Registration and Regulation Committee
Filed: 3/14/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1366
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1366 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Optometric Practice Act of 1987 is | ||||||
5 | amended by changing Sections 15.1 and 16 as follows:
| ||||||
6 | (225 ILCS 80/15.1)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
8 | Sec. 15.1. Diagnostic and therapeutic authority.
| ||||||
9 | (a) For purposes of the Act, "ocular pharmaceutical
agents" | ||||||
10 | means topical anesthetics, topical mydriatics, topical
| ||||||
11 | cycloplegics, topical miotics and mydriatic reversing agents , | ||||||
12 | topical anti-infective agents,
topical anti-allergy agents,
| ||||||
13 | topical
anti-glaucoma agents (except oral carbonic anhydrase | ||||||
14 | inhibitors, which may be prescribed only in a quantity | ||||||
15 | sufficient to provide treatment for up to 72 hours) , topical
| ||||||
16 | anti-inflammatory agents (except oral steroids) , topical
|
| |||||||
| |||||||
1 | anesthetic
agents, over-the-counter agents, and
non-narcotic | ||||||
2 | oral analgesic
agents ,
and mydriatic reversing
agents when used | ||||||
3 | for diagnostic or therapeutic purposes . | ||||||
4 | (a-5) Ocular pharmaceutical agents administered by | ||||||
5 | injection may be used only for the treatment of anaphylaxis. | ||||||
6 | (a-10) Oral pharmaceutical agents may be prescribed for a | ||||||
7 | child under 5 years of age only in consultation with a | ||||||
8 | physician licensed to practice medicine in all its branches. | ||||||
9 | (a-15) The authority to prescribe a Schedule III, IV, or V | ||||||
10 | controlled substance shall include only analgesic agents in a | ||||||
11 | quantity sufficient to provide treatment for up to 72 hours. | ||||||
12 | The prescription of a Schedule II controlled substance is | ||||||
13 | prohibited.
| ||||||
14 | (b) A licensed optometrist may remove superficial foreign | ||||||
15 | bodies from the human eye and adnexa and may give orders for | ||||||
16 | patient care to a nurse licensed to practice under Illinois | ||||||
17 | law. | ||||||
18 |
(c) An optometrist's license shall be revoked or suspended | ||||||
19 | by the Department
upon recommendation of the Board based upon | ||||||
20 | either of the
following causes: | ||||||
21 | (1) grave or repeated misuse of any ocular
| ||||||
22 | pharmaceutical agent; and | ||||||
23 | (2) the use of any agent or procedure in the course of | ||||||
24 | optometric practice
by an optometrist not properly | ||||||
25 | authorized under this Act. | ||||||
26 | (d) The Secretary of Financial and Professional Regulation |
| |||||||
| |||||||
1 | shall notify
the Director of Public Health as to the categories | ||||||
2 | of ocular
pharmaceutical agents permitted for use by an | ||||||
3 | optometrist. The Director of Public Health shall in turn
notify | ||||||
4 | every licensed pharmacist in the State of the categories of | ||||||
5 | ocular
pharmaceutical agents that can be utilized and | ||||||
6 | prescribed by an optometrist.
| ||||||
7 | (Source: P.A. 94-787, eff. 5-19-06 .)
| ||||||
8 | (225 ILCS 80/16) (from Ch. 111, par. 3916)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
10 | Sec. 16. Renewal, reinstatement or restoration of | ||||||
11 | licenses; military
service. The expiration date and renewal | ||||||
12 | period for each license issued under this Act shall be set by | ||||||
13 | rule.
| ||||||
14 | All renewal applicants shall provide proof of having met | ||||||
15 | the requirements
of continuing education set forth in the rules | ||||||
16 | of the Department. The
Department shall, by rule, provide for | ||||||
17 | an orderly process for the
reinstatement of licenses which have | ||||||
18 | not been renewed due to failure to
meet the continuing | ||||||
19 | education requirements. The continuing education
requirement | ||||||
20 | may be waived for such good cause, including but not limited to
| ||||||
21 | illness or hardship, as defined by rules
of the Department.
