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1 | AN ACT concerning regulation.
| ||||||||||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Ambulatory Surgical Treatment Center Act is | ||||||||||||||||||||||||||||||||||||||||||||||
5 | amended by changing Section 6.5 as follows:
| ||||||||||||||||||||||||||||||||||||||||||||||
6 | (210 ILCS 5/6.5)
| ||||||||||||||||||||||||||||||||||||||||||||||
7 | Sec. 6.5. Clinical privileges; advanced practice nurses. | ||||||||||||||||||||||||||||||||||||||||||||||
8 | All ambulatory surgical treatment centers (ASTC) licensed | ||||||||||||||||||||||||||||||||||||||||||||||
9 | under this Act
shall
comply with the following requirements:
| ||||||||||||||||||||||||||||||||||||||||||||||
10 | (1) No ASTC policy, rule, regulation, or practice shall be | ||||||||||||||||||||||||||||||||||||||||||||||
11 | inconsistent
with the provision of adequate collaboration, | ||||||||||||||||||||||||||||||||||||||||||||||
12 | including medical direction of
licensed
advanced practice | ||||||||||||||||||||||||||||||||||||||||||||||
13 | nurses, in accordance with Section 54.5 of the Medical
Practice | ||||||||||||||||||||||||||||||||||||||||||||||
14 | Act of 1987.
| ||||||||||||||||||||||||||||||||||||||||||||||
15 | (2) Operative surgical procedures shall be performed only | ||||||||||||||||||||||||||||||||||||||||||||||
16 | by a physician
licensed to
practice medicine in
all its | ||||||||||||||||||||||||||||||||||||||||||||||
17 | branches under the Medical Practice Act of 1987, a dentist
| ||||||||||||||||||||||||||||||||||||||||||||||
18 | licensed under the
Illinois Dental Practice Act, or a | ||||||||||||||||||||||||||||||||||||||||||||||
19 | podiatrist licensed under the Podiatric
Medical Practice Act of | ||||||||||||||||||||||||||||||||||||||||||||||
20 | 1987,
with medical staff membership and surgical clinical | ||||||||||||||||||||||||||||||||||||||||||||||
21 | privileges granted by the
consulting
committee of the ASTC. A | ||||||||||||||||||||||||||||||||||||||||||||||
22 | licensed physician, dentist, or podiatrist may
be assisted by
a | ||||||||||||||||||||||||||||||||||||||||||||||
23 | physician licensed to practice medicine in all its branches, |
| |||||||
| |||||||
1 | dentist, dental
assistant,
podiatrist, licensed
advanced | ||||||
2 | practice nurse, licensed physician assistant, licensed
| ||||||
3 | registered nurse, licensed practical nurse,
surgical
| ||||||
4 | assistant, surgical technician, or other individuals granted | ||||||
5 | clinical
privileges to assist in surgery
by the consulting | ||||||
6 | committee of the ASTC.
Payment for services rendered by an | ||||||
7 | assistant in surgery who is not an
ambulatory surgical | ||||||
8 | treatment center employee shall be paid
at the appropriate | ||||||
9 | non-physician modifier
rate if the payor would have made | ||||||
10 | payment had the same services been provided
by a physician.
| ||||||
11 | (2.5) A registered nurse licensed under the Nursing and | ||||||
12 | Advanced Practice Nursing Act and qualified by training and | ||||||
13 | experience in operating room nursing shall be present in the | ||||||
14 | operating room and function as the circulating nurse during all | ||||||
15 | invasive or operative procedures. For purposes of this | ||||||
16 | paragraph (2.5), "circulating nurse" means a registered nurse | ||||||
17 | who is responsible for coordinating all nursing care, patient | ||||||
18 | safety needs, and the needs of the surgical team in the | ||||||
19 | operating room during an invasive or operative procedure.
| ||||||
20 | (3) The anesthesia service shall be under the direction of | ||||||
21 | a physician
licensed to practice
medicine in all its branches | ||||||
22 | who has had specialized preparation or experience
in the area
| ||||||
23 | or who has completed a residency in anesthesiology. An | ||||||
24 | anesthesiologist, Board
certified or
Board eligible, is | ||||||
25 | recommended. Anesthesia services may
only be
administered | ||||||
26 | pursuant to the order of a physician licensed to practice |
| |||||||
| |||||||
1 | medicine
in all its
branches, licensed dentist, or licensed | ||||||
2 | podiatrist.
| ||||||
3 | (A) The individuals who, with clinical privileges | ||||||
4 | granted by the medical
staff and ASTC, may
administer | ||||||
5 | anesthesia services are limited to the
following:
| ||||||
6 | (i) an anesthesiologist; or
| ||||||
7 | (ii) a physician licensed to practice medicine in | ||||||
8 | all its branches; or
| ||||||
9 | (iii) a dentist with authority to administer | ||||||
10 | anesthesia under Section
8.1 of the
Illinois Dental | ||||||
11 | Practice Act; or
| ||||||
12 | (iv) a licensed certified registered nurse | ||||||
13 | anesthetist.
| ||||||
14 | (B) For anesthesia services, an anesthesiologist
shall
| ||||||
15 | participate through discussion of and agreement with the | ||||||
16 | anesthesia plan and
shall remain physically present and be
| ||||||
17 | available on
the premises during the delivery of anesthesia | ||||||
18 | services for
diagnosis, consultation, and treatment of | ||||||
19 | emergency medical
conditions.
In the absence of 24-hour | ||||||
20 | availability of anesthesiologists with clinical
| ||||||
21 | privileges, an alternate policy (requiring
participation, | ||||||
22 | presence,
and availability of a
physician licensed to | ||||||
23 | practice medicine in all its
branches) shall be
developed | ||||||
24 | by the medical staff consulting committee in consultation | ||||||
25 | with the
anesthesia service and included in the medical
| ||||||
26 | staff
consulting committee policies.
|
| |||||||
| |||||||
1 | (C) A certified registered nurse anesthetist is not | ||||||
2 | required to possess
prescriptive authority or a written | ||||||
3 | collaborative agreement meeting the
requirements of | ||||||
4 | Section 15-15 of the Nursing and Advanced Practice Nursing | ||||||
5 | Act
to provide anesthesia services
ordered by a licensed | ||||||
6 | physician, dentist, or podiatrist. Licensed certified
| ||||||
7 | registered nurse anesthetists are authorized to
select, | ||||||
8 | order, and
administer drugs and apply the appropriate | ||||||
9 | medical devices in the provision of
anesthesia
services | ||||||
10 | under the anesthesia plan agreed with by the
| ||||||
11 | anesthesiologist or, in the absence of an available | ||||||
12 | anesthesiologist with
clinical privileges,
agreed with by | ||||||
13 | the
operating physician, operating dentist, or operating | ||||||
14 | podiatrist in accordance
with the medical
staff consulting | ||||||
15 | committee policies of a licensed ambulatory surgical | ||||||
16 | treatment
center.
| ||||||
17 | (Source: P.A. 93-352, eff. 1-1-04; 94-915, eff. 1-1-07.)
| ||||||
18 | Section 10. The Hospital Licensing Act is amended by | ||||||
19 | changing Section 10.7 as follows:
| ||||||
20 | (210 ILCS 85/10.7)
| ||||||
21 | Sec. 10.7. Clinical privileges; advanced practice nurses.
| ||||||
22 | All hospitals licensed under this Act shall comply with the | ||||||
23 | following
requirements:
| ||||||
24 | (1) No hospital policy, rule, regulation, or practice
shall |
| |||||||
| |||||||
1 | be inconsistent
with the provision of adequate collaboration, | ||||||
2 | including medical direction of
licensed advanced practice | ||||||
3 | nurses, in accordance with Section 54.5 of the
Medical Practice | ||||||
4 | Act of 1987.
| ||||||
5 | (2) Operative surgical procedures shall be performed only | ||||||
6 | by a physician
licensed to practice medicine in all its | ||||||
7 | branches under the Medical Practice
Act of 1987, a dentist | ||||||
8 | licensed under the Illinois Dental Practice Act, or a
| ||||||
9 | podiatrist licensed under the Podiatric Medical Practice Act of | ||||||
10 | 1987,
with medical staff membership and surgical clinical | ||||||
11 | privileges granted at the
hospital. A licensed physician, | ||||||
12 | dentist, or podiatrist may be assisted by a
physician licensed | ||||||
13 | to practice medicine in all its branches, dentist, dental
| ||||||
14 | assistant, podiatrist, licensed advanced practice nurse, | ||||||
15 | licensed physician
assistant, licensed registered
nurse, | ||||||
16 | licensed practical nurse, surgical
assistant, surgical | ||||||
17 | technician, or other individuals granted clinical
privileges | ||||||
18 | to assist in surgery
at the hospital.
