94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0876

 

Introduced 2/2/2005, by Rep. Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 65/15-10
225 ILCS 65/15-20
225 ILCS 85/4   from Ch. 111, par. 4124
225 ILCS 95/7.5
720 ILCS 570/102   from Ch. 56 1/2, par. 1102
720 ILCS 570/303.05
720 ILCS 570/410   from Ch. 56 1/2, par. 1410

    Amends the Nursing and Advanced Practice Nursing Act. Provides that an applicant seeking licensure in more than one advanced practice nursing category need not possess multiple graduate degrees. Provides that applicants may be eligible for licenses for multiple advanced practice nurse licensure categories, provided that the applicant (i) has met the requirements for at least one specified advanced practice nursing specialty, (ii) possesses an additional graduate education that results in a certificate for another clinical advanced practice nurse category and that meets the requirements for the national certification from the appropriate nursing specialty, and (iii) holds a current national certification from the appropriate national certifying body for that additional advanced practice nursing category. Adds Schedule II controlled substances to the list of controlled substances that an advanced practice nurse must obtain a mid-level practitioner controlled substance license for in order to prescribe. Amends the Pharmacy Practice Act. Exempts the delegation of limited prescriptive authority regarding Schedule II controlled substances by a physician licensed to practice medicine in all its branches to a physician assistant from the Act. Amends the Physician Assistant Practice Act of 1987 to allow physicians assistants with delegated prescriptive authority to prescribe Schedule II controlled substances. Amends the Illinois Controlled Substances Act. Adds a physician assistant who issues a prescription for a Schedule II controlled substance to the definition of "prescriber". Adds Schedule II controlled substances to the list of controlled substances that the Department of Financial and Professional Regulation must register licensed physician assistants and licensed advanced practice nurses to prescribe and dispense. Provides that when a person meeting certain requirements pleads guilty to or is found guilty of possession of a controlled or counterfeit substance, the court may require that person to refrain from having in his or her body the presence of certain illicit drugs, unless prescribed by a physician or an advanced practice nurse or physician assistant meeting certain requirements (now, only excepts those drugs prescribed by a physician). Effective immediately.


LRB094 07691 AMC 37867 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0876 LRB094 07691 AMC 37867 b

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 Nursing and Advanced Practice Nursing Act is
5 amended by changing Sections 15-10 and 15-20 as follows:
 
6     (225 ILCS 65/15-10)
7     (Section scheduled to be repealed on January 1, 2008)
8     Sec. 15-10. Advanced practice nurse; qualifications;
9 roster.
10     (a) A person shall be qualified for licensure as an
11 advanced practice nurse if that person:
12         (1) has applied in writing in form and substance
13     satisfactory to the Department and has not violated a
14     provision of this Act or the rules adopted under this Act.
15     The Department may take into consideration any felony
16     conviction of the applicant but a conviction shall not
17     operate as an absolute bar to licensure;
18         (2) holds a current license to practice as a registered
19     nurse in Illinois;
20         (3) has successfully completed requirements to
21     practice as, and holds a current, national certification
22     as, a nurse midwife, clinical nurse specialist, nurse
23     practitioner, or certified registered nurse anesthetist
24     from the appropriate national certifying body as
25     determined by rule of the Department;
26         (4) has paid the required fees as set by rule; and
27         (5) has successfully completed a post-basic advanced
28     practice formal education program in the area of his or her
29     nursing specialty.
30     (b) Those applicants seeking licensure in more than one
31 advanced practice nursing category need not possess multiple
32 graduate degrees. Applicants may be eligible for licenses for

 

 