| ||||||
22 | The Department shall establish by rule a means for the | ||||||
23 | verification of
completion of the continuing education | ||||||
24 | required by this Section. This
verification may be accomplished | ||||||
25 | through audits of records maintained by
registrants; by |
| |||||||
| |||||||
1 | requiring the filing of continuing education certificates
with | ||||||
2 | the Department; or by other means established by the | ||||||
3 | Department.
| ||||||
4 | Any licensee seeking renewal of his or her license during | ||||||
5 | the renewal cycle beginning April 1, 2008 must first complete a | ||||||
6 | tested educational course in the use of oral pharmaceutical | ||||||
7 | agents for the management of ocular conditions, as approved by | ||||||
8 | Board.
| ||||||
9 | Any optometrist who has permitted his or her license to | ||||||
10 | expire or who has
had his or her license on inactive status may | ||||||
11 | have his or her license restored
by making application to the | ||||||
12 | Department and filing proof acceptable to the
Department of his | ||||||
13 | or her fitness to have his or her license restored and by
| ||||||
14 | paying the required fees. Such proof of fitness may include | ||||||
15 | evidence
certifying to active lawful practice in another | ||||||
16 | jurisdiction and must include
proof of the completion of the | ||||||
17 | continuing education requirements specified in
the rules for | ||||||
18 | the preceding license renewal period that has been completed | ||||||
19 | during the 2 years prior to the
application for license | ||||||
20 | restoration.
| ||||||
21 | The Department shall determine, by an evaluation program | ||||||
22 | established by
rule, his or her fitness for restoration of his | ||||||
23 | or her license and
shall establish procedures and requirements | ||||||
24 | for such restoration.
| ||||||
25 | However, any optometrist whose license expired while he or | ||||||
26 | she was (1) in
Federal Service on active duty with the Armed |
| |||||||
| |||||||
1 | Forces of the United States,
or the State Militia called into | ||||||
2 | service or training, or (2) in training or
education under the | ||||||
3 | supervision of the United States preliminary to
induction into | ||||||
4 | the military service, may have his or her license restored
| ||||||
5 | without paying any lapsed renewal fees if within 2 years after | ||||||
6 | honorable
termination of such service, training, or education, | ||||||
7 | he or she furnishes
the Department with satisfactory evidence | ||||||
8 | to the effect that he or she has
been so engaged and that his or | ||||||
9 | her service, training, or education has been
so terminated. | ||||||
10 | All licenses without "Therapeutic Certification" on March | ||||||
11 | 31, 2006 shall be placed on non-renewed status and may only be | ||||||
12 | renewed after the licensee meets those requirements | ||||||
13 | established by the Department that may not be waived.
| ||||||
14 | (Source: P.A. 94-787, eff. 5-19-06.)
| ||||||
15 | Section 10. The Illinois Controlled Substances Act is | ||||||
16 | amended by changing Sections 102 and 103 as follows: | ||||||
17 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
18 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
19 | context
otherwise requires:
| ||||||
20 | (a) "Addict" means any person who habitually uses any drug, | ||||||
21 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
22 | to endanger the public
morals, health, safety or welfare or who | ||||||
23 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
24 | substance other than alcohol as to have lost
the power of self |
| |||||||
| |||||||
1 | control with reference to his addiction.
| ||||||
2 | (b) "Administer" means the direct application of a | ||||||
3 | controlled
substance, whether by injection, inhalation, | ||||||
4 | ingestion, or any other
means, to the body of a patient, | ||||||
5 | research subject, or animal (as
defined by the Humane | ||||||
6 | Euthanasia in Animal Shelters Act) by:
| ||||||
7 | (1) a practitioner (or, in his presence, by his | ||||||
8 | authorized agent),
| ||||||
9 | (2) the patient or research subject at the lawful | ||||||
10 | direction of the
practitioner, or
| ||||||
11 | (3) a euthanasia technician as defined by the Humane | ||||||
12 | Euthanasia in
Animal Shelters Act.
