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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1179
Introduced 02/08/05, by Rep. Angelo Saviano - Frank J. Mautino - Arthur L. Turner - William B. Black SYNOPSIS AS INTRODUCED: |
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225 ILCS 80/3 |
from Ch. 111, par. 3903 |
225 ILCS 80/15.1 |
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720 ILCS 570/102 |
from Ch. 56 1/2, par. 1102 |
720 ILCS 570/103 |
from Ch. 56 1/2, par. 1103 |
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Amends the Illinois Optometric Practice Act of 1987. Makes a technical change in a Section concerning the practice of optometry. Changes the definition of "therapeutic ocular pharmaceutical agents". Provides that medication administered by injection may be used only for the treatment of anaphylaxis. Amends the Illinois Controlled Substances Act. Adds references to optometrists in the definitions of "practitioner", "prescriber", and "prescription". Provides that nothing in the Illinois Controlled Substances Act limits the lawful authority granted by the Optometric Practice Act of 1987.
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A BILL FOR
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HB1179 |
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LRB094 06611 RAS 36703 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Optometric Practice Act of 1987 is |
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| amended by changing Sections 3 and 15.1 as follows:
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| (225 ILCS 80/3) (from Ch. 111, par. 3903)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 3. Practice of optometry defined; referrals; |
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| manufacture of lenses
and prisms.
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| (a) The practice of optometry is defined as the employment |
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| of any
and all means for the examination, diagnosis, and |
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| treatment of the human
visual system, the human eye, and its |
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| appendages without the use of
surgery, including but not |
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| limited to: the appropriate
use of diagnostic ocular |
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| pharmaceutical agents and therapeutic ocular
pharmaceutical |
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| agents; refraction and other determinants of visual function;
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| prescribing corrective lenses or prisms; prescribing, |
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| dispensing, or management
of contact lenses; vision therapy; |
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| visual rehabilitation; or any other
procedures taught in |
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| schools and colleges of optometry approved by the
Department, |
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| and not specifically restricted in this Act, subject to
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| demonstrated competency and training as required by the Board, |
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| and pursuant
to rule or regulation approved by the Board and |
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| adopted by
the Department.
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| A person shall be deemed to be practicing optometry within |
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| the meaning of
this Act who:
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| (1) In any way presents himself or herself to be |
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| qualified to
practice optometry.
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| (2) Performs refractions or employs any other |
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| determinants of
visual function.
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| (3) Employs any means for the adaptation of lenses or |
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| prisms.
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HB1179 |
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LRB094 06611 RAS 36703 b |
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| (4) Prescribes corrective lenses, prisms, vision |
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| therapy,
visual rehabilitation, or ocular pharmaceutical |
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| agents.
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| (5) Prescribes or manages contact lenses for |
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| refractive,
cosmetic, or therapeutic purposes.
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| (6) Evaluates the need for, or prescribes, low vision |
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| aids to
partially sighted persons.
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| (7) Diagnoses or treats any ocular abnormality, |
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| disease, or
visual or muscular anomaly of the human eye or |
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| visual system.
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| (8) Practices, or offers or attempts to practice, |
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| optometry as defined in
this Act either on his or her own |
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| behalf or as an employee
of a person, firm,
or corporation, |
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| whether under the supervision of his or her employer or |
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| not.
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| Nothing in this Section shall be interpreted (i) to prevent |
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| a person from
functioning as an assistant under the direct |
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| supervision of a person licensed
by the State of Illinois to |
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| practice optometry or medicine in all of its
branches or (ii) |
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| to prohibit visual screening programs that
are conducted |
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| without a fee (other than voluntary donations), by
charitable |
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| organizations
acting in the public welfare under
the |
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| supervision of a committee composed of persons licensed by the |
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| State of
Illinois to practice optometry or persons licensed by |
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| the State of Illinois
to practice medicine in all of its |
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| branches.
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| (b) When, in the course of providing optometric services to |
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| any person,
an optometrist licensed under this Act finds an |
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| indication of a disease or
condition of the eye which in his or |
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| her professional judgment requires
professional service |
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| outside the scope of practice as defined in this Act,
he or she |
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| shall refer such person to a physician licensed to practice |
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| medicine
in all of its branches, or other appropriate health |
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| care practitioner.
