093_SB0308
LRB093 06607 LRD 06737 b
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 (Section scheduled to be repealed on January 1, 2008)
23 (Text of Section before amendment by P.A. 92-880)
24 Sec. 3. Definitions. For the purpose of this Act, except
25 where otherwise limited therein:
26 (a) "Pharmacy" or "drugstore" means and includes every
27 store, shop, pharmacy department, or other place where
28 pharmaceutical care is provided by a pharmacist (1) where
29 drugs, medicines, or poisons are dispensed, sold or offered
30 for sale at retail, or displayed for sale at retail; or (2)
31 where prescriptions of physicians, dentists, veterinarians,
32 podiatrists, psychologists certified to prescribe, or
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1 therapeutically certified optometrists, within the limits of
2 their licenses, are compounded, filled, or dispensed; or (3)
3 which has upon it or displayed within it, or affixed to or
4 used in connection with it, a sign bearing the word or words
5 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
6 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
7 "Drugs", "Medicines", or any word or words of similar or like
8 import, either in the English language or any other language;
9 or (4) where the characteristic prescription sign (Rx) or
10 similar design is exhibited; or (5) any store, or shop, or
11 other place with respect to which any of the above words,
12 objects, signs or designs are used in any advertisement.
13 (b) "Drugs" means and includes (l) articles recognized
14 in the official United States Pharmacopoeia/National
15 Formulary (USP/NF), or any supplement thereto and being
16 intended for and having for their main use the diagnosis,
17 cure, mitigation, treatment or prevention of disease in man
18 or other animals, as approved by the United States Food and
19 Drug Administration, but does not include devices or their
20 components, parts, or accessories; and (2) all other articles
21 intended for and having for their main use the diagnosis,
22 cure, mitigation, treatment or prevention of disease in man
23 or other animals, as approved by the United States Food and
24 Drug Administration, but does not include devices or their
25 components, parts, or accessories; and (3) articles (other
26 than food) having for their main use and intended to affect
27 the structure or any function of the body of man or other
28 animals; and (4) articles having for their main use and
29 intended for use as a component or any articles specified in
30 clause (l), (2) or (3); but does not include devices or their
31 components, parts or accessories.
32 (c) "Medicines" means and includes all drugs intended
33 for human or veterinary use approved by the United States
34 Food and Drug Administration.
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1 (d) "Practice of pharmacy" means the provision of
2 pharmaceutical care to patients as determined by the
3 pharmacist's professional judgment in the following areas,
4 which may include but are not limited to (1) patient
5 counseling, (2) interpretation and assisting in the
6 monitoring of appropriate drug use and prospective drug
7 utilization review, (3) providing information on the
8 therapeutic values, reactions, drug interactions, side
9 effects, uses, selection of medications and medical devices,
10 and outcome of drug therapy, (4) participation in drug
11 selection, drug monitoring, drug utilization review,
12 evaluation, administration, interpretation, application of
13 pharmacokinetic and laboratory data to design safe and
14 effective drug regimens, (5) drug research (clinical and
15 scientific), and (6) compounding and dispensing of drugs and
16 medical devices.
17 (e) "Prescription" means and includes any written, oral,
18 facsimile, or electronically transmitted order for drugs or
19 medical devices, issued by a physician licensed to practice
20 medicine in all its branches, dentist, veterinarian, or
21 podiatrist, or therapeutically certified optometrist, within
22 the limits of their licenses, by a physician assistant in
23 accordance with subsection (f) of Section 4, or by an
24 advanced practice nurse in accordance with subsection (g) of
25 Section 4, containing the following: (l) name of the patient;
26 (2) date when prescription was issued; (3) name and strength
27 of drug or description of the medical device prescribed; and
28 (4) quantity, (5) directions for use, (6) prescriber's name,
29 address and signature, and (7) DEA number where required, for
30 controlled substances. DEA numbers shall not be required on
31 inpatient drug orders.
32 (f) "Person" means and includes a natural person,
33 copartnership, association, corporation, government entity,
34 or any other legal entity.
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1 (g) "Department" means the Department of Professional
2 Regulation.
3 (h) "Board of Pharmacy" or "Board" means the State Board
4 of Pharmacy of the Department of Professional Regulation.
5 (i) "Director" means the Director of Professional
6 Regulation.
7 (j) "Drug product selection" means the interchange for a
8 prescribed pharmaceutical product in accordance with Section
9 25 of this Act and Section 3.14 of the Illinois Food, Drug
10 and Cosmetic Act.
11 (k) "Inpatient drug order" means an order issued by an
12 authorized prescriber for a resident or patient of a facility
13 licensed under the Nursing Home Care Act or the Hospital
14 Licensing Act, or "An Act in relation to the founding and
15 operation of the University of Illinois Hospital and the
16 conduct of University of Illinois health care programs",
17 approved July 3, 1931, as amended, or a facility which is
18 operated by the Department of Human Services (as successor to
19 the Department of Mental Health and Developmental
20 Disabilities) or the Department of Corrections.
21 (k-5) "Pharmacist" means an individual currently
22 licensed by this State to engage in the practice of pharmacy.
