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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short Title. This Act may be cited as the | ||||||||||||||||||||||||||||
5 | Naturopathic Medical Practice Act. | ||||||||||||||||||||||||||||
6 | Section 5. Purpose.
The practice of naturopathic medicine | ||||||||||||||||||||||||||||
7 | in the State of Illinois is declared to affect the public | ||||||||||||||||||||||||||||
8 | health, safety, and welfare and to be subject to regulation and | ||||||||||||||||||||||||||||
9 | control in the public interest. It is further declared to be a | ||||||||||||||||||||||||||||
10 | matter of public interest and concern that naturopathic | ||||||||||||||||||||||||||||
11 | physicians and the practice of naturopathic medicine, as | ||||||||||||||||||||||||||||
12 | defined in this Act, merit and receive the confidence of the | ||||||||||||||||||||||||||||
13 | public, that only qualified persons be authorized to practice | ||||||||||||||||||||||||||||
14 | naturopathic medicine in the State of Illinois, and that no | ||||||||||||||||||||||||||||
15 | person shall practice naturopathic medicine without a valid | ||||||||||||||||||||||||||||
16 | existing license to do so. The General Assembly recognizes that | ||||||||||||||||||||||||||||
17 | naturopathic physicians comprise a distinct health care | ||||||||||||||||||||||||||||
18 | profession that affects the public health, safety, and welfare | ||||||||||||||||||||||||||||
19 | and increases freedom of choice in health care. This Act shall | ||||||||||||||||||||||||||||
20 | be liberally construed to best carry out these subjects and | ||||||||||||||||||||||||||||
21 | purposes. | ||||||||||||||||||||||||||||
22 | Section 10. Definitions. In this Act:
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1 | "Approved naturopathic medical program" means any of the | ||||||
2 | following: | ||||||
3 | (1) a naturopathic medical education program | ||||||
4 | accredited by the United States Council on Naturopathic | ||||||
5 | Medical Education, or an equivalent federally recognized | ||||||
6 | accrediting body for the naturopathic medical profession | ||||||
7 | recognized by the Board, that offers graduate-level | ||||||
8 | full-time didactic and supervised clinical training | ||||||
9 | leading to the degree of Doctor of Naturopathy or Doctor of | ||||||
10 | Naturopathic Medicine and is part of an institution of | ||||||
11 | higher education that is either accredited or is a | ||||||
12 | candidate for accreditation by a regional institutional | ||||||
13 | accrediting agency recognized by the United States | ||||||
14 | Secretary of Education; | ||||||
15 | (2) a full-time structured program, offered prior to | ||||||
16 | the existence of the CNME, having been not less than 132 | ||||||
17 | weeks in duration and requiring completion within a period | ||||||
18 | of not less than 35 months, with a curriculum consisting of | ||||||
19 | basic sciences and supervised patient care comprising a | ||||||
20 | doctoral naturopathic medical education offered by a | ||||||
21 | degree-granting college or university that is reputable | ||||||
22 | and in good standing in the judgment of the Board, and, if | ||||||
23 | still in existence, with a current programmatic | ||||||
24 | accreditation by the CNME or a federally-recognized | ||||||
25 | equivalent accrediting agency; or | ||||||
26 | (3) a full-time structured program, offered prior to |
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1 | the existence of the CNME, having been not less than 132 | ||||||
2 | weeks in duration and requiring completion within a period | ||||||
3 | of not less than 35 months, with a curriculum consisting of | ||||||
4 | sciences and supervised patient care comprising a doctoral | ||||||
5 | naturopathic medical education offered by a | ||||||
6 | degree-granting college or university in Canada that is | ||||||
7 | reputable and in good standing in the judgment of the Board | ||||||
8 | and has provincial approval for participation in | ||||||
9 | government-funded student aid programs; such course, as a | ||||||
10 | prerequisite to graduation therefrom, and, if still in | ||||||
11 | existence, with a current programmatic accreditation by | ||||||
12 | the CNME or a federally-recognized equivalent accrediting | ||||||
13 | agency. | ||||||
14 | "Board" means the Board of Naturopathic Medicine appointed | ||||||
15 | by the Secretary. | ||||||
16 | "CNME" means the Council on Naturopathic Medical | ||||||
17 | Education. | ||||||
18 | "Committee" means the Naturopathic Childbirth Attendance | ||||||
19 | Advisory Committee.
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20 | "Council" means the Naturopathic Formulary Council | ||||||
21 | comprised of members appointed pursuant to this Act to | ||||||
22 | determine and authorize the formulary list. | ||||||
23 | "Department" means the Department of Financial and | ||||||
24 | Professional Regulation. | ||||||
25 | "Minor office procedures" means the methods used for the | ||||||
26 | repair of and provision of care incidental to superficial |
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1 | lacerations and abrasions or superficial lesions and the | ||||||
2 | removal of foreign bodies located in the superficial tissues. | ||||||
3 | "Naturopathic childbirth attendance" means the specialty | ||||||
4 | practice of natural childbirth by a naturopathic physician that | ||||||
5 | meets the additional requirements set forth in this Act, that | ||||||
6 | includes the management of normal pregnancy, normal labor and | ||||||
7 | delivery, and the normal postpartum period, including normal | ||||||
8 | newborn care. | ||||||
9 | "Naturopathic formulary" means the list of natural | ||||||
10 | medicines, nonprescription and prescription that naturopathic | ||||||
11 | physicians use in the practice of the profession, as determined | ||||||
12 | by the Council and reviewed by the Board.
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13 | "Naturopathic medicine" means a system of primary health | ||||||
14 | care for the prevention, diagnosis, and treatment of human | ||||||
15 | health conditions, injury, and disease; the promotion or | ||||||
16 | restoration of health; and the support and stimulation of a | ||||||
17 | patient's inherent self-healing processes through patient | ||||||
18 | education and the use of natural therapies and therapeutic | ||||||
19 | substances. | ||||||
20 | "Naturopathic physician" means a practitioner of | ||||||
21 | naturopathic medicine who has been properly licensed for that | ||||||
22 | purpose by the Department under this Act. "Naturopathic | ||||||
23 | physician" includes all titles and designations associated | ||||||
24 | with the practice of naturopathic medicine, including, "doctor | ||||||
25 | of naturopathic medicine", "doctor of naturopathy", | ||||||
26 | "naturopathic doctor", "naturopath", "doctor of naturopathic |
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1 | medicine", "doctor of naturopathy", "naturopathic medical | ||||||
2 | doctor", "N.D.", "ND", "N.M.D", and "NMD". | ||||||
3 | "Naturopathic residency" means a post-graduate medical | ||||||
4 | education program approved by the Council on Naturopathic | ||||||
5 | Medical Education, a subcommittee thereof, or an equivalent | ||||||
6 | agency, as recognized by the Board, that provides a structured | ||||||
7 | curriculum with diagnosis and management of patients under | ||||||
8 | appropriate levels of supervision for graduates of an approved | ||||||
9 | naturopathic medical program. | ||||||
10 | "Prescription drug" means any drug defined by Section | ||||||
11 | 503(b) of the federal Food, Drug and Cosmetic Act with a label | ||||||
12 | that is required to bear the statement "RX only". | ||||||
13 | "Secretary" means the Secretary of Financial and | ||||||
14 | Professional Regulation.
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15 | Section 15. Exemption from civil liability. Exemption from | ||||||
16 | civil liability for emergency care is as provided in the Good | ||||||
17 | Samaritan Act.
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18 | While serving upon any professional utilization committee, | ||||||
19 | professional review organization, peer review committee, | ||||||
20 | mediation committee, board of Secretaries considering matters | ||||||
21 | of peer review, or review committee sanctioned by the | ||||||
22 | profession, a person shall not be liable for civil damages as a | ||||||
23 | result of his or her acts, omissions, or decisions in | ||||||
24 | connection with his or her duties on such committees or boards, | ||||||
25 | except in cases involving willful or wanton misconduct.
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1 | Section 20. Exceptions.
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2 | (a) This Act does not prohibit or restrict any of the | ||||||
3 | following: | ||||||
4 | (1) Any person licensed to practice medicine in all of | ||||||
5 | its branches under the Medical Practice Act of 1987 who | ||||||
6 | engages in the practice for which he or she is licensed. | ||||||
7 | (2) The practice of a profession by individuals who are | ||||||
8 | licensed, certified, or registered under the laws of this | ||||||
9 | State who are performing services within their authorized | ||||||
10 | scope of practice.
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11 | (3) The practice of naturopathic medicine by an | ||||||
12 | individual employed by the government of the United States | ||||||
13 | while the individual is engaged in the performance of | ||||||
14 | duties prescribed by the laws and regulations of the United | ||||||
15 | States. | ||||||
16 | (4) The practice of naturopathic medicine by students | ||||||
17 | enrolled in an approved naturopathic medical college. The | ||||||
18 | performance of services shall be pursuant to a course of | ||||||
19 | instruction or assignments from an instructor and under the | ||||||
20 | supervision of the instructor, who shall be a naturopathic | ||||||
21 | physician licensed under this Act or a duly licensed | ||||||
22 | professional in the instructed field. | ||||||
23 | (5) Any person treating himself or herself or his or | ||||||
24 | her family members based on religious or health beliefs. | ||||||
25 | (6) Any person who sells vitamins and herbs who |
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1 | provides information about such products. | ||||||
2 | (7) Any person or practitioner advising in the use of a | ||||||
3 | therapy, including, but not limited to, herbal medicine, | ||||||
4 | homeopathy, nutrition, or other non-drug or non-surgical | ||||||
5 | therapy within the scope of practice of naturopathic | ||||||
6 | physicians as set forth in this Act, as long as such | ||||||
7 | therapy is within that individual's lawful rights, or, if a | ||||||
8 | licensed healthcare provider, within the legally defined | ||||||
9 | scope of practice as granted by the existing laws of this | ||||||
10 | State, and provided that such person is not using a title | ||||||
11 | protected under this Chapter or holding himself or herself | ||||||
12 | out to be a naturopathic physician. | ||||||
13 | (b) This Act shall not be construed to prohibit the | ||||||
14 | practice of naturopathic medicine by persons who are licensed | ||||||
15 | to practice naturopathic medicine in any other state or | ||||||
16 | district in the United States who enter this State to consult | ||||||
17 | with a naturopathic physician licensed under this Act; | ||||||
18 | provided, however, that the consultation is limited to | ||||||
19 | examination, recommendation, or testimony in litigation.