HB0876 - 2 - LRB094 07691 AMC 37867 b

1 multiple advanced practice nurse licensure categories,
2 provided that the applicant (i) has met the requirements for at
3 least one advanced practice nursing specialty under paragraphs
4 (3) and (5) of subsection (a) of this Section, (ii) possesses
5 an additional graduate education that results in a certificate
6 for another clinical advanced practice nurse category and that
7 meets the requirements for the national certification from the
8 appropriate nursing specialty, and (iii) holds a current
9 national certification from the appropriate national
10 certifying body for that additional advanced practice nursing
11 category. In addition to meeting the requirements of subsection
12 (a), except item (5) of that subsection, beginning July 1, 2001
13 or 12 months after the adoption of final rules to implement
14 this Section, whichever is sooner, applicants for initial
15 licensure shall have a graduate degree appropriate for national
16 certification in a clinical advanced practice nursing
17 specialty.
18     (b-5) A registered professional nurse seeking licensure as
19 an advanced practice nurse in the category of certified
20 registered nurse anesthetist who applies on or before December
21 31, 2006 and does not have a graduate degree as described in
22 subsection (b) shall be qualified for licensure if that person:
23         (1) submits evidence of having successfully completed
24     a nurse anesthesia program described in item (5) of
25     subsection (a) of this Section prior to January 1, 1999;
26         (2) submits evidence of certification as a registered
27     nurse anesthetist by an appropriate national certifying
28     body, as determined by rule of the Department; and
29         (3) has continually maintained active, up-to-date
30     recertification status as a certified registered nurse
31     anesthetist by an appropriate national recertifying body,
32     as determined by rule of the Department.
33     (c) The Department shall provide by rule for APN licensure
34 of registered professional nurses who (1) apply for licensure
35 before July 1, 2001 and (2) submit evidence of completion of a
36 program described in item (5) of subsection (a) or in

 

 

HB0876 - 3 - LRB094 07691 AMC 37867 b

1 subsection (b) and evidence of practice for at least 10 years
2 as a nurse practitioner.
3     (d) The Department shall maintain a separate roster of
4 advanced practice nurses licensed under this Title and their
5 licenses shall indicate "Registered Nurse/Advanced Practice
6 Nurse".
7 (Source: P.A. 93-296, eff. 7-22-03.)
 
8     (225 ILCS 65/15-20)
9     (Section scheduled to be repealed on January 1, 2008)
10     Sec. 15-20. Prescriptive authority.
11     (a) A collaborating physician may, but is not required to,
12 delegate limited prescriptive authority to an advanced
13 practice nurse as part of a written collaborative agreement.
14 This authority may, but is not required to, include
15 prescription and dispensing of legend drugs and legend
16 controlled substances categorized as Schedule II, III, IV, or V
17 controlled substances, as defined in Article II of the Illinois
18 Controlled Substances Act.
19     (b) To prescribe Schedule II, III, IV, or V controlled
20 substances under this Section, an advanced practice nurse must
21 obtain a mid-level practitioner controlled substance license.
22 Medication orders shall be reviewed periodically by the
23 collaborating physician.
24     (c) The collaborating physician shall file with the
25 Department notice of delegation of prescriptive authority and
26 termination of such delegation, in accordance with rules of the
27 Department. Upon receipt of this notice delegating authority to
28 prescribe Schedule II, III, IV, or V controlled substances, the
29 licensed advanced practice nurse shall be eligible to register
30 for a mid-level practitioner controlled substance license
31 under Section 303.05 of the Illinois Controlled Substances Act.
32     (d) Nothing in this Act shall be construed to limit the
33 delegation of tasks or duties by a physician to a licensed
34 practical nurse, a registered professional nurse, or other
35 personnel.

 

 

HB0876 - 4 - LRB094 07691 AMC 37867 b

1 (Source: P.A. 90-742, eff. 8-13-98; 90-818, eff. 3-23-99.)
 
2     Section 10. The Pharmacy Practice Act of 1987 is amended by
3 changing Section 4 as follows:
 
4     (225 ILCS 85/4)  (from Ch. 111, par. 4124)
5     (Section scheduled to be repealed on January 1, 2008)
6     Sec. 4. Exemptions. Nothing contained in any Section of
7 this Act shall apply to, or in any manner interfere with:
8     (a) the lawful practice of any physician licensed to
9 practice medicine in all of its branches, dentist, podiatrist,
10 veterinarian, or therapeutically or diagnostically certified
11 optometrist within the limits of his or her license, or prevent
12 him or her from supplying to his or her bona fide patients such
13 drugs, medicines, or poisons as may seem to him appropriate;
14     (b) the sale of compressed gases;
15     (c) the sale of patent or proprietary medicines and
16 household remedies when sold in original and unbroken packages
17 only, if such patent or proprietary medicines and household
18 remedies be properly and adequately labeled as to content and
19 usage and generally considered and accepted as harmless and
20 nonpoisonous when used according to the directions on the
21 label, and also do not contain opium or coca leaves, or any
22 compound, salt or derivative thereof, or any drug which,
23 according to the latest editions of the following authoritative
24 pharmaceutical treatises and standards, namely, The United
25 States Pharmacopoeia/National Formulary (USP/NF), the United
26 States Dispensatory, and the Accepted Dental Remedies of the
27 Council of Dental Therapeutics of the American Dental
28 Association or any or either of them, in use on the effective
29 date of this Act, or according to the existing provisions of
30 the Federal Food, Drug, and Cosmetic Act and Regulations of the
31 Department of Health and Human Services, Food and Drug
32 Administration, promulgated thereunder now in effect, is
33 designated, described or considered as a narcotic, hypnotic,
34 habit forming, dangerous, or poisonous drug;