23 (l) "Pharmacist in charge" means the licensed pharmacist
24 whose name appears on a pharmacy license who is responsible
25 for all aspects of the operation related to the practice of
26 pharmacy.
27 (m) "Dispense" means the delivery of drugs and medical
28 devices, in accordance with applicable State and federal laws
29 and regulations, to the patient or the patient's
30 representative authorized to receive these products,
31 including the compounding, packaging, and labeling necessary
32 for delivery, and any recommending or advising concerning the
33 contents and therapeutic values and uses thereof. "Dispense"
34 does not mean the physical delivery to a patient or a
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1 patient's representative in a home or institution by a
2 designee of a pharmacist or by common carrier. "Dispense"
3 also does not mean the physical delivery of a drug or medical
4 device to a patient or patient's representative by a
5 pharmacist's designee within a pharmacy or drugstore while
6 the pharmacist is on duty and the pharmacy is open.
7 (n) "Mail-order pharmacy" means a pharmacy that is
8 located in a state of the United States, other than Illinois,
9 that delivers, dispenses or distributes, through the United
10 States Postal Service or other common carrier, to Illinois
11 residents, any substance which requires a prescription.
12 (o) "Compounding" means the preparation, mixing,
13 assembling, packaging, or labeling of a drug or medical
14 device: (1) as the result of a practitioner's prescription
15 drug order or initiative that is dispensed pursuant to a
16 prescription in the course of professional practice; or (2)
17 for the purpose of, or incident to, research, teaching, or
18 chemical analysis; or (3) in anticipation of prescription
19 drug orders based on routine, regularly observed prescribing
20 patterns.
21 (p) "Confidential information" means information,
22 maintained by the pharmacist in the patient's records,
23 released only (i) to the patient or, as the patient directs,
24 to other practitioners and other pharmacists or (ii) to any
25 other person authorized by law to receive the information.
26 (q) "Prospective drug review" or "drug utilization
27 evaluation" means a screening for potential drug therapy
28 problems due to therapeutic duplication, drug-disease
29 contraindications, drug-drug interactions (including serious
30 interactions with nonprescription or over-the-counter drugs),
31 drug-food interactions, incorrect drug dosage or duration of
32 drug treatment, drug-allergy interactions, and clinical abuse
33 or misuse.
34 (r) "Patient counseling" means the communication between
-19- LRB093 06607 LRD 06737 b
1 a pharmacist or a student pharmacist under the direct
2 supervision of a pharmacist and a patient or the patient's
3 representative about the patient's medication or device for
4 the purpose of optimizing proper use of prescription
5 medications or devices. The offer to counsel by the
6 pharmacist or the pharmacist's designee, and subsequent
7 patient counseling by the pharmacist or student pharmacist,
8 shall be made in a face-to-face communication with the
9 patient or patient's representative unless, in the
10 professional judgment of the pharmacist, a face-to-face
11 communication is deemed inappropriate or unnecessary. In
12 that instance, the offer to counsel or patient counseling may
13 be made in a written communication, by telephone, or in a
14 manner determined by the pharmacist to be appropriate.
15 (s) "Patient profiles" or "patient drug therapy record"
16 means the obtaining, recording, and maintenance of patient
17 prescription and personal information.
18 (t) "Pharmaceutical care" includes, but is not limited
19 to, the act of monitoring drug use and other patient care
20 services intended to achieve outcomes that improve the
21 patient's quality of life but shall not include the sale of
22 over-the-counter drugs by a seller of goods and services who
23 does not dispense prescription drugs.
24 (u) "Medical device" means an instrument, apparatus,
25 implement, machine, contrivance, implant, in vitro reagent,
26 or other similar or related article, including any component
27 part or accessory, required under federal law to bear the
28 label "Caution: Federal law requires dispensing by or on the
29 order of a physician". A seller of goods and services who,
30 only for the purpose of retail sales, compounds, sells,
31 rents, or leases medical devices shall not, by reasons
32 thereof, be required to be a licensed pharmacy.
33 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
34 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff.
-20- LRB093 06607 LRD 06737 b
1 7-30-98; 90-742, eff. 8-13-98.)
2 (Text of Section after amendment by P.A. 92-880)
3 Sec. 3. Definitions. For the purpose of this Act, except
4 where otherwise limited therein:
5 (a) "Pharmacy" or "drugstore" means and includes every
6 store, shop, pharmacy department, or other place where
7 pharmaceutical care is provided by a pharmacist (1) where
8 drugs, medicines, or poisons are dispensed, sold or offered
9 for sale at retail, or displayed for sale at retail; or (2)
10 where prescriptions of physicians, dentists, veterinarians,
11 podiatrists, psychologists certified to prescribe, or
12 therapeutically certified optometrists, within the limits of
13 their licenses, are compounded, filled, or dispensed; or (3)
14 which has upon it or displayed within it, or affixed to or
15 used in connection with it, a sign bearing the word or words
16 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
17 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
18 "Drugs", "Medicines", or any word or words of similar or like
19 import, either in the English language or any other language;
20 or (4) where the characteristic prescription sign (Rx) or
21 similar design is exhibited; or (5) any store, or shop, or
22 other place with respect to which any of the above words,
23 objects, signs or designs are used in any advertisement.