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20 | Section 25. Title and designation. | ||||||
21 | (a) Licensees shall use the title "naturopathic physician" | ||||||
22 | and the recognized abbreviation "N.D.". | ||||||
23 | (b) Naturopathic physicians shall have the exclusive right | ||||||
24 | to use the terms: "naturopathic physician", "naturopathic | ||||||
25 | doctor", "naturopath", "doctor of naturopathic medicine", |
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1 | "doctor of naturopathy", "naturopathic medical doctor", | ||||||
2 | "naturopathic medicine", "naturopathic health care", | ||||||
3 | "naturopathy", "N.D.", "ND", "N.M.D." and "NMD". | ||||||
4 | (c) No person shall represent himself or herself to the | ||||||
5 | public as a naturopathic physician, a doctor of naturopathic | ||||||
6 | medicine, a doctor of naturopathy, or as being otherwise | ||||||
7 | authorized to practice naturopathic medicine in this State | ||||||
8 | without first obtaining from the Department a license to | ||||||
9 | practice naturopathic medicine under this Act. | ||||||
10 | (d) The titles and designations set forth in this Section | ||||||
11 | identify naturopathic physicians and are restricted to | ||||||
12 | describing and identifying licensed practitioners.
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13 | Section 30. Powers and duties of the Department and the | ||||||
14 | Secretary.
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15 | (a) The Department shall exercise the powers and duties | ||||||
16 | prescribed by the Civil Administrative Code of Illinois for the | ||||||
17 | administration of licensing acts and shall exercise such other | ||||||
18 | powers and duties conferred by this Act. | ||||||
19 | (b) The Department may adopt rules consistent with the | ||||||
20 | provisions of this Act, for the administration and enforcement | ||||||
21 | thereof and may prescribe forms that shall be issued in | ||||||
22 | connection therewith. | ||||||
23 | (c) The Department shall adopt as the naturopathic | ||||||
24 | licensing examination the competency-based national | ||||||
25 | examination administered by the North American Board of |
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1 | Naturopathic Examiners, or a successor agency that has been | ||||||
2 | nationally recognized to administer a naturopathic examination | ||||||
3 | that represents federal standards of education and training. | ||||||
4 | (d) The Secretary shall consider the recommendations of the | ||||||
5 | Board on questions involving standards of professional | ||||||
6 | conduct, discipline, and qualifications of candidates and | ||||||
7 | licensees under this Act. | ||||||
8 | (e) The Department may, at any time, seek the expert advice | ||||||
9 | and knowledge of the Board on any matter relating to the | ||||||
10 | administration or enforcement of this Act. Notice of proposed | ||||||
11 | rulemaking shall be transmitted to the Board and the Department | ||||||
12 | shall review the response of the Board and any recommendations | ||||||
13 | made in response. | ||||||
14 | (f) The Secretary shall issue licenses, and renewals | ||||||
15 | thereof, to all persons who meet the qualifications for | ||||||
16 | licensure as determined by the Board.
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17 | (g) The Department shall establish rules for continuing | ||||||
18 | education as recommended by the Board. | ||||||
19 | (h) The Secretary shall consult the Board on matters | ||||||
20 | involving all of the following: | ||||||
21 | (1) The qualifications of candidates who apply for | ||||||
22 | licensure to practice naturopathic medicine in Illinois. | ||||||
23 | (2) The content of any clinical, practical, or | ||||||
24 | residency requirement. | ||||||
25 | (3) The content of rules and proposed rules governing | ||||||
26 | the practice of naturopathic medicine in Illinois. |
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1 | (4) The investigation of complaints from naturopathic | ||||||
2 | physicians and the public and the technical aspects of the | ||||||
3 | complaint; | ||||||
4 | (5) The requirements for issuance and renewal of | ||||||
5 | naturopathic medical licenses.
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6 | Section 35. Naturopathic Medical Licensing Board.
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7 | (a) There is hereby created the Naturopathic Medical | ||||||
8 | Licensing Board, which shall consist of 7 members appointed by | ||||||
9 | the Secretary, 5 of whom shall be licensed naturopathic | ||||||
10 | physicians who are in good standing in this State, are | ||||||
11 | residents of this State, and have been engaged in the practice | ||||||
12 | or instruction of naturopathic medicine for at least 3 years | ||||||
13 | and 2 of whom shall be residents of this State who are not, and | ||||||
14 | never have been, licensed health care practitioners and hold no | ||||||
15 | interest in naturopathic education, naturopathic business, or | ||||||
16 | naturopathic practice. | ||||||
17 | (b) The Secretary shall take into consideration | ||||||
18 | recommendations from the Illinois Association of Naturopathic | ||||||
19 | Physicians in determining the names of naturopathic physicians | ||||||
20 | eligible to serve on the Board. | ||||||
21 | (c) Members shall serve for terms of 4 years and shall | ||||||
22 | serve until a successor is appointed, except that, for the | ||||||
23 | purpose of staggering terms, the Secretary shall initially | ||||||
24 | appoint to the Board 3 members for terms of 4 years each, 2 | ||||||
25 | members for terms of 3 years each, and 2 members for terms of 2 |
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1 | years each.
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2 | (d) Appointments to fill vacancies shall be made in the | ||||||
3 | same manner as original appointments, for the unexpired portion | ||||||
4 | of the vacated term.
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5 | (e) The Secretary may remove any member of the Board for | ||||||
6 | cause prior to the expiration of the member's term. | ||||||
7 | (f) The Board, within 30 days after its appointment, and at | ||||||
8 | least annually thereafter, shall hold a meeting and elect a | ||||||
9 | chairperson and vice-chairperson. The Board may hold | ||||||
10 | additional meetings at the call of the chair or at the written | ||||||
11 | request of any 2 members of the Board. The Board may appoint | ||||||
12 | committees as it deems necessary to carry out its duties. | ||||||
13 | (g) A majority of the Board shall constitute a quorum. A | ||||||
14 | vacancy in the membership of the Board shall not impair the | ||||||
15 | right of the quorum to exercise the rights and perform all of | ||||||
16 | the duties of the Board. | ||||||
17 | (h) Members of the Board shall be immune from suit in any | ||||||
18 | action based upon any disciplinary proceedings or other | ||||||
19 | activities performed in good faith as members of the Board. | ||||||
20 | (i) The members of the Board shall each receive as | ||||||
21 | compensation a reasonable sum as determined by the Secretary | ||||||
22 | for each day actually engaged in the duties of office and all | ||||||
23 | legitimate and necessary expenses incurred in attending the | ||||||
24 | meetings of the Board.
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25 | Section 40. Duties of the Board.
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1 | (a) The Board may recommend such rules as are necessary to | ||||||
2 | carry out the purposes of this Act and recommend disciplinary | ||||||
3 | action as provided for under this Act. | ||||||
4 | (b) The Board shall determine the qualifications of persons | ||||||
5 | applying for licensure and define, by rule, the appropriate | ||||||
6 | scope of naturopathic medicine in this State, provided however, | ||||||
7 | that the scope of practice may not exceed that defined in this | ||||||
8 | Act. | ||||||
9 | (c) The Board shall review the content of rules and | ||||||
10 | proposed rules governing the practice of naturopathic medicine | ||||||
11 | in Illinois.
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12 | (d) The Board shall evaluate the content of any clinical, | ||||||
13 | practical, or residency requirement. | ||||||
14 | (e) The Board shall grant approval for naturopathic | ||||||
15 | childbirth attendance privileges to those licensees who apply, | ||||||
16 | provided that such applicants can document training and | ||||||
17 | experience equal to or greater than that required by the | ||||||
18 | Childbirth Attendance Advisory Committee. | ||||||
19 | (f) The Board shall establish, by rule, examination | ||||||
20 | standards, dates, and locations. | ||||||
21 | (g) The Board shall recommend the minimum amount and type | ||||||
22 | of continuing education to be required for each naturopathic | ||||||
23 | physician seeking licensure renewal.
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24 | Section 45. Naturopathic Formulary Council.