Nothing in this Act shall preclude an |
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| optometrist who is therapeutically
certified from rendering |
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| appropriate non-surgical
nonsurgical
ophthalmic emergency |
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LRB094 06611 RAS 36703 b |
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| care.
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| (c) Nothing contained in this Section shall prohibit a |
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| person from
manufacturing ophthalmic lenses and prisms or the |
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| fabrication
of contact lenses according to the specifications |
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| prescribed by an optometrist
or a physician licensed to |
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| practice medicine in all of its branches, but shall
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| specifically prohibit the sale or delivery of ophthalmic
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| lenses, prisms, and contact lenses without a prescription |
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| signed by an
optometrist or a physician licensed to practice |
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| medicine in all of its
branches.
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| (d) Nothing in this Act shall restrict the filling of a |
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| prescription by a
pharmacist licensed under the Pharmacy |
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| Practice Act of 1987.
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| (Source: P.A. 90-655, eff. 7-30-99; 91-141, eff. 7-16-99.)
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| (225 ILCS 80/15.1)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 15.1. Diagnostic and therapeutic certification.
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| (a) Any licensed optometrist may apply to the Department, |
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| in the form the
Department may prescribe, for a certificate to |
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| use diagnostic topical ocular
pharmaceutical agents and the |
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| Department shall certify the
applicant if:
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| (1) the applicant has received appropriate training |
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| and certification from
a properly accredited institution |
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| of higher learning for the certificate; and
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| (2) the applicant has demonstrated training and |
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| competence to use
diagnostic topical ocular pharmaceutical |
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| agents as required by the
Board pursuant to rule or |
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| regulation approved by the
Board and adopted
by the |
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| Department.
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| A certificate to use topical ocular pharmaceutical agents |
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| for diagnostic
purposes previously issued
by the Department |
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| that is current and valid on the effective date of this
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| amendatory Act of 1995 is valid until its expiration date and |
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| entitles the
holder of the certificate to use diagnostic |
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| topical ocular pharmaceutical
agents as provided in this Act.
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LRB094 06611 RAS 36703 b |
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| (b) Any licensed optometrist may apply to the Department, |
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| in the form the
Department may prescribe, for a certificate to |
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| use therapeutic ocular
pharmaceutical agents and the |
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| Department shall certify the applicant if:
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| (1) the applicant has received a certificate to use |
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| diagnostic topical
ocular pharmaceutical agents under |
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| subsection (a);
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| (2) the applicant has received appropriate training |
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| and certification from
a properly accredited institution |
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| of higher learning for the certificate; and
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| (3) the applicant has demonstrated training and |
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| competence to use
therapeutic ocular pharmaceutical agents |
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| as required by the Board pursuant
to rule or regulation |
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| approved by the Board and adopted by
the Department.
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| All applicants for license renewal after January 1, 2006 |
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| must apply for and
maintain certification to use therapeutic |
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| ocular pharmaceutical agents.
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| (c) For purposes of the Act, "diagnostic topical ocular |
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| pharmaceutical
agents" means anesthetics, mydriatics, |
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| cycloplegics, and miotics used for
diagnostic purposes as |
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| defined by the Board pursuant to rule
approved
by the Board and |
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| adopted by the Department.
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| (d) For the purposes of the Act, "therapeutic ocular |
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| pharmaceutical agents"
means all drugs and pharmaceutical |
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| agents appropriate for the diagnosis, treatment, and |
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| management of diseases and conditions of the eye and adnexa. |
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| Medication administered by injection may be used only for the |
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| treatment of anaphylaxis.
the following when used for |
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| diagnostic or therapeutic purposes:
topical
anti-infective |
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| agents,
topical anti-allergy agents,
topical
anti-glaucoma |
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| agents, topical anti-inflammatory agents, topical
anesthetic
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| agents, over the counter agents, non-narcotic oral analgesic
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| agents,
and mydriatic reversing
agents.
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| (e) A licensed optometrist who is therapeutically |
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| certified may remove
superficial foreign bodies from the human |
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| eye and adnexa.
