94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0527

 

Introduced 2/17/2005, by Sen. Carol Ronen

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 15/2   from Ch. 111, par. 5352
225 ILCS 15/5.1 new
225 ILCS 15/5.2 new
225 ILCS 15/5.3 new
225 ILCS 15/5.4 new
225 ILCS 15/5.5 new
225 ILCS 15/5.6 new
225 ILCS 15/15   from Ch. 111, par. 5365
225 ILCS 65/5-10
225 ILCS 85/3   from Ch. 111, par. 4123
225 ILCS 85/4   from Ch. 111, par. 4124
720 ILCS 570/102   from Ch. 56 1/2, par. 1102

    Amends the Clinical Psychologist Licensing Act to include the certification of prescribing clinical psychologists. Provides that the Department of Financial and Professional Regulation shall certify licensed, doctoral-level psychologists to prescribe and dispense drugs in accordance with applicable State and federal laws. Sets forth application and renewal requirements, prescribing practices, controlled substance compliance requirements, and requirements concerning interaction with the State Board of Pharmacy of the Department, as