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25 | (a) There is hereby established a Naturopathic Formulary |
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1 | Council, separate and distinct from the Board, to be composed | ||||||
2 | of 5 members, 2 of whom shall be naturopathic physicians | ||||||
3 | licensed under this Act and appointed by the Board, 2 of whom | ||||||
4 | shall be pharmacists licensed under Illinois Pharmacy Practice | ||||||
5 | Act and appointed by the Board from a list of nominees provided | ||||||
6 | by the State Board of Pharmacy, and one of whom shall be a | ||||||
7 | physician licensed under the Medical Practice Act of 1987 and | ||||||
8 | appointed by the Board from a list of nominees provided by the | ||||||
9 | Medical Licensing Board. | ||||||
10 | (b) It shall be the duty of the Council to establish a | ||||||
11 | formulary for use by naturopathic physicians. Immediately upon | ||||||
12 | adoption or revision of the formulary, the Council shall | ||||||
13 | transmit the approved formulary to the Department and the | ||||||
14 | Department shall adopt the formulary by temporary rule. | ||||||
15 | (c) The formulary will be reviewed annually by the Council, | ||||||
16 | or at any time at the request of the Board. | ||||||
17 | (d) The formulary list may not go beyond the scope of | ||||||
18 | natural medicines, prescription substances and devices covered | ||||||
19 | by approved naturopathic education and training and existing | ||||||
20 | naturopathic formularies, or continuing education approved by | ||||||
21 | the Board. | ||||||
22 | (e) The naturopathic formulary shall not include medicines | ||||||
23 | and devices that are inconsistent with the training provided by | ||||||
24 | approved naturopathic medical programs. | ||||||
25 | (f) Nothing in this Act shall allow a naturopathic | ||||||
26 | physician to dispense, administer, or prescribe any legend drug |
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1 | or device as defined in the Illinois Controlled Substance Act, | ||||||
2 | unless such prescription drug or legend device is specifically | ||||||
3 | included in the naturopathic formulary.
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4 | Section 50. Naturopathic childbirth attendance.
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5 | (a) The Secretary shall establish a Naturopathic | ||||||
6 | Childbirth Attendance Advisory Committee to issue | ||||||
7 | recommendations concerning the practice of naturopathic | ||||||
8 | childbirth attendance based upon a review of naturopathic | ||||||
9 | medical education and training. The Committee shall be | ||||||
10 | comprised of 4 members, one of whom shall be a medical doctor | ||||||
11 | with a clinical specialty or board certification in obstetrics, | ||||||
12 | one of whom shall be a certified nurse midwife, and 2 of whom | ||||||
13 | shall be naturopathic physicians with clinical experience in | ||||||
14 | natural childbirth. | ||||||
15 | (b) The Committee shall review naturopathic education and | ||||||
16 | training and make specific recommendations to the Department | ||||||
17 | regarding the practice of naturopathic childbirth attendance | ||||||
18 | and qualifications for the practice of naturopathic childbirth | ||||||
19 | attendance. The Department shall adopt these recommendations | ||||||
20 | as rule for use in reviewing all naturopathic physician | ||||||
21 | applicants seeking privileges to perform naturopathic | ||||||
22 | childbirth attendance. | ||||||
23 | (c) A person must pass the North American Registry of | ||||||
24 | Midwives (NARM) examination, or an examination that is | ||||||
25 | determined by the Committee to be equivalent, to practice |
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1 | naturopathic childbirth attendance. | ||||||
2 | (d) The Committee shall make recommendations to the Board | ||||||
3 | concerning the practice of naturopathic childbirth attendance.
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4 | Section 55. Qualifications for licensure. | ||||||
5 | (a) Applicants for a license to practice naturopathic | ||||||
6 | medicine under this Act must submit the following to the Board: | ||||||
7 | (1) an application for licensure designed and approved | ||||||
8 | by the Department; | ||||||
9 | (2) an application fee established by the Department; | ||||||
10 | (3) documentation attesting to the applicant's good, | ||||||
11 | ethical, and professional reputation; | ||||||
12 | (4) evidence that the applicant is a graduate of an | ||||||
13 | approved naturopathic medical program, in accordance with | ||||||
14 | the requirements of this Act, and that he or she has | ||||||
15 | successfully passed a competency-based national | ||||||
16 | naturopathic licensing examination administered by the | ||||||
17 | North American Board of Naturopathic Examiners or an | ||||||
18 | equivalent agency, as recognized by the Board; and | ||||||
19 | (5) in the case of persons who graduated from a | ||||||
20 | degree-granting approved naturopathic medical program | ||||||
21 | prior to 1986, and in lieu of passage of a national | ||||||
22 | licensing examination, evidence of successful passage of a | ||||||
23 | State competency examination or a Canadian provincial | ||||||
24 | examination approved by the Board. | ||||||
25 | (b) The Department shall adopt rules instituting a |
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1 | naturopathic medicine residency program of no less than one | ||||||
2 | year post-doctoral duration with medical schools, teaching | ||||||
3 | hospitals, clinics, and private practices. These rules shall be | ||||||
4 | consistent with the residency standards of the CNME. The Board | ||||||
5 | shall recommend the time upon which residency shall become a | ||||||
6 | prerequisite for licensure, and this recommendation shall | ||||||
7 | include an assessment of the availability of an adequate number | ||||||
8 | of CNME-approved residencies. The Department shall implement a | ||||||
9 | mandatory residency program within a reasonable amount of time | ||||||
10 | after the effective date of this Act and shall present a | ||||||
11 | progress report to the Department on or before October 1, 2008.
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12 | Section 60. Scope of practice.
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13 | (a) A naturopathic physician may order and perform physical | ||||||
14 | and laboratory examinations consistent with naturopathic | ||||||
15 | education and training, for diagnostic purposes, including, | ||||||
16 | but not limited to, phlebotomy, clinical laboratory tests, | ||||||
17 | orificial examinations, and physiological function tests. | ||||||
18 | (b) A naturopathic physician may order diagnostic imaging | ||||||
19 | studies consistent with naturopathic training. | ||||||
20 | (c) A naturopathic physician may dispense, administer, | ||||||
21 | order, and prescribe or perform any of the following: | ||||||
22 | (1) Food, extracts of food, nutraceuticals, vitamins, | ||||||
23 | amino acids, minerals, enzymes, botanicals and their | ||||||
24 | extracts, botanical medicines, homeopathic medicines, all | ||||||
25 | dietary supplements, and nonprescription drugs, as defined |
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1 | by the federal Food, Drug, and Cosmetic Act. | ||||||
2 | (2) Prescription substances as determined by the | ||||||
3 | Naturopathic Formulary Council. | ||||||
4 | (3) Hot or cold hydrotherapy, naturopathic physical | ||||||
5 | medicine, electromagnetic energy, colon hydrotherapy, and | ||||||
6 | therapeutic exercise. | ||||||
7 | (4) Devices, including, but not limited to, | ||||||
8 | therapeutic devices, barrier contraception, and durable | ||||||
9 | medical equipment.
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10 | (5) Health education and health counseling. | ||||||
11 | (6) Repair and care incidental to superficial | ||||||
12 | lacerations and abrasions. | ||||||
13 | (7) Removal of foreign bodies located in the | ||||||
14 | superficial tissues. | ||||||
15 | (8) Musculoskeletal manipulation consistent with | ||||||
16 | naturopathic education and training, not to exceed level 4 | ||||||
17 | high velocity manipulation. | ||||||
18 | (d) A naturopathic physician may utilize routes of | ||||||
19 | administration that include oral, nasal, auricular, ocular, | ||||||
20 | rectal, vaginal, transdermal, intradermal, subcutaneous, | ||||||
21 | intravenous, and intramuscular and are consistent with the | ||||||
22 | education and training of a naturopathic physician. | ||||||
23 | (e) A naturopathic physician may perform those therapies in | ||||||
24 | which he or she is trained and educated, and are approved by | ||||||
25 | the Board.
|
| |||||||
| |||||||
1 | Section 65. Prohibitions. A naturopathic physician | ||||||
2 | licensed under this Act may not do any of the following: | ||||||
3 |
(1) Prescribe, dispense, or administer any controlled | ||||||
4 | substance or device identified in the federal Controlled | ||||||
5 | Substance Act, as amended, except as authorized by this | ||||||
6 | Act. | ||||||
7 | (2) Perform surgical procedures other than those minor | ||||||
8 | office procedures authorized by this Act. | ||||||
9 | (3) Practice or claim to practice as a medical doctor, | ||||||
10 | osteopath, dentist, podiatrist, optometrist, psychologist, | ||||||
11 | advanced practice professional nurse, physician assistant, | ||||||
12 | chiropractor, physical therapist, acupuncturist, or any | ||||||
13 | other health care professional not authorized under this | ||||||
14 | Act, unless licensed to do so. | ||||||
15 | (4) Use general or spinal anesthetics. | ||||||
16 | (5) Administer ionizing radioactive substances for | ||||||
17 | therapeutic purposes. | ||||||
18 | (6) Perform surgical procedures using a laser device. | ||||||
19 | (7) Perform surgical procedures involving the eye, | ||||||
20 | ear, tendons, nerves, veins, or arteries extending beyond | ||||||
21 | superficial tissue. | ||||||
22 | (8) Induce or perform abortions. | ||||||
23 | (9) Treat any lesion suspicious of malignancy or | ||||||
24 | requiring surgical removal. Lesions suspicious of | ||||||
25 | malignancy or requiring surgical removal shall be referred | ||||||
26 | to an appropriately licensed health care professional. |
| |||||||
| |||||||
1 | Nothing in this Act shall prohibit treatment of a person | ||||||
2 | with suspicious or malignant lesions in collaboration with | ||||||
3 | a physician licensed to practice medicine in all of its | ||||||
4 | branches. | ||||||
5 | (10) Perform acupuncture, unless licensed as an | ||||||
6 | acupuncturist, as defined in the Illinois Acupuncture | ||||||
7 | Practice Act.
