Illinois General Assembly - Full Text of Public Act 096-0189
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Public Act 096-0189


 

Public Act 0189 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0189
 
HB1014 Enrolled LRB096 04500 ASK 14555 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Nurse Practice Act is amended by changing
Sections 65-5 and 65-40 as follows:
 
    (225 ILCS 65/65-5)   (was 225 ILCS 65/15-10)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 65-5. Qualifications for APN licensure.
    (a) Each applicant who successfully meets the requirements
of this Section shall be entitled to licensure as an advanced
practice nurse.
    (b) An applicant for licensure to practice as an advanced
practice nurse must do each of the following:
        (1) Submit a completed application and any fees as
    established by the Department.
        (2) Hold a current license to practice as a registered
    professional nurse under this Act.
        (3) Have successfully completed requirements to
    practice as, and holds a current, national certification
    as, a nurse midwife, clinical nurse specialist, nurse
    practitioner, or certified registered nurse anesthetist
    from the appropriate national certifying body as
    determined by rule of the Department.
        (4) Have obtained a graduate degree appropriate for
    national certification in a clinical advanced practice
    nursing specialty or a graduate degree or post-master's
    certificate from a graduate level program in a clinical
    advanced practice nursing specialty.
        (5) Have not violated the provisions of this Act
    concerning the grounds for disciplinary action. The
    Department may take into consideration any felony
    conviction of the applicant, but such a conviction may not
    operate as an absolute bar to licensure.
        (6) Submit to the criminal history records check
    required under Section 50-35 of this Act.
    (b-5) A registered professional nurse seeking licensure as
an advanced practice nurse in the category of certified
registered nurse anesthetist who does not have a graduate
degree as described in subsection (b) of this Section shall be
qualified for licensure if that person:
        (1) submits evidence of having successfully completed
    a nurse anesthesia program described in item (4) of
    subsection (b) of this Section prior to January 1, 1999;
        (2) submits evidence of certification as a registered
    nurse anesthetist by an appropriate national certifying
    body; and
        (3) has continually maintained active, up-to-date
    recertification status as a certified registered nurse
    anesthetist by an appropriate national recertifying body.
    (b-10) The Department shall issue a certified registered
nurse anesthetist license to an APN who (i) does not have a
graduate degree, (ii) applies for licensure before July 1,
2018, and (iii) submits all of the following to the Department:
        (1) His or her current State registered nurse license
    number.
        (2) Proof of current national certification, which
    includes the completion of an examination from either of
    the following:
            (A) the Council on Certification of the American
        Association of Nurse Anesthetists; or
            (B) the Council on Recertification of the American
        Association of Nurse Anesthetists.
        (3) Proof of the successful completion of a post-basic
    advanced practice formal education program in the area of
    nurse anesthesia prior to January 1, 1999.
        (4) His or her complete work history for the 5-year
    period immediately preceding the date of his or her
    application.
        (5) Verification of licensure as an advanced practice
    nurse from the state in which he or she was originally
    licensed, current state of licensure, and any other state
    in which he or she has been actively practicing as an
    advanced practice nurse within the 5-year period
    immediately preceding the date of his or her application.
    If applicable, this verification must state:
            (A) the time during which he or she was licensed in
        each state, including the date of the original issuance
        of each license; and
            (B) any disciplinary action taken or pending
        concerning any nursing license held, currently or in
        the past, by the applicant.
        (6) The required fee.
    (c) Those applicants seeking licensure in more than one
advanced practice nursing specialty need not possess multiple
graduate degrees. Applicants may be eligible for licenses for
multiple advanced practice nurse licensure specialties,
provided that the applicant (i) has met the requirements for at
least one advanced practice nursing specialty under paragraphs
(3) and (5) of subsection (a) of this Section, (ii) possesses
an additional graduate education that results in a certificate
for another clinical advanced practice nurse specialty and that
meets the requirements for the national certification from the
appropriate nursing specialty, and (iii) holds a current
national certification from the appropriate national
certifying body for that additional advanced practice nursing
specialty.
    (d) Any person who holds a valid license as an advanced
practice nurse issued under this Act as this Act existed before
the effective date of this amendatory Act of the 95th General
Assembly shall be subject only to the advanced practice nurse
license renewal requirements of this Act as this Act exists on
and after the effective date of this amendatory Act of the 95th
General Assembly upon the expiration of that license.
(Source: P.A. 94-348, eff. 7-28-05; 95-639, eff. 10-5-07.)
 