 

 

HB0876 - 5 - LRB094 07691 AMC 37867 b

1     (d) the sale of poultry and livestock remedies in original
2 and unbroken packages only, labeled for poultry and livestock
3 medication;
4     (e) the sale of poisonous substances or mixture of
5 poisonous substances, in unbroken packages, for nonmedicinal
6 use in the arts or industries or for insecticide purposes;
7 provided, they are properly and adequately labeled as to
8 content and such nonmedicinal usage, in conformity with the
9 provisions of all applicable federal, state and local laws and
10 regulations promulgated thereunder now in effect relating
11 thereto and governing the same, and those which are required
12 under such applicable laws and regulations to be labeled with
13 the word "Poison", are also labeled with the word "Poison"
14 printed thereon in prominent type and the name of a readily
15 obtainable antidote with directions for its administration;
16     (f) the delegation of limited prescriptive authority by a
17 physician licensed to practice medicine in all its branches to
18 a physician assistant under Section 7.5 of the Physician
19 Assistant Practice Act of 1987. This delegated authority may
20 but is not required to include prescription of Schedule II,
21 III, IV, or V controlled substances, as defined in Article II
22 of the Illinois Controlled Substances Act, in accordance with
23 written guidelines under Section 7.5 of the Physician Assistant
24 Practice Act of 1987; and
25     (g) The delegation of limited prescriptive authority by a
26 physician licensed to practice medicine in all its branches to
27 an advanced practice nurse in accordance with a written
28 collaborative agreement under Sections 15-15 and 15-20 of the
29 Nursing and Advanced Practice Nursing Act. This delegated
30 authority may but is not required to include the prescription
31 of Schedule II, III, IV, or V controlled substances as defined
32 in Article II of the Illinois Controlled Substances Act.
33 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
34 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
 
35     Section 15. The Physician Assistant Practice Act of 1987 is

 

 

HB0876 - 6 - LRB094 07691 AMC 37867 b

1 amended by changing Section 7.5 as follows:
 
2     (225 ILCS 95/7.5)
3     (Section scheduled to be repealed on January 1, 2008)
4     Sec. 7.5. Prescriptions. A supervising physician may
5 delegate limited prescriptive authority to a physician
6 assistant. This authority may, but is not required to, include
7 prescription and dispensing of legend drugs and legend
8 controlled substances categorized as Schedule II, III, IV, or V
9 controlled substances, as defined in Article II of the Illinois
10 Controlled Substances Act, as delegated in the written
11 guidelines required by this Act. To prescribe Schedule II, III,
12 IV, or V controlled substances under this Section, a physician
13 assistant must obtain a mid-level practitioner controlled
14 substances license. Medication orders issued by a physician
15 assistant shall be reviewed periodically by the supervising
16 physician. The supervising physician shall file with the
17 Department notice of delegation of prescriptive authority to a
18 physician assistant and termination of delegation, specifying
19 the authority delegated or terminated. Upon receipt of this
20 notice delegating authority to prescribe Schedule II, III, IV,
21 or V controlled substances, the physician assistant shall be
22 eligible to register for a mid-level practitioner controlled
23 substances license under Section 303.05 of the Illinois
24 Controlled Substances Act. Nothing in this Act shall be
25 construed to limit the delegation of tasks or duties by the
26 supervising physician to a nurse or other appropriately trained
27 personnel.
28     The Department shall establish by rule the minimum
29 requirements for written guidelines to be followed under this
30 Section.
31 (Source: P.A. 90-116, eff. 7-14-97; 90-818, eff. 3-23-99.)
 