| ||||||
8 | Section 70. Licensure without additional examination. The | ||||||
9 | Department may issue a license without additional examination | ||||||
10 | to any applicant who submits an application for licensure, | ||||||
11 | together with the appropriate fee, and proof acceptable to the | ||||||
12 | Department of current licensure in good standing in another | ||||||
13 | state, the District of Columbia, or a territory of the United | ||||||
14 | States whose standards for licensure are at least equivalent to | ||||||
15 | those of this State. | ||||||
16 | Any applicant seeking a license without additional | ||||||
17 | examination under this Section shall provide proof of licensure | ||||||
18 | in good standing in all states in which he or she is licensed.
| ||||||
19 | Section 75. License expiration; renewal. The expiration | ||||||
20 | date and renewal period for each license issued under this Act | ||||||
21 | shall be set by rule. The Department shall adopt rules for | ||||||
22 | continuing education required for the renewal of licenses. | ||||||
23 | Section 80. Fees. The fees assessed under this Act shall be |
| |||||||
| |||||||
1 | determined by rule. All fees and fines collected under this Act | ||||||
2 | shall be deposited into the General Professions Dedicated Fund. | ||||||
3 | All moneys in the Fund shall be used by the Department, as | ||||||
4 | appropriated, for the ordinary and contingent expenses of the | ||||||
5 | Department. | ||||||
6 | Section 85. Mandated reporting. | ||||||
7 | (a) The following persons shall report to the Department, | ||||||
8 | in writing and within 30 days after becoming aware of such | ||||||
9 | information, any information that the person has reason to | ||||||
10 | believe indicates that a naturopathic physician is or may be | ||||||
11 | medically or legally incompetent, engaged in the unauthorized | ||||||
12 | practice of naturopathic medicine, guilty of unprofessional | ||||||
13 | conduct, or mentally or physically unable to engage safely in | ||||||
14 | the practice of naturopathic medicine: | ||||||
15 | (1) naturopathic physicians licensed under this Act; | ||||||
16 | (2) licensed health care providers;
| ||||||
17 | (3) employees of licensed health care institutions in | ||||||
18 | the State; | ||||||
19 | (4) State agency employees; and | ||||||
20 | (5) State law enforcement personnel. | ||||||
21 | (b) A naturopathic physician's voluntary resignation from | ||||||
22 | the staff of a health care institution, voluntary limitation of | ||||||
23 | staff privileges, or failure to reapply for hospital privileges | ||||||
24 | at such an institution, shall be promptly reported to the | ||||||
25 | Department by the health care institution and the licensee, if |
| |||||||
| |||||||
1 | such action occurs while the licensee is under investigation by | ||||||
2 | the institution or a committee thereof for any reason related | ||||||
3 | to possible medical incompetence, unprofessional conduct, or | ||||||
4 | mental or physical impairment. | ||||||
5 | (c) Upon receiving a credible complaint or report | ||||||
6 | concerning a licensee, or on its own motion, the Department may | ||||||
7 | investigate any evidence of a licensee's medical incompetence, | ||||||
8 | unprofessional conduct, or inability to engage safely in the | ||||||
9 | practice of medicine due to mental or physical illness. | ||||||
10 | (d) Any person, institution, agency, or organization | ||||||
11 | required to report under this Section who does so in good faith | ||||||
12 | shall not be subject to civil damages or criminal prosecution | ||||||
13 | for so reporting. | ||||||
14 | (e) Within 10 days after receipt of a report mandated under | ||||||
15 | this Section, the Secretary shall acknowledge receipt of all | ||||||
16 | reports and any complaint against a licensee submitted to the | ||||||
17 | Department. Within 10 days thereafter, the Secretary shall | ||||||
18 | inform any person or entity whose report or complaint has | ||||||
19 | resulted in action by the Department, of the final disposition | ||||||
20 | of the matter. | ||||||
21 | (f) Any person or entity who fails to make a report as | ||||||
22 | mandated under this Section may be assessed by the Secretary, | ||||||
23 | in his or her discretion and after consultation with the Board, | ||||||
24 | a civil penalty. Assessment of a civil penalty pursuant to this | ||||||
25 | subsection (f) shall be supported by substantial evidence and | ||||||
26 | may be appealed to the circuit court. On appeal, the circuit |
| |||||||
| |||||||
1 | court may receive any relevant evidence supporting or opposing | ||||||
2 | the assessment and may affirm or reverse the Secretary's | ||||||
3 | decision.
| ||||||
4 | Section 90. Refusal of licensure. | ||||||
5 | (a) The Department may refuse to issue or renew a license | ||||||
6 | on any of the following grounds: | ||||||
7 | (1) The conviction of a felony, a criminal conviction | ||||||
8 | record, or a pending criminal charge relating to an | ||||||
9 | offense, the circumstances of which substantially relate | ||||||
10 | to the practice of naturopathic medicine. | ||||||
11 | (2) Impairment related to drugs or alcohol that would | ||||||
12 | limit an applicant's ability to undertake the practice of | ||||||
13 | naturopathic medicine in a manner consistent with the | ||||||
14 | safety of the public. | ||||||
15 | (3) Mental incompetence that impairs an applicant's | ||||||
16 | ability to undertake the practice of naturopathic medicine | ||||||
17 | in a manner consistent with the safety of the public, as | ||||||
18 | determined by a physician.
| ||||||
19 | (b) The Department shall not reinstate the license of a | ||||||
20 | naturopathic physician until such time as the Department is | ||||||
21 | satisfied that such person has complied with all the terms and | ||||||
22 | conditions set forth in the final order and that such person is | ||||||
23 | capable of safely engaging in the practice of naturopathic | ||||||
24 | medicine.
|
| |||||||
| |||||||
1 | Section 95. Disciplinary action. The following acts | ||||||
2 | constitute grounds for denial of a license or disciplinary | ||||||
3 | action: | ||||||
4 | (1) Attempting to obtain, obtaining, or renewing a | ||||||
5 | license to practice naturopathic medicine by bribery, or by | ||||||
6 | fraudulent misrepresentation. | ||||||
7 | (2) Having a license to practice naturopathic medicine | ||||||
8 | revoked, suspended, or otherwise acted against, including | ||||||
9 | the denial of licensure, by the licensing authority of | ||||||
10 | another state, territory, or country. | ||||||
11 | (3) Being convicted or found guilty, regardless of | ||||||
12 | adjudication, of a crime in any jurisdiction which directly | ||||||
13 | relates to the practice of naturopathic medicine or to the | ||||||
14 | ability to practice naturopathic medicine. Any plea of nolo | ||||||
15 | contendere shall be considered a conviction for purposes of | ||||||
16 | this Act. | ||||||
17 | (4) False, deceptive, or misleading advertising. | ||||||
18 | (5) Advertising, practicing, or attempting to practice | ||||||
19 | under a name other than one's own. | ||||||
20 | (6) Aiding, assisting, procuring, or advising any | ||||||
21 | unlicensed person to practice naturopathic medicine | ||||||
22 | contrary to this Act or a rule of the Department or the | ||||||
23 | Board. | ||||||
24 | (7) Making or filing a report which the licensee knows | ||||||
25 | to be false, intentionally or negligently failing to file a | ||||||
26 | report or record required by State or federal law, or |
| |||||||
| |||||||
1 | willfully impeding or obstructing such filing or inducing | ||||||
2 | another person to do so. Such reports or records shall | ||||||
3 | include only those which are signed in the capacity as a | ||||||
4 | licensed naturopathic physician. | ||||||
5 | (8) Paying or receiving any commission, bonus, | ||||||
6 | kickback, or rebate, or engaging in any split-fee | ||||||
7 | arrangement in any form whatsoever with a physician, | ||||||
8 | organization, agency, or person, either directly or | ||||||
9 | indirectly, for patients referred to providers of health | ||||||
10 | care goods and services, including, but not limited to, | ||||||
11 | hospitals, nursing homes, clinical laboratories, | ||||||
12 | ambulatory surgical centers, or pharmacies. The provisions | ||||||
13 | of this paragraph shall not be construed to prevent a | ||||||
14 | doctor of naturopathic medicine or naturopathic physician | ||||||
15 | from receiving a fee for professional consultation | ||||||
16 | services. | ||||||
17 | (9) Exercising influence within a patient-physician | ||||||
18 | relationship for the purposes of engaging a patient in | ||||||
19 | sexual activity. A patient shall be presumed to be | ||||||
20 | incapable of giving free, full, and informed consent to | ||||||
21 | sexual activity with her or his naturopathic physician.
| ||||||
22 | (10) Failing to keep written medical records | ||||||
23 | justifying the course of treatment of the patient, | ||||||
24 | including, but not limited to, patient histories, | ||||||
25 | examination results, test results, imaging results, and | ||||||
26 | records of the prescribing, dispensing, and administering |
| |||||||
| |||||||
1 | of drugs. | ||||||
2 | (11) Gross or repeated malpractice or the failure to | ||||||
3 | practice naturopathic medicine with that level of care, | ||||||
4 | skill, and treatment that is recognized by a reasonably | ||||||
5 | prudent similarly situated naturopathic physician as being | ||||||
6 | acceptable under similar conditions and circumstances. | ||||||
7 | (12) Delegating professional responsibilities to a | ||||||
8 | person while knowing or having reason to know that the | ||||||
9 | person is not qualified by training, experience, or | ||||||
10 | licensure to perform such responsibilities. | ||||||
11 | (13) Violating any provision of this Act or any rules | ||||||
12 | adopted pursuant to this Act. | ||||||
13 | (14) Selling, fraudulently obtaining, or furnishing | ||||||
14 | any naturopathic diploma, license, record, or registration | ||||||
15 | or aiding or abetting in the same. | ||||||
16 | (15) Practicing naturopathic medicine under the cover | ||||||
17 | of any diploma, license, record, or registration illegally | ||||||
18 | or fraudulently obtained or secured or issued unlawfully or | ||||||
19 | upon fraudulent representations. | ||||||
20 | (16) Advertising the practice of naturopathic medicine | ||||||
21 | under a name other than one's own or under an assumed name. | ||||||
22 | (17) Falsely impersonating another practitioner of a | ||||||
23 | like or different name. | ||||||
24 | (18) Practicing or advertising the practice of | ||||||
25 | naturopathic medicine or using in connection with one's own | ||||||
26 | name any designation tending to imply or to designate a |
| |||||||
| |||||||
1 | person as a practitioner of naturopathic medicine without | ||||||
2 | then being lawfully licensed and authorized to practice | ||||||
3 | naturopathic medicine in this State. | ||||||
4 | (19) Practicing naturopathic medicine under a | ||||||
5 | suspended or revoked license.