24 (b) "Drugs" means and includes (l) articles recognized
25 in the official United States Pharmacopoeia/National
26 Formulary (USP/NF), or any supplement thereto and being
27 intended for and having for their main use the diagnosis,
28 cure, mitigation, treatment or prevention of disease in man
29 or other animals, as approved by the United States Food and
30 Drug Administration, but does not include devices or their
31 components, parts, or accessories; and (2) all other articles
32 intended for and having for their main use the diagnosis,
33 cure, mitigation, treatment or prevention of disease in man
34 or other animals, as approved by the United States Food and
-21- LRB093 06607 LRD 06737 b
1 Drug Administration, but does not include devices or their
2 components, parts, or accessories; and (3) articles (other
3 than food) having for their main use and intended to affect
4 the structure or any function of the body of man or other
5 animals; and (4) articles having for their main use and
6 intended for use as a component or any articles specified in
7 clause (l), (2) or (3); but does not include devices or their
8 components, parts or accessories.
9 (c) "Medicines" means and includes all drugs intended
10 for human or veterinary use approved by the United States
11 Food and Drug Administration.
12 (d) "Practice of pharmacy" means the provision of
13 pharmaceutical care to patients as determined by the
14 pharmacist's professional judgment in the following areas,
15 which may include but are not limited to (1) patient
16 counseling, (2) interpretation and assisting in the
17 monitoring of appropriate drug use and prospective drug
18 utilization review, (3) providing information on the
19 therapeutic values, reactions, drug interactions, side
20 effects, uses, selection of medications and medical devices,
21 and outcome of drug therapy, (4) participation in drug
22 selection, drug monitoring, drug utilization review,
23 evaluation, administration, interpretation, application of
24 pharmacokinetic and laboratory data to design safe and
25 effective drug regimens, (5) drug research (clinical and
26 scientific), and (6) compounding and dispensing of drugs and
27 medical devices.
28 (e) "Prescription" means and includes any written, oral,
29 facsimile, or electronically transmitted order for drugs or
30 medical devices, issued by a physician licensed to practice
31 medicine in all its branches, dentist, veterinarian, or
32 podiatrist, or therapeutically certified optometrist, within
33 the limits of their licenses, by a physician assistant in
34 accordance with subsection (f) of Section 4, or by an
-22- LRB093 06607 LRD 06737 b
1 advanced practice nurse in accordance with subsection (g) of
2 Section 4, containing the following: (l) name of the patient;
3 (2) date when prescription was issued; (3) name and strength
4 of drug or description of the medical device prescribed; and
5 (4) quantity, (5) directions for use, (6) prescriber's name,
6 address and signature, and (7) DEA number where required, for
7 controlled substances. DEA numbers shall not be required on
8 inpatient drug orders.
9 (f) "Person" means and includes a natural person,
10 copartnership, association, corporation, government entity,
11 or any other legal entity.
12 (g) "Department" means the Department of Professional
13 Regulation.
14 (h) "Board of Pharmacy" or "Board" means the State Board
15 of Pharmacy of the Department of Professional Regulation.
16 (i) "Director" means the Director of Professional
17 Regulation.
18 (j) "Drug product selection" means the interchange for a
19 prescribed pharmaceutical product in accordance with Section
20 25 of this Act and Section 3.14 of the Illinois Food, Drug
21 and Cosmetic Act.
22 (k) "Inpatient drug order" means an order issued by an
23 authorized prescriber for a resident or patient of a facility
24 licensed under the Nursing Home Care Act or the Hospital
25 Licensing Act, or "An Act in relation to the founding and
26 operation of the University of Illinois Hospital and the
27 conduct of University of Illinois health care programs",
28 approved July 3, 1931, as amended, or a facility which is
29 operated by the Department of Human Services (as successor to
30 the Department of Mental Health and Developmental
31 Disabilities) or the Department of Corrections.
32 (k-5) "Pharmacist" means an individual currently
33 licensed by this State to engage in the practice of pharmacy.
34 (l) "Pharmacist in charge" means the licensed pharmacist
-23- LRB093 06607 LRD 06737 b
1 whose name appears on a pharmacy license and who is
2 responsible for all aspects of the operation related to the
3 practice of pharmacy.
4 (m) "Dispense" means the delivery of drugs and medical
5 devices, in accordance with applicable State and federal laws
6 and regulations, to the patient or the patient's
7 representative authorized to receive these products,
8 including the compounding, packaging, and labeling necessary
9 for delivery, and any recommending or advising concerning the
10 contents and therapeutic values and uses thereof. "Dispense"
11 does not mean the physical delivery to a patient or a
12 patient's representative in a home or institution by a
13 designee of a pharmacist or by common carrier. "Dispense"
14 also does not mean the physical delivery of a drug or medical
15 device to a patient or patient's representative by a
16 pharmacist's designee within a pharmacy or drugstore while
17 the pharmacist is on duty and the pharmacy is open.