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HB1179 |
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LRB094 06611 RAS 36703 b |
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| (e-5) A licensed optometrist who is therapeutically
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| certified may give orders for patient care related to the use |
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| of
therapeutic ocular pharmaceutical agents to a nurse licensed |
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| to practice under
Illinois law.
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| (f) An optometrist's certificate to use diagnostic topical |
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| ocular
pharmaceutical agents shall be revoked or suspended by |
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| the Department upon
recommendation of the Board based on the |
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| misuse of any
diagnostic topical
ocular pharmaceutical agent.
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| (g) An optometrist's certificate to use therapeutic ocular
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| pharmaceutical agents shall be revoked or suspended by
the |
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| Department upon recommendation of the Board based on the
misuse |
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| of any
therapeutic ocular pharmaceutical agent.
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| (h) An optometrist's license shall be revoked or suspended |
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| by the Department
upon recommendation of the Board based upon |
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| either of the
following causes:
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| (1) grave or repeated misuse of any diagnostic or |
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| therapeutic ocular
pharmaceutical agent; and
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| (2) the use of any agent or procedure in the course of |
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| optometric practice
by an optometrist not properly |
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| certified under this Section.
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| (i) The provisions of Sections 26.2, 26.3, 26.5, 26.10, |
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| 26.11, 26.14, and
26.15 of this Act shall apply to all |
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| disciplinary proceedings brought under
this Section.
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| (j) The Director may temporarily suspend a certificate to |
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| use diagnostic
topical ocular pharmaceuticals or a certificate |
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| to use
therapeutic ocular pharmaceuticals or a license to |
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| practice optometry, without
a hearing, simultaneously with the |
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| institution of proceedings for a hearing
based upon a violation |
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| of subsection (f), (g), or (h) of this Section, if the
Director |
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| finds that evidence in his or her possession indicates that the
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| continued use of diagnostic topical ocular pharmaceuticals, or
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| therapeutic ocular pharmaceuticals, or continued practice of |
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| optometry would
constitute an immediate danger to the public. |
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| In the event that the Director
temporarily suspends a |
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| certificate to use diagnostic topical ocular
pharmaceuticals, |
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| therapeutic ocular pharmaceuticals, or a
license to practice |
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HB1179 |
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LRB094 06611 RAS 36703 b |
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| optometry without a hearing, a hearing by the Board
shall be |
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| commenced within 15 days after suspension has occurred, and |
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| concluded
without appreciable delay.
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| (k) The Director of the Department of Professional |
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| Regulation shall notify
the Director of the Department of |
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| Public Health as to the categories of ocular
pharmaceutical |
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| agents permitted for use by an optometrist. The Director of the
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| Department of Public Health shall in turn
notify every licensed |
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| pharmacist in the State of the categories of ocular
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| pharmaceutical agents that can be utilized and prescribed by an |
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| optometrist.
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| (l) Nothing in this Act prohibits the use of diagnostic
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| topical ocular pharmaceutical agents or therapeutic ocular |
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| pharmaceutical
agents
in the practice of optometry by |
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| optometrists certified for such use under this
Section.
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| (Source: P.A. 90-73, eff. 7-8-97; 91-141, eff. 7-16-99.)
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| Section 10. The Illinois Controlled Substances Act is |
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| amended by changing Sections 102 and 103 as follows: |
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| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
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| Sec. 102. Definitions. As used in this Act, unless the |
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| context
otherwise requires:
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| (a) "Addict" means any person who habitually uses any drug, |
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| chemical,
substance or dangerous drug other than alcohol so as |
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| to endanger the public
morals, health, safety or welfare or who |
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| is so far addicted to the use of a
dangerous drug or controlled |
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| substance other than alcohol as to have lost
the power of self |
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| control with reference to his addiction.
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| (b) "Administer" means the direct application of a |
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| controlled
substance, whether by injection, inhalation, |
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| ingestion, or any other
means, to the body of a patient, |
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| research subject, or animal (as
defined by the Humane |
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| Euthanasia in Animal Shelters Act) by:
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| (1) a practitioner (or, in his presence, by his |
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| authorized agent),
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HB1179 |
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LRB094 06611 RAS 36703 b |
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| (2) the patient or research subject at the lawful |
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| direction of the
practitioner, or
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| (3) a euthanasia technician as defined by the Humane |
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| Euthanasia in
Animal Shelters Act.