    (225 ILCS 65/65-40)   (was 225 ILCS 65/15-20)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 65-40. Prescriptive authority.
    (a) A collaborating physician or podiatrist may, but is not
required to, delegate prescriptive authority to an advanced
practice nurse as part of a written collaborative agreement.
This authority may, but is not required to, include
prescription of, selection of, orders for, administration of,
storage of, acceptance of samples of, and dispensing over the
counter medications, legend drugs, medical gases, and
controlled substances categorized as any Schedule III through ,
III-N, IV, or V controlled substances, as defined in Article II
of the Illinois Controlled Substances Act, and other
preparations, including, but not limited to, botanical and
herbal remedies. The collaborating physician or podiatrist
must have a valid current Illinois controlled substance license
and federal registration to delegate authority to prescribe
delegated controlled substances.
    (b) To prescribe controlled substances under this Section,
an advanced practice nurse must obtain a mid-level practitioner
controlled substance license. Medication orders shall be
reviewed periodically by the collaborating physician or
podiatrist.
    (c) The collaborating physician or podiatrist shall file
with the Department notice of delegation of prescriptive
authority and termination of such delegation, in accordance
with rules of the Department. Upon receipt of this notice
delegating authority to prescribe any Schedule III through ,
III-N, IV, or V controlled substances, the licensed advanced
practice nurse shall be eligible to register for a mid-level
practitioner controlled substance license under Section 303.05
of the Illinois Controlled Substances Act.
    (d) In addition to the requirements of subsections (a),
(b), and (c) of this Section, a collaborating physician may,
but is not required to, delegate authority to an advanced
practice nurse to prescribe any Schedule II or II-N controlled
substances, if all of the following conditions apply:
        (1) No more than 5 Schedule II or II-N controlled
    substances by oral dosage may be delegated.
        (2) Any delegation must be controlled substances that
    the collaborating physician prescribes.
        (3) Any prescription must be limited to no more than a
    30-day oral dosage, with any continuation authorized only
    after prior approval of the collaborating physician.
        (4) The advanced practice nurse must discuss the
    condition of any patients for whom a controlled substance
    is prescribed monthly with the delegating physician.
    (e) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons.
(Source: P.A. 95-639, eff. 10-5-07.)
 
    Section 10. The Pharmacy Practice Act is amended by
changing Section 4 as follows:
 
    (225 ILCS 85/4)  (from Ch. 111, par. 4124)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. Exemptions. Nothing contained in any Section of
this Act shall apply to, or in any manner interfere with:
    (a) the lawful practice of any physician licensed to
practice medicine in all of its branches, dentist, podiatrist,
veterinarian, or therapeutically or diagnostically certified
optometrist within the limits of his or her license, or prevent
him or her from supplying to his or her bona fide patients such
drugs, medicines, or poisons as may seem to him appropriate;
    (b) the sale of compressed gases;
    (c) the sale of patent or proprietary medicines and
household remedies when sold in original and unbroken packages
only, if such patent or proprietary medicines and household
remedies be properly and adequately labeled as to content and
usage and generally considered and accepted as harmless and
nonpoisonous when used according to the directions on the
label, and also do not contain opium or coca leaves, or any
compound, salt or derivative thereof, or any drug which,
according to the latest editions of the following authoritative
pharmaceutical treatises and standards, namely, The United
States Pharmacopoeia/National Formulary (USP/NF), the United
States Dispensatory, and the Accepted Dental Remedies of the
Council of Dental Therapeutics of the American Dental
Association or any or either of them, in use on the effective
date of this Act, or according to the existing provisions of
the Federal Food, Drug, and Cosmetic Act and Regulations of the
Department of Health and Human Services, Food and Drug
Administration, promulgated thereunder now in effect, is
designated, described or considered as a narcotic, hypnotic,
habit forming, dangerous, or poisonous drug;
    (d) the sale of poultry and livestock remedies in original
and unbroken packages only, labeled for poultry and livestock
medication;
    (e) the sale of poisonous substances or mixture of
poisonous substances, in unbroken packages, for nonmedicinal
use in the arts or industries or for insecticide purposes;
provided, they are properly and adequately labeled as to
content and such nonmedicinal usage, in conformity with the
provisions of all applicable federal, state and local laws and
regulations promulgated thereunder now in effect relating
thereto and governing the same, and those which are required
under such applicable laws and regulations to be labeled with
the word "Poison", are also labeled with the word "Poison"
printed thereon in prominent type and the name of a readily
obtainable antidote with directions for its administration;
    (f) the delegation of limited prescriptive authority by a
physician licensed to practice medicine in all its branches to
a physician assistant under Section 7.5 of the Physician
Assistant Practice Act of 1987. This delegated authority under
Section 7.5 of the Physician Assistant Practice Act of 1987 may
but is not required to include prescription of controlled
substances, as defined in Article II of the Illinois Controlled
Substances Act, in accordance with written guidelines; and
    (g) The delegation of prescriptive authority by a physician
licensed to practice medicine in all its branches or a licensed
podiatrist to an advanced practice nurse in accordance with a
written collaborative agreement under Sections Section 65-35
and 65-40 of the Nurse Practice Act. This authority, which is
delegated under Section 65-40 of the Nurse Practice Act, may
but is not required to include the prescription of Schedule
III, IV, or V controlled substances as defined in Article II of
the Illinois Controlled Substances Act.
(Source: P.A. 95-639, eff. 10-5-07.)
 