| ||||||
13 | (c) "Agent" means an authorized person who acts on behalf | ||||||
14 | of or at
the direction of a manufacturer, distributor, or | ||||||
15 | dispenser. It does not
include a common or contract carrier, | ||||||
16 | public warehouseman or employee of
the carrier or warehouseman.
| ||||||
17 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
18 | substance,
chemically and pharmacologically related to | ||||||
19 | testosterone (other than
estrogens, progestins, and | ||||||
20 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
21 | (i) boldenone,
| ||||||
22 | (ii) chlorotestosterone,
| ||||||
23 | (iii) chostebol,
| ||||||
24 | (iv) dehydrochlormethyltestosterone,
| ||||||
25 | (v) dihydrotestosterone,
| ||||||
26 | (vi) drostanolone,
|
| |||||||
| |||||||
1 | (vii) ethylestrenol,
| ||||||
2 | (viii) fluoxymesterone,
| ||||||
3 | (ix) formebulone,
| ||||||
4 | (x) mesterolone,
| ||||||
5 | (xi) methandienone,
| ||||||
6 | (xii) methandranone,
| ||||||
7 | (xiii) methandriol,
| ||||||
8 | (xiv) methandrostenolone,
| ||||||
9 | (xv) methenolone,
| ||||||
10 | (xvi) methyltestosterone,
| ||||||
11 | (xvii) mibolerone,
| ||||||
12 | (xviii) nandrolone,
| ||||||
13 | (xix) norethandrolone,
| ||||||
14 | (xx) oxandrolone,
| ||||||
15 | (xxi) oxymesterone,
| ||||||
16 | (xxii) oxymetholone,
| ||||||
17 | (xxiii) stanolone,
| ||||||
18 | (xxiv) stanozolol,
| ||||||
19 | (xxv) testolactone,
| ||||||
20 | (xxvi) testosterone,
| ||||||
21 | (xxvii) trenbolone, and
| ||||||
22 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
23 | substance described
or listed in this paragraph, if | ||||||
24 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
25 | Any person who is otherwise lawfully in possession of an | ||||||
26 | anabolic
steroid, or who otherwise lawfully manufactures, |
| |||||||
| |||||||
1 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
2 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
3 | expressly intended for and lawfully allowed to be
administered | ||||||
4 | through implants to livestock or other nonhuman species, and
| ||||||
5 | which is approved by the Secretary of Health and Human Services | ||||||
6 | for such
administration, and which the person intends to | ||||||
7 | administer or have
administered through such implants, shall | ||||||
8 | not be considered to be in
unauthorized possession or to | ||||||
9 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
10 | possess with intent to deliver such anabolic steroid for
| ||||||
11 | purposes of this Act.
| ||||||
12 | (d) "Administration" means the Drug Enforcement | ||||||
13 | Administration,
United States Department of Justice, or its | ||||||
14 | successor agency.
| ||||||
15 | (e) "Control" means to add a drug or other substance, or | ||||||
16 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
17 | whether by
transfer from another Schedule or otherwise.
| ||||||
18 | (f) "Controlled Substance" means a drug, substance, or | ||||||
19 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
20 | (g) "Counterfeit substance" means a controlled substance, | ||||||
21 | which, or
the container or labeling of which, without | ||||||
22 | authorization bears the
trademark, trade name, or other | ||||||
23 | identifying mark, imprint, number or
device, or any likeness | ||||||
24 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
25 | than the person who in fact manufactured, distributed,
or | ||||||
26 | dispensed the substance.
|
| |||||||
| |||||||
1 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
2 | or
attempted transfer of possession of a controlled substance, | ||||||
3 | with or
without consideration, whether or not there is an | ||||||
4 | agency relationship.
| ||||||
5 | (i) "Department" means the Illinois Department of Human | ||||||
6 | Services (as
successor to the Department of Alcoholism and | ||||||
7 | Substance Abuse) or its successor agency.