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| (c) "Agent" means an authorized person who acts on behalf |
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| of or at
the direction of a manufacturer, distributor, or |
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| dispenser. It does not
include a common or contract carrier, |
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| public warehouseman or employee of
the carrier or warehouseman.
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| (c-1) "Anabolic Steroids" means any drug or hormonal |
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| substance,
chemically and pharmacologically related to |
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| testosterone (other than
estrogens, progestins, and |
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| corticosteroids) that promotes muscle growth,
and includes:
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| (i) boldenone,
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| (ii) chlorotestosterone,
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| (iii) chostebol,
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| (iv) dehydrochlormethyltestosterone,
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| (v) dihydrotestosterone,
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| (vi) drostanolone,
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| (vii) ethylestrenol,
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| (viii) fluoxymesterone,
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| (ix) formebulone,
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| (x) mesterolone,
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| (xi) methandienone,
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| (xii) methandranone,
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| (xiii) methandriol,
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| (xiv) methandrostenolone,
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| (xv) methenolone,
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| (xvi) methyltestosterone,
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| (xvii) mibolerone,
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| (xviii) nandrolone,
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| (xix) norethandrolone,
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| (xx) oxandrolone,
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| (xxi) oxymesterone,
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| (xxii) oxymetholone,
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| (xxiii) stanolone,
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| (xxiv) stanozolol,
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HB1179 |
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LRB094 06611 RAS 36703 b |
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| (xxv) testolactone,
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| (xxvi) testosterone,
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| (xxvii) trenbolone, and
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| (xxviii) any salt, ester, or isomer of a drug or |
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| substance described
or listed in this paragraph, if |
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| that salt, ester, or isomer promotes muscle
growth.
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| Any person who is otherwise lawfully in possession of an |
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| anabolic
steroid, or who otherwise lawfully manufactures, |
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| distributes, dispenses,
delivers, or possesses with intent to |
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| deliver an anabolic steroid, which
anabolic steroid is |
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| expressly intended for and lawfully allowed to be
administered |
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| through implants to livestock or other nonhuman species, and
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| which is approved by the Secretary of Health and Human Services |
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| for such
administration, and which the person intends to |
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| administer or have
administered through such implants, shall |
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| not be considered to be in
unauthorized possession or to |
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| unlawfully manufacture, distribute, dispense,
deliver, or |
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| possess with intent to deliver such anabolic steroid for
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| purposes of this Act.
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| (d) "Administration" means the Drug Enforcement |
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| Administration,
United States Department of Justice, or its |
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| successor agency.
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| (e) "Control" means to add a drug or other substance, or |
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| immediate
precursor, to a Schedule under Article II of this Act |
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| whether by
transfer from another Schedule or otherwise.
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| (f) "Controlled Substance" means a drug, substance, or |
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| immediate
precursor in the Schedules of Article II of this Act.
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| (g) "Counterfeit substance" means a controlled substance, |
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| which, or
the container or labeling of which, without |
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| authorization bears the
trademark, trade name, or other |
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| identifying mark, imprint, number or
device, or any likeness |
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| thereof, of a manufacturer, distributor, or
dispenser other |
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| than the person who in fact manufactured, distributed,
or |
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| dispensed the substance.
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| (h) "Deliver" or "delivery" means the actual, constructive |
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| or
attempted transfer of possession of a controlled substance, |
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HB1179 |
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LRB094 06611 RAS 36703 b |
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| with or
without consideration, whether or not there is an |
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| agency relationship.
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| (i) "Department" means the Illinois Department of Human |
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| Services (as
successor to the Department of Alcoholism and |
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| Substance Abuse) or its successor agency.
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| (j) "Department of State Police" means the Department of |
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| State
Police of the State of Illinois or its successor agency.
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| (k) "Department of Corrections" means the Department of |
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| Corrections
of the State of Illinois or its successor agency.
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| (l) "Department of Professional Regulation" means the |
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| Department
of Professional Regulation of the State of Illinois |
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| or its successor agency.