    Section 15. The Illinois Controlled Substances Act is
amended by changing Sections 102 and 303.05 as follows:
 
    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
    Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Addict" means any person who habitually uses any drug,
chemical, substance or dangerous drug other than alcohol so as
to endanger the public morals, health, safety or welfare or who
is so far addicted to the use of a dangerous drug or controlled
substance other than alcohol as to have lost the power of self
control with reference to his addiction.
    (b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
        (1) a practitioner (or, in his presence, by his
    authorized agent),
        (2) the patient or research subject at the lawful
    direction of the practitioner, or
        (3) a euthanasia technician as defined by the Humane
    Euthanasia in Animal Shelters Act.
    (c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor, or
dispenser. It does not include a common or contract carrier,
public warehouseman or employee of the carrier or warehouseman.
    (c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins, and
corticosteroids) that promotes muscle growth, and includes:
            (i) boldenone,
            (ii) chlorotestosterone,
            (iii) chostebol,
            (iv) dehydrochlormethyltestosterone,
            (v) dihydrotestosterone,
            (vi) drostanolone,
            (vii) ethylestrenol,
            (viii) fluoxymesterone,
            (ix) formebulone,
            (x) mesterolone,
            (xi) methandienone,
            (xii) methandranone,
            (xiii) methandriol,
            (xiv) methandrostenolone,
            (xv) methenolone,
            (xvi) methyltestosterone,
            (xvii) mibolerone,
            (xviii) nandrolone,
            (xix) norethandrolone,
            (xx) oxandrolone,
            (xxi) oxymesterone,
            (xxii) oxymetholone,
            (xxiii) stanolone,
            (xxiv) stanozolol,
            (xxv) testolactone,
            (xxvi) testosterone,
            (xxvii) trenbolone, and
            (xxviii) any salt, ester, or isomer of a drug or
        substance described or listed in this paragraph, if
        that salt, ester, or isomer promotes muscle growth.
    Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services
for such administration, and which the person intends to
administer or have administered through such implants, shall
not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
    (d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
    (e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule under Article II of this Act
whether by transfer from another Schedule or otherwise.
    (f) "Controlled Substance" means a drug, substance, or
immediate precursor in the Schedules of Article II of this Act.
    (g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
    (h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship.
    (i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
    (j) "Department of State Police" means the Department of
State Police of the State of Illinois or its successor agency.
    (k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
    (l) "Department of Professional Regulation" means the
Department of Professional Regulation of the State of Illinois
or its successor agency.
    (m) "Depressant" or "stimulant substance" means:
        (1) a drug which contains any quantity of (i)
    barbituric acid or any of the salts of barbituric acid
    which has been designated as habit forming under section
    502 (d) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 352 (d)); or
        (2) a drug which contains any quantity of (i)
    amphetamine or methamphetamine and any of their optical
    isomers; (ii) any salt of amphetamine or methamphetamine or
    any salt of an optical isomer of amphetamine; or (iii) any
    substance which the Department, after investigation, has
    found to be, and by rule designated as, habit forming
    because of its depressant or stimulant effect on the
    central nervous system; or
        (3) lysergic acid diethylamide; or
        (4) any drug which contains any quantity of a substance
    which the Department, after investigation, has found to
    have, and by rule designated as having, a potential for
    abuse because of its depressant or stimulant effect on the
    central nervous system or its hallucinogenic effect.
    (n) (Blank).
    (o) "Director" means the Director of the Department of
State Police or the Department of Professional Regulation or
his designated agents.
    (p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
    (q) "Dispenser" means a practitioner who dispenses.
    (r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
    (s) "Distributor" means a person who distributes.
    (t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
    (t-5) "Euthanasia agency" means an entity certified by the
Department of Professional Regulation for the purpose of animal
euthanasia that holds an animal control facility license or
animal shelter license under the Animal Welfare Act. A
euthanasia agency is authorized to purchase, store, possess,
and utilize Schedule II nonnarcotic and Schedule III
nonnarcotic drugs for the sole purpose of animal euthanasia.
    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) that are used
by a euthanasia agency for the purpose of animal euthanasia.
    (u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his
treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the
dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
        (1) lack of consistency of doctor-patient
    relationship,
        (2) frequency of prescriptions for same drug by one
    prescriber for large numbers of patients,
        (3) quantities beyond those normally prescribed,
        (4) unusual dosages,
        (5) unusual geographic distances between patient,
    pharmacist and prescriber,
        (6) consistent prescribing of habit-forming drugs.
    (u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to
a patient in a private residence, long-term care facility, or
hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
    (v) "Immediate precursor" means a substance:
        (1) which the Department has found to be and by rule
    designated as being a principal compound used, or produced
    primarily for use, in the manufacture of a controlled
    substance;
        (2) which is an immediate chemical intermediary used or
    likely to be used in the manufacture of such controlled