| ||||||
8 | (j) "Department of State Police" means the Department of | ||||||
9 | State
Police of the State of Illinois or its successor agency.
| ||||||
10 | (k) "Department of Corrections" means the Department of | ||||||
11 | Corrections
of the State of Illinois or its successor agency.
| ||||||
12 | (l) "Department of Professional Regulation" means the | ||||||
13 | Department
of Professional Regulation of the State of Illinois | ||||||
14 | or its successor agency.
| ||||||
15 | (m) "Depressant" or "stimulant substance" means:
| ||||||
16 | (1) a drug which contains any quantity of (i) | ||||||
17 | barbituric acid or
any of the salts of barbituric acid | ||||||
18 | which has been designated as habit
forming under section | ||||||
19 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
20 | U.S.C. 352 (d)); or
| ||||||
21 | (2) a drug which contains any quantity of (i) | ||||||
22 | amphetamine or
methamphetamine and any of their optical | ||||||
23 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
24 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
25 | substance which the Department, after
investigation, has | ||||||
26 | found to be, and by rule designated as, habit forming
|
| |||||||
| |||||||
1 | because of its depressant or stimulant effect on the | ||||||
2 | central nervous
system; or
| ||||||
3 | (3) lysergic acid diethylamide; or
| ||||||
4 | (4) any drug which contains any quantity of a substance | ||||||
5 | which the
Department, after investigation, has found to | ||||||
6 | have, and by rule
designated as having, a potential for | ||||||
7 | abuse because of its depressant or
stimulant effect on the | ||||||
8 | central nervous system or its hallucinogenic
effect.
| ||||||
9 | (n) (Blank).
| ||||||
10 | (o) "Director" means the Director of the Department of | ||||||
11 | State Police or
the Department of Professional Regulation or | ||||||
12 | his designated agents.
| ||||||
13 | (p) "Dispense" means to deliver a controlled substance to | ||||||
14 | an
ultimate user or research subject by or pursuant to the | ||||||
15 | lawful order of
a prescriber, including the prescribing, | ||||||
16 | administering, packaging,
labeling, or compounding necessary | ||||||
17 | to prepare the substance for that
delivery.
| ||||||
18 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
19 | (r) "Distribute" means to deliver, other than by | ||||||
20 | administering or
dispensing, a controlled substance.
| ||||||
21 | (s) "Distributor" means a person who distributes.
| ||||||
22 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
23 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
24 | Pharmacopoeia of the
United States, or official National | ||||||
25 | Formulary, or any supplement to any
of them; (2) substances | ||||||
26 | intended for use in diagnosis, cure, mitigation,
treatment, or |
| |||||||
| |||||||
1 | prevention of disease in man or animals; (3) substances
(other | ||||||
2 | than food) intended to affect the structure of any function of
| ||||||
3 | the body of man or animals and (4) substances intended for use | ||||||
4 | as a
component of any article specified in clause (1), (2), or | ||||||
5 | (3) of this
subsection. It does not include devices or their | ||||||
6 | components, parts, or
accessories.
| ||||||
7 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
8 | Department of Professional Regulation for the
purpose of animal | ||||||
9 | euthanasia that holds an animal control facility license or
| ||||||
10 | animal
shelter license under the Animal Welfare Act. A | ||||||
11 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
12 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
13 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
14 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
15 | substances
(nonnarcotic controlled substances) that are used | ||||||
16 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
17 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
18 | controlled
substance by a practitioner in the regular course of | ||||||
19 | professional
treatment to or for any person who is under his | ||||||
20 | treatment for a
pathology or condition other than that | ||||||
21 | individual's physical or
psychological dependence upon or | ||||||
22 | addiction to a controlled substance,
except as provided herein: | ||||||
23 | and application of the term to a pharmacist
shall mean the | ||||||
24 | dispensing of a controlled substance pursuant to the
| ||||||
25 | prescriber's order which in the professional judgment of the | ||||||
26 | pharmacist
is lawful. The pharmacist shall be guided by |
| |||||||
| |||||||
1 | accepted professional
standards including, but not limited to | ||||||
2 | the following, in making the
judgment:
| ||||||
3 | (1) lack of consistency of doctor-patient | ||||||
4 | relationship,
| ||||||
5 | (2) frequency of prescriptions for same drug by one | ||||||
6 | prescriber for
large numbers of patients,
| ||||||
7 | (3) quantities beyond those normally prescribed,
| ||||||
8 | (4) unusual dosages,
| ||||||
9 | (5) unusual geographic distances between patient, | ||||||
10 | pharmacist and
prescriber,
| ||||||
11 | (6) consistent prescribing of habit-forming drugs.