Payment for services | ||||||
19 | rendered by an assistant in surgery who is not a
hospital | ||||||
20 | employee shall be paid
at the appropriate non-physician | ||||||
21 | modifier rate if the payor would have
made payment had the same | ||||||
22 | services been provided by a physician.
| ||||||
23 | (2.5) A registered nurse licensed under the Nursing and | ||||||
24 | Advanced Practice Nursing Act and qualified by training and | ||||||
25 | experience in operating room nursing shall be present in the | ||||||
26 | operating room and function as the circulating nurse during all |
| |||||||
| |||||||
1 | invasive or operative procedures. For purposes of this | ||||||
2 | paragraph (2.5), "circulating nurse" means a registered nurse | ||||||
3 | who is responsible for coordinating all nursing care, patient | ||||||
4 | safety needs, and the needs of the surgical team in the | ||||||
5 | operating room during an invasive or operative procedure.
| ||||||
6 | (3) The anesthesia service shall be under the direction of | ||||||
7 | a physician
licensed to practice
medicine in all its branches | ||||||
8 | who has had specialized preparation or
experience in the area
| ||||||
9 | or who has completed a residency in anesthesiology. An | ||||||
10 | anesthesiologist, Board
certified or Board eligible, is | ||||||
11 | recommended. Anesthesia services may
only be administered | ||||||
12 | pursuant to the order of a physician licensed to practice
| ||||||
13 | medicine in all its branches, licensed dentist, or licensed | ||||||
14 | podiatrist.
| ||||||
15 | (A) The individuals who, with clinical privileges | ||||||
16 | granted at the hospital,
may administer anesthesia | ||||||
17 | services are limited
to the following:
| ||||||
18 | (i) an anesthesiologist; or
| ||||||
19 | (ii) a physician licensed to practice medicine in | ||||||
20 | all its branches; or
| ||||||
21 | (iii) a dentist with authority to administer | ||||||
22 | anesthesia under Section
8.1 of
the Illinois Dental | ||||||
23 | Practice Act; or
| ||||||
24 | (iv) a licensed certified registered nurse | ||||||
25 | anesthetist.
| ||||||
26 | (B) For anesthesia services, an anesthesiologist
shall
|
| |||||||
| |||||||
1 | participate through discussion of and agreement with the | ||||||
2 | anesthesia plan and
shall remain physically present and be
| ||||||
3 | available on
the premises during the delivery of anesthesia | ||||||
4 | services for
diagnosis, consultation, and treatment of | ||||||
5 | emergency medical conditions.
In the absence
of 24-hour | ||||||
6 | availability of
anesthesiologists with medical staff | ||||||
7 | privileges,
an alternate
policy (requiring participation, | ||||||
8 | presence, and availability of a physician
licensed to | ||||||
9 | practice
medicine in all its branches) shall be developed | ||||||
10 | by the medical staff and
licensed
hospital in consultation | ||||||
11 | with the anesthesia service.
| ||||||
12 | (C) A certified registered nurse anesthetist is not | ||||||
13 | required to possess
prescriptive authority or a written | ||||||
14 | collaborative agreement meeting
the requirements of | ||||||
15 | Section 15-15 of the Nursing and Advanced Practice Nursing
| ||||||
16 | Act
to provide anesthesia services
ordered by a licensed | ||||||
17 | physician, dentist, or podiatrist. Licensed certified
| ||||||
18 | registered nurse anesthetists are authorized to
select, | ||||||
19 | order, and
administer drugs and apply the appropriate | ||||||
20 | medical devices in the provision of
anesthesia
services | ||||||
21 | under the anesthesia plan agreed with by the
| ||||||
22 | anesthesiologist or, in the absence of an available | ||||||
23 | anesthesiologist with
clinical privileges,
agreed with by | ||||||
24 | the
operating physician, operating dentist, or operating | ||||||
25 | podiatrist in accordance
with the hospital's alternative | ||||||
26 | policy.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-352, eff. 1-1-04; 94-915, eff. 1-1-07.)
| ||||||
2 | Section 15. The Nursing and Advanced Practice Nursing Act | ||||||
3 | is amended by changing Sections 5-10, 15-25, and 15-50 and by | ||||||
4 | adding Section 5-35 as follows:
| ||||||
5 | (225 ILCS 65/5-10)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
7 | Sec. 5-10. Definitions. Each of the following terms, when | ||||||
8 | used
in this Act, shall have the meaning ascribed to it in this | ||||||
9 | Section, except
where the context clearly indicates otherwise:
| ||||||
10 | (a) "Department" means the Department of Professional | ||||||
11 | Regulation.
| ||||||
12 | (b) "Director" means the Director of Professional
| ||||||
13 | Regulation.
| ||||||
14 | (c) "Board" means the Board of Nursing appointed by the
| ||||||
15 | Director.
| ||||||
16 | (d) "Academic year" means the customary annual schedule of | ||||||
17 | courses at a
college, university, or approved school, | ||||||
18 | customarily regarded as the school
year as distinguished from | ||||||
19 | the calendar year.
| ||||||
20 | (e) "Approved program of professional nursing education" | ||||||
21 | and "approved
program of practical nursing education" are | ||||||
22 | programs of professional or
practical nursing, respectively, | ||||||
23 | approved by the Department under the
provisions of this Act.
| ||||||
24 | (f) "Nursing Act Coordinator" means a registered |
| |||||||
| |||||||
1 | professional nurse
appointed by
the Director to carry out the | ||||||
2 | administrative policies of the
Department.
| ||||||
3 | (g) "Assistant Nursing Act Coordinator" means a registered | ||||||
4 | professional
nurse
appointed by the Director to assist in | ||||||
5 | carrying out the administrative
policies of the Department.
| ||||||
6 | (h) "Registered" is the equivalent of "licensed".
| ||||||
7 | (i) "Practical nurse" or "licensed practical nurse" means a | ||||||
8 | person who is
licensed as a practical nurse under this Act and | ||||||
9 | practices practical
nursing as defined in paragraph (j) of this | ||||||
10 | Section. Only a practical nurse
licensed under this Act is | ||||||
11 | entitled to use the title "licensed practical
nurse" and the | ||||||
12 | abbreviation "L.P.N.".
| ||||||
13 | (j) "Practical nursing" means the performance of
nursing | ||||||
14 | acts requiring the basic nursing knowledge, judgement, and | ||||||
15 | skill
acquired by means of completion of an approved practical | ||||||
16 | nursing education
program. Practical nursing includes | ||||||
17 | assisting in the nursing process as
delegated by and under the | ||||||
18 | direction of a registered professional nurse. The
practical | ||||||
19 | nurse may work under the direction of a licensed physician, | ||||||
20 | dentist,
podiatrist, or other health care professional | ||||||
21 | determined by the Department.
| ||||||
22 | (k) "Registered Nurse" or "Registered Professional Nurse" | ||||||
23 | means a person
who is licensed as a professional nurse under | ||||||
24 | this Act and practices
nursing as defined in paragraph (l) of | ||||||
25 | this Section. Only a registered
nurse licensed under this Act | ||||||
26 | is entitled to use the
titles "registered nurse" and |
| |||||||
| |||||||
1 | "registered professional nurse" and the
abbreviation, "R.N.".
| ||||||
2 | (l) "Registered professional nursing practice" includes | ||||||
3 | all
nursing
specialities and means the performance of any | ||||||
4 | nursing act based upon
professional knowledge, judgment, and | ||||||
5 | skills acquired by means of completion
of an approved | ||||||
6 | registered professional nursing education program. A | ||||||
7 | registered
professional nurse provides nursing care | ||||||
8 | emphasizing the importance of the
whole and the interdependence | ||||||
9 | of its parts through the nursing process
to individuals, | ||||||
10 | groups, families, or communities, that includes but is not
| ||||||
11 | limited to: (1) the assessment of healthcare needs, nursing | ||||||
12 | diagnosis,
planning, implementation, and nursing evaluation; | ||||||
13 | (2) the promotion,
maintenance, and restoration of health; (3) | ||||||
14 | counseling, patient education,
health education, and patient | ||||||
15 | advocacy; (4) the administration of medications
and treatments | ||||||
16 | as prescribed by a physician licensed to practice medicine in
| ||||||
17 | all of its branches, a licensed dentist, a licensed podiatrist, | ||||||
18 | or a licensed
optometrist , a licensed practical nurse, a | ||||||
19 | licensed registered professional nurse, a licensed advanced | ||||||
20 | practice nurse, or as prescribed by a physician assistant in | ||||||
21 | accordance with
written guidelines required under the | ||||||
22 | Physician Assistant Practice Act of 1987
or by an advanced | ||||||
23 | practice nurse in accordance with a written
collaborative | ||||||
24 | agreement required under the Nursing and
Advanced Practice | ||||||
25 | Nursing Act ; (5) the
coordination and management of the nursing | ||||||
26 | plan of care; (6) the delegation to
and supervision of |
| |||||||
| |||||||
1 | individuals who assist the registered professional nurse
| ||||||
2 | implementing the plan of care; and (7) teaching and supervision | ||||||
3 | of nursing
students. The foregoing shall not be deemed to | ||||||
4 | include
those acts of medical diagnosis or prescription of | ||||||
5 | therapeutic or
corrective measures that are properly performed | ||||||
6 | only by
physicians licensed in the State of Illinois.
| ||||||
7 | (m) "Current nursing practice update course" means a | ||||||
8 | planned nursing
education curriculum approved by the | ||||||
9 | Department consisting of activities
that have educational | ||||||
10 | objectives,
instructional methods, content or subject matter, | ||||||
11 | clinical practice, and
evaluation methods, related to basic | ||||||
12 | review and updating content and
specifically planned for those | ||||||
13 | nurses previously licensed in the United
States or its | ||||||
14 | territories and preparing for reentry into nursing
practice.
| ||||||
15 | (n) "Professional assistance program for nurses" means a | ||||||
16 | professional
assistance program that meets criteria | ||||||
17 | established by the Board of Nursing
and approved by the | ||||||
18 | Director, which provides a non-disciplinary treatment
approach | ||||||
19 | for nurses licensed under this Act whose ability to practice is
| ||||||
20 | compromised by alcohol or chemical substance addiction.
| ||||||
21 | (o) "Drugs" has the meaning given to the term in the | ||||||
22 | Pharmacy Practice Act of 1987. | ||||||
23 | (p) "Medicines" has the meaning given to the term in the | ||||||
24 | Pharmacy Practice Act of 1987.
| ||||||
25 | (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98; | ||||||
26 | 90-655, eff.