18 (n) "Mail-order pharmacy" means a pharmacy that is
19 located in a state of the United States, other than Illinois,
20 that delivers, dispenses or distributes, through the United
21 States Postal Service or other common carrier, to Illinois
22 residents, any substance which requires a prescription.
23 (o) "Compounding" means the preparation, mixing,
24 assembling, packaging, or labeling of a drug or medical
25 device: (1) as the result of a practitioner's prescription
26 drug order or initiative that is dispensed pursuant to a
27 prescription in the course of professional practice; or (2)
28 for the purpose of, or incident to, research, teaching, or
29 chemical analysis; or (3) in anticipation of prescription
30 drug orders based on routine, regularly observed prescribing
31 patterns.
32 (p) "Confidential information" means information,
33 maintained by the pharmacist in the patient's records,
34 released only (i) to the patient or, as the patient directs,
-24- LRB093 06607 LRD 06737 b
1 to other practitioners and other pharmacists or (ii) to any
2 other person authorized by law to receive the information.
3 (q) "Prospective drug review" or "drug utilization
4 evaluation" means a screening for potential drug therapy
5 problems due to therapeutic duplication, drug-disease
6 contraindications, drug-drug interactions (including serious
7 interactions with nonprescription or over-the-counter drugs),
8 drug-food interactions, incorrect drug dosage or duration of
9 drug treatment, drug-allergy interactions, and clinical abuse
10 or misuse.
11 (r) "Patient counseling" means the communication between
12 a pharmacist or a student pharmacist under the direct
13 supervision of a pharmacist and a patient or the patient's
14 representative about the patient's medication or device for
15 the purpose of optimizing proper use of prescription
16 medications or devices. The offer to counsel by the
17 pharmacist or the pharmacist's designee, and subsequent
18 patient counseling by the pharmacist or student pharmacist,
19 shall be made in a face-to-face communication with the
20 patient or patient's representative unless, in the
21 professional judgment of the pharmacist, a face-to-face
22 communication is deemed inappropriate or unnecessary. In
23 that instance, the offer to counsel or patient counseling may
24 be made in a written communication, by telephone, or in a
25 manner determined by the pharmacist to be appropriate.
26 (s) "Patient profiles" or "patient drug therapy record"
27 means the obtaining, recording, and maintenance of patient
28 prescription and personal information.
29 (t) "Pharmaceutical care" includes, but is not limited
30 to, the act of monitoring drug use and other patient care
31 services intended to achieve outcomes that improve the
32 patient's quality of life but shall not include the sale of
33 over-the-counter drugs by a seller of goods and services who
34 does not dispense prescription drugs.
-25- LRB093 06607 LRD 06737 b
1 (u) "Medical device" means an instrument, apparatus,
2 implement, machine, contrivance, implant, in vitro reagent,
3 or other similar or related article, including any component
4 part or accessory, required under federal law to bear the
5 label "Caution: Federal law requires dispensing by or on the
6 order of a physician". A seller of goods and services who,
7 only for the purpose of retail sales, compounds, sells,
8 rents, or leases medical devices shall not, by reasons
9 thereof, be required to be a licensed pharmacy.
10 (v) "Unique identifier" means an electronic signature,
11 handwritten signature or initials, thumb print, or other
12 acceptable individual biometric or electronic identification
13 process as approved by the Department.
14 (Source: P.A. 92-880, eff. 1-1-04.)
15 (225 ILCS 85/4) (from Ch. 111, par. 4124)
16 Sec. 4. Exemptions. Nothing contained in any Section of
17 this Act shall apply to, or in any manner interfere with:
18 (a) the lawful practice of any physician licensed to
19 practice medicine in all of its branches, dentist,
20 podiatrist, veterinarian, psychologist certified to
21 prescribe, or therapeutically or diagnostically certified
22 optometrist within the limits of his or her license, or
23 prevent him or her from supplying to his or her bona fide
24 patients such drugs, medicines, or poisons as may seem to him
25 appropriate;
26 (b) the sale of compressed gases;
27 (c) the sale of patent or proprietary medicines and
28 household remedies when sold in original and unbroken
29 packages only, if such patent or proprietary medicines and
30 household remedies be properly and adequately labeled as to
31 content and usage and generally considered and accepted as
32 harmless and nonpoisonous when used according to the
33 directions on the label, and also do not contain opium or
-26- LRB093 06607 LRD 06737 b
1 coca leaves, or any compound, salt or derivative thereof, or
2 any drug which, according to the latest editions of the
3 following authoritative pharmaceutical treatises and
4 standards, namely, The United States Pharmacopoeia/National
5 Formulary (USP/NF), the United States Dispensatory, and the
6 Accepted Dental Remedies of the Council of Dental
7 Therapeutics of the American Dental Association or any or
8 either of them, in use on the effective date of this Act, or
9 according to the existing provisions of the Federal Food,