| ||||||
12 | (u-1) "Home infusion services" means services provided by a | ||||||
13 | pharmacy in
compounding solutions for direct administration to | ||||||
14 | a patient in a private
residence, long-term care facility, or | ||||||
15 | hospice setting by means of parenteral,
intravenous, | ||||||
16 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
17 | (v) "Immediate precursor" means a substance:
| ||||||
18 | (1) which the Department has found to be and by rule | ||||||
19 | designated as
being a principal compound used, or produced | ||||||
20 | primarily for use, in the
manufacture of a controlled | ||||||
21 | substance;
| ||||||
22 | (2) which is an immediate chemical intermediary used or | ||||||
23 | likely to
be used in the manufacture of such controlled | ||||||
24 | substance; and
| ||||||
25 | (3) the control of which is necessary to prevent, | ||||||
26 | curtail or limit
the manufacture of such controlled |
| |||||||
| |||||||
1 | substance.
| ||||||
2 | (w) "Instructional activities" means the acts of teaching, | ||||||
3 | educating
or instructing by practitioners using controlled | ||||||
4 | substances within
educational facilities approved by the State | ||||||
5 | Board of Education or
its successor agency.
| ||||||
6 | (x) "Local authorities" means a duly organized State, | ||||||
7 | County or
Municipal peace unit or police force.
| ||||||
8 | (y) "Look-alike substance" means a substance, other than a | ||||||
9 | controlled
substance which (1) by overall dosage unit | ||||||
10 | appearance, including shape,
color, size, markings or lack | ||||||
11 | thereof, taste, consistency, or any other
identifying physical | ||||||
12 | characteristic of the substance, would lead a reasonable
person | ||||||
13 | to believe that the substance is a controlled substance, or (2) | ||||||
14 | is
expressly or impliedly represented to be a controlled | ||||||
15 | substance or is
distributed under circumstances which would | ||||||
16 | lead a reasonable person to
believe that the substance is a | ||||||
17 | controlled substance. For the purpose of
determining whether | ||||||
18 | the representations made or the circumstances of the
| ||||||
19 | distribution would lead a reasonable person to believe the | ||||||
20 | substance to be
a controlled substance under this clause (2) of | ||||||
21 | subsection (y), the court or
other authority may consider the | ||||||
22 | following factors in addition to any other
factor that may be | ||||||
23 | relevant:
| ||||||
24 | (a) statements made by the owner or person in control | ||||||
25 | of the substance
concerning its nature, use or effect;
| ||||||
26 | (b) statements made to the buyer or recipient that the |
| |||||||
| |||||||
1 | substance may
be resold for profit;
| ||||||
2 | (c) whether the substance is packaged in a manner | ||||||
3 | normally used for the
illegal distribution of controlled | ||||||
4 | substances;
| ||||||
5 | (d) whether the distribution or attempted distribution | ||||||
6 | included an
exchange of or demand for money or other | ||||||
7 | property as consideration, and
whether the amount of the | ||||||
8 | consideration was substantially greater than the
| ||||||
9 | reasonable retail market value of the substance.
| ||||||
10 | Clause (1) of this subsection (y) shall not apply to a | ||||||
11 | noncontrolled
substance in its finished dosage form that was | ||||||
12 | initially introduced into
commerce prior to the initial | ||||||
13 | introduction into commerce of a controlled
substance in its | ||||||
14 | finished dosage form which it may substantially resemble.