| ||||||
6 | Section 100. Returned checks; fines. Any person who | ||||||
7 | delivers a check or other payment to the Department that is | ||||||
8 | returned to the Department unpaid by the financial institution | ||||||
9 | upon which it is drawn shall pay to the Department, in addition | ||||||
10 | to the amount already owed to the Department, a fine of $50. | ||||||
11 | The fines imposed by this Section are in addition to any other | ||||||
12 | discipline provided under this Act for unlicensed practice or | ||||||
13 | practice on a nonrenewed license. The Department shall notify | ||||||
14 | the person that fees and fines shall be paid to the Department | ||||||
15 | by certified check or money order within 30 calendar days of | ||||||
16 | the notification. If, after the expiration of 30 days from the | ||||||
17 | date of the notification, the person has failed to submit the | ||||||
18 | necessary remittance, the Department shall automatically | ||||||
19 | terminate the license or deny the application, without hearing. | ||||||
20 | If, after termination or denial, the person seeks a license, he | ||||||
21 | or she shall apply to the Department for restoration or | ||||||
22 | issuance of the license and pay all fees and fines due to the | ||||||
23 | Department. The Department may establish a fee for the | ||||||
24 | processing of an application for restoration of a license to | ||||||
25 | defray all expenses of processing the application. The |
| |||||||
| |||||||
1 | Secretary may waive the fines due under this Section in | ||||||
2 | individual cases where the Secretary finds that the fines would | ||||||
3 | be unreasonable or unnecessarily burdensome. | ||||||
4 | Section 105. Injunctions; cease and desist orders.
| ||||||
5 | (a) If any person violates any provision of this Act, the | ||||||
6 | Secretary may, in the name of the People of the State of | ||||||
7 | Illinois, through the Attorney General of the State of Illinois | ||||||
8 | or the State's Attorney of any county in which the action is | ||||||
9 | brought, petition for an order enjoining the violation or for | ||||||
10 | an order enforcing compliance with this Act. Upon the filing of | ||||||
11 | a verified petition in court, the court may issue a temporary | ||||||
12 | restraining order, without notice or bond, and may | ||||||
13 | preliminarily and permanently enjoin the violation. If it is | ||||||
14 | established that the person has violated or is violating the | ||||||
15 | injunction, the Court may punish the offender for contempt of | ||||||
16 | court. Proceedings under this Section shall be in addition to, | ||||||
17 | and not in lieu of, all other remedies and penalties provided | ||||||
18 | by this Act. | ||||||
19 | (b) If any person practices as a naturopathic physician or | ||||||
20 | holds himself or herself out as a naturopathic physician | ||||||
21 | without being licensed under the provisions of this Act then | ||||||
22 | any licensed naturopathic physician, any interested party, or | ||||||
23 | any person injured thereby may, in addition to the Secretary, | ||||||
24 | petition for relief as provided in subsection (a) of this | ||||||
25 | Section. |
| |||||||
| |||||||
1 | (c) Whenever in the opinion of the Department any person | ||||||
2 | violates any provision of this Act, the Department may issue a | ||||||
3 | rule to show cause why an order to cease and desist should not | ||||||
4 | be entered against that person. The rule shall clearly set | ||||||
5 | forth the grounds relied upon by the Department and shall | ||||||
6 | provide a period of 7 days after the date of the rule to file an | ||||||
7 | answer to the satisfaction of the Department. Failure to answer | ||||||
8 | to the satisfaction of the Department shall cause an order to | ||||||
9 | cease and desist to be issued immediately.
| ||||||
10 | Section 110. Violation; penalty. Whoever knowingly | ||||||
11 | practices or offers to practice naturopathic medicine in this | ||||||
12 | State without being licensed for that purpose shall be guilty | ||||||
13 | of a Class A misdemeanor. | ||||||
14 | Section 115. Investigation; notice; hearing. The | ||||||
15 | Department may investigate the actions of any applicant or of | ||||||
16 | any person or persons holding or claiming to hold a license. | ||||||
17 | Before refusing to issue, refusing to renew, or taking any | ||||||
18 | disciplinary action regarding a license, the Department shall, | ||||||
19 | at least 30 days prior to the date set for the hearing, notify | ||||||
20 | in writing the applicant for, or holder of, a license of the | ||||||
21 | nature of any charges and that a hearing will be held on a date | ||||||
22 | designated. The Department shall direct the applicant or | ||||||
23 | licensee to file a written answer with the Committee under oath | ||||||
24 | within 20 days after the service of the notice and inform the |
| |||||||
| |||||||
1 | applicant or licensee that failure to file an answer shall | ||||||
2 | result in default being taken against the applicant or licensee | ||||||
3 | and that the license may be suspended, revoked, or placed on | ||||||
4 | probationary status, or that other disciplinary action may be | ||||||
5 | taken, including limiting the scope, nature, or extent of | ||||||
6 | practice, as the Secretary may deem proper. Written notice may | ||||||
7 | be served by personal delivery or certified or registered mail | ||||||
8 | to the respondent at the address of his or her last | ||||||
9 | notification to the Department. If the person fails to file an | ||||||
10 | answer after receiving notice, his or her license may, in the | ||||||
11 | discretion of the Department, be suspended, revoked, or placed | ||||||
12 | on probationary status, or the Department may take any | ||||||
13 | disciplinary action deemed proper, including limiting the | ||||||
14 | scope, nature, or extent of the person's practice or the | ||||||
15 | imposition of a fine, without a hearing, if the act or acts | ||||||
16 | charged constitute sufficient grounds for such action under | ||||||
17 | this Act. At the time and place fixed in the notice, the | ||||||
18 | Committee shall proceed to hear the charges and the parties or | ||||||
19 | their counsel shall be accorded ample opportunity to present | ||||||
20 | such statements, testimony, evidence and argument as may be | ||||||
21 | pertinent to the charges or to their defense. The Committee may | ||||||
22 | continue a hearing from time to time. | ||||||
23 | Section 120. Formal hearing; preservation of record. The | ||||||
24 | Department, at its expense, shall preserve a record of all | ||||||
25 | proceedings at the formal hearing of any case. The notice of |
| |||||||
| |||||||
1 | hearing, complaint, and all other documents in the nature of | ||||||
2 | pleadings and written motions filed in the proceedings, the | ||||||
3 | transcript of testimony, the report of the Committee or hearing | ||||||
4 | officer, and order of the Department shall be the record of the | ||||||
5 | proceeding. The Department shall furnish a transcript of the | ||||||
6 | record to any person interested in the hearing upon payment of | ||||||
7 | the fee required under Section 2105-115 of the Department of | ||||||
8 | Professional Regulation Law (20 ILCS 2105/2105-115). | ||||||
9 | Section 125. Witnesses; production of documents; contempt.
| ||||||
10 | Any circuit court may, upon application of the Department or | ||||||
11 | its designee or of the applicant or licensee against whom | ||||||
12 | proceedings under Section 95 of this Act are pending, enter an | ||||||
13 | order requiring the attendance of witnesses and their testimony | ||||||
14 | and the production of documents, papers, files, books, and | ||||||
15 | records in connection with any hearing or investigation. The | ||||||
16 | court may compel obedience to its order by proceedings for | ||||||
17 | contempt. | ||||||
18 | Section 130. Subpoena; oaths. The Department shall have | ||||||
19 | power to subpoena and bring before it any person in this State | ||||||
20 | and to take testimony either orally or by deposition or both | ||||||
21 | with the same fees and mileage and in the same manner as | ||||||
22 | prescribed in civil cases in circuit courts of this State. | ||||||
23 | The Secretary, the designated hearing officer, and every | ||||||
24 | member of the Committee has power to administer oaths to |
| |||||||
| |||||||
1 | witnesses at any hearing that the Department is authorized to | ||||||
2 | conduct and any other oaths authorized in any Act administered | ||||||
3 | by the Department. Any circuit court may, upon application of | ||||||
4 | the Department or its designee or upon application of the | ||||||
5 | person against whom proceedings under this Act are pending, | ||||||
6 | enter an order requiring the attendance of witnesses and their | ||||||
7 | testimony, and the production of documents, papers, files, | ||||||
8 | books and records in connection with any hearing or | ||||||
9 | investigation. The court may compel obedience to its order by | ||||||
10 | proceedings for contempt.
