        isomers; (ii) any salt of amphetamine or  methamphetamine
13        or any salt of an optical isomer of amphetamine; or (iii)
14        any  substance which the Department, after investigation,
15        has found to be, and by rule designated as, habit forming
16        because of its depressant  or  stimulant  effect  on  the
17        central nervous system; or
18             (3)  lysergic acid diethylamide; or
19             (4)  any  drug  which  contains  any  quantity  of a
20        substance which the Department, after investigation,  has
21        found  to  have,  and  by  rule  designated  as having, a
22        potential  for  abuse  because  of  its   depressant   or
23        stimulant  effect  on  the  central nervous system or its
24        hallucinogenic effect.
25        (n)  "Designated  product"  means  any   narcotic   drug,
26    amphetamine,  phenmetrazine,  methamphetamine, gluthethimide,
27    pentazocine or cannabis product listed  in  Schedule  II  and
28    also means a controlled substance listed in Schedule II which
29    is  determined  and  designated  by  the  Department  or  its
30    successor  agency  to be such a product. A designated product
31    shall only be dispensed upon an official prescription blank.
32        (o)  "Director" means the Director of the  Department  of
33    State  Police or the Department of Professional Regulation or
34    his designated agents.
 
                            -26-               LRB9105082ACtm
 1        (p)  "Dispense" means to deliver a  controlled  substance
 2    to an ultimate user or research subject by or pursuant to the
 3    lawful  order  of  a  prescriber,  including the prescribing,
 4    administering, packaging, labeling, or compounding  necessary
 5    to prepare the substance for that delivery.
 6        (q)  "Dispenser" means a practitioner who dispenses.
 7        (r)  "Distribute"   means   to  deliver,  other  than  by
 8    administering or dispensing, a controlled substance.
 9        (s)  "Distributor" means a person who distributes.
10        (t)  "Drug" means (1) substances recognized as  drugs  in
11    the    official   United   States   Pharmacopoeia,   Official
12    Homeopathic Pharmacopoeia of the United States,  or  official
13    National  Formulary,  or  any  supplement to any of them; (2)
14    substances intended for use in diagnosis,  cure,  mitigation,
15    treatment,  or  prevention  of disease in man or animals; (3)
16    substances (other than food) intended to affect the structure
17    of any function of  the  body  of  man  or  animals  and  (4)
18    substances  intended  for  use  as a component of any article
19    specified in clause (1), (2), or (3) of this subsection.   It
20    does  not  include  devices  or  their  components, parts, or
21    accessories.
22        (u)  "Good faith" means the prescribing or dispensing  of
23    a  controlled  substance  by  a  practitioner  in the regular
24    course of professional treatment to or for any person who  is
25    under  his  treatment for a pathology or condition other than
26    that individual's physical or psychological  dependence  upon
27    or  addiction  to  a controlled substance, except as provided
28    herein:  and application of the term to  a  pharmacist  shall
29    mean the dispensing of a controlled substance pursuant to the
30    prescriber's  order which in the professional judgment of the
31    pharmacist is lawful.  The  pharmacist  shall  be  guided  by
32    accepted professional standards including, but not limited to
33    the following, in making the judgment:
34             (1)  lack    of    consistency   of   doctor-patient
 
                            -27-               LRB9105082ACtm
 1        relationship,
 2             (2)  frequency of prescriptions for same drug by one
 3        prescriber for large numbers of patients,
 4             (3)  quantities beyond those normally prescribed,
 5             (4)  unusual dosages,
 6             (5)  unusual geographic distances  between  patient,
 7        pharmacist and prescriber,
 8             (6)  consistent prescribing of habit-forming drugs.
 9        (u-1)  "Home  infusion  services" means services provided
10    by  a  pharmacy   in   compounding   solutions   for   direct
11    administration to a patient in a private residence, long-term
12    care  facility,  or  hospice  setting by means of parenteral,
13    intravenous,  intramuscular,  subcutaneous,  or   intraspinal
14    infusion.
15        (v)  "Immediate precursor" means a substance:
16             (1)  which  the  Department  has  found to be and by
17        rule designated as being a principal  compound  used,  or
18        produced  primarily  for  use,  in  the  manufacture of a
19        controlled substance;
20             (2)  which is  an  immediate  chemical  intermediary
21        used  or  likely  to  be  used in the manufacture of such
22        controlled substance; and
23             (3)  the control of which is necessary  to  prevent,
24        curtail  or  limit  the  manufacture  of  such controlled
25        substance.
26        (w)  "Instructional  activities"  means   the   acts   of
27    teaching,  educating  or  instructing  by practitioners using
28    controlled substances within educational facilities  approved
29    by the State Board of Education or its successor agency.
30        (x)  "Local  authorities"  means  a duly organized State,
31    County or Municipal peace unit or police force.
32        (y)  "Look-alike substance" means a substance, other than
33    a controlled substance  which  (1)  by  overall  dosage  unit
34    appearance,  including  shape,  color, size, markings or lack
 