7-30-98; 90-742, eff. 8-13-98.)
|
| |||||||
| |||||||
1 | (225 ILCS 65/5-35 new) | ||||||
2 | (Section scheduled to be repealed on January 1, 2008) | ||||||
3 | Sec. 5-35. Prescriptive authority. The scope of practice | ||||||
4 | for any practical nurse, registered professional nurse, or | ||||||
5 | advanced practice nurse licensed under this Act shall include | ||||||
6 | the authority to prescribe drugs and medicines.
| ||||||
7 | (225 ILCS 65/15-25)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
9 | Sec. 15-25. Certified registered nurse anesthetists.
| ||||||
10 | (a) A licensed certified registered nurse anesthetist may | ||||||
11 | provide anesthesia
services pursuant to the order of a licensed | ||||||
12 | physician,
licensed dentist, or
licensed podiatrist in a | ||||||
13 | licensed hospital, a licensed ambulatory surgical
treatment | ||||||
14 | center, or the office of a
licensed physician, the office of a | ||||||
15 | licensed dentist, or the office of a
licensed
podiatrist. For
| ||||||
16 | anesthesia services, an anesthesiologist,
physician, dentist,
| ||||||
17 | or podiatrist shall participate through discussion of and | ||||||
18 | agreement with the
anesthesia plan and shall
remain
physically | ||||||
19 | present
and be available on the premises during the delivery of | ||||||
20 | anesthesia services for
diagnosis, consultation, and treatment | ||||||
21 | of
emergency medical conditions, unless hospital policy | ||||||
22 | adopted pursuant to
clause (B) of subdivision (3) of Section | ||||||
23 | 10.7 of the Hospital Licensing Act
or ambulatory surgical | ||||||
24 | treatment center policy adopted pursuant to
clause (B) of |
| |||||||
| |||||||
1 | subdivision (3) of Section 6.5 of the Ambulatory Surgical
| ||||||
2 | Treatment Center Act
provides otherwise.
| ||||||
3 | (b) A certified registered nurse anesthetist who provides | ||||||
4 | anesthesia
services in a hospital shall do so in accordance | ||||||
5 | with Section 10.7 of the
Hospital
Licensing Act and, in an
| ||||||
6 | ambulatory surgical treatment center, in accordance with | ||||||
7 | Section 6.5 of the
Ambulatory
Surgical Treatment Center Act.
| ||||||
8 | (c) A certified registered nurse anesthetist who provides | ||||||
9 | anesthesia
services in a physician office, dental office, or | ||||||
10 | podiatric
office
shall enter into a written
practice agreement
| ||||||
11 | with an
anesthesiologist or the physician licensed to practice | ||||||
12 | medicine in all its
branches, the dentist, or
the podiatrist | ||||||
13 | performing the procedure. The agreement shall describe the
| ||||||
14 | working relationship of the certified registered nurse | ||||||
15 | anesthetist and
anesthesiologist, physician,
dentist, or | ||||||
16 | podiatrist and shall
authorize the categories of care, | ||||||
17 | treatment, or procedures to be
performed by the certified | ||||||
18 | registered nurse anesthetist. In a dentist's
office, the | ||||||
19 | certified
registered nurse anesthetist may only provide those
| ||||||
20 | services the dentist is authorized to provide pursuant to the | ||||||
21 | Illinois Dental
Practice Act and
rules. In a podiatrist's | ||||||
22 | office, the certified registered nurse anesthetist
may
only | ||||||
23 | provide those services the podiatrist is
authorized to provide | ||||||
24 | pursuant to the Podiatric Medical Practice Act of 1987
and | ||||||
25 | rules. For
anesthesia services, an anesthesiologist,
| ||||||
26 | physician, dentist,
or podiatrist shall participate through |
| |||||||
| |||||||
1 | discussion of and agreement with the
anesthesia plan and shall
| ||||||
2 | remain
physically present
and be available on the premises | ||||||
3 | during the delivery of anesthesia services
for diagnosis, | ||||||
4 | consultation, and treatment of
emergency medical conditions.
| ||||||
5 | (d) A certified registered nurse anesthetist is not | ||||||
6 | required to possess
prescriptive authority or a written | ||||||
7 | collaborative agreement meeting the
requirements of Section | ||||||
8 | 15-15 to provide
anesthesia services ordered by a licensed | ||||||
9 | physician,
dentist, or podiatrist. Certified registered nurse | ||||||
10 | anesthetists are
authorized to select, order, and administer | ||||||
11 | drugs and apply
the appropriate medical devices in the | ||||||
12 | provision of
anesthesia services under the
anesthesia plan | ||||||
13 | agreed with by the anesthesiologist
or the
physician in | ||||||
14 | accordance with hospital alternative policy
or the medical | ||||||
15 | staff consulting committee
policies of a licensed ambulatory | ||||||
16 | surgical
treatment center. In a physician's office, dentist's | ||||||
17 | office, or podiatrist's
office, the anesthesiologist, | ||||||
18 | operating physician, operating
dentist, or operating | ||||||
19 | podiatrist shall agree with the anesthesia plan, in
accordance | ||||||
20 | with the written practice agreement.
| ||||||
21 | (e) (Blank).
A certified registered nurse anesthetist may | ||||||
22 | be delegated limited
prescriptive authority under Section
| ||||||
23 | 15-20 in a written collaborative agreement meeting the | ||||||
24 | requirements of Section
15-15.
| ||||||
25 | (Source: P.A. 91-414, eff. 8-6-99.)
|
| |||||||
| |||||||
1 | (225 ILCS 65/15-50)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 15-50. Grounds for disciplinary action.
| ||||||
4 | (a) The Department may, upon the recommendation of the APN | ||||||
5 | Board, refuse to
issue or to
renew, or may revoke, suspend, | ||||||
6 | place on probation, censure or
reprimand, or take other | ||||||
7 | disciplinary action as the Department may deem
appropriate with
| ||||||
8 | regard to
a license issued under this Title,
including the | ||||||
9 | issuance of fines not to exceed
$5,000 for each violation, for | ||||||
10 | any one or combination of the
grounds for discipline set forth | ||||||
11 | in Section 10-45 of this Act or
for any one or combination of | ||||||
12 | the following causes:
| ||||||
13 | (1) Gross negligence in the practice of advanced | ||||||
14 | practice nursing.
| ||||||
15 | (2) Exceeding the terms of a collaborative agreement or | ||||||
16 | the prescriptive
authority
delegated to him or her by his | ||||||
17 | or her collaborating physician or alternate
collaborating
| ||||||
18 | physician in guidelines established under a written | ||||||
19 | collaborative agreement .
| ||||||
20 | (3) Making a false or misleading statement regarding | ||||||
21 | his or her skill or
the
efficacy or
value of the medicine, | ||||||
22 | treatment, or remedy prescribed by him or her in the
course | ||||||
23 | of treatment.
| ||||||
24 | (4) Prescribing, selling, administering, distributing, | ||||||
25 | giving, or
self-administering a drug
classified as a | ||||||
26 | controlled substance (designated product) or narcotic for |
| |||||||
| |||||||
1 | other
than medically
accepted therapeutic purposes.
| ||||||
2 | (5) Promotion of the sale of drugs, devices, | ||||||
3 | appliances, or goods provided
for
a patient
in a manner to | ||||||
4 | exploit the patient for financial gain.
| ||||||
5 | (6) Violating State or federal laws or regulations | ||||||
6 | relating to controlled
substances.
| ||||||
7 | (7) Willfully or negligently violating the | ||||||
8 | confidentiality between
advanced
practice
nurse, | ||||||
9 | collaborating physician, and patient, except as required | ||||||
10 | by law.
| ||||||
11 | (8) Failure of a licensee to report to the Department | ||||||
12 | any adverse final
action
taken
against such licensee by | ||||||
13 | another licensing jurisdiction (any other jurisdiction
of | ||||||
14 | the United
States or any foreign state or country), any | ||||||
15 | peer review body, any health
care institution,
a | ||||||
16 | professional or nursing or advanced practice nursing | ||||||
17 | society or association,
a governmental
agency, a law | ||||||
18 | enforcement agency, or a court or a liability claim | ||||||
19 | relating to
acts or conduct
similar to acts or conduct that | ||||||
20 | would constitute grounds for action as defined
in this | ||||||
21 | Section.
| ||||||
22 | (9) Failure of a licensee to report to the Department | ||||||
23 | surrender by the
licensee
of a
license or authorization to | ||||||
24 | practice nursing or advanced practice nursing in
another | ||||||
25 | state or
jurisdiction, or current surrender by the licensee | ||||||
26 | of membership on any nursing
staff or
organized health care |
| |||||||
| |||||||
1 | professional staff or in any nursing, advanced practice
| ||||||
2 | nurse, or
professional association or society while under | ||||||
3 | disciplinary investigation by
any of those
authorities or | ||||||
4 | bodies for acts or conduct similar to acts or conduct that | ||||||
5 | would
constitute
grounds for action as defined in this | ||||||
6 | Section.
| ||||||
7 | (10) Failing, within 60 days, to provide information in | ||||||
8 | response to a
written request
made by the Department.
| ||||||
9 | (11) Failure to establish and maintain records of | ||||||
10 | patient care and
treatment as required
by law.