    substance; and
        (3) the control of which is necessary to prevent,
    curtail or limit the manufacture of such controlled
    substance.
    (w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
    (x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
    (y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable person
to believe that the substance is a controlled substance, or (2)
is expressly or impliedly represented to be a controlled
substance or is distributed under circumstances which would
lead a reasonable person to believe that the substance is a
controlled substance. For the purpose of determining whether
the representations made or the circumstances of the
distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of
subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
        (a) statements made by the owner or person in control
    of the substance concerning its nature, use or effect;
        (b) statements made to the buyer or recipient that the
    substance may be resold for profit;
        (c) whether the substance is packaged in a manner
    normally used for the illegal distribution of controlled
    substances;
        (d) whether the distribution or attempted distribution
    included an exchange of or demand for money or other
    property as consideration, and whether the amount of the
    consideration was substantially greater than the
    reasonable retail market value of the substance.
    Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
    Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.
    Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug or
drugs by any person registered pursuant to Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
    (y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
    (z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
        (1) by an ultimate user, the preparation or compounding
    of a controlled substance for his own use; or
        (2) by a practitioner, or his authorized agent under
    his supervision, the preparation, compounding, packaging,
    or labeling of a controlled substance:
            (a) as an incident to his administering or
        dispensing of a controlled substance in the course of
        his professional practice; or
            (b) as an incident to lawful research, teaching or
        chemical analysis and not for sale.
    (z-1) (Blank).
    (aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
        (1) opium and opiate, and any salt, compound,
    derivative, or preparation of opium or opiate;
        (2) any salt, compound, isomer, derivative, or
    preparation thereof which is chemically equivalent or
    identical with any of the substances referred to in clause
    (1), but not including the isoquinoline alkaloids of opium;
        (3) opium poppy and poppy straw;
        (4) coca leaves and any salts, compound, isomer, salt
    of an isomer, derivative, or preparation of coca leaves
    including cocaine or ecgonine, and any salt, compound,
    isomer, derivative, or preparation thereof which is
    chemically equivalent or identical with any of these
    substances, but not including decocainized coca leaves or
    extractions of coca leaves which do not contain cocaine or
    ecgonine (for the purpose of this paragraph, the term
    "isomer" includes optical, positional and geometric
    isomers).
    (bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
    (cc) (Blank).
    (dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
    (ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
    (ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
    (gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
    (hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a local
registered pharmacist or a registered assistant pharmacist
under the Pharmacy Practice Act.
    (ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the Pharmacy
Practice Act.
    (jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
    (kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
podiatrist, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice nurse, licensed
practical nurse, registered nurse, hospital, laboratory, or
pharmacy, or other person licensed, registered, or otherwise
lawfully permitted by the United States or this State to
distribute, dispense, conduct research with respect to,
administer or use in teaching or chemical analysis, a
controlled substance in the course of professional practice or
research.
    (ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance.
    (mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatrist
or veterinarian who issues a prescription, a physician
assistant who issues a prescription for a Schedule III, IV, or
V controlled substance in accordance with Section 303.05 and
the written guidelines required under Section 7.5 of the
Physician Assistant Practice Act of 1987, or an advanced
practice nurse with prescriptive authority delegated under
Section 65-40 of the Nurse Practice Act and in accordance with
Section 303.05, a written delegation, and a written
collaborative agreement under Section 65-35 of the Nurse
Practice Act.
    (nn) "Prescription" means a lawful written, facsimile, or
verbal order of a physician licensed to practice medicine in
all its branches, dentist, podiatrist or veterinarian for any
controlled substance, of an optometrist for a Schedule III, IV,
or V controlled substance in accordance with Section 15.1 of
the Illinois Optometric Practice Act of 1987, of a physician
assistant for a Schedule III, IV, or V controlled substance in
accordance with Section 303.05 and the written guidelines
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, or of an advanced practice nurse with prescriptive
authority delegated under Section 65-40 of the Nurse Practice
Act who issues a prescription for a Schedule III, IV, or V
controlled substance in accordance with Section 303.05, a
written delegation, and a written collaborative agreement
under Section 65-35 of the Nurse Practice Act.
    (oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
    (pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
    (qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
    (rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
    (ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his own use or for the use of a
member of his household or for administering to an animal owned
by him or by a member of his household.
(Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08;
95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff.
8-21-08.)
 