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| (m) "Depressant" or "stimulant substance" means:
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| (1) a drug which contains any quantity of (i) |
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| barbituric acid or
any of the salts of barbituric acid |
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| which has been designated as habit
forming under section |
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| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 |
18 |
| U.S.C. 352 (d)); or
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| (2) a drug which contains any quantity of (i) |
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| amphetamine or
methamphetamine and any of their optical |
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| isomers; (ii) any salt of
amphetamine or methamphetamine or |
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| any salt of an optical isomer of
amphetamine; or (iii) any |
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| substance which the Department, after
investigation, has |
24 |
| found to be, and by rule designated as, habit forming
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| because of its depressant or stimulant effect on the |
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| central nervous
system; or
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| (3) lysergic acid diethylamide; or
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| (4) any drug which contains any quantity of a substance |
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| which the
Department, after investigation, has found to |
30 |
| have, and by rule
designated as having, a potential for |
31 |
| abuse because of its depressant or
stimulant effect on the |
32 |
| central nervous system or its hallucinogenic
effect.
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| (n) (Blank).
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| (o) "Director" means the Director of the Department of |
35 |
| State Police or
the Department of Professional Regulation or |
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| his designated agents.
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HB1179 |
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LRB094 06611 RAS 36703 b |
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| (p) "Dispense" means to deliver a controlled substance to |
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| an
ultimate user or research subject by or pursuant to the |
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| lawful order of
a prescriber, including the prescribing, |
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| administering, packaging,
labeling, or compounding necessary |
5 |
| to prepare the substance for that
delivery.
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| (q) "Dispenser" means a practitioner who dispenses.
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| (r) "Distribute" means to deliver, other than by |
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| administering or
dispensing, a controlled substance.
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| (s) "Distributor" means a person who distributes.
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| (t) "Drug" means (1) substances recognized as drugs in the |
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| official
United States Pharmacopoeia, Official Homeopathic |
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| Pharmacopoeia of the
United States, or official National |
13 |
| Formulary, or any supplement to any
of them; (2) substances |
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| intended for use in diagnosis, cure, mitigation,
treatment, or |
15 |
| prevention of disease in man or animals; (3) substances
(other |
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| than food) intended to affect the structure of any function of
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| the body of man or animals and (4) substances intended for use |
18 |
| as a
component of any article specified in clause (1), (2), or |
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| (3) of this
subsection. It does not include devices or their |
20 |
| components, parts, or
accessories.
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| (t-5) "Euthanasia agency" means
an entity certified by the |
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| Department of Professional Regulation for the
purpose of animal |
23 |
| euthanasia that holds an animal control facility license or
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| animal
shelter license under the Animal Welfare Act. A |
25 |
| euthanasia agency is
authorized to purchase, store, possess, |
26 |
| and utilize Schedule II nonnarcotic and
Schedule III |
27 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
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| (t-10) "Euthanasia drugs" means Schedule II or Schedule III |
29 |
| substances
(nonnarcotic controlled substances) that are used |
30 |
| by a euthanasia agency for
the purpose of animal euthanasia.
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| (u) "Good faith" means the prescribing or dispensing of a |
32 |
| controlled
substance by a practitioner in the regular course of |
33 |
| professional
treatment to or for any person who is under his |
34 |
| treatment for a
pathology or condition other than that |
35 |
| individual's physical or
psychological dependence upon or |
36 |
| addiction to a controlled substance,
except as provided herein: |
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HB1179 |
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LRB094 06611 RAS 36703 b |
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| and application of the term to a pharmacist
shall mean the |
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| dispensing of a controlled substance pursuant to the
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| prescriber's order which in the professional judgment of the |
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| pharmacist
is lawful. The pharmacist shall be guided by |
5 |
| accepted professional
standards including, but not limited to |
6 |
| the following, in making the
judgment:
|
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| (1) lack of consistency of doctor-patient |
8 |
| relationship,
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9 |
| (2) frequency of prescriptions for same drug by one |
10 |
| prescriber for
large numbers of patients,
|
11 |
| (3) quantities beyond those normally prescribed,
|
12 |
| (4) unusual dosages,
|
13 |
| (5) unusual geographic distances between patient, |
14 |
| pharmacist and
prescriber,
|
15 |
| (6) consistent prescribing of habit-forming drugs.