| ||||||
11 | Section 135. Findings of facts, conclusions of law, and | ||||||
12 | recommendations. At the conclusion of the hearing the | ||||||
13 | Committee shall present to the Secretary a written report of | ||||||
14 | its findings of fact, conclusions of law, and recommendations. | ||||||
15 | The report shall contain a finding whether or not the accused | ||||||
16 | person violated this Act or failed to comply with the | ||||||
17 | conditions required in this Act. The Committee shall specify | ||||||
18 | the nature of the violation or failure to comply and shall make | ||||||
19 | its recommendations to the Secretary. | ||||||
20 |
The report of findings of fact, conclusions of law, and | ||||||
21 | recommendations of the Committee shall be the basis for the | ||||||
22 | Department's order. If the Secretary disagrees in any regard | ||||||
23 | with the report of the Committee, the Secretary may issue an | ||||||
24 | order in contravention of the report. The finding is not | ||||||
25 | admissible in evidence against the person in a criminal |
| |||||||
| |||||||
1 | prosecution brought for the violation of this Act, but the | ||||||
2 | hearing and findings are not a bar to a criminal prosecution | ||||||
3 | brought for the violation of this Act.
| ||||||
4 | Section 140. Hearing officer. The Secretary shall have the | ||||||
5 | authority to appoint any attorney duly licensed to practice law | ||||||
6 | in the State of Illinois to serve as the hearing officer in any | ||||||
7 | action for Departmental refusal to issue, renew, or license an | ||||||
8 | applicant, or disciplinary action against a licensee. The | ||||||
9 | hearing officer shall have full authority to conduct the | ||||||
10 | hearing. The hearing officer shall report his or her findings | ||||||
11 | of fact, conclusions of law, and recommendations to the | ||||||
12 | Committee and the Secretary. The Committee shall have 60 | ||||||
13 | calendar days from receipt of the report to review the report | ||||||
14 | of the hearing officer and present its findings of fact, | ||||||
15 | conclusions of law, and recommendations to the Secretary. If | ||||||
16 | the Committee fails to present its report within the 60 | ||||||
17 | calendar day period, the Secretary may issue an order based on | ||||||
18 | the report of the hearing officer. If the Secretary disagrees | ||||||
19 | with the recommendation of the Committee or hearing officer, he | ||||||
20 | or she may issue an order in contravention of that | ||||||
21 | recommendation. | ||||||
22 | Section 145. Service of report; rehearing; order. In any | ||||||
23 | case involving the discipline of a license, a copy of the | ||||||
24 | Committee's report shall be served upon the respondent by the |
| |||||||
| |||||||
1 | Department, either personally or as provided in this Act for | ||||||
2 | the service of the notice of hearing. Within 20 days after the | ||||||
3 | service, the respondent may present to the Department a motion | ||||||
4 | in writing for a rehearing that shall specify the particular | ||||||
5 | grounds for rehearing. If no motion for rehearing is filed, | ||||||
6 | then upon the expiration of the time specified for filing a | ||||||
7 | motion, or if a motion for rehearing is denied, then upon the | ||||||
8 | denial the Secretary may enter an order in accordance with this | ||||||
9 | Act. If the respondent orders from the reporting service and | ||||||
10 | pays for a transcript of the record within the time for filing | ||||||
11 | a motion for rehearing, the 20 calendar day period within which | ||||||
12 | the motion may be filed shall commence upon the delivery of the | ||||||
13 | transcript to the respondent. | ||||||
14 | Section 150. Substantial justice to be done; rehearing.
| ||||||
15 | Whenever the Secretary is satisfied that substantial justice | ||||||
16 | has not been done in the revocation, suspension, or refusal to | ||||||
17 | issue or renew a license, the Secretary may order a rehearing | ||||||
18 | by the same or another hearing officer or by the Committee. | ||||||
19 | Section 155. Order or certified copy as prima facie proof.
| ||||||
20 | An order or a certified copy thereof, over the seal of the | ||||||
21 | Department and purporting to be signed by the Secretary, shall | ||||||
22 | be prima facie proof: | ||||||
23 | (a) that the signature is the genuine signature of the | ||||||
24 | Secretary;
|
| |||||||
| |||||||
1 | (b) that such Secretary is duly appointed and qualified; | ||||||
2 | (c) that the Committee and its members are qualified to | ||||||
3 | act.
| ||||||
4 | Section 160. Restoration of license. At any time after the | ||||||
5 | suspension or revocation of any license the Department may | ||||||
6 | restore the license to the accused person, unless after an | ||||||
7 | investigation and a hearing the Department determines that | ||||||
8 | restoration is not in the public interest. | ||||||
9 | Section 165. Surrender of license. Upon the revocation or | ||||||
10 | suspension of any license, the licensee shall immediately | ||||||
11 | surrender the license to the Department. If the licensee fails | ||||||
12 | to do so, the Department shall have the right to seize the | ||||||
13 | license. | ||||||
14 | Section 170. Imminent danger to public; summary | ||||||
15 | suspension. The Secretary may summarily suspend the license of | ||||||
16 | a naturopathic physician without a hearing, simultaneously | ||||||
17 | with the institution of proceedings for a hearing provided for | ||||||
18 | in this Act, if the Secretary finds that evidence in his or her | ||||||
19 | possession indicates that continuation in practice would | ||||||
20 | constitute an imminent danger to the public. In the event that | ||||||
21 | the Secretary summarily suspends a license without a hearing, a | ||||||
22 | hearing by the Department must be held within 30 days after the | ||||||
23 | suspension has occurred. |
| |||||||
| |||||||
1 | Section 175. Review under Administrative Review Law. All | ||||||
2 | final administrative decisions of the Department are subject to | ||||||
3 | judicial review under the Administrative Review Law and its | ||||||
4 | rules. The term "administrative decision" is defined as in | ||||||
5 | Section 3-101 of the Code of Civil Procedure. | ||||||
6 | Section 180. The Department shall not be required to | ||||||
7 | certify any record to the Court or file any answer in court or | ||||||
8 | otherwise appear in any court in a judicial review proceeding, | ||||||
9 | unless there is filed in the court, with the complaint, a | ||||||
10 | receipt from the Department acknowledging payment of the costs | ||||||
11 | of furnishing and certifying the record. Failure on the part | ||||||
12 | of the plaintiff to file a receipt in court shall be grounds | ||||||
13 | for dismissal of the action. | ||||||
14 | Section 185. Administrative Procedure Act. The Illinois | ||||||
15 | Administrative Procedure Act is expressly adopted and | ||||||
16 | incorporated in this Act as if all of the provisions of that | ||||||
17 | Act were included in this Act, except that the provision of | ||||||
18 | paragraph (d) of Section 10-65 of the Illinois Administrative | ||||||
19 | Procedure Act, which provides that at hearings the licensee has | ||||||
20 | the right to show compliance with all lawful requirements for | ||||||
21 | retention, continuation, or renewal of the license, is | ||||||
22 | specifically excluded. For the purpose of this Act, the notice | ||||||
23 | required under Section 10-25 of the Administrative Procedure |
| |||||||
| |||||||
1 | Act is deemed sufficient when mailed to the last known address | ||||||
2 | of a party. | ||||||
3 | Section 190. Severability. If any provision of this Act or | ||||||
4 | its application to any person or circumstance is held invalid, | ||||||
5 | the remainder of the act or the application of the provision to | ||||||
6 | other persons or circumstances is not affected. | ||||||
7 | Section 195. The Regulatory Sunset Act is amended by adding | ||||||
8 | Section 4.28 as follows: | ||||||
9 | (5 ILCS 80/4.28 new) | ||||||
10 | Sec. 4.28. Act repealed on January 1, 2018. The following | ||||||
11 | Act is repealed on January 1, 2018: | ||||||
12 | The Naturopathic Medical Practice Act. | ||||||
13 | Section 200. The Illinois Controlled Substances Act is | ||||||
14 | amended by changing Section 102 as follows: | ||||||
15 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
16 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
17 | context
otherwise requires:
| ||||||
18 | (a) "Addict" means any person who habitually uses any drug, | ||||||
19 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
20 | to endanger the public
morals, health, safety or welfare or who | ||||||
21 | is so far addicted to the use of a
dangerous drug or controlled |
| |||||||
| |||||||
1 | substance other than alcohol as to have lost
the power of self | ||||||
2 | control with reference to his addiction.
| ||||||
3 | (b) "Administer" means the direct application of a | ||||||
4 | controlled
substance, whether by injection, inhalation, | ||||||
5 | ingestion, or any other
means, to the body of a patient, | ||||||
6 | research subject, or animal (as
defined by the Humane | ||||||
7 | Euthanasia in Animal Shelters Act) by:
| ||||||
8 | (1) a practitioner (or, in his presence, by his | ||||||
9 | authorized agent),
| ||||||
10 | (2) the patient or research subject at the lawful | ||||||
11 | direction of the
practitioner, or
| ||||||
12 | (3) a euthanasia technician as defined by the Humane | ||||||
13 | Euthanasia in
Animal Shelters Act.
| ||||||
14 | (c) "Agent" means an authorized person who acts on behalf | ||||||
15 | of or at
the direction of a manufacturer, distributor, or | ||||||
16 | dispenser. It does not
include a common or contract carrier, | ||||||
17 | public warehouseman or employee of
the carrier or warehouseman.