10 Drug, and Cosmetic Act and Regulations of the Department of
11 Health and Human Services, Food and Drug Administration,
12 promulgated thereunder now in effect, is designated,
13 described or considered as a narcotic, hypnotic, habit
14 forming, dangerous, or poisonous drug;
15 (d) the sale of poultry and livestock remedies in
16 original and unbroken packages only, labeled for poultry and
17 livestock medication;
18 (e) the sale of poisonous substances or mixture of
19 poisonous substances, in unbroken packages, for nonmedicinal
20 use in the arts or industries or for insecticide purposes;
21 provided, they are properly and adequately labeled as to
22 content and such nonmedicinal usage, in conformity with the
23 provisions of all applicable federal, state and local laws
24 and regulations promulgated thereunder now in effect relating
25 thereto and governing the same, and those which are required
26 under such applicable laws and regulations to be labeled with
27 the word "Poison", are also labeled with the word "Poison"
28 printed thereon in prominent type and the name of a readily
29 obtainable antidote with directions for its administration;
30 (f) the delegation of limited prescriptive authority by
31 a physician licensed to practice medicine in all its branches
32 to a physician assistant under Section 7.5 of the Physician
33 Assistant Practice Act of 1987. This delegated authority may
34 but is not required to include prescription of Schedule III,
-27- LRB093 06607 LRD 06737 b
1 IV, or V controlled substances, as defined in Article II of
2 the Illinois Controlled Substances Act, in accordance with
3 written guidelines under Section 7.5 of the Physician
4 Assistant Practice Act of 1987; and
5 (g) The delegation of limited prescriptive authority by
6 a physician licensed to practice medicine in all its branches
7 to an advanced practice nurse in accordance with a written
8 collaborative agreement under Sections 15-15 and 15-20 of the
9 Nursing and Advanced Practice Nursing Act. This delegated
10 authority may but is not required to include the prescription
11 of Schedule III, IV, or V controlled substances as defined in
12 Article II of the Illinois Controlled Substances Act.
13 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
14 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
15 Section 20. The Illinois Controlled Substances Act is
16 amended by changing Section 102 as follows:
17 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
18 Sec. 102. Definitions. As used in this Act, unless the
19 context otherwise requires:
20 (a) "Addict" means any person who habitually uses any
21 drug, chemical, substance or dangerous drug other than
22 alcohol so as to endanger the public morals, health, safety
23 or welfare or who is so far addicted to the use of a
24 dangerous drug or controlled substance other than alcohol as
25 to have lost the power of self control with reference to his
26 addiction.
27 (b) "Administer" means the direct application of a
28 controlled substance, whether by injection, inhalation,
29 ingestion, or any other means, to the body of a patient or
30 research subject by:
31 (1) a practitioner (or, in his presence, by his
32 authorized agent), or
-28- LRB093 06607 LRD 06737 b
1 (2) the patient or research subject at the lawful
2 direction of the practitioner.
3 (c) "Agent" means an authorized person who acts on
4 behalf of or at the direction of a manufacturer, distributor,
5 or dispenser. It does not include a common or contract
6 carrier, public warehouseman or employee of the carrier or
7 warehouseman.
8 (c-1) "Anabolic Steroids" means any drug or hormonal
9 substance, chemically and pharmacologically related to
10 testosterone (other than estrogens, progestins, and
11 corticosteroids) that promotes muscle growth, and includes:
12 (i) boldenone,
13 (ii) chlorotestosterone,
14 (iii) chostebol,
15 (iv) dehydrochlormethyltestosterone,
16 (v) dihydrotestosterone,
17 (vi) drostanolone,
18 (vii) ethylestrenol,
19 (viii) fluoxymesterone,
20 (ix) formebulone,
21 (x) mesterolone,
22 (xi) methandienone,
23 (xii) methandranone,
24 (xiii) methandriol,
25 (xiv) methandrostenolone,
26 (xv) methenolone,
27 (xvi) methyltestosterone,
28 (xvii) mibolerone,
29 (xviii) nandrolone,
30 (xix) norethandrolone,
31 (xx) oxandrolone,
32 (xxi) oxymesterone,
33 (xxii) oxymetholone,
34 (xxiii) stanolone,
-29- LRB093 06607 LRD 06737 b
1 (xxiv) stanozolol,
2 (xxv) testolactone,
3 (xxvi) testosterone,
4 (xxvii) trenbolone, and
5 (xxviii) any salt, ester, or isomer of a drug
6 or substance described or listed in this paragraph,
7 if that salt, ester, or isomer promotes muscle
8 growth.
9 Any person who is otherwise lawfully in possession of an
10 anabolic steroid, or who otherwise lawfully manufactures,
11 distributes, dispenses, delivers, or possesses with intent to
12 deliver an anabolic steroid, which anabolic steroid is
13 expressly intended for and lawfully allowed to be
14 administered through implants to livestock or other nonhuman
15 species, and which is approved by the Secretary of Health and
16 Human Services for such administration, and which the person
17 intends to administer or have administered through such
18 implants, shall not be considered to be in unauthorized
19 possession or to unlawfully manufacture, distribute,
20 dispense, deliver, or possess with intent to deliver such
21 anabolic steroid for purposes of this Act.