32     Section 20. The Illinois Controlled Substances Act is
33 amended by changing Sections 102, 303.05, and 410 as follows:
 

 

 

HB0876 - 7 - LRB094 07691 AMC 37867 b

1     (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
2     Sec. 102. Definitions. As used in this Act, unless the
3 context otherwise requires:
4     (a) "Addict" means any person who habitually uses any drug,
5 chemical, substance or dangerous drug other than alcohol so as
6 to endanger the public morals, health, safety or welfare or who
7 is so far addicted to the use of a dangerous drug or controlled
8 substance other than alcohol as to have lost the power of self
9 control with reference to his addiction.
10     (b) "Administer" means the direct application of a
11 controlled substance, whether by injection, inhalation,
12 ingestion, or any other means, to the body of a patient,
13 research subject, or animal (as defined by the Humane
14 Euthanasia in Animal Shelters Act) by:
15         (1) a practitioner (or, in his presence, by his
16     authorized agent),
17         (2) the patient or research subject at the lawful
18     direction of the practitioner, or
19         (3) a euthanasia technician as defined by the Humane
20     Euthanasia in Animal Shelters Act.
21     (c) "Agent" means an authorized person who acts on behalf
22 of or at the direction of a manufacturer, distributor, or
23 dispenser. It does not include a common or contract carrier,
24 public warehouseman or employee of the carrier or warehouseman.
25     (c-1) "Anabolic Steroids" means any drug or hormonal
26 substance, chemically and pharmacologically related to
27 testosterone (other than estrogens, progestins, and
28 corticosteroids) that promotes muscle growth, and includes:
29             (i) boldenone,
30             (ii) chlorotestosterone,
31             (iii) chostebol,
32             (iv) dehydrochlormethyltestosterone,
33             (v) dihydrotestosterone,
34             (vi) drostanolone,
35             (vii) ethylestrenol,
36             (viii) fluoxymesterone,

 

 

HB0876 - 8 - LRB094 07691 AMC 37867 b

1             (ix) formebulone,
2             (x) mesterolone,
3             (xi) methandienone,
4             (xii) methandranone,
5             (xiii) methandriol,
6             (xiv) methandrostenolone,
7             (xv) methenolone,
8             (xvi) methyltestosterone,
9             (xvii) mibolerone,
10             (xviii) nandrolone,
11             (xix) norethandrolone,
12             (xx) oxandrolone,
13             (xxi) oxymesterone,
14             (xxii) oxymetholone,
15             (xxiii) stanolone,
16             (xxiv) stanozolol,
17             (xxv) testolactone,
18             (xxvi) testosterone,
19             (xxvii) trenbolone, and
20             (xxviii) any salt, ester, or isomer of a drug or
21         substance described or listed in this paragraph, if
22         that salt, ester, or isomer promotes muscle growth.
23     Any person who is otherwise lawfully in possession of an
24 anabolic steroid, or who otherwise lawfully manufactures,
25 distributes, dispenses, delivers, or possesses with intent to
26 deliver an anabolic steroid, which anabolic steroid is
27 expressly intended for and lawfully allowed to be administered
28 through implants to livestock or other nonhuman species, and
29 which is approved by the Secretary of Health and Human Services
30 for such administration, and which the person intends to
31 administer or have administered through such implants, shall
32 not be considered to be in unauthorized possession or to
33 unlawfully manufacture, distribute, dispense, deliver, or
34 possess with intent to deliver such anabolic steroid for
35 purposes of this Act.
36     (d) "Administration" means the Drug Enforcement

 

 

HB0876 - 9 - LRB094 07691 AMC 37867 b

1 Administration, United States Department of Justice, or its
2 successor agency.
3     (e) "Control" means to add a drug or other substance, or
4 immediate precursor, to a Schedule under Article II of this Act
5 whether by transfer from another Schedule or otherwise.
6     (f) "Controlled Substance" means a drug, substance, or
7 immediate precursor in the Schedules of Article II of this Act.
8     (g) "Counterfeit substance" means a controlled substance,
9 which, or the container or labeling of which, without
10 authorization bears the trademark, trade name, or other
11 identifying mark, imprint, number or device, or any likeness
12 thereof, of a manufacturer, distributor, or dispenser other
13 than the person who in fact manufactured, distributed, or
14 dispensed the substance.
15     (h) "Deliver" or "delivery" means the actual, constructive
16 or attempted transfer of possession of a controlled substance,
17 with or without consideration, whether or not there is an
18 agency relationship.
19     (i) "Department" means the Illinois Department of Human
20 Services (as successor to the Department of Alcoholism and
21 Substance Abuse) or its successor agency.
22     (j) "Department of State Police" means the Department of
23 State Police of the State of Illinois or its successor agency.
24     (k) "Department of Corrections" means the Department of
25 Corrections of the State of Illinois or its successor agency.
26     (l) "Department of Professional Regulation" means the
27 Department of Professional Regulation of the State of Illinois
28 or its successor agency.
29     (m) "Depressant" or "stimulant substance" means:
30         (1) a drug which contains any quantity of (i)
31     barbituric acid or any of the salts of barbituric acid
32     which has been designated as habit forming under section
33     502 (d) of the Federal Food, Drug, and Cosmetic Act (21
34     U.S.C. 352 (d)); or
35         (2) a drug which contains any quantity of (i)
36     amphetamine or methamphetamine and any of their optical