| ||||||
18 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
19 | substance,
chemically and pharmacologically related to | ||||||
20 | testosterone (other than
estrogens, progestins, and | ||||||
21 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
22 | (i) boldenone,
| ||||||
23 | (ii) chlorotestosterone,
| ||||||
24 | (iii) chostebol,
| ||||||
25 | (iv) dehydrochlormethyltestosterone,
| ||||||
26 | (v) dihydrotestosterone,
|
| |||||||
| |||||||
1 | (vi) drostanolone,
| ||||||
2 | (vii) ethylestrenol,
| ||||||
3 | (viii) fluoxymesterone,
| ||||||
4 | (ix) formebulone,
| ||||||
5 | (x) mesterolone,
| ||||||
6 | (xi) methandienone,
| ||||||
7 | (xii) methandranone,
| ||||||
8 | (xiii) methandriol,
| ||||||
9 | (xiv) methandrostenolone,
| ||||||
10 | (xv) methenolone,
| ||||||
11 | (xvi) methyltestosterone,
| ||||||
12 | (xvii) mibolerone,
| ||||||
13 | (xviii) nandrolone,
| ||||||
14 | (xix) norethandrolone,
| ||||||
15 | (xx) oxandrolone,
| ||||||
16 | (xxi) oxymesterone,
| ||||||
17 | (xxii) oxymetholone,
| ||||||
18 | (xxiii) stanolone,
| ||||||
19 | (xxiv) stanozolol,
| ||||||
20 | (xxv) testolactone,
| ||||||
21 | (xxvi) testosterone,
| ||||||
22 | (xxvii) trenbolone, and
| ||||||
23 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
24 | substance described
or listed in this paragraph, if | ||||||
25 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
26 | Any person who is otherwise lawfully in possession of an |
| |||||||
| |||||||
1 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
2 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
3 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
4 | expressly intended for and lawfully allowed to be
administered | ||||||
5 | through implants to livestock or other nonhuman species, and
| ||||||
6 | which is approved by the Secretary of Health and Human Services | ||||||
7 | for such
administration, and which the person intends to | ||||||
8 | administer or have
administered through such implants, shall | ||||||
9 | not be considered to be in
unauthorized possession or to | ||||||
10 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
11 | possess with intent to deliver such anabolic steroid for
| ||||||
12 | purposes of this Act.
| ||||||
13 | (d) "Administration" means the Drug Enforcement | ||||||
14 | Administration,
United States Department of Justice, or its | ||||||
15 | successor agency.
| ||||||
16 | (e) "Control" means to add a drug or other substance, or | ||||||
17 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
18 | whether by
transfer from another Schedule or otherwise.
| ||||||
19 | (f) "Controlled Substance" means a drug, substance, or | ||||||
20 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
21 | (g) "Counterfeit substance" means a controlled substance, | ||||||
22 | which, or
the container or labeling of which, without | ||||||
23 | authorization bears the
trademark, trade name, or other | ||||||
24 | identifying mark, imprint, number or
device, or any likeness | ||||||
25 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
26 | than the person who in fact manufactured, distributed,
or |
| |||||||
| |||||||
1 | dispensed the substance.
| ||||||
2 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
3 | or
attempted transfer of possession of a controlled substance, | ||||||
4 | with or
without consideration, whether or not there is an | ||||||
5 | agency relationship.
| ||||||
6 | (i) "Department" means the Illinois Department of Human | ||||||
7 | Services (as
successor to the Department of Alcoholism and | ||||||
8 | Substance Abuse) or its successor agency.
| ||||||
9 | (j) "Department of State Police" means the Department of | ||||||
10 | State
Police of the State of Illinois or its successor agency.
| ||||||
11 | (k) "Department of Corrections" means the Department of | ||||||
12 | Corrections
of the State of Illinois or its successor agency.
| ||||||
13 | (l) "Department of Professional Regulation" means the | ||||||
14 | Department
of Professional Regulation of the State of Illinois | ||||||
15 | or its successor agency.
| ||||||
16 | (m) "Depressant" or "stimulant substance" means:
| ||||||
17 | (1) a drug which contains any quantity of (i) | ||||||
18 | barbituric acid or
any of the salts of barbituric acid | ||||||
19 | which has been designated as habit
forming under section | ||||||
20 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
21 | U.S.C. 352 (d)); or
| ||||||
22 | (2) a drug which contains any quantity of (i) | ||||||
23 | amphetamine or
methamphetamine and any of their optical | ||||||
24 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
25 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
26 | substance which the Department, after
investigation, has |
| |||||||
| |||||||
1 | found to be, and by rule designated as, habit forming
| ||||||
2 | because of its depressant or stimulant effect on the | ||||||
3 | central nervous
system; or
| ||||||
4 | (3) lysergic acid diethylamide; or
| ||||||
5 | (4) any drug which contains any quantity of a substance | ||||||
6 | which the
Department, after investigation, has found to | ||||||
7 | have, and by rule
designated as having, a potential for | ||||||
8 | abuse because of its depressant or
stimulant effect on the | ||||||
9 | central nervous system or its hallucinogenic
effect.
| ||||||
10 | (n) (Blank).
| ||||||
11 | (o) "Director" means the Director of the Department of | ||||||
12 | State Police or
the Department of Professional Regulation or | ||||||
13 | his designated agents.
| ||||||
14 | (p) "Dispense" means to deliver a controlled substance to | ||||||
15 | an
ultimate user or research subject by or pursuant to the | ||||||
16 | lawful order of
a prescriber, including the prescribing, | ||||||
17 | administering, packaging,
labeling, or compounding necessary | ||||||
18 | to prepare the substance for that
delivery.
| ||||||
19 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
20 | (r) "Distribute" means to deliver, other than by | ||||||
21 | administering or
dispensing, a controlled substance.
| ||||||
22 | (s) "Distributor" means a person who distributes.
| ||||||
23 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
24 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
25 | Pharmacopoeia of the
United States, or official National | ||||||
26 | Formulary, or any supplement to any
of them; (2) substances |
| |||||||
| |||||||
1 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
2 | prevention of disease in man or animals; (3) substances
(other | ||||||
3 | than food) intended to affect the structure of any function of
| ||||||
4 | the body of man or animals and (4) substances intended for use | ||||||
5 | as a
component of any article specified in clause (1), (2), or | ||||||
6 | (3) of this
subsection. It does not include devices or their | ||||||
7 | components, parts, or
accessories.
| ||||||
8 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
9 | Department of Professional Regulation for the
purpose of animal | ||||||
10 | euthanasia that holds an animal control facility license or
| ||||||
11 | animal
shelter license under the Animal Welfare Act. A | ||||||
12 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
13 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
14 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
15 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
16 | substances
(nonnarcotic controlled substances) that are used | ||||||
17 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
18 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
19 | controlled
substance by a practitioner in the regular course of | ||||||
20 | professional
treatment to or for any person who is under his | ||||||
21 | treatment for a
pathology or condition other than that | ||||||
22 | individual's physical or
psychological dependence upon or | ||||||
23 | addiction to a controlled substance,
except as provided herein: | ||||||
24 | and application of the term to a pharmacist
shall mean the | ||||||
25 | dispensing of a controlled substance pursuant to the
| ||||||
26 | prescriber's order which in the professional judgment of the |
| |||||||
| |||||||
1 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
2 | accepted professional
standards including, but not limited to | ||||||
3 | the following, in making the
judgment:
| ||||||
4 | (1) lack of consistency of doctor-patient | ||||||
5 | relationship,
| ||||||
6 | (2) frequency of prescriptions for same drug by one | ||||||
7 | prescriber for
large numbers of patients,
| ||||||
8 | (3) quantities beyond those normally prescribed,
| ||||||
9 | (4) unusual dosages,
| ||||||
10 | (5) unusual geographic distances between patient, | ||||||
11 | pharmacist and
prescriber,
| ||||||
12 | (6) consistent prescribing of habit-forming drugs.
| ||||||
13 | (u-1) "Home infusion services" means services provided by a | ||||||
14 | pharmacy in
compounding solutions for direct administration to | ||||||
15 | a patient in a private
residence, long-term care facility, or | ||||||
16 | hospice setting by means of parenteral,
intravenous, | ||||||
17 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
18 | (v) "Immediate precursor" means a substance:
| ||||||
19 | (1) which the Department has found to be and by rule | ||||||
20 | designated as
being a principal compound used, or produced | ||||||
21 | primarily for use, in the
manufacture of a controlled | ||||||
22 | substance;
| ||||||
23 | (2) which is an immediate chemical intermediary used or | ||||||
24 | likely to
be used in the manufacture of such controlled | ||||||
25 | substance; and
| ||||||
26 | (3) the control of which is necessary to prevent, |
| |||||||
| |||||||
1 | curtail or limit
the manufacture of such controlled | ||||||
2 | substance.
| ||||||
3 | (w) "Instructional activities" means the acts of teaching, | ||||||
4 | educating
or instructing by practitioners using controlled | ||||||
5 | substances within
educational facilities approved by the State | ||||||
6 | Board of Education or
its successor agency.
| ||||||
7 | (x) "Local authorities" means a duly organized State, | ||||||
8 | County or
Municipal peace unit or police force.