|
16 |
| (u-1) "Home infusion services" means services provided by a |
17 |
| pharmacy in
compounding solutions for direct administration to |
18 |
| a patient in a private
residence, long-term care facility, or |
19 |
| hospice setting by means of parenteral,
intravenous, |
20 |
| intramuscular, subcutaneous, or intraspinal infusion.
|
21 |
| (v) "Immediate precursor" means a substance:
|
22 |
| (1) which the Department has found to be and by rule |
23 |
| designated as
being a principal compound used, or produced |
24 |
| primarily for use, in the
manufacture of a controlled |
25 |
| substance;
|
26 |
| (2) which is an immediate chemical intermediary used or |
27 |
| likely to
be used in the manufacture of such controlled |
28 |
| substance; and
|
29 |
| (3) the control of which is necessary to prevent, |
30 |
| curtail or limit
the manufacture of such controlled |
31 |
| substance.
|
32 |
| (w) "Instructional activities" means the acts of teaching, |
33 |
| educating
or instructing by practitioners using controlled |
34 |
| substances within
educational facilities approved by the State |
35 |
| Board of Education or
its successor agency.
|
36 |
| (x) "Local authorities" means a duly organized State, |
|
|
|
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1 |
| County or
Municipal peace unit or police force.
|
2 |
| (y) "Look-alike substance" means a substance, other than a |
3 |
| controlled
substance which (1) by overall dosage unit |
4 |
| appearance, including shape,
color, size, markings or lack |
5 |
| thereof, taste, consistency, or any other
identifying physical |
6 |
| characteristic of the substance, would lead a reasonable
person |
7 |
| to believe that the substance is a controlled substance, or (2) |
8 |
| is
expressly or impliedly represented to be a controlled |
9 |
| substance or is
distributed under circumstances which would |
10 |
| lead a reasonable person to
believe that the substance is a |
11 |
| controlled substance. For the purpose of
determining whether |
12 |
| the representations made or the circumstances of the
|
13 |
| distribution would lead a reasonable person to believe the |
14 |
| substance to be
a controlled substance under this clause (2) of |
15 |
| subsection (y), the court or
other authority may consider the |
16 |
| following factors in addition to any other
factor that may be |
17 |
| relevant:
|
18 |
| (a) statements made by the owner or person in control |
19 |
| of the substance
concerning its nature, use or effect;
|
20 |
| (b) statements made to the buyer or recipient that the |
21 |
| substance may
be resold for profit;
|
22 |
| (c) whether the substance is packaged in a manner |
23 |
| normally used for the
illegal distribution of controlled |
24 |
| substances;
|
25 |
| (d) whether the distribution or attempted distribution |
26 |
| included an
exchange of or demand for money or other |
27 |
| property as consideration, and
whether the amount of the |
28 |
| consideration was substantially greater than the
|
29 |
| reasonable retail market value of the substance.
|
30 |
| Clause (1) of this subsection (y) shall not apply to a |
31 |
| noncontrolled
substance in its finished dosage form that was |
32 |
| initially introduced into
commerce prior to the initial |
33 |
| introduction into commerce of a controlled
substance in its |
34 |
| finished dosage form which it may substantially resemble.
|
35 |
| Nothing in this subsection (y) prohibits the dispensing or |
36 |
| distributing
of noncontrolled substances by persons authorized |
|
|
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LRB094 06611 RAS 36703 b |
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|
1 |
| to dispense and
distribute controlled substances under this |
2 |
| Act, provided that such action
would be deemed to be carried |
3 |
| out in good faith under subsection (u) if the
substances |
4 |
| involved were controlled substances.
|
5 |
| Nothing in this subsection (y) or in this Act prohibits the |
6 |
| manufacture,
preparation, propagation, compounding, |
7 |
| processing, packaging, advertising
or distribution of a drug or |
8 |
| drugs by any person registered pursuant to
Section 510 of the |
9 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
|
10 |
| (y-1) "Mail-order pharmacy" means a pharmacy that is |
11 |
| located in a state
of the United States, other than Illinois, |
12 |
| that delivers, dispenses or
distributes, through the United |
13 |
| States Postal Service or other common
carrier, to Illinois |
14 |
| residents, any substance which requires a prescription.