 

 

HB0876 - 10 - LRB094 07691 AMC 37867 b

1     isomers; (ii) any salt of amphetamine or methamphetamine or
2     any salt of an optical isomer of amphetamine; or (iii) any
3     substance which the Department, after investigation, has
4     found to be, and by rule designated as, habit forming
5     because of its depressant or stimulant effect on the
6     central nervous system; or
7         (3) lysergic acid diethylamide; or
8         (4) any drug which contains any quantity of a substance
9     which the Department, after investigation, has found to
10     have, and by rule designated as having, a potential for
11     abuse because of its depressant or stimulant effect on the
12     central nervous system or its hallucinogenic effect.
13     (n) (Blank).
14     (o) "Director" means the Director of the Department of
15 State Police or the Department of Professional Regulation or
16 his designated agents.
17     (p) "Dispense" means to deliver a controlled substance to
18 an ultimate user or research subject by or pursuant to the
19 lawful order of a prescriber, including the prescribing,
20 administering, packaging, labeling, or compounding necessary
21 to prepare the substance for that delivery.
22     (q) "Dispenser" means a practitioner who dispenses.
23     (r) "Distribute" means to deliver, other than by
24 administering or dispensing, a controlled substance.
25     (s) "Distributor" means a person who distributes.
26     (t) "Drug" means (1) substances recognized as drugs in the
27 official United States Pharmacopoeia, Official Homeopathic
28 Pharmacopoeia of the United States, or official National
29 Formulary, or any supplement to any of them; (2) substances
30 intended for use in diagnosis, cure, mitigation, treatment, or
31 prevention of disease in man or animals; (3) substances (other
32 than food) intended to affect the structure of any function of
33 the body of man or animals and (4) substances intended for use
34 as a component of any article specified in clause (1), (2), or
35 (3) of this subsection. It does not include devices or their
36 components, parts, or accessories.

 

 

HB0876 - 11 - LRB094 07691 AMC 37867 b

1     (t-5) "Euthanasia agency" means an entity certified by the
2 Department of Professional Regulation for the purpose of animal
3 euthanasia that holds an animal control facility license or
4 animal shelter license under the Animal Welfare Act. A
5 euthanasia agency is authorized to purchase, store, possess,
6 and utilize Schedule II nonnarcotic and Schedule III
7 nonnarcotic drugs for the sole purpose of animal euthanasia.
8     (t-10) "Euthanasia drugs" means Schedule II or Schedule III
9 substances (nonnarcotic controlled substances) that are used
10 by a euthanasia agency for the purpose of animal euthanasia.
11     (u) "Good faith" means the prescribing or dispensing of a
12 controlled substance by a practitioner in the regular course of
13 professional treatment to or for any person who is under his
14 treatment for a pathology or condition other than that
15 individual's physical or psychological dependence upon or
16 addiction to a controlled substance, except as provided herein:
17 and application of the term to a pharmacist shall mean the
18 dispensing of a controlled substance pursuant to the
19 prescriber's order which in the professional judgment of the
20 pharmacist is lawful. The pharmacist shall be guided by
21 accepted professional standards including, but not limited to
22 the following, in making the judgment:
23         (1) lack of consistency of doctor-patient
24     relationship,
25         (2) frequency of prescriptions for same drug by one
26     prescriber for large numbers of patients,
27         (3) quantities beyond those normally prescribed,
28         (4) unusual dosages,
29         (5) unusual geographic distances between patient,
30     pharmacist and prescriber,
31         (6) consistent prescribing of habit-forming drugs.
32     (u-1) "Home infusion services" means services provided by a
33 pharmacy in compounding solutions for direct administration to
34 a patient in a private residence, long-term care facility, or
35 hospice setting by means of parenteral, intravenous,
36 intramuscular, subcutaneous, or intraspinal infusion.