22 (d) "Administration" means the Drug Enforcement
23 Administration, United States Department of Justice, or its
24 successor agency.
25 (e) "Control" means to add a drug or other substance, or
26 immediate precursor, to a Schedule under Article II of this
27 Act whether by transfer from another Schedule or otherwise.
28 (f) "Controlled Substance" means a drug, substance, or
29 immediate precursor in the Schedules of Article II of this
30 Act.
31 (g) "Counterfeit substance" means a controlled
32 substance, which, or the container or labeling of which,
33 without authorization bears the trademark, trade name, or
34 other identifying mark, imprint, number or device, or any
-30- LRB093 06607 LRD 06737 b
1 likeness thereof, of a manufacturer, distributor, or
2 dispenser other than the person who in fact manufactured,
3 distributed, or dispensed the substance.
4 (h) "Deliver" or "delivery" means the actual,
5 constructive or attempted transfer of possession of a
6 controlled substance, with or without consideration, whether
7 or not there is an agency relationship.
8 (i) "Department" means the Illinois Department of Human
9 Services (as successor to the Department of Alcoholism and
10 Substance Abuse) or its successor agency.
11 (j) "Department of State Police" means the Department of
12 State Police of the State of Illinois or its successor
13 agency.
14 (k) "Department of Corrections" means the Department of
15 Corrections of the State of Illinois or its successor agency.
16 (l) "Department of Professional Regulation" means the
17 Department of Professional Regulation of the State of
18 Illinois or its successor agency.
19 (m) "Depressant" or "stimulant substance" means:
20 (1) a drug which contains any quantity of (i)
21 barbituric acid or any of the salts of barbituric acid
22 which has been designated as habit forming under section
23 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
24 U.S.C. 352 (d)); or
25 (2) a drug which contains any quantity of (i)
26 amphetamine or methamphetamine and any of their optical
27 isomers; (ii) any salt of amphetamine or methamphetamine
28 or any salt of an optical isomer of amphetamine; or (iii)
29 any substance which the Department, after investigation,
30 has found to be, and by rule designated as, habit forming
31 because of its depressant or stimulant effect on the
32 central nervous system; or
33 (3) lysergic acid diethylamide; or
34 (4) any drug which contains any quantity of a
-31- LRB093 06607 LRD 06737 b
1 substance which the Department, after investigation, has
2 found to have, and by rule designated as having, a
3 potential for abuse because of its depressant or
4 stimulant effect on the central nervous system or its
5 hallucinogenic effect.
6 (n) (Blank).
7 (o) "Director" means the Director of the Department of
8 State Police or the Department of Professional Regulation or
9 his designated agents.
10 (p) "Dispense" means to deliver a controlled substance
11 to an ultimate user or research subject by or pursuant to the
12 lawful order of a prescriber, including the prescribing,
13 administering, packaging, labeling, or compounding necessary
14 to prepare the substance for that delivery.
15 (q) "Dispenser" means a practitioner who dispenses.
16 (r) "Distribute" means to deliver, other than by
17 administering or dispensing, a controlled substance.
18 (s) "Distributor" means a person who distributes.
19 (t) "Drug" means (1) substances recognized as drugs in
20 the official United States Pharmacopoeia, Official
21 Homeopathic Pharmacopoeia of the United States, or official
22 National Formulary, or any supplement to any of them; (2)
23 substances intended for use in diagnosis, cure, mitigation,
24 treatment, or prevention of disease in man or animals; (3)
25 substances (other than food) intended to affect the structure
26 of any function of the body of man or animals and (4)
27 substances intended for use as a component of any article
28 specified in clause (1), (2), or (3) of this subsection. It
29 does not include devices or their components, parts, or
30 accessories.
31 (t-5) "Euthanasia agency" means an entity certified by
32 the Department of Professional Regulation for the purpose of
33 animal euthanasia that holds an animal control facility
34 license or animal shelter license under the Animal Welfare
-32- LRB093 06607 LRD 06737 b
1 Act. A euthanasia agency is authorized to purchase, store,
2 possess, and utilize Schedule II nonnarcotic and Schedule III
3 nonnarcotic drugs for the sole purpose of animal euthanasia.
4 (u) "Good faith" means the prescribing or dispensing of
5 a controlled substance by a practitioner in the regular
6 course of professional treatment to or for any person who is
7 under his treatment for a pathology or condition other than
8 that individual's physical or psychological dependence upon
9 or addiction to a controlled substance, except as provided
10 herein: and application of the term to a pharmacist shall
11 mean the dispensing of a controlled substance pursuant to the
12 prescriber's order which in the professional judgment of the
13 pharmacist is lawful. The pharmacist shall be guided by
14 accepted professional standards including, but not limited to
15 the following, in making the judgment:
16 (1) lack of consistency of doctor-patient
17 relationship,
18 (2) frequency of prescriptions for same drug by one
19 prescriber for large numbers of patients,
20 (3) quantities beyond those normally prescribed,
21 (4) unusual dosages,
22 (5) unusual geographic distances between patient,
23 pharmacist and prescriber,
24 (6) consistent prescribing of habit-forming drugs.