|
15 |
| (z) "Manufacture" means the production, preparation, |
16 |
| propagation,
compounding, conversion or processing of a |
17 |
| controlled substance, either
directly or indirectly, by |
18 |
| extraction from substances of natural origin,
or independently |
19 |
| by means of chemical synthesis, or by a combination of
|
20 |
| extraction and chemical synthesis, and includes any packaging |
21 |
| or
repackaging of the substance or labeling of its container, |
22 |
| except that
this term does not include:
|
23 |
| (1) by an ultimate user, the preparation or compounding |
24 |
| of a
controlled substance for his own use; or
|
25 |
| (2) by a practitioner, or his authorized agent under |
26 |
| his
supervision, the preparation, compounding, packaging, |
27 |
| or labeling of a
controlled substance:
|
28 |
| (a) as an incident to his administering or |
29 |
| dispensing of a
controlled substance in the course of |
30 |
| his professional practice; or
|
31 |
| (b) as an incident to lawful research, teaching or |
32 |
| chemical
analysis and not for sale.
|
33 |
| (z-1) "Methamphetamine manufacturing chemical" means any |
34 |
| of the following
chemicals or substances containing any of the |
35 |
| following chemicals: benzyl
methyl ketone, ephedrine, methyl |
36 |
| benzyl ketone,
phenylacetone, phenyl-2-propanone, |
|
|
|
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| pseudoephedrine, or red
phosphorous or any of
the salts, |
2 |
| optical isomers, or
salts of optical isomers of the |
3 |
| above-listed chemicals.
|
4 |
| (aa) "Narcotic drug" means any of the following, whether |
5 |
| produced
directly or indirectly by extraction from substances |
6 |
| of natural origin,
or independently by means of chemical |
7 |
| synthesis, or by a combination of
extraction and chemical |
8 |
| synthesis:
|
9 |
| (1) opium and opiate, and any salt, compound, |
10 |
| derivative, or
preparation of opium or opiate;
|
11 |
| (2) any salt, compound, isomer, derivative, or |
12 |
| preparation thereof
which is chemically equivalent or |
13 |
| identical with any of the substances
referred to in clause |
14 |
| (1), but not including the isoquinoline alkaloids
of opium;
|
15 |
| (3) opium poppy and poppy straw;
|
16 |
| (4) coca leaves and any salts, compound, isomer, salt |
17 |
| of an isomer,
derivative, or preparation of coca leaves |
18 |
| including cocaine or ecgonine,
and any salt, compound, |
19 |
| isomer, derivative, or preparation thereof which is
|
20 |
| chemically equivalent or identical with any of these |
21 |
| substances, but not
including decocainized coca leaves or |
22 |
| extractions of coca leaves which do
not contain cocaine or |
23 |
| ecgonine (for the purpose of this paragraph, the
term |
24 |
| "isomer" includes optical, positional and geometric |
25 |
| isomers).
|
26 |
| (bb) "Nurse" means a registered nurse licensed under the
|
27 |
| Nursing and Advanced Practice Nursing Act.
|
28 |
| (cc) (Blank).
|
29 |
| (dd) "Opiate" means any substance having an addiction |
30 |
| forming or
addiction sustaining liability similar to morphine |
31 |
| or being capable of
conversion into a drug having addiction |
32 |
| forming or addiction sustaining
liability.
|
33 |
| (ee) "Opium poppy" means the plant of the species Papaver
|
34 |
| somniferum L., except its seeds.
|
35 |
| (ff) "Parole and Pardon Board" means the Parole and Pardon |
36 |
| Board of
the State of Illinois or its successor agency.
|
|
|
|
HB1179 |
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LRB094 06611 RAS 36703 b |
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|
1 |
| (gg) "Person" means any individual, corporation, |
2 |
| mail-order pharmacy,
government or governmental subdivision or |
3 |
| agency, business trust, estate,
trust, partnership or |
4 |
| association, or any other entity.
|
5 |
| (hh) "Pharmacist" means any person who holds a certificate |
6 |
| of
registration as a registered pharmacist, a local registered |
7 |
| pharmacist
or a registered assistant pharmacist under the |
8 |
| Pharmacy Practice Act of 1987.