| ||||||
11 | (12) Any violation of any Section of this Title or Act.
| ||||||
12 | When the Department has received written
reports | ||||||
13 | concerning incidents required to be reported in
items (8) and | ||||||
14 | (9), the licensee's failure to report the incident to the
| ||||||
15 | Department under those items shall not be the sole
grounds for | ||||||
16 | disciplinary action.
| ||||||
17 | (b) The Department may refuse to issue or may suspend the | ||||||
18 | license of any
person who fails to file a return, to pay the | ||||||
19 | tax, penalty, or interest shown
in a filed return, or to pay | ||||||
20 | any final assessment of the tax, penalty, or
interest as | ||||||
21 | required by a tax Act administered by the Department of | ||||||
22 | Revenue,
until the requirements of the tax Act are satisfied.
| ||||||
23 | (c) In enforcing this Section, the Department or APN Board, | ||||||
24 | upon a showing
of a possible violation, may compel an | ||||||
25 | individual licensed to practice under
this Title, or who has | ||||||
26 | applied for licensure under this Title, to submit to a
mental |
| |||||||
| |||||||
1 | or physical examination or both, as required by and at the | ||||||
2 | expense of
the Department. The Department or APN Board may | ||||||
3 | order the examining physician
to present testimony concerning | ||||||
4 | the mental or physical examination of the
licensee or | ||||||
5 | applicant. No information shall be excluded by reason of any
| ||||||
6 | common law or statutory privilege relating to communications | ||||||
7 | between the
licensee or applicant and the examining physician. | ||||||
8 | The examining physician
shall be specifically designated by the | ||||||
9 | APN Board or Department. The
individual to be examined may | ||||||
10 | have, at his or her own expense, another
physician of his or | ||||||
11 | her choice present during all aspects of this examination.
| ||||||
12 | Failure of an individual to submit to a mental or physical | ||||||
13 | examination when
directed shall be grounds for suspension of | ||||||
14 | his or her license until the
individual submits to the | ||||||
15 | examination if the Department finds, after notice and
hearing, | ||||||
16 | that the refusal to submit to the examination was without | ||||||
17 | reasonable
cause.
| ||||||
18 | If the Department or APN Board finds an individual unable | ||||||
19 | to practice
because of the reasons set forth in this Section, | ||||||
20 | the Department or APN Board
may require that individual to | ||||||
21 | submit to care, counseling, or treatment by
physicians approved | ||||||
22 | or designated by the Department or APN Board as a
condition, | ||||||
23 | term, or restriction for continued, reinstated, or renewed | ||||||
24 | licensure
to practice; or, in lieu of care, counseling, or | ||||||
25 | treatment, the Department may
file, or the APN Board may | ||||||
26 | recommend to the Department to file, a complaint to
immediately |
| |||||||
| |||||||
1 | suspend, revoke, or otherwise discipline the license of the
| ||||||
2 | individual. An individual whose license was granted, | ||||||
3 | continued, reinstated,
renewed, disciplined or supervised | ||||||
4 | subject to terms, conditions, or
restrictions, and who fails to | ||||||
5 | comply with the terms, conditions, or
restrictions, shall be | ||||||
6 | referred to the Director for a determination as to
whether the | ||||||
7 | individual shall have his or her license suspended immediately,
| ||||||
8 | pending a hearing by the Department.
| ||||||
9 | In instances in which the Director immediately suspends a | ||||||
10 | person's license
under this Section, a hearing on that person's | ||||||
11 | license shall be convened by the
Department within 15 days | ||||||
12 | after the suspension and shall be completed without
appreciable | ||||||
13 | delay. The Department and APN Board shall have the authority to
| ||||||
14 | review the subject individual's record of treatment and | ||||||
15 | counseling regarding
the impairment to the extent permitted by | ||||||
16 | applicable federal statutes and
regulations safeguarding the | ||||||
17 | confidentiality of medical records.
| ||||||
18 | An individual licensed under this Title and affected under | ||||||
19 | this Section shall
be afforded an opportunity to demonstrate to | ||||||
20 | the Department or APN Board that
he or she can resume practice | ||||||
21 | in compliance with acceptable and prevailing
standards under | ||||||
22 | the provisions of his or her license.
| ||||||
23 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
24 | (225 ILCS 65/15-20 rep.)
| ||||||
25 | Section 20. The Nursing and Advanced Practice Nursing Act |
| |||||||
| |||||||
1 | is amended by repealing Section 15-20. | ||||||
2 | Section 25. The Pharmacy Practice Act of 1987 is amended by | ||||||
3 | changing Sections 3 and 4 as follows:
| ||||||
4 | (225 ILCS 85/3) (from Ch. 111, par. 4123)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
6 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
7 | where otherwise
limited therein:
| ||||||
8 | (a) "Pharmacy" or "drugstore" means and includes every | ||||||
9 | store, shop,
pharmacy department, or other place where | ||||||
10 | pharmaceutical care is
provided
by a pharmacist (1) where | ||||||
11 | drugs, medicines, or poisons are
dispensed, sold or
offered for | ||||||
12 | sale at retail, or displayed for sale at retail; or
(2)
where
| ||||||
13 | prescriptions of physicians, dentists, veterinarians, | ||||||
14 | podiatrists, or
therapeutically certified optometrists, within | ||||||
15 | the limits of their
licenses, are
compounded, filled, or | ||||||
16 | dispensed; or (3) which has upon it or
displayed within
it, or | ||||||
17 | affixed to or used in connection with it, a sign bearing the | ||||||
18 | word or
words "Pharmacist", "Druggist", "Pharmacy", | ||||||
19 | "Pharmaceutical
Care", "Apothecary", "Drugstore",
"Medicine | ||||||
20 | Store", "Prescriptions", "Drugs", "Medicines", or any word
or | ||||||
21 | words of similar or like import, either in the English language
| ||||||
22 | or any other language; or (4) where the characteristic | ||||||
23 | prescription
sign (Rx) or similar design is exhibited; or (5) | ||||||
24 | any store, or
shop,
or other place with respect to which any of |
| |||||||
| |||||||
1 | the above words, objects,
signs or designs are used in any | ||||||
2 | advertisement.
| ||||||
3 | (b) "Drugs" means and includes (l) articles recognized
in | ||||||
4 | the official United States Pharmacopoeia/National Formulary | ||||||
5 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
6 | having for their
main use the diagnosis, cure, mitigation, | ||||||
7 | treatment or prevention of
disease in man or other animals, as | ||||||
8 | approved by the United States Food and
Drug Administration, but | ||||||
9 | does not include devices or their components, parts,
or | ||||||
10 | accessories; and (2) all other articles intended
for and having | ||||||
11 | for their main use the diagnosis, cure, mitigation,
treatment | ||||||
12 | or prevention of disease in man or other animals, as approved
| ||||||
13 | by the United States Food and Drug Administration, but does not | ||||||
14 | include
devices or their components, parts, or accessories; and | ||||||
15 | (3) articles
(other than food) having for their main use and | ||||||
16 | intended
to affect the structure or any function of the body of | ||||||
17 | man or other
animals; and (4) articles having for their main | ||||||
18 | use and intended
for use as a component or any articles | ||||||
19 | specified in clause (l), (2)
or (3); but does not include | ||||||
20 | devices or their components, parts or
accessories.
| ||||||
21 | (c) "Medicines" means and includes all drugs intended for
| ||||||
22 | human or veterinary use approved by the United States Food and | ||||||
23 | Drug
Administration.
| ||||||
24 | (d) "Practice of pharmacy" means the provision of | ||||||
25 | pharmaceutical care to
patients as determined by the | ||||||
26 | pharmacist's professional judgment in the
following areas,
|
| |||||||
| |||||||
1 | which may include but are not limited to (1) patient
| ||||||
2 | counseling, (2)
interpretation and assisting in the monitoring | ||||||
3 | of appropriate drug use and
prospective drug utilization | ||||||
4 | review, (3) providing information on the
therapeutic values, | ||||||
5 | reactions, drug interactions, side effects, uses, selection
of | ||||||
6 | medications and medical devices, and outcome of drug therapy, | ||||||
7 | (4)
participation in drug selection, drug monitoring, drug | ||||||
8 | utilization review,
evaluation, administration, | ||||||
9 | interpretation, application of
pharmacokinetic and
laboratory | ||||||
10 | data to design safe and effective drug
regimens, (5) drug | ||||||
11 | research
(clinical and scientific), and (6) compounding and | ||||||
12 | dispensing of drugs and medical
devices.
| ||||||
13 | (e) "Prescription" means and includes any written, oral, | ||||||
14 | facsimile, or
electronically transmitted order for drugs
or | ||||||
15 | medical devices, issued by a physician licensed to practice | ||||||
16 | medicine in
all its branches, dentist, veterinarian, or | ||||||
17 | podiatrist, or therapeutically
certified
optometrist, | ||||||
18 | practical nurse, registered professional nurse, or advanced | ||||||
19 | practice nurse, within the
limits of their licenses, or by a | ||||||
20 | physician assistant in accordance with
subsection (f) of | ||||||
21 | Section 4, or by an advanced practice nurse in
accordance with | ||||||
22 | subsection (g) of Section 4, containing the
following: (l) name
| ||||||
23 | of the patient; (2) date when prescription was issued; (3) name
| ||||||
24 | and strength of drug or description of the medical device | ||||||
25 | prescribed;
and (4) quantity, (5) directions for use, (6) | ||||||
26 | prescriber's name,
address
and signature, and (7) DEA number |
| |||||||
| |||||||
1 | where required, for controlled
substances.