    (720 ILCS 570/303.05)
    Sec. 303.05. Mid-level practitioner registration.
    (a) The Department of Professional Regulation shall
register licensed physician assistants and licensed advanced
practice nurses to prescribe and dispense Schedule III, IV, or
V controlled substances under Section 303 and euthanasia
agencies to purchase, store, or administer animal euthanasia
drugs under the following circumstances:
        (1) with respect to physician assistants or advanced
    practice nurses,
            (A) the physician assistant or advanced practice
        nurse has been delegated prescriptive authority to
        prescribe any Schedule III through V controlled
        substances by a physician licensed to practice
        medicine in all its branches in accordance with Section
        7.5 of the Physician Assistant Practice Act of 1987 or
        Section 65-40 of the Nurse Practice Act; and
            (B) the physician assistant or advanced practice
        nurse has completed the appropriate application forms
        and has paid the required fees as set by rule; or
        (2) with respect to advanced practice nurses,
            (A) the advanced practice nurse has been delegated
        authority to prescribe any Schedule III through V
        controlled substances by a physician licensed to
        practice medicine in all its branches or a podiatrist
        in accordance with Section 65-40 of the Nurse Practice
        Act. The advanced practice nurse has completed the
        appropriate application forms and has paid the
        required fees as set by rule; or
            (B) the advanced practice nurse has been delegated
        authority by a collaborating physician licensed to
        practice medicine in all its branches to prescribe or
        dispense Schedule II controlled substances through a
        written delegation of authority and under the
        following conditions:
                (i) no more than 5 Schedule II controlled
            substances by oral dosage may be delegated;
                (ii) any delegation must be of controlled
            substances prescribed by the collaborating
            physician;
                (iii) all prescriptions must be limited to no
            more than a 30-day oral dosage, with any
            continuation authorized only after prior approval
            of the collaborating physician;
                (iv) the advanced practice nurse must discuss
            the condition of any patients for whom a controlled
            substance is prescribed monthly with the
            delegating physician; and
                (v) the advanced practice nurse must have
            completed the appropriate application forms and
            paid the required fees as set by rule; or
        (3) (2) with respect to animal euthanasia agencies, the
    euthanasia agency has obtained a license from the
    Department of Professional Regulation and obtained a
    registration number from the Department.
    (b) The mid-level practitioner shall only be licensed to
prescribe those schedules of controlled substances for which a
licensed physician or licensed podiatrist has delegated
prescriptive authority, except that an animal a euthanasia
agency does not have any prescriptive authority. A physician
assistant and an advanced practice nurse are prohibited from
prescribing medications and controlled substances not set
forth in the required written delegation of authority.
    (c) Upon completion of all registration requirements,
physician assistants, advanced practice nurses, and animal
euthanasia agencies shall be issued a mid-level practitioner
controlled substances license for Illinois.
(Source: P.A. 95-639, eff. 10-5-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2009