 

 

HB0876 - 12 - LRB094 07691 AMC 37867 b

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
27 controlled substance. For the purpose of determining whether
28 the representations made or the circumstances of the
29 distribution would lead a reasonable person to believe the
30 substance to be a controlled substance under this clause (2) of
31 subsection (y), the court or other authority may consider the
32 following factors in addition to any other factor that may be
33 relevant:
34         (a) statements made by the owner or person in control
35     of the substance concerning its nature, use or effect;
36         (b) statements made to the buyer or recipient that the

 

 

HB0876 - 13 - LRB094 07691 AMC 37867 b

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
27 located in a state of the United States, other than Illinois,
28 that delivers, dispenses or distributes, through the United
29 States Postal Service or other common carrier, to Illinois
30 residents, any substance which requires a prescription.
31     (z) "Manufacture" means the production, preparation,
32 propagation, compounding, conversion or processing of a
33 controlled substance, either directly or indirectly, by
34 extraction from substances of natural origin, or independently
35 by means of chemical synthesis, or by a combination of
36 extraction and chemical synthesis, and includes any packaging

 

 

HB0876 - 14 - LRB094 07691 AMC 37867 b

1 or repackaging of the substance or labeling of its container,
2 except that this term does not include:
3         (1) by an ultimate user, the preparation or compounding
4     of a controlled substance for his own use; or
5         (2) by a practitioner, or his authorized agent under
6     his supervision, the preparation, compounding, packaging,
7     or labeling of a controlled substance:
8             (a) as an incident to his administering or
9         dispensing of a controlled substance in the course of
10         his professional practice; or
11             (b) as an incident to lawful research, teaching or
12         chemical analysis and not for sale.
13     (z-1) "Methamphetamine manufacturing chemical" means any
14 of the following chemicals or substances containing any of the
15 following chemicals: benzyl methyl ketone, ephedrine, methyl
16 benzyl ketone, phenylacetone, phenyl-2-propanone,
17 pseudoephedrine, or red phosphorous or any of the salts,
18 optical isomers, or salts of optical isomers of the
19 above-listed chemicals.
20     (aa) "Narcotic drug" means any of the following, whether
21 produced directly or indirectly by extraction from substances
22 of natural origin, or independently by means of chemical
23 synthesis, or by a combination of extraction and chemical
24 synthesis:
25         (1) opium and opiate, and any salt, compound,
26     derivative, or preparation of opium or opiate;
27         (2) any salt, compound, isomer, derivative, or
28     preparation thereof which is chemically equivalent or
29     identical with any of the substances referred to in clause
30     (1), but not including the isoquinoline alkaloids of opium;
31         (3) opium poppy and poppy straw;
32         (4) coca leaves and any salts, compound, isomer, salt
33     of an isomer, derivative, or preparation of coca leaves
34     including cocaine or ecgonine, and any salt, compound,
35     isomer, derivative, or preparation thereof which is
36     chemically equivalent or identical with any of these

 

 

HB0876 - 15 - LRB094 07691 AMC 37867 b

1     substances, but not including decocainized coca leaves or
2     extractions of coca leaves which do not contain cocaine or
3     ecgonine (for the purpose of this paragraph, the term
4     "isomer" includes optical, positional and geometric
5     isomers).
6     (bb) "Nurse" means a registered nurse licensed under the
7 Nursing and Advanced Practice Nursing Act.
8     (cc) (Blank).
9     (dd) "Opiate" means any substance having an addiction
10 forming or addiction sustaining liability similar to morphine
11 or being capable of conversion into a drug having addiction
12 forming or addiction sustaining liability.
13     (ee) "Opium poppy" means the plant of the species Papaver
14 somniferum L., except its seeds.
15     (ff) "Parole and Pardon Board" means the Parole and Pardon
16 Board of the State of Illinois or its successor agency.
17     (gg) "Person" means any individual, corporation,
18 mail-order pharmacy, government or governmental subdivision or
19 agency, business trust, estate, trust, partnership or
20 association, or any other entity.
21     (hh) "Pharmacist" means any person who holds a certificate
22 of registration as a registered pharmacist, a local registered
23 pharmacist or a registered assistant pharmacist under the
24 Pharmacy Practice Act of 1987.
25     (ii) "Pharmacy" means any store, ship or other place in
26 which pharmacy is authorized to be practiced under the Pharmacy
27 Practice Act of 1987.
28     (jj) "Poppy straw" means all parts, except the seeds, of
29 the opium poppy, after mowing.
30     (kk) "Practitioner" means a physician licensed to practice
31 medicine in all its branches, dentist, podiatrist,
32 veterinarian, scientific investigator, pharmacist, physician
33 assistant, advanced practice nurse, licensed practical nurse,
34 registered nurse, hospital, laboratory, or pharmacy, or other
35 person licensed, registered, or otherwise lawfully permitted
36 by the United States or this State to distribute, dispense,