25 (u-1) "Home infusion services" means services provided
26 by a pharmacy in compounding solutions for direct
27 administration to a patient in a private residence, long-term
28 care facility, or hospice setting by means of parenteral,
29 intravenous, intramuscular, subcutaneous, or intraspinal
30 infusion.
31 (v) "Immediate precursor" means a substance:
32 (1) which the Department has found to be and by
33 rule designated as being a principal compound used, or
34 produced primarily for use, in the manufacture of a
-33- LRB093 06607 LRD 06737 b
1 controlled substance;
2 (2) which is an immediate chemical intermediary
3 used or likely to be used in the manufacture of such
4 controlled substance; and
5 (3) the control of which is necessary to prevent,
6 curtail or limit the manufacture of such controlled
7 substance.
8 (w) "Instructional activities" means the acts of
9 teaching, educating or instructing by practitioners using
10 controlled substances within educational facilities approved
11 by the State Board of Education or its successor agency.
12 (x) "Local authorities" means a duly organized State,
13 County or Municipal peace unit or police force.
14 (y) "Look-alike substance" means a substance, other than
15 a controlled substance which (1) by overall dosage unit
16 appearance, including shape, color, size, markings or lack
17 thereof, taste, consistency, or any other identifying
18 physical characteristic of the substance, would lead a
19 reasonable person to believe that the substance is a
20 controlled substance, or (2) is expressly or impliedly
21 represented to be a controlled substance or is distributed
22 under circumstances which would lead a reasonable person to
23 believe that the substance is a controlled substance. For the
24 purpose of determining whether the representations made or
25 the circumstances of the distribution would lead a reasonable
26 person to believe the substance to be a controlled substance
27 under this clause (2) of subsection (y), the court or other
28 authority may consider the following factors in addition to
29 any other factor that may be relevant:
30 (a) statements made by the owner or person in
31 control of the substance concerning its nature, use or
32 effect;
33 (b) statements made to the buyer or recipient that
34 the substance may be resold for profit;
-34- LRB093 06607 LRD 06737 b
1 (c) whether the substance is packaged in a manner
2 normally used for the illegal distribution of controlled
3 substances;
4 (d) whether the distribution or attempted
5 distribution included an exchange of or demand for money
6 or other property as consideration, and whether the
7 amount of the consideration was substantially greater
8 than the reasonable retail market value of the substance.
9 Clause (1) of this subsection (y) shall not apply to a
10 noncontrolled substance in its finished dosage form that was
11 initially introduced into commerce prior to the initial
12 introduction into commerce of a controlled substance in its
13 finished dosage form which it may substantially resemble.
14 Nothing in this subsection (y) prohibits the dispensing
15 or distributing of noncontrolled substances by persons
16 authorized to dispense and distribute controlled substances
17 under this Act, provided that such action would be deemed to
18 be carried out in good faith under subsection (u) if the
19 substances involved were controlled substances.
20 Nothing in this subsection (y) or in this Act prohibits
21 the manufacture, preparation, propagation, compounding,
22 processing, packaging, advertising or distribution of a drug
23 or drugs by any person registered pursuant to Section 510 of
24 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
25 (y-1) "Mail-order pharmacy" means a pharmacy that is
26 located in a state of the United States, other than Illinois,
27 that delivers, dispenses or distributes, through the United
28 States Postal Service or other common carrier, to Illinois
29 residents, any substance which requires a prescription.
30 (z) "Manufacture" means the production, preparation,
31 propagation, compounding, conversion or processing of a
32 controlled substance, either directly or indirectly, by
33 extraction from substances of natural origin, or
34 independently by means of chemical synthesis, or by a
-35- LRB093 06607 LRD 06737 b
1 combination of extraction and chemical synthesis, and
2 includes any packaging or repackaging of the substance or
3 labeling of its container, except that this term does not
4 include:
5 (1) by an ultimate user, the preparation or
6 compounding of a controlled substance for his own use; or
7 (2) by a practitioner, or his authorized agent
8 under his supervision, the preparation, compounding,
9 packaging, or labeling of a controlled substance:
10 (a) as an incident to his administering or
11 dispensing of a controlled substance in the course
12 of his professional practice; or
13 (b) as an incident to lawful research,
14 teaching or chemical analysis and not for sale.
15 (z-1) "Methamphetamine manufacturing chemical" means any
16 of the following chemicals or substances containing any of
17 the following chemicals: benzyl methyl ketone, ephedrine,
18 methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or
19 pseudoephedrine or any of the salts, optical isomers, or
20 salts of optical isomers of the above-listed chemicals.