DEA numbers shall | ||||||
2 | not be required on inpatient drug orders.
| ||||||
3 | (f) "Person" means and includes a natural person, | ||||||
4 | copartnership,
association, corporation, government entity, or | ||||||
5 | any other legal
entity.
| ||||||
6 | (g) "Department" means the Department of Professional | ||||||
7 | Regulation.
| ||||||
8 | (h) "Board of Pharmacy" or "Board" means the State Board
of | ||||||
9 | Pharmacy of the Department of Professional Regulation.
| ||||||
10 | (i) "Director" means the Director of Professional | ||||||
11 | Regulation.
| ||||||
12 | (j) "Drug product selection" means the interchange for a
| ||||||
13 | prescribed pharmaceutical product in accordance with Section | ||||||
14 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
15 | Cosmetic Act.
| ||||||
16 | (k) "Inpatient drug order" means an order issued by an | ||||||
17 | authorized
prescriber for a resident or patient of a facility | ||||||
18 | licensed under the
Nursing Home Care Act or the Hospital | ||||||
19 | Licensing Act, or "An Act in relation to
the founding and | ||||||
20 | operation of the University of Illinois Hospital and the
| ||||||
21 | conduct of University of Illinois health care programs", | ||||||
22 | approved July 3, 1931,
as amended, or a facility which is | ||||||
23 | operated by the Department of Human
Services (as successor to | ||||||
24 | the Department of Mental Health
and Developmental | ||||||
25 | Disabilities) or the Department of Corrections.
| ||||||
26 | (k-5) "Pharmacist" means an individual health care |
| |||||||
| |||||||
1 | professional and
provider currently licensed by this State to | ||||||
2 | engage in the practice of
pharmacy.
| ||||||
3 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
4 | whose name appears
on a pharmacy license and who is responsible | ||||||
5 | for all aspects of the
operation related to the practice of | ||||||
6 | pharmacy.
| ||||||
7 | (m) "Dispense" means the delivery of drugs and medical | ||||||
8 | devices, in
accordance with applicable State and federal laws | ||||||
9 | and regulations, to the
patient or the patient's representative | ||||||
10 | authorized to receive these products,
including the | ||||||
11 | preparation, compounding, packaging, and labeling necessary | ||||||
12 | for delivery, computer entry, and verification of medication | ||||||
13 | orders and prescriptions, and
any recommending or advising | ||||||
14 | concerning the contents and therapeutic values and
uses | ||||||
15 | thereof. "Dispense" does not mean the physical delivery to a | ||||||
16 | patient or a
patient's representative in a home or institution | ||||||
17 | by a designee of a pharmacist
or by common carrier. "Dispense" | ||||||
18 | also does not mean the physical delivery
of a drug or medical | ||||||
19 | device to a patient or patient's representative by a
| ||||||
20 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
21 | pharmacist is
on duty and the pharmacy is open.
| ||||||
22 | (n) "Mail-order pharmacy" means a pharmacy that is located | ||||||
23 | in a state
of the United States, other than Illinois, that | ||||||
24 | delivers, dispenses or
distributes, through the United States | ||||||
25 | Postal Service or other common
carrier, to Illinois residents, | ||||||
26 | any substance which requires a prescription.
|
| |||||||
| |||||||
1 | (o) "Compounding" means the preparation, mixing, | ||||||
2 | assembling,
packaging, or labeling of a drug or medical device: | ||||||
3 | (1) as the result of a
practitioner's prescription drug order | ||||||
4 | or initiative that is dispensed pursuant
to a prescription in | ||||||
5 | the course of professional practice; or (2) for the
purpose of, | ||||||
6 | or incident to, research, teaching, or chemical analysis; or | ||||||
7 | (3) in anticipation of prescription drug orders
based on | ||||||
8 | routine, regularly observed prescribing patterns.
| ||||||
9 | (p) "Confidential information" means information,
| ||||||
10 | maintained by the
pharmacist in the patient's records, released | ||||||
11 | only (i) to the patient or,
as the patient directs, to other | ||||||
12 | practitioners and other pharmacists or (ii)
to any other person | ||||||
13 | authorized by law to receive the
information.
| ||||||
14 | (q) "Prospective drug review" or "drug utilization | ||||||
15 | evaluation" means a
screening for potential drug therapy | ||||||
16 | problems due to
therapeutic duplication, drug-disease | ||||||
17 | contraindications, drug-drug
interactions (including serious | ||||||
18 | interactions with nonprescription or
over-the-counter drugs), | ||||||
19 | drug-food interactions, incorrect drug dosage
or duration of | ||||||
20 | drug
treatment, drug-allergy interactions, and clinical abuse | ||||||
21 | or misuse.
| ||||||
22 | (r) "Patient counseling" means the communication between a | ||||||
23 | pharmacist or
a student pharmacist under the direct supervision | ||||||
24 | of a pharmacist and a
patient or the patient's representative | ||||||
25 | about the patient's medication or
device for the purpose of | ||||||
26 | optimizing proper use of prescription medications
or devices. |
| |||||||
| |||||||
1 | The offer to counsel by the pharmacist or the pharmacist's
| ||||||
2 | designee, and subsequent patient counseling by the pharmacist | ||||||
3 | or student
pharmacist, shall be made in a face-to-face | ||||||
4 | communication with the patient
or patient's representative | ||||||
5 | unless, in the professional judgment of the
pharmacist, a | ||||||
6 | face-to-face communication is deemed inappropriate or
| ||||||
7 | unnecessary. In that instance, the offer to counsel or patient | ||||||
8 | counseling may
be made in a written communication, by | ||||||
9 | telephone, or in a manner determined by
the pharmacist to be | ||||||
10 | appropriate.
| ||||||
11 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
12 | means the
obtaining, recording, and maintenance of patient | ||||||
13 | prescription
information, including prescriptions for | ||||||
14 | controlled substances, and
personal information.
| ||||||
15 | (t) "Pharmaceutical care" includes, but is not limited to, | ||||||
16 | the act of
monitoring drug use and other patient care services | ||||||
17 | intended to achieve
outcomes that improve the patient's quality | ||||||
18 | of life but shall not include
the sale of over-the-counter | ||||||
19 | drugs by a seller of goods and services who
does not dispense | ||||||
20 | prescription drugs.
| ||||||
21 | (u) "Medical device" means an instrument, apparatus, | ||||||
22 | implement, machine,
contrivance, implant, in vitro reagent, or | ||||||
23 | other similar or related article,
including any component part | ||||||
24 | or accessory, required under federal law to
bear the label | ||||||
25 | "Caution: Federal law requires dispensing by or on the order
of | ||||||
26 | a physician". A seller of goods and services who, only for the |
| |||||||
| |||||||
1 | purpose of
retail sales, compounds, sells, rents, or leases | ||||||
2 | medical devices shall not,
by reasons thereof, be required to | ||||||
3 | be a licensed pharmacy.
| ||||||
4 | (v) "Unique identifier" means an electronic signature, | ||||||
5 | handwritten
signature or initials, thumb print, or other | ||||||
6 | acceptable individual biometric
or electronic identification | ||||||
7 | process as approved by the Department.
| ||||||
8 | (w) "Current usual and customary retail price" means the | ||||||
9 | actual price that a pharmacy charges a retail purchaser.
| ||||||
10 | (Source: P.A. 93-571, eff. 8-20-03; 93-1075, eff. 1-18-05; | ||||||
11 | 94-459, eff. 1-1-06.)
| ||||||
12 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
14 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
15 | this Act shall
apply
to, or in any manner interfere with:
| ||||||
16 | (a) the lawful practice of any physician licensed to | ||||||
17 | practice medicine in
all of its branches, dentist, podiatrist,
| ||||||
18 | veterinarian, or therapeutically or diagnostically certified | ||||||
19 | optometrist within
the limits of
his or her license, or prevent | ||||||
20 | him or her from
supplying to his
or her
bona fide patients
such | ||||||
21 | drugs, medicines, or poisons as may seem to him appropriate;
| ||||||
22 | (b) the sale of compressed gases;
| ||||||
23 | (c) the sale of patent or proprietary medicines and | ||||||
24 | household remedies
when sold in original and unbroken packages | ||||||
25 | only, if such patent or
proprietary medicines and household |
| |||||||
| |||||||
1 | remedies be properly and adequately
labeled as to content and | ||||||
2 | usage and generally considered and accepted
as harmless and | ||||||
3 | nonpoisonous when used according to the directions
on the | ||||||
4 | label, and also do not contain opium or coca leaves, or any
| ||||||
5 | compound, salt or derivative thereof, or any drug which, | ||||||
6 | according
to the latest editions of the following authoritative | ||||||
7 | pharmaceutical
treatises and standards, namely, The United | ||||||
8 | States Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
9 | States Dispensatory, and the Accepted
Dental Remedies of the | ||||||
10 | Council of Dental Therapeutics of the American
Dental | ||||||
11 | Association or any or either of them, in use on the effective
| ||||||
12 | date of this Act, or according to the existing provisions of | ||||||
13 | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||||||
14 | Department of Health
and Human Services, Food and Drug | ||||||
15 | Administration, promulgated thereunder
now in effect, is | ||||||
16 | designated, described or considered as a narcotic,
hypnotic, | ||||||
17 | habit forming, dangerous, or poisonous drug;
| ||||||
18 | (d) the sale of poultry and livestock remedies in original | ||||||
19 | and unbroken
packages only, labeled for poultry and livestock | ||||||
20 | medication;
| ||||||
21 | (e) the sale of poisonous substances or mixture of | ||||||
22 | poisonous substances,
in unbroken packages, for nonmedicinal | ||||||
23 | use in the arts or industries
or for insecticide purposes; | ||||||
24 | provided, they are properly and adequately
labeled as to | ||||||
25 | content and such nonmedicinal usage, in conformity
with the | ||||||
26 | provisions of all applicable federal, state and local laws
and |
| |||||||
| |||||||
1 | regulations promulgated thereunder now in effect relating | ||||||
2 | thereto
and governing the same, and those which are required | ||||||
3 | under such applicable
laws and regulations to be labeled with | ||||||
4 | the word "Poison", are also labeled
with the word "Poison" | ||||||
5 | printed
thereon in prominent type and the name of a readily | ||||||
6 | obtainable antidote
with directions for its administration;
| ||||||
7 | (f) the delegation of limited prescriptive authority by a | ||||||
8 | physician
licensed to
practice medicine in all its branches to | ||||||
9 | a physician assistant
under Section 7.5 of the Physician | ||||||
10 | Assistant Practice Act of 1987. This
delegated authority may | ||||||
11 | but is not required to include prescription of
Schedule III, | ||||||
12 | IV, or V controlled substances, as defined in Article II of the
| ||||||
13 | Illinois Controlled Substances Act, in accordance with written | ||||||
14 | guidelines
under Section 7.5 of the Physician Assistant | ||||||
15 | Practice Act of 1987; and
| ||||||
16 | (g) (Blank).