 

 

HB0876 - 16 - LRB094 07691 AMC 37867 b

1 conduct research with respect to, administer or use in teaching
2 or chemical analysis, a controlled substance in the course of
3 professional practice or research.
4     (ll) "Pre-printed prescription" means a written
5 prescription upon which the designated drug has been indicated
6 prior to the time of issuance.
7     (mm) "Prescriber" means a physician licensed to practice
8 medicine in all its branches, dentist, podiatrist or
9 veterinarian who issues a prescription, a physician assistant
10 who issues a prescription for a Schedule II, III, IV, or V
11 controlled substance in accordance with Section 303.05 and the
12 written guidelines required under Section 7.5 of the Physician
13 Assistant Practice Act of 1987, or an advanced practice nurse
14 with prescriptive authority in accordance with Section 303.05
15 and a written collaborative agreement under Sections 15-15 and
16 15-20 of the Nursing and Advanced Practice Nursing Act.
17     (nn) "Prescription" means a lawful written, facsimile, or
18 verbal order of a physician licensed to practice medicine in
19 all its branches, dentist, podiatrist or veterinarian for any
20 controlled substance, of a physician assistant for a Schedule
21 II, III, IV, or V controlled substance in accordance with
22 Section 303.05 and the written guidelines required under
23 Section 7.5 of the Physician Assistant Practice Act of 1987, or
24 of an advanced practice nurse who issues a prescription for a
25 Schedule II, III, IV, or V controlled substance in accordance
26 with Section 303.05 and a written collaborative agreement under
27 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
28 Nursing Act.
29     (oo) "Production" or "produce" means manufacture,
30 planting, cultivating, growing, or harvesting of a controlled
31 substance.
32     (pp) "Registrant" means every person who is required to
33 register under Section 302 of this Act.
34     (qq) "Registry number" means the number assigned to each
35 person authorized to handle controlled substances under the
36 laws of the United States and of this State.

 

 

HB0876 - 17 - LRB094 07691 AMC 37867 b

1     (rr) "State" includes the State of Illinois and any state,
2 district, commonwealth, territory, insular possession thereof,
3 and any area subject to the legal authority of the United
4 States of America.
5     (ss) "Ultimate user" means a person who lawfully possesses
6 a controlled substance for his own use or for the use of a
7 member of his household or for administering to an animal owned
8 by him or by a member of his household.
9 (Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03;
10 93-626, eff. 12-23-03.)
 
11     (720 ILCS 570/303.05)
12     Sec. 303.05. Mid-level practitioner registration.
13     (a) The Department of Professional Regulation shall
14 register licensed physician assistants and licensed advanced
15 practice nurses to prescribe and dispense Schedule II, III, IV,
16 or V controlled substances under Section 303 and euthanasia
17 agencies to purchase, store, or administer euthanasia drugs
18 under the following circumstances:
19         (1) with respect to physician assistants or advanced
20     practice nurses,
21             (A) the physician assistant or advanced practice
22         nurse has been delegated prescriptive authority by a
23         physician licensed to practice medicine in all its
24         branches in accordance with Section 7.5 of the
25         Physician Assistant Practice Act of 1987 or Section
26         15-20 of the Nursing and Advanced Practice Nursing Act;
27         and
28             (B) the physician assistant or advanced practice
29         nurse has completed the appropriate application forms
30         and has paid the required fees as set by rule; or
31         (2) with respect to euthanasia agencies, the
32     euthanasia agency has obtained a license from the
33     Department of Professional Regulation and obtained a
34     registration number from the Department.
35     (b) The mid-level practitioner shall only be licensed to

 

 

HB0876 - 18 - LRB094 07691 AMC 37867 b

1 prescribe those schedules of controlled substances for which a
2 licensed physician has delegated prescriptive authority,
3 except that a euthanasia agency does not have any prescriptive
4 authority.
5     (c) Upon completion of all registration requirements,
6 physician assistants, advanced practice nurses, and euthanasia
7 agencies shall be issued a mid-level practitioner controlled
8 substances license for Illinois.
9 (Source: P.A. 93-626, eff. 12-23-03.)
 