| ||||||
9 | (y) "Look-alike substance" means a substance, other than a | ||||||
10 | controlled
substance which (1) by overall dosage unit | ||||||
11 | appearance, including shape,
color, size, markings or lack | ||||||
12 | thereof, taste, consistency, or any other
identifying physical | ||||||
13 | characteristic of the substance, would lead a reasonable
person | ||||||
14 | to believe that the substance is a controlled substance, or (2) | ||||||
15 | is
expressly or impliedly represented to be a controlled | ||||||
16 | substance or is
distributed under circumstances which would | ||||||
17 | lead a reasonable person to
believe that the substance is a | ||||||
18 | controlled substance. For the purpose of
determining whether | ||||||
19 | the representations made or the circumstances of the
| ||||||
20 | distribution would lead a reasonable person to believe the | ||||||
21 | substance to be
a controlled substance under this clause (2) of | ||||||
22 | subsection (y), the court or
other authority may consider the | ||||||
23 | following factors in addition to any other
factor that may be | ||||||
24 | relevant:
| ||||||
25 | (a) statements made by the owner or person in control | ||||||
26 | of the substance
concerning its nature, use or effect;
|
| |||||||
| |||||||
1 | (b) statements made to the buyer or recipient that the | ||||||
2 | substance may
be resold for profit;
| ||||||
3 | (c) whether the substance is packaged in a manner | ||||||
4 | normally used for the
illegal distribution of controlled | ||||||
5 | substances;
| ||||||
6 | (d) whether the distribution or attempted distribution | ||||||
7 | included an
exchange of or demand for money or other | ||||||
8 | property as consideration, and
whether the amount of the | ||||||
9 | consideration was substantially greater than the
| ||||||
10 | reasonable retail market value of the substance.
| ||||||
11 | Clause (1) of this subsection (y) shall not apply to a | ||||||
12 | noncontrolled
substance in its finished dosage form that was | ||||||
13 | initially introduced into
commerce prior to the initial | ||||||
14 | introduction into commerce of a controlled
substance in its | ||||||
15 | finished dosage form which it may substantially resemble.
| ||||||
16 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
17 | distributing
of noncontrolled substances by persons authorized | ||||||
18 | to dispense and
distribute controlled substances under this | ||||||
19 | Act, provided that such action
would be deemed to be carried | ||||||
20 | out in good faith under subsection (u) if the
substances | ||||||
21 | involved were controlled substances.
| ||||||
22 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
23 | manufacture,
preparation, propagation, compounding, | ||||||
24 | processing, packaging, advertising
or distribution of a drug or | ||||||
25 | drugs by any person registered pursuant to
Section 510 of the | ||||||
26 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
|
| |||||||
| |||||||
1 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
2 | located in a state
of the United States, other than Illinois, | ||||||
3 | that delivers, dispenses or
distributes, through the United | ||||||
4 | States Postal Service or other common
carrier, to Illinois | ||||||
5 | residents, any substance which requires a prescription.
| ||||||
6 | (z) "Manufacture" means the production, preparation, | ||||||
7 | propagation,
compounding, conversion or processing of a | ||||||
8 | controlled substance other than methamphetamine, either
| ||||||
9 | directly or indirectly, by extraction from substances of | ||||||
10 | natural origin,
or independently by means of chemical | ||||||
11 | synthesis, or by a combination of
extraction and chemical | ||||||
12 | synthesis, and includes any packaging or
repackaging of the | ||||||
13 | substance or labeling of its container, except that
this term | ||||||
14 | does not include:
| ||||||
15 | (1) by an ultimate user, the preparation or compounding | ||||||
16 | of a
controlled substance for his own use; or
| ||||||
17 | (2) by a practitioner, or his authorized agent under | ||||||
18 | his
supervision, the preparation, compounding, packaging, | ||||||
19 | or labeling of a
controlled substance:
| ||||||
20 | (a) as an incident to his administering or | ||||||
21 | dispensing of a
controlled substance in the course of | ||||||
22 | his professional practice; or
| ||||||
23 | (b) as an incident to lawful research, teaching or | ||||||
24 | chemical
analysis and not for sale.
| ||||||
25 | (z-1) (Blank).
| ||||||
26 | (aa) "Narcotic drug" means any of the following, whether |
| |||||||
| |||||||
1 | produced
directly or indirectly by extraction from substances | ||||||
2 | of natural origin,
or independently by means of chemical | ||||||
3 | synthesis, or by a combination of
extraction and chemical | ||||||
4 | synthesis:
| ||||||
5 | (1) opium and opiate, and any salt, compound, | ||||||
6 | derivative, or
preparation of opium or opiate;
| ||||||
7 | (2) any salt, compound, isomer, derivative, or | ||||||
8 | preparation thereof
which is chemically equivalent or | ||||||
9 | identical with any of the substances
referred to in clause | ||||||
10 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
11 | (3) opium poppy and poppy straw;
| ||||||
12 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
13 | of an isomer,
derivative, or preparation of coca leaves | ||||||
14 | including cocaine or ecgonine,
and any salt, compound, | ||||||
15 | isomer, derivative, or preparation thereof which is
| ||||||
16 | chemically equivalent or identical with any of these | ||||||
17 | substances, but not
including decocainized coca leaves or | ||||||
18 | extractions of coca leaves which do
not contain cocaine or | ||||||
19 | ecgonine (for the purpose of this paragraph, the
term | ||||||
20 | "isomer" includes optical, positional and geometric | ||||||
21 | isomers).
| ||||||
22 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
23 | Nursing and Advanced Practice Nursing Act.
| ||||||
24 | (cc) (Blank).
| ||||||
25 | (dd) "Opiate" means any substance having an addiction | ||||||
26 | forming or
addiction sustaining liability similar to morphine |
| |||||||
| |||||||
1 | or being capable of
conversion into a drug having addiction | ||||||
2 | forming or addiction sustaining
liability.
| ||||||
3 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
4 | somniferum L., except its seeds.
| ||||||
5 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
6 | Board of
the State of Illinois or its successor agency.
| ||||||
7 | (gg) "Person" means any individual, corporation, | ||||||
8 | mail-order pharmacy,
government or governmental subdivision or | ||||||
9 | agency, business trust, estate,
trust, partnership or | ||||||
10 | association, or any other entity.
| ||||||
11 | (hh) "Pharmacist" means any person who holds a certificate | ||||||
12 | of
registration as a registered pharmacist, a local registered | ||||||
13 | pharmacist
or a registered assistant pharmacist under the | ||||||
14 | Pharmacy Practice Act of 1987.
| ||||||
15 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
16 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
17 | Practice Act of 1987.
| ||||||
18 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
19 | the opium
poppy, after mowing.
| ||||||
20 | (kk) "Practitioner" means a physician licensed to practice | ||||||
21 | medicine in all
its branches, dentist, podiatrist,
| ||||||
22 | veterinarian, scientific investigator, pharmacist, physician | ||||||
23 | assistant,
advanced practice nurse,
licensed practical
nurse, | ||||||
24 | registered nurse, hospital, laboratory, or pharmacy, or other
| ||||||
25 | person licensed, registered, or otherwise lawfully permitted | ||||||
26 | by the
United States or this State to distribute, dispense, |
| |||||||
| |||||||
1 | conduct research
with respect to, administer or use in teaching | ||||||
2 | or chemical analysis, a
controlled substance in the course of | ||||||
3 | professional practice or research.
| ||||||
4 | (ll) "Pre-printed prescription" means a written | ||||||
5 | prescription upon which
the designated drug has been indicated | ||||||
6 | prior to the time of issuance.
| ||||||
7 | (mm) "Prescriber" means a physician licensed to practice | ||||||
8 | medicine in all
its branches, dentist, podiatrist or
| ||||||
9 | veterinarian who issues a prescription, a physician assistant | ||||||
10 | who
issues a
prescription for a Schedule III, IV, or V | ||||||
11 | controlled substance
in accordance
with Section 303.05 and the | ||||||
12 | written guidelines required under Section 7.5
of the
Physician | ||||||
13 | Assistant Practice Act of 1987, or an advanced practice
nurse | ||||||
14 | with prescriptive authority in accordance with Section 303.05
| ||||||
15 | and a written
collaborative agreement under Sections 15-15 and | ||||||
16 | 15-20 of
the Nursing and Advanced Practice Nursing Act , or a | ||||||
17 | naturopathic physician who issues a prescription for a | ||||||
18 | controlled substance in accordance with the naturopathic | ||||||
19 | formulary established under Section 45 of the Naturopathic | ||||||
20 | Medical Practice Act .
| ||||||
21 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
22 | verbal order
of
a physician licensed to practice medicine in | ||||||
23 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
24 | controlled
substance, of a physician assistant for a Schedule | ||||||
25 | III, IV, or V
controlled substance
in accordance with Section | ||||||
26 | 303.05 and the written guidelines required under
Section 7.5 of |
| |||||||
| |||||||
1 | the
Physician Assistant Practice Act of 1987, or of an advanced | ||||||
2 | practice
nurse who issues a prescription for a Schedule III, | ||||||
3 | IV, or V
controlled substance in accordance
with
Section 303.05 | ||||||
4 | and a written collaborative agreement under Sections 15-15
and
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5 | 15-20 of the Nursing and Advanced Practice Nursing Act.
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6 | (oo) "Production" or "produce" means manufacture, | ||||||
7 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
8 | substance other than methamphetamine.
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9 | (pp) "Registrant" means every person who is required to | ||||||
10 | register
under Section 302 of this Act.
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11 | (qq) "Registry number" means the number assigned to each | ||||||
12 | person
authorized to handle controlled substances under the | ||||||
13 | laws of the United
States and of this State.
| ||||||
14 | (rr) "State" includes the State of Illinois and any state, | ||||||
15 | district,
commonwealth, territory, insular possession thereof, | ||||||
16 | and any area
subject to the legal authority of the United | ||||||
17 | States of America.
| ||||||
18 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
19 | a
controlled substance for his own use or for the use of a | ||||||
20 | member of his
household or for administering to an animal owned | ||||||
21 | by him or by a member
of his household.
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22 | (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; | ||||||
23 | 94-556, eff. 9-11-05.)
|