                            -28-               LRB9105082ACtm
 1    thereof,  taste,  consistency,  or  any   other   identifying
 2    physical  characteristic  of  the  substance,  would  lead  a
 3    reasonable   person  to  believe  that  the  substance  is  a
 4    controlled  substance,  or  (2)  is  expressly  or  impliedly
 5    represented to be a controlled substance  or  is  distributed
 6    under  circumstances  which would lead a reasonable person to
 7    believe that the substance is a controlled substance. For the
 8    purpose of determining whether the  representations  made  or
 9    the circumstances of the distribution would lead a reasonable
10    person  to believe the substance to be a controlled substance
11    under this clause (2) of subsection (y), the court  or  other
12    authority  may  consider the following factors in addition to
13    any other factor that may be relevant:
14             (a)  statements made  by  the  owner  or  person  in
15        control  of  the  substance concerning its nature, use or
16        effect;
17             (b)  statements made to the buyer or recipient  that
18        the substance may be resold for profit;
19             (c)  whether  the  substance is packaged in a manner
20        normally used for the illegal distribution of  controlled
21        substances;
22             (d)  whether    the    distribution   or   attempted
23        distribution included an exchange of or demand for  money
24        or  other  property  as  consideration,  and  whether the
25        amount of the  consideration  was  substantially  greater
26        than the reasonable retail market value of the substance.
27        Clause  (1)  of  this subsection (y) shall not apply to a
28    noncontrolled substance in its finished dosage form that  was
29    initially  introduced  into  commerce  prior  to  the initial
30    introduction into commerce of a controlled substance  in  its
31    finished dosage form which it may substantially resemble.
32        Nothing  in  this subsection (y) prohibits the dispensing
33    or  distributing  of  noncontrolled  substances  by   persons
34    authorized  to  dispense and distribute controlled substances
 
                            -29-               LRB9105082ACtm
 1    under this Act, provided that such action would be deemed  to
 2    be  carried  out  in  good  faith under subsection (u) if the
 3    substances involved were controlled substances.
 4        Nothing in this subsection (y) or in this  Act  prohibits
 5    the   manufacture,   preparation,  propagation,  compounding,
 6    processing, packaging, advertising or distribution of a  drug
 7    or  drugs by any person registered pursuant to Section 510 of
 8    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
 9        (y-1)  "Mail-order pharmacy" means  a  pharmacy  that  is
10    located in a state of the United States, other than Illinois,
11    that  delivers,  dispenses or distributes, through the United
12    States Postal Service or other common  carrier,  to  Illinois
13    residents, any substance which requires a prescription.
14        (z)  "Manufacture"  means  the  production,  preparation,
15    propagation,  compounding,  conversion  or  processing  of  a
16    controlled  substance,  either  directly  or  indirectly,  by
17    extraction    from   substances   of   natural   origin,   or
18    independently  by  means  of  chemical  synthesis,  or  by  a
19    combination  of  extraction  and  chemical   synthesis,   and
20    includes  any  packaging  or  repackaging of the substance or
21    labeling of its container, except that  this  term  does  not
22    include:
23             (1)  by   an   ultimate  user,  the  preparation  or
24        compounding of a controlled substance for his own use; or
25             (2)  by a  practitioner,  or  his  authorized  agent
26        under  his  supervision,  the  preparation,  compounding,
27        packaging, or labeling of a controlled substance:
28                  (a)  as  an  incident  to  his administering or
29             dispensing of a controlled substance in  the  course
30             of his professional practice; or
31                  (b)  as   an   incident   to  lawful  research,
32             teaching or chemical analysis and not for sale.
33        (aa)  "Narcotic drug" means any of the following, whether
34    produced directly or indirectly by extraction from substances
 
                            -30-               LRB9105082ACtm
 1    of natural origin, or  independently  by  means  of  chemical
 2    synthesis,  or  by  a  combination of extraction and chemical
 3    synthesis:
 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
 9        clause (1), but not including the isoquinoline  alkaloids
10        of opium;
11             (3)  opium poppy and poppy straw;
12             (4)  coca  leaves  and  any salts, compound, isomer,
13        salt of an isomer, derivative,  or  preparation  of  coca
14        leaves  including  cocaine  or  ecgonine,  and  any salt,
15        compound,  isomer,  derivative,  or  preparation  thereof
16        which is chemically equivalent or identical with  any  of
17        these  substances,  but  not  including decocainized coca
18        leaves or extractions of coca leaves which do not contain
19        cocaine or ecgonine (for the purpose of  this  paragraph,
20        the   term  "isomer"  includes  optical,  positional  and
21        geometric isomers).
22        (bb)  "Nurse" means a registered nurse licensed under the
23    Nursing and Advanced Practice Nursing Act.
24        (cc)  "Official prescription blanks" means the triplicate
25    prescription forms supplied to prescribers by the  Department
26    for  prescribing  Schedule  II  Designated Product controlled
27    substances.
28        (dd)  "Opiate" means any substance  having  an  addiction
29    forming or addiction sustaining liability similar to morphine
30    or  being  capable of conversion into a drug having addiction
31    forming or addiction sustaining liability.
32        (ee)  "Opium  poppy"  means  the  plant  of  the  species
33    Papaver somniferum L., except its seeds.
34        (ff)  "Parole and Pardon  Board"  means  the  Parole  and
 