10     (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
11     Sec. 410. (a) Whenever any person who has not previously
12 been convicted of, or placed on probation or court supervision
13 for any offense under this Act or any law of the United States
14 or of any State relating to cannabis or controlled substances,
15 pleads guilty to or is found guilty of possession of a
16 controlled or counterfeit substance under subsection (c) of
17 Section 402, the court, without entering a judgment and with
18 the consent of such person, may sentence him to probation.
19     (b) When a person is placed on probation, the court shall
20 enter an order specifying a period of probation of 24 months
21 and shall defer further proceedings in the case until the
22 conclusion of the period or until the filing of a petition
23 alleging violation of a term or condition of probation.
24     (c) The conditions of probation shall be that the person:
25 (1) not violate any criminal statute of any jurisdiction; (2)
26 refrain from possessing a firearm or other dangerous weapon;
27 (3) submit to periodic drug testing at a time and in a manner
28 as ordered by the court, but no less than 3 times during the
29 period of the probation, with the cost of the testing to be
30 paid by the probationer; and (4) perform no less than 30 hours
31 of community service, provided community service is available
32 in the jurisdiction and is funded and approved by the county
33 board.
34     (d) The court may, in addition to other conditions, require
35 that the person:

 

 

HB0876 - 19 - LRB094 07691 AMC 37867 b

1         (1) make a report to and appear in person before or
2     participate with the court or such courts, person, or
3     social service agency as directed by the court in the order
4     of probation;
5         (2) pay a fine and costs;
6         (3) work or pursue a course of study or vocational
7     training;
8         (4) undergo medical or psychiatric treatment; or
9     treatment or rehabilitation approved by the Illinois
10     Department of Human Services;
11         (5) attend or reside in a facility established for the
12     instruction or residence of defendants on probation;
13         (6) support his dependents;
14         (6-5) refrain from having in his or her body the
15     presence of any illicit drug prohibited by the Cannabis
16     Control Act or the Illinois Controlled Substances Act,
17     unless prescribed by a physician, an advanced practice
18     nurse who has a written collaborative agreement in
19     accordance with Sections 15-15 and 15-20 of the Nursing and
20     Advanced Practice Nursing Act and is authorized to
21     prescribe controlled substances under Section 303.05 of
22     this Act, or a physician assistant who is authorized to
23     prescribe controlled substances in accordance with Section
24     303.05 of this Act and the written guidelines required
25     under Section 7.5 of the Physician Assistant Practice Act
26     of 1987, and submit samples of his or her blood or urine or
27     both for tests to determine the presence of any illicit
28     drug;
29         (7) and in addition, if a minor:
30             (i) reside with his parents or in a foster home;
31             (ii) attend school;
32             (iii) attend a non-residential program for youth;
33             (iv) contribute to his own support at home or in a
34         foster home.
35     (e) Upon violation of a term or condition of probation, the
36 court may enter a judgment on its original finding of guilt and

 

 

HB0876 - 20 - LRB094 07691 AMC 37867 b

1 proceed as otherwise provided.
2     (f) Upon fulfillment of the terms and conditions of
3 probation, the court shall discharge the person and dismiss the
4 proceedings against him.
5     (g) A disposition of probation is considered to be a
6 conviction for the purposes of imposing the conditions of
7 probation and for appeal, however, discharge and dismissal
8 under this Section is not a conviction for purposes of this Act
9 or for purposes of disqualifications or disabilities imposed by
10 law upon conviction of a crime.
11     (h) There may be only one discharge and dismissal under
12 this Section or Section 10 of the Cannabis Control Act with
13 respect to any person.
14     (i) If a person is convicted of an offense under this Act
15 or the Cannabis Control Act within 5 years subsequent to a
16 discharge and dismissal under this Section, the discharge and
17 dismissal under this Section shall be admissible in the
18 sentencing proceeding for that conviction as evidence in
19 aggravation.
20 (Source: P.A. 91-696, eff. 4-13-00.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.