The delegation of limited prescriptive | ||||||
17 | authority by a physician
licensed to practice medicine in all | ||||||
18 | its branches to an advanced practice
nurse in accordance with a | ||||||
19 | written collaborative
agreement under Sections 15-15 and 15-20 | ||||||
20 | of the Nursing and Advanced
Practice Nursing Act. This | ||||||
21 | delegated authority may but is not required to
include the | ||||||
22 | prescription of Schedule III, IV, or V controlled substances as
| ||||||
23 | defined
in Article II of the Illinois Controlled Substances | ||||||
24 | Act.
| ||||||
25 | (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
| ||||||
26 | 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
|
| |||||||
| |||||||
1 | Section 30. The Sexual Assault Survivors Emergency | ||||||
2 | Treatment Act is amended by changing Section 2.2 as follows:
| ||||||
3 | (410 ILCS 70/2.2)
| ||||||
4 | Sec. 2.2. Emergency contraception.
| ||||||
5 | (a) The General Assembly finds:
| ||||||
6 | (1) Crimes of sexual violence cause significant | ||||||
7 | physical, emotional, and
psychological trauma to the | ||||||
8 | victims. This trauma is compounded by a victim's
fear of | ||||||
9 | becoming pregnant and bearing a child as a result of the | ||||||
10 | sexual
assault.
| ||||||
11 | (2) Each year over 32,000 women become pregnant in the | ||||||
12 | United States as
the result of rape and
approximately 50% | ||||||
13 | of these pregnancies end in abortion.
| ||||||
14 | (3) As approved for use by the Federal Food and Drug | ||||||
15 | Administration (FDA),
emergency contraception can | ||||||
16 | significantly reduce the risk of pregnancy if taken
within | ||||||
17 | 72 hours after the sexual assault.
| ||||||
18 | (4) By providing emergency contraception to rape | ||||||
19 | victims in a timely
manner, the trauma of rape can be | ||||||
20 | significantly reduced.
| ||||||
21 | (b) Within 120 days after the effective date of this | ||||||
22 | amendatory Act of the
92nd General Assembly, every hospital | ||||||
23 | providing services to alleged sexual
assault survivors in | ||||||
24 | accordance with a plan approved under Section 2 must
develop a |
| |||||||
| |||||||
1 | protocol that ensures that each survivor of sexual
assault will | ||||||
2 | receive medically and factually accurate and written and oral
| ||||||
3 | information about emergency contraception; the indications and
| ||||||
4 | counter-indications and risks associated with the use of | ||||||
5 | emergency
contraception;
and a description of how and when | ||||||
6 | victims may be provided emergency
contraception upon
the | ||||||
7 | written order of a physician licensed to practice medicine
in | ||||||
8 | all its branches, a practical nurse, a registered professional | ||||||
9 | nurse, an advanced practice nurse who has a written | ||||||
10 | collaborative agreement with a collaborating physician that | ||||||
11 | authorizes prescription of emergency contraception , or a | ||||||
12 | physician assistant who has been delegated authority to | ||||||
13 | prescribe emergency contraception. The Department shall | ||||||
14 | approve the protocol if it finds
that the implementation of the | ||||||
15 | protocol would provide sufficient protection
for survivors of | ||||||
16 | an alleged sexual assault.
| ||||||
17 | The hospital shall implement the protocol upon approval by | ||||||
18 | the Department.
The Department shall adopt rules and | ||||||
19 | regulations establishing one or more safe
harbor protocols and | ||||||
20 | setting minimum acceptable protocol standards that
hospitals | ||||||
21 | may develop and implement. The Department shall approve any | ||||||
22 | protocol
that meets those standards. The Department may provide | ||||||
23 | a sample acceptable
protocol upon request.
| ||||||
24 | (Source: P.A. 92-156, eff. 1-1-02; 93-962, eff. 8-20-04.)
| ||||||
25 | Section 35. The Illinois Controlled Substances Act is |
| |||||||
| |||||||
1 | amended by changing Sections 102 and 303.05 as follows: | ||||||
2 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
3 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
4 | context
otherwise requires:
| ||||||
5 | (a) "Addict" means any person who habitually uses any drug, | ||||||
6 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
7 | to endanger the public
morals, health, safety or welfare or who | ||||||
8 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
9 | substance other than alcohol as to have lost
the power of self | ||||||
10 | control with reference to his addiction.
| ||||||
11 | (b) "Administer" means the direct application of a | ||||||
12 | controlled
substance, whether by injection, inhalation, | ||||||
13 | ingestion, or any other
means, to the body of a patient, | ||||||
14 | research subject, or animal (as
defined by the Humane | ||||||
15 | Euthanasia in Animal Shelters Act) by:
| ||||||
16 | (1) a practitioner (or, in his presence, by his | ||||||
17 | authorized agent),
| ||||||
18 | (2) the patient or research subject at the lawful | ||||||
19 | direction of the
practitioner, or
| ||||||
20 | (3) a euthanasia technician as defined by the Humane | ||||||
21 | Euthanasia in
Animal Shelters Act.
| ||||||
22 | (c) "Agent" means an authorized person who acts on behalf | ||||||
23 | of or at
the direction of a manufacturer, distributor, or | ||||||
24 | dispenser. It does not
include a common or contract carrier, | ||||||
25 | public warehouseman or employee of
the carrier or warehouseman.
|
| |||||||
| |||||||
1 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
2 | substance,
chemically and pharmacologically related to | ||||||
3 | testosterone (other than
estrogens, progestins, and | ||||||
4 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
5 | (i) boldenone,
| ||||||
6 | (ii) chlorotestosterone,
| ||||||
7 | (iii) chostebol,
| ||||||
8 | (iv) dehydrochlormethyltestosterone,
| ||||||
9 | (v) dihydrotestosterone,
| ||||||
10 | (vi) drostanolone,
| ||||||
11 | (vii) ethylestrenol,
| ||||||
12 | (viii) fluoxymesterone,
| ||||||
13 | (ix) formebulone,
| ||||||
14 | (x) mesterolone,
| ||||||
15 | (xi) methandienone,
| ||||||
16 | (xii) methandranone,
| ||||||
17 | (xiii) methandriol,
| ||||||
18 | (xiv) methandrostenolone,
| ||||||
19 | (xv) methenolone,
| ||||||
20 | (xvi) methyltestosterone,
| ||||||
21 | (xvii) mibolerone,
| ||||||
22 | (xviii) nandrolone,
| ||||||
23 | (xix) norethandrolone,
| ||||||
24 | (xx) oxandrolone,
| ||||||
25 | (xxi) oxymesterone,
| ||||||
26 | (xxii) oxymetholone,
|
| |||||||
| |||||||
1 | (xxiii) stanolone,
| ||||||
2 | (xxiv) stanozolol,
| ||||||
3 | (xxv) testolactone,
| ||||||
4 | (xxvi) testosterone,
| ||||||
5 | (xxvii) trenbolone, and
| ||||||
6 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
7 | substance described
or listed in this paragraph, if | ||||||
8 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
9 | Any person who is otherwise lawfully in possession of an | ||||||
10 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
11 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
12 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
13 | expressly intended for and lawfully allowed to be
administered | ||||||
14 | through implants to livestock or other nonhuman species, and
| ||||||
15 | which is approved by the Secretary of Health and Human Services | ||||||
16 | for such
administration, and which the person intends to | ||||||
17 | administer or have
administered through such implants, shall | ||||||
18 | not be considered to be in
unauthorized possession or to | ||||||
19 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
20 | possess with intent to deliver such anabolic steroid for
| ||||||
21 | purposes of this Act.
| ||||||
22 | (d) "Administration" means the Drug Enforcement | ||||||
23 | Administration,
United States Department of Justice, or its | ||||||
24 | successor agency.
| ||||||
25 | (e) "Control" means to add a drug or other substance, or | ||||||
26 | immediate
precursor, to a Schedule under Article II of this Act |
| |||||||
| |||||||
1 | whether by
transfer from another Schedule or otherwise.