21 (aa) "Narcotic drug" means any of the following, whether
22 produced directly or indirectly by extraction from substances
23 of natural origin, or independently by means of chemical
24 synthesis, or by a combination of extraction and chemical
25 synthesis:
26 (1) opium and opiate, and any salt, compound,
27 derivative, or preparation of opium or opiate;
28 (2) any salt, compound, isomer, derivative, or
29 preparation thereof which is chemically equivalent or
30 identical with any of the substances referred to in
31 clause (1), but not including the isoquinoline alkaloids
32 of opium;
33 (3) opium poppy and poppy straw;
34 (4) coca leaves and any salts, compound, isomer,
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1 salt of an isomer, derivative, or preparation of coca
2 leaves including cocaine or ecgonine, and any salt,
3 compound, isomer, derivative, or preparation thereof
4 which is chemically equivalent or identical with any of
5 these substances, but not including decocainized coca
6 leaves or extractions of coca leaves which do not contain
7 cocaine or ecgonine (for the purpose of this paragraph,
8 the term "isomer" includes optical, positional and
9 geometric isomers).
10 (bb) "Nurse" means a registered nurse licensed under the
11 Nursing and Advanced Practice Nursing Act.
12 (cc) (Blank).
13 (dd) "Opiate" means any substance having an addiction
14 forming or addiction sustaining liability similar to morphine
15 or being capable of conversion into a drug having addiction
16 forming or addiction sustaining liability.
17 (ee) "Opium poppy" means the plant of the species
18 Papaver somniferum L., except its seeds.
19 (ff) "Parole and Pardon Board" means the Parole and
20 Pardon Board of the State of Illinois or its successor
21 agency.
22 (gg) "Person" means any individual, corporation,
23 mail-order pharmacy, government or governmental subdivision
24 or agency, business trust, estate, trust, partnership or
25 association, or any other entity.
26 (hh) "Pharmacist" means any person who holds a
27 certificate of registration as a registered pharmacist, a
28 local registered pharmacist or a registered assistant
29 pharmacist under the Pharmacy Practice Act of 1987.
30 (ii) "Pharmacy" means any store, ship or other place in
31 which pharmacy is authorized to be practiced under the
32 Pharmacy Practice Act of 1987.
33 (jj) "Poppy straw" means all parts, except the seeds, of
34 the opium poppy, after mowing.
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1 (kk) "Practitioner" means a physician licensed to
2 practice medicine in all its branches, dentist, podiatrist,
3 veterinarian, psychologist, scientific investigator,
4 pharmacist, physician assistant, advanced practice nurse,
5 licensed practical nurse, registered nurse, hospital,
6 laboratory, or pharmacy, or other person licensed,
7 registered, or otherwise lawfully permitted by the United
8 States or this State to distribute, dispense, conduct
9 research with respect to, administer or use in teaching or
10 chemical analysis, a controlled substance in the course of
11 professional practice or research.
12 (ll) "Pre-printed prescription" means a written
13 prescription upon which the designated drug has been
14 indicated prior to the time of issuance.
15 (mm) "Prescriber" means a physician licensed to practice
16 medicine in all its branches, dentist, podiatrist,
17 psychologist certified to prescribe or veterinarian who
18 issues a prescription, a physician assistant who issues a
19 prescription for a Schedule III, IV, or V controlled
20 substance in accordance with Section 303.05 and the written
21 guidelines required under Section 7.5 of the Physician
22 Assistant Practice Act of 1987, or an advanced practice nurse
23 with prescriptive authority in accordance with Section 303.05
24 and a written collaborative agreement under Sections 15-15
25 and 15-20 of the Nursing and Advanced Practice Nursing Act.
26 (nn) "Prescription" means a lawful written, facsimile,
27 or verbal order of a physician licensed to practice medicine
28 in all its branches, dentist, podiatrist or veterinarian for
29 any controlled substance, of a physician assistant for a
30 Schedule III, IV, or V controlled substance in accordance
31 with Section 303.05 and the written guidelines required under
32 Section 7.5 of the Physician Assistant Practice Act of 1987,
33 or of an advanced practice nurse who issues a prescription
34 for a Schedule III, IV, or V controlled substance in
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1 accordance with Section 303.05 and a written collaborative
2 agreement under Sections 15-15 and 15-20 of the Nursing and
3 Advanced Practice Nursing Act.
4 (oo) "Production" or "produce" means manufacture,
5 planting, cultivating, growing, or harvesting of a controlled
6 substance.
7 (pp) "Registrant" means every person who is required to
8 register under Section 302 of this Act.
9 (qq) "Registry number" means the number assigned to each
10 person authorized to handle controlled substances under the
11 laws of the United States and of this State.
12 (rr) "State" includes the State of Illinois and any
13 state, district, commonwealth, territory, insular possession
14 thereof, and any area subject to the legal authority of the
15 United States of America.
16 (ss) "Ultimate user" means a person who lawfully
17 possesses a controlled substance for his own use or for the
18 use of a member of his household or for administering to an
19 animal owned by him or by a member of his household.
20 (Source: P.A. 91-403, eff. 1-1-00; 91-714, eff. 6-2-00;
21 92-449, eff. 1-1-02.)
22 Section 95. No acceleration or delay. Where this Act
23 makes changes in a statute that is represented in this Act by
24 text that is not yet or no longer in effect (for example, a
25 Section represented by multiple versions), the use of that
26 text does not accelerate or delay the taking effect of (i)
27 the changes made by this Act or (ii) provisions derived from
28 any other Public Act.