|
9 |
| (ii) "Pharmacy" means any store, ship or other place in |
10 |
| which
pharmacy is authorized to be practiced under the Pharmacy |
11 |
| Practice Act of 1987.
|
12 |
| (jj) "Poppy straw" means all parts, except the seeds, of |
13 |
| the opium
poppy, after mowing.
|
14 |
| (kk) "Practitioner" means a physician licensed to practice |
15 |
| medicine in all
its branches, dentist, optometrist,
|
16 |
| podiatrist,
veterinarian, scientific investigator, pharmacist, |
17 |
| physician assistant,
advanced practice nurse,
licensed |
18 |
| practical
nurse, registered nurse, hospital, laboratory, or |
19 |
| pharmacy, or other
person licensed, registered, or otherwise |
20 |
| lawfully permitted by the
United States or this State to |
21 |
| distribute, dispense, conduct research
with respect to, |
22 |
| administer or use in teaching or chemical analysis, a
|
23 |
| controlled substance in the course of professional practice or |
24 |
| research.
|
25 |
| (ll) "Pre-printed prescription" means a written |
26 |
| prescription upon which
the designated drug has been indicated |
27 |
| prior to the time of issuance.
|
28 |
| (mm) "Prescriber" means a physician licensed to practice |
29 |
| medicine in all
its branches, dentist, optometrist,
|
30 |
| podiatrist , or
veterinarian who issues a prescription, a |
31 |
| physician assistant who
issues a
prescription for a Schedule |
32 |
| III, IV, or V controlled substance
in accordance
with Section |
33 |
| 303.05 and the written guidelines required under Section 7.5
of |
34 |
| the
Physician Assistant Practice Act of 1987, or an advanced |
35 |
| practice
nurse with prescriptive authority in accordance with |
36 |
| Section 303.05
and a written
collaborative agreement under |
|
|
|
HB1179 |
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LRB094 06611 RAS 36703 b |
|
|
1 |
| Sections 15-15 and 15-20 of
the Nursing and Advanced Practice |
2 |
| Nursing Act.
|
3 |
| (nn) "Prescription" means a lawful written, facsimile, or |
4 |
| verbal order
of
a physician licensed to practice medicine in |
5 |
| all its branches,
dentist, optometrist, podiatrist , or |
6 |
| veterinarian for any controlled
substance, of a physician |
7 |
| assistant for a Schedule III, IV, or V
controlled substance
in |
8 |
| accordance with Section 303.05 and the written guidelines |
9 |
| required under
Section 7.5 of the
Physician Assistant Practice |
10 |
| Act of 1987, or of an advanced practice
nurse who issues a |
11 |
| prescription for a Schedule III, IV, or V
controlled substance |
12 |
| in accordance
with
Section 303.05 and a written collaborative |
13 |
| agreement under Sections 15-15
and
15-20 of the Nursing and |
14 |
| Advanced Practice Nursing Act.
|
15 |
| (oo) "Production" or "produce" means manufacture, |
16 |
| planting,
cultivating, growing, or harvesting of a controlled |
17 |
| substance.
|
18 |
| (pp) "Registrant" means every person who is required to |
19 |
| register
under Section 302 of this Act.
|
20 |
| (qq) "Registry number" means the number assigned to each |
21 |
| person
authorized to handle controlled substances under the |
22 |
| laws of the United
States and of this State.
|
23 |
| (rr) "State" includes the State of Illinois and any state, |
24 |
| district,
commonwealth, territory, insular possession thereof, |
25 |
| and any area
subject to the legal authority of the United |
26 |
| States of America.
|
27 |
| (ss) "Ultimate user" means a person who lawfully possesses |
28 |
| a
controlled substance for his own use or for the use of a |
29 |
| member of his
household or for administering to an animal owned |
30 |
| by him or by a member
of his household.
|
31 |
| (Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03; |
32 |
| 93-626, eff. 12-23-03.)
|
33 |
| (720 ILCS 570/103) (from Ch. 56 1/2, par. 1103)
|
34 |
| Sec. 103. Scope of Act. Nothing in this Act limits the |
35 |
| lawful authority
granted by the
Medical Practice Act of 1987, |