| ||||||
2 | (f) "Controlled Substance" means a drug, substance, or | ||||||
3 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
4 | (g) "Counterfeit substance" means a controlled substance, | ||||||
5 | which, or
the container or labeling of which, without | ||||||
6 | authorization bears the
trademark, trade name, or other | ||||||
7 | identifying mark, imprint, number or
device, or any likeness | ||||||
8 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
9 | than the person who in fact manufactured, distributed,
or | ||||||
10 | dispensed the substance.
| ||||||
11 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
12 | or
attempted transfer of possession of a controlled substance, | ||||||
13 | with or
without consideration, whether or not there is an | ||||||
14 | agency relationship.
| ||||||
15 | (i) "Department" means the Illinois Department of Human | ||||||
16 | Services (as
successor to the Department of Alcoholism and | ||||||
17 | Substance Abuse) or its successor agency.
| ||||||
18 | (j) "Department of State Police" means the Department of | ||||||
19 | State
Police of the State of Illinois or its successor agency.
| ||||||
20 | (k) "Department of Corrections" means the Department of | ||||||
21 | Corrections
of the State of Illinois or its successor agency.
| ||||||
22 | (l) "Department of Professional Regulation" means the | ||||||
23 | Department
of Professional Regulation of the State of Illinois | ||||||
24 | or its successor agency.
| ||||||
25 | (m) "Depressant" or "stimulant substance" means:
| ||||||
26 | (1) a drug which contains any quantity of (i) |
| |||||||
| |||||||
1 | barbituric acid or
any of the salts of barbituric acid | ||||||
2 | which has been designated as habit
forming under section | ||||||
3 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
4 | U.S.C. 352 (d)); or
| ||||||
5 | (2) a drug which contains any quantity of (i) | ||||||
6 | amphetamine or
methamphetamine and any of their optical | ||||||
7 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
8 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
9 | substance which the Department, after
investigation, has | ||||||
10 | found to be, and by rule designated as, habit forming
| ||||||
11 | because of its depressant or stimulant effect on the | ||||||
12 | central nervous
system; or
| ||||||
13 | (3) lysergic acid diethylamide; or
| ||||||
14 | (4) any drug which contains any quantity of a substance | ||||||
15 | which the
Department, after investigation, has found to | ||||||
16 | have, and by rule
designated as having, a potential for | ||||||
17 | abuse because of its depressant or
stimulant effect on the | ||||||
18 | central nervous system or its hallucinogenic
effect.
| ||||||
19 | (n) (Blank).
| ||||||
20 | (o) "Director" means the Director of the Department of | ||||||
21 | State Police or
the Department of Professional Regulation or | ||||||
22 | his designated agents.
| ||||||
23 | (p) "Dispense" means to deliver a controlled substance to | ||||||
24 | an
ultimate user or research subject by or pursuant to the | ||||||
25 | lawful order of
a prescriber, including the prescribing, | ||||||
26 | administering, packaging,
labeling, or compounding necessary |
| |||||||
| |||||||
1 | to prepare the substance for that
delivery.
| ||||||
2 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
3 | (r) "Distribute" means to deliver, other than by | ||||||
4 | administering or
dispensing, a controlled substance.
| ||||||
5 | (s) "Distributor" means a person who distributes.
| ||||||
6 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
7 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
8 | Pharmacopoeia of the
United States, or official National | ||||||
9 | Formulary, or any supplement to any
of them; (2) substances | ||||||
10 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
11 | prevention of disease in man or animals; (3) substances
(other | ||||||
12 | than food) intended to affect the structure of any function of
| ||||||
13 | the body of man or animals and (4) substances intended for use | ||||||
14 | as a
component of any article specified in clause (1), (2), or | ||||||
15 | (3) of this
subsection. It does not include devices or their | ||||||
16 | components, parts, or
accessories.
| ||||||
17 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
18 | Department of Professional Regulation for the
purpose of animal | ||||||
19 | euthanasia that holds an animal control facility license or
| ||||||
20 | animal
shelter license under the Animal Welfare Act. A | ||||||
21 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
22 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
23 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
24 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
25 | substances
(nonnarcotic controlled substances) that are used | ||||||
26 | by a euthanasia agency for
the purpose of animal euthanasia.
|
| |||||||
| |||||||
1 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
2 | controlled
substance by a practitioner in the regular course of | ||||||
3 | professional
treatment to or for any person who is under his | ||||||
4 | treatment for a
pathology or condition other than that | ||||||
5 | individual's physical or
psychological dependence upon or | ||||||
6 | addiction to a controlled substance,
except as provided herein: | ||||||
7 | and application of the term to a pharmacist
shall mean the | ||||||
8 | dispensing of a controlled substance pursuant to the
| ||||||
9 | prescriber's order which in the professional judgment of the | ||||||
10 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
11 | accepted professional
standards including, but not limited to | ||||||
12 | the following, in making the
judgment:
| ||||||
13 | (1) lack of consistency of doctor-patient | ||||||
14 | relationship,
| ||||||
15 | (2) frequency of prescriptions for same drug by one | ||||||
16 | prescriber for
large numbers of patients,
| ||||||
17 | (3) quantities beyond those normally prescribed,
| ||||||
18 | (4) unusual dosages,
| ||||||
19 | (5) unusual geographic distances between patient, | ||||||
20 | pharmacist and
prescriber,
| ||||||
21 | (6) consistent prescribing of habit-forming drugs.
| ||||||
22 | (u-1) "Home infusion services" means services provided by a | ||||||
23 | pharmacy in
compounding solutions for direct administration to | ||||||
24 | a patient in a private
residence, long-term care facility, or | ||||||
25 | hospice setting by means of parenteral,
intravenous, | ||||||
26 | intramuscular, subcutaneous, or intraspinal infusion.
|
| |||||||
| |||||||
1 | (v) "Immediate precursor" means a substance:
| ||||||
2 | (1) which the Department has found to be and by rule | ||||||
3 | designated as
being a principal compound used, or produced | ||||||
4 | primarily for use, in the
manufacture of a controlled | ||||||
5 | substance;
| ||||||
6 | (2) which is an immediate chemical intermediary used or | ||||||
7 | likely to
be used in the manufacture of such controlled | ||||||
8 | substance; and
| ||||||
9 | (3) the control of which is necessary to prevent, | ||||||
10 | curtail or limit
the manufacture of such controlled | ||||||
11 | substance.
| ||||||
12 | (w) "Instructional activities" means the acts of teaching, | ||||||
13 | educating
or instructing by practitioners using controlled | ||||||
14 | substances within
educational facilities approved by the State | ||||||
15 | Board of Education or
its successor agency.
| ||||||
16 | (x) "Local authorities" means a duly organized State, | ||||||
17 | County or
Municipal peace unit or police force.
| ||||||
18 | (y) "Look-alike substance" means a substance, other than a | ||||||
19 | controlled
substance which (1) by overall dosage unit | ||||||
20 | appearance, including shape,
color, size, markings or lack | ||||||
21 | thereof, taste, consistency, or any other
identifying physical | ||||||
22 | characteristic of the substance, would lead a reasonable
person | ||||||
23 | to believe that the substance is a controlled substance, or (2) | ||||||
24 | is
expressly or impliedly represented to be a controlled | ||||||
25 | substance or is
distributed under circumstances which would | ||||||
26 | lead a reasonable person to
believe that the substance is a |
| |||||||
| |||||||
1 | controlled substance. For the purpose of
determining whether | ||||||
2 | the representations made or the circumstances of the
| ||||||
3 | distribution would lead a reasonable person to believe the | ||||||
4 | substance to be
a controlled substance under this clause (2) of | ||||||
5 | subsection (y), the court or
other authority may consider the | ||||||
6 | following factors in addition to any other
factor that may be | ||||||
7 | relevant:
| ||||||
8 | (a) statements made by the owner or person in control | ||||||
9 | of the substance
concerning its nature, use or effect;
| ||||||
10 | (b) statements made to the buyer or recipient that the | ||||||
11 | substance may
be resold for profit;
| ||||||
12 | (c) whether the substance is packaged in a manner | ||||||
13 | normally used for the
illegal distribution of controlled | ||||||
14 | substances;
| ||||||
15 | (d) whether the distribution or attempted distribution | ||||||
16 | included an
exchange of or demand for money or other | ||||||
17 | property as consideration, and
whether the amount of the | ||||||
18 | consideration was substantially greater than the
| ||||||
19 | reasonable retail market value of the substance.
| ||||||
20 | Clause (1) of this subsection (y) shall not apply to a | ||||||
21 | noncontrolled
substance in its finished dosage form that was | ||||||
22 | initially introduced into
commerce prior to the initial | ||||||
23 | introduction into commerce of a controlled
substance in its | ||||||
24 | finished dosage form which it may substantially resemble.
| ||||||
25 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
26 | distributing
of noncontrolled substances by persons authorized |
| |||||||
| |||||||
1 | to dispense and
distribute controlled substances under this | ||||||
2 | Act, provided that such action
would be deemed to be carried | ||||||
3 | out in good faith under subsection (u) if the
substances | ||||||
4 | involved were controlled substances.
| ||||||
5 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
6 | manufacture,
preparation, propagation, compounding, | ||||||
7 | processing, packaging, advertising
or distribution of a drug or | ||||||
8 | drugs by any person registered pursuant to
Section 510 of the | ||||||
9 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
10 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
11 | located in a state
of the United States, other than Illinois, | ||||||
12 | that delivers, dispenses or
distributes, through the United | ||||||
13 | States Postal Service or other common
carrier, to Illinois | ||||||
14 | residents, any substance which requires a prescription.