| ||||||
15 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
16 | distributing
of noncontrolled substances by persons authorized | ||||||
17 | to dispense and
distribute controlled substances under this | ||||||
18 | Act, provided that such action
would be deemed to be carried | ||||||
19 | out in good faith under subsection (u) if the
substances | ||||||
20 | involved were controlled substances.
| ||||||
21 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
22 | manufacture,
preparation, propagation, compounding, | ||||||
23 | processing, packaging, advertising
or distribution of a drug or | ||||||
24 | drugs by any person registered pursuant to
Section 510 of the | ||||||
25 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
26 | (y-1) "Mail-order pharmacy" means a pharmacy that is |
| |||||||
| |||||||
1 | located in a state
of the United States, other than Illinois, | ||||||
2 | that delivers, dispenses or
distributes, through the United | ||||||
3 | States Postal Service or other common
carrier, to Illinois | ||||||
4 | residents, any substance which requires a prescription.
| ||||||
5 | (z) "Manufacture" means the production, preparation, | ||||||
6 | propagation,
compounding, conversion or processing of a | ||||||
7 | controlled substance other than methamphetamine, either
| ||||||
8 | directly or indirectly, by extraction from substances of | ||||||
9 | natural origin,
or independently by means of chemical | ||||||
10 | synthesis, or by a combination of
extraction and chemical | ||||||
11 | synthesis, and includes any packaging or
repackaging of the | ||||||
12 | substance or labeling of its container, except that
this term | ||||||
13 | does not include:
| ||||||
14 | (1) by an ultimate user, the preparation or compounding | ||||||
15 | of a
controlled substance for his own use; or
| ||||||
16 | (2) by a practitioner, or his authorized agent under | ||||||
17 | his
supervision, the preparation, compounding, packaging, | ||||||
18 | or labeling of a
controlled substance:
| ||||||
19 | (a) as an incident to his administering or | ||||||
20 | dispensing of a
controlled substance in the course of | ||||||
21 | his professional practice; or
| ||||||
22 | (b) as an incident to lawful research, teaching or | ||||||
23 | chemical
analysis and not for sale.
| ||||||
24 | (z-1) (Blank).
| ||||||
25 | (aa) "Narcotic drug" means any of the following, whether | ||||||
26 | produced
directly or indirectly by extraction from substances |
| |||||||
| |||||||
1 | of natural origin,
or independently by means of chemical | ||||||
2 | synthesis, or by a combination of
extraction and chemical | ||||||
3 | synthesis:
| ||||||
4 | (1) opium and opiate, and any salt, compound, | ||||||
5 | derivative, or
preparation of opium or opiate;
| ||||||
6 | (2) any salt, compound, isomer, derivative, or | ||||||
7 | preparation thereof
which is chemically equivalent or | ||||||
8 | identical with any of the substances
referred to in clause | ||||||
9 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
10 | (3) opium poppy and poppy straw;
| ||||||
11 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
12 | of an isomer,
derivative, or preparation of coca leaves | ||||||
13 | including cocaine or ecgonine,
and any salt, compound, | ||||||
14 | isomer, derivative, or preparation thereof which is
| ||||||
15 | chemically equivalent or identical with any of these | ||||||
16 | substances, but not
including decocainized coca leaves or | ||||||
17 | extractions of coca leaves which do
not contain cocaine or | ||||||
18 | ecgonine (for the purpose of this paragraph, the
term | ||||||
19 | "isomer" includes optical, positional and geometric | ||||||
20 | isomers).
| ||||||
21 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
22 | Nursing and Advanced Practice Nursing Act.
| ||||||
23 | (cc) (Blank).
| ||||||
24 | (dd) "Opiate" means any substance having an addiction | ||||||
25 | forming or
addiction sustaining liability similar to morphine | ||||||
26 | or being capable of
conversion into a drug having addiction |
| |||||||
| |||||||
1 | forming or addiction sustaining
liability.
| ||||||
2 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
3 | somniferum L., except its seeds.