                            -31-               LRB9105082ACtm
 1    Pardon  Board  of  the  State  of  Illinois  or its successor
 2    agency.
 3        (gg)  "Person"   means   any   individual,   corporation,
 4    mail-order pharmacy, government or  governmental  subdivision
 5    or  agency,  business  trust,  estate,  trust, partnership or
 6    association, or any other entity.
 7        (hh)  "Pharmacist"  means  any   person   who   holds   a
 8    certificate  of  registration  as  a registered pharmacist, a
 9    local  registered  pharmacist  or  a   registered   assistant
10    pharmacist under the Pharmacy Practice Act of 1987.
11        (ii)  "Pharmacy"  means any store, ship or other place in
12    which pharmacy  is  authorized  to  be  practiced  under  the
13    Pharmacy Practice Act of 1987.
14        (jj)  "Poppy straw" means all parts, except the seeds, of
15    the opium poppy, after mowing.
16        (kk)  "Practitioner"   means   a  physician  licensed  to
17    practice medicine in all its branches,  dentist,  podiatrist,
18    veterinarian,     psychologist    scientific    investigator,
19    pharmacist, physician  assistant,  advanced  practice  nurse,
20    licensed   practical   nurse,   registered  nurse,  hospital,
21    laboratory,  or   pharmacy,   or   other   person   licensed,
22    registered,  or  otherwise  lawfully  permitted by the United
23    States  or  this  State  to  distribute,  dispense,   conduct
24    research  with  respect  to, administer or use in teaching or
25    chemical analysis, a controlled substance in  the  course  of
26    professional practice or research.
27        (ll)  "Pre-printed    prescription"   means   a   written
28    prescription  upon  which  the  designated  drug   has   been
29    indicated prior to the time of issuance.
30        (mm)  "Prescriber" means a physician licensed to practice
31    medicine   in   all   its   branches,   dentist,  podiatrist,
32    psychologist certified  to  prescribe,  or  veterinarian  who
33    issues  a  prescription,  a  physician assistant who issues a
34    prescription  for  a  Schedule  III,  IV,  or  V   controlled
 
                            -32-               LRB9105082ACtm
 1    substance  as  delegated  by a physician licensed to practice
 2    medicine in all its branches in accordance with  the  written
 3    guidelines  required  under  Section  7.5  of  the  Physician
 4    Assistant Practice Act of 1987, or an advanced practice nurse
 5    with  prescriptive  authority,  as  delegated  by a physician
 6    licensed  to  practice  medicine  in  all  its  branches,  in
 7    accordance  with  a  written  collaborative  agreement  under
 8    Sections 15-15 and 15-20 of the Nursing and Advanced Practice
 9    Nursing Act.
10        (nn)  "Prescription" means a lawful  written,  facsimile,
11    or  verbal order of a physician licensed to practice medicine
12    in all its branches, dentist, podiatrist or veterinarian  for
13    any  controlled  substance,  of  a  physician assistant for a
14    Schedule III, IV, or V controlled substance as delegated by a
15    physician licensed to practice medicine in all  its  branches
16    in  accordance  with  the  written  guidelines required under
17    Section 7.5 of the Physician Assistant Practice Act of  1987,
18    or  of  an  advanced practice nurse who issues a prescription
19    for a Schedule III, IV, or V controlled  substance,  pursuant
20    to  prescriptive  authority delegated by a physician licensed
21    to practice medicine in all its branches, in accordance  with
22    a  written  collaborative  agreement under Sections 15-15 and
23    15-20 of the Nursing and Advanced Practice Nursing Act.
24        (oo)  "Production"  or   "produce"   means   manufacture,
25    planting, cultivating, growing, or harvesting of a controlled
26    substance.
27        (pp)  "Registrant"  means every person who is required to
28    register under Section 302 of this Act.
29        (qq)  "Registry number" means the number assigned to each
30    person authorized to handle controlled substances  under  the
31    laws of the United States and of this State.
32        (rr)  "State"  includes  the  State  of  Illinois and any
33    state, district, commonwealth, territory, insular  possession
34    thereof,  and  any area subject to the legal authority of the
 
                            -33-               LRB9105082ACtm
 1    United States of America.
 2        (ss)  "Ultimate  user"  means  a  person   who   lawfully
 3    possesses  a  controlled substance for his own use or for the
 4    use of a member of his household or for administering  to  an
 5    animal owned by him or by a member of his household.
 6    (Source:  P.A.  89-202,  eff.  10-1-95;  89-507, eff. 7-1-97;
 7    90-116, eff. 7-14-97; 90-742, eff. 8-13-98.)

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