| ||||||
15 | (z) "Manufacture" means the production, preparation, | ||||||
16 | propagation,
compounding, conversion or processing of a | ||||||
17 | controlled substance other than methamphetamine, either
| ||||||
18 | directly or indirectly, by extraction from substances of | ||||||
19 | natural origin,
or independently by means of chemical | ||||||
20 | synthesis, or by a combination of
extraction and chemical | ||||||
21 | synthesis, and includes any packaging or
repackaging of the | ||||||
22 | substance or labeling of its container, except that
this term | ||||||
23 | does not include:
| ||||||
24 | (1) by an ultimate user, the preparation or compounding | ||||||
25 | of a
controlled substance for his own use; or
| ||||||
26 | (2) by a practitioner, or his authorized agent under |
| |||||||
| |||||||
1 | his
supervision, the preparation, compounding, packaging, | ||||||
2 | or labeling of a
controlled substance:
| ||||||
3 | (a) as an incident to his administering or | ||||||
4 | dispensing of a
controlled substance in the course of | ||||||
5 | his professional practice; or
| ||||||
6 | (b) as an incident to lawful research, teaching or | ||||||
7 | chemical
analysis and not for sale.
| ||||||
8 | (z-1) (Blank).
| ||||||
9 | (aa) "Narcotic drug" means any of the following, whether | ||||||
10 | produced
directly or indirectly by extraction from substances | ||||||
11 | of natural origin,
or independently by means of chemical | ||||||
12 | synthesis, or by a combination of
extraction and chemical | ||||||
13 | synthesis:
| ||||||
14 | (1) opium and opiate, and any salt, compound, | ||||||
15 | derivative, or
preparation of opium or opiate;
| ||||||
16 | (2) any salt, compound, isomer, derivative, or | ||||||
17 | preparation thereof
which is chemically equivalent or | ||||||
18 | identical with any of the substances
referred to in clause | ||||||
19 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
20 | (3) opium poppy and poppy straw;
| ||||||
21 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
22 | of an isomer,
derivative, or preparation of coca leaves | ||||||
23 | including cocaine or ecgonine,
and any salt, compound, | ||||||
24 | isomer, derivative, or preparation thereof which is
| ||||||
25 | chemically equivalent or identical with any of these | ||||||
26 | substances, but not
including decocainized coca leaves or |
| |||||||
| |||||||
1 | extractions of coca leaves which do
not contain cocaine or | ||||||
2 | ecgonine (for the purpose of this paragraph, the
term | ||||||
3 | "isomer" includes optical, positional and geometric | ||||||
4 | isomers).
| ||||||
5 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
6 | Nursing and Advanced Practice Nursing Act.
| ||||||
7 | (cc) (Blank).
| ||||||
8 | (dd) "Opiate" means any substance having an addiction | ||||||
9 | forming or
addiction sustaining liability similar to morphine | ||||||
10 | or being capable of
conversion into a drug having addiction | ||||||
11 | forming or addiction sustaining
liability.
| ||||||
12 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
13 | somniferum L., except its seeds.
| ||||||
14 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
15 | Board of
the State of Illinois or its successor agency.
| ||||||
16 | (gg) "Person" means any individual, corporation, | ||||||
17 | mail-order pharmacy,
government or governmental subdivision or | ||||||
18 | agency, business trust, estate,
trust, partnership or | ||||||
19 | association, or any other entity.
| ||||||
20 | (hh) "Pharmacist" means any person who holds a certificate | ||||||
21 | of
registration as a registered pharmacist, a local registered | ||||||
22 | pharmacist
or a registered assistant pharmacist under the | ||||||
23 | Pharmacy Practice Act of 1987.
| ||||||
24 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
25 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
26 | Practice Act of 1987.
|
| |||||||
| |||||||
1 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
2 | the opium
poppy, after mowing.
| ||||||
3 | (kk) "Practitioner" means a physician licensed to practice | ||||||
4 | medicine in all
its branches, dentist, podiatrist,
| ||||||
5 | veterinarian, scientific investigator, pharmacist, physician | ||||||
6 | assistant,
advanced practice nurse,
licensed practical
nurse, | ||||||
7 | registered nurse, hospital, laboratory, or pharmacy, or other
| ||||||
8 | person licensed, registered, or otherwise lawfully permitted | ||||||
9 | by the
United States or this State to distribute, dispense, | ||||||
10 | conduct research
with respect to, administer or use in teaching | ||||||
11 | or chemical analysis, a
controlled substance in the course of | ||||||
12 | professional practice or research.
| ||||||
13 | (ll) "Pre-printed prescription" means a written | ||||||
14 | prescription upon which
the designated drug has been indicated | ||||||
15 | prior to the time of issuance.
| ||||||
16 | (mm) "Prescriber" means a physician licensed to practice | ||||||
17 | medicine in all
its branches, dentist, podiatrist , practical | ||||||
18 | nurse, registered professional nurse, advanced practice nurse,
| ||||||
19 | or
veterinarian who issues a prescription or , a physician | ||||||
20 | assistant who
issues a
prescription for a Schedule III, IV, or | ||||||
21 | V controlled substance
in accordance
with Section 303.05 and | ||||||
22 | the written guidelines required under Section 7.5
of the
| ||||||
23 | Physician Assistant Practice Act of 1987 , or an advanced | ||||||
24 | practice
nurse with prescriptive authority in accordance with | ||||||
25 | Section 303.05
and a written
collaborative agreement under | ||||||
26 | Sections 15-15 and 15-20 of
the Nursing and Advanced Practice |
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1 | Nursing Act .
| ||||||
2 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
3 | verbal order
of
a physician licensed to practice medicine in | ||||||
4 | all its branches,
dentist, podiatrist , practical nurse, | ||||||
5 | registered professional nurse, advanced practice nurse, or | ||||||
6 | veterinarian for any controlled
substance or , of a physician | ||||||
7 | assistant for a Schedule III, IV, or V
controlled substance
in | ||||||
8 | accordance with Section 303.05 and the written guidelines | ||||||
9 | required under
Section 7.5 of the
Physician Assistant Practice | ||||||
10 | Act of 1987 , or of an advanced practice
nurse who issues a | ||||||
11 | prescription for a Schedule III, IV, or V
controlled substance | ||||||
12 | in accordance
with
Section 303.05 and a written collaborative | ||||||
13 | agreement under Sections 15-15
and
15-20 of the Nursing and | ||||||
14 | Advanced Practice Nursing Act .
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15 | (oo) "Production" or "produce" means manufacture, | ||||||
16 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
17 | substance other than methamphetamine.
| ||||||
18 | (pp) "Registrant" means every person who is required to | ||||||
19 | register
under Section 302 of this Act.
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20 | (qq) "Registry number" means the number assigned to each | ||||||
21 | person
authorized to handle controlled substances under the | ||||||
22 | laws of the United
States and of this State.
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23 | (rr) "State" includes the State of Illinois and any state, | ||||||
24 | district,
commonwealth, territory, insular possession thereof, | ||||||
25 | and any area
subject to the legal authority of the United | ||||||
26 | States of America.
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1 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
2 | a
controlled substance for his own use or for the use of a | ||||||
3 | member of his
household or for administering to an animal owned | ||||||
4 | by him or by a member
of his household.
| ||||||
5 | (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; | ||||||
6 | 94-556, eff. 9-11-05.)
| ||||||
7 | (720 ILCS 570/303.05)
| ||||||
8 | Sec. 303.05. Mid-level practitioner registration.
| ||||||
9 | (a) The Department of Professional Regulation shall | ||||||
10 | register licensed
physician assistants and licensed advanced | ||||||
11 | practice nurses to prescribe and
dispense Schedule
III, IV, or | ||||||
12 | V controlled substances under Section 303 and euthanasia
| ||||||
13 | agencies to purchase, store, or administer euthanasia drugs | ||||||
14 | under the
following circumstances:
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15 | (1) with respect to physician assistants or advanced | ||||||
16 | practice nurses ,
| ||||||
17 | (A) the physician assistant or advanced practice | ||||||
18 | nurse has been
delegated
prescriptive authority by a | ||||||
19 | physician licensed to practice medicine in all its
| ||||||
20 | branches in accordance with Section 7.5 of the | ||||||
21 | Physician Assistant Practice Act
of 1987 or Section | ||||||
22 | 15-20 of the Nursing and Advanced Practice Nursing Act ;
| ||||||
23 | and
| ||||||
24 | (B) the physician assistant or advanced practice | ||||||
25 | nurse has
completed the
appropriate application forms |
| |||||||
| |||||||
1 | and has paid the required fees as set by rule;
or
| ||||||
2 | (2) with respect to euthanasia agencies, the | ||||||
3 | euthanasia agency has
obtained a license from the | ||||||
4 | Department of
Professional Regulation and obtained a | ||||||
5 | registration number from the
Department.
| ||||||
6 | (b) The mid-level practitioner shall only be licensed to | ||||||
7 | prescribe those
schedules of controlled substances for which a | ||||||
8 | licensed physician has delegated
prescriptive authority, | ||||||
9 | except that a euthanasia agency does not have any
prescriptive | ||||||
10 | authority.
| ||||||
11 | (c) Upon completion of all registration requirements, | ||||||
12 | physician
assistants , advanced practice nurses, and euthanasia | ||||||
13 | agencies shall be issued a
mid-level practitioner
controlled | ||||||
14 | substances license for Illinois.
| ||||||
15 | (Source: P.A. 93-626, eff. 12-23-03.)
|