| ||||||
4 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
5 | Board of
the State of Illinois or its successor agency.
| ||||||
6 | (gg) "Person" means any individual, corporation, | ||||||
7 | mail-order pharmacy,
government or governmental subdivision or | ||||||
8 | agency, business trust, estate,
trust, partnership or | ||||||
9 | association, or any other entity.
| ||||||
10 | (hh) "Pharmacist" means any person who holds a certificate | ||||||
11 | of
registration as a registered pharmacist, a local registered | ||||||
12 | pharmacist
or a registered assistant pharmacist under the | ||||||
13 | Pharmacy Practice Act of 1987.
| ||||||
14 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
15 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
16 | Practice Act of 1987.
| ||||||
17 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
18 | the opium
poppy, after mowing.
| ||||||
19 | (kk) "Practitioner" means a physician licensed to practice | ||||||
20 | medicine in all
its branches, dentist, optometrist,
| ||||||
21 | podiatrist,
veterinarian, scientific investigator, pharmacist, | ||||||
22 | physician assistant,
advanced practice nurse,
licensed | ||||||
23 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
24 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
25 | lawfully permitted by the
United States or this State to | ||||||
26 | distribute, dispense, conduct research
with respect to, |
| |||||||
| |||||||
1 | administer or use in teaching or chemical analysis, a
| ||||||
2 | controlled substance in the course of professional practice or | ||||||
3 | 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, optometrist, podiatrist | ||||||
9 | or
veterinarian who issues a prescription, a physician | ||||||
10 | assistant who
issues a
prescription for a Schedule III, IV, or | ||||||
11 | V controlled substance
in accordance
with Section 303.05 and | ||||||
12 | the written guidelines required under Section 7.5
of the
| ||||||
13 | Physician Assistant Practice Act of 1987, or an advanced | ||||||
14 | practice
nurse with prescriptive authority in accordance with | ||||||
15 | Section 303.05
and a written
collaborative agreement under | ||||||
16 | Sections 15-15 and 15-20 of
the Nursing and Advanced Practice | ||||||
17 | Nursing Act.
| ||||||
18 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
19 | verbal order
of
a physician licensed to practice medicine in | ||||||
20 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
21 | controlled
substance, of an optometrist for a Schedule III, IV, | ||||||
22 | or V controlled substance in accordance with Section 15.1 of | ||||||
23 | the Illinois Optometric Practice Act of 1987, of a physician | ||||||
24 | assistant for a Schedule III, IV, or V
controlled substance
in | ||||||
25 | accordance with Section 303.05 and the written guidelines | ||||||
26 | required under
Section 7.5 of the
Physician Assistant Practice |
| |||||||
| |||||||
1 | Act of 1987, or of an advanced practice
nurse who issues a | ||||||
2 | prescription for a Schedule III, IV, or V
controlled substance | ||||||
3 | in accordance
with
Section 303.05 and a written collaborative | ||||||
4 | agreement under Sections 15-15
and
15-20 of the Nursing and | ||||||
5 | Advanced Practice Nursing Act.
| ||||||
6 | (oo) "Production" or "produce" means manufacture, | ||||||
7 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
8 | substance other than methamphetamine.
| ||||||
9 | (pp) "Registrant" means every person who is required to | ||||||
10 | register
under Section 302 of this Act.
| ||||||
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.
| ||||||
22 | (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; | ||||||
23 | 94-556, eff. 9-11-05.)
| ||||||
24 | (720 ILCS 570/103) (from Ch. 56 1/2, par. 1103)
| ||||||
25 | Sec. 103. Scope of Act. Nothing in this Act limits the |
| |||||||
| |||||||
1 | lawful authority
granted by the
Medical Practice Act of 1987, | ||||||
2 | the Nursing and Advanced Practice
Nursing Act, the Illinois | ||||||
3 | Optometric Practice Act of 1987, or
the Pharmacy Practice Act | ||||||
4 | of 1987.
| ||||||
5 | (Source: P.A. 90-742, eff. 8-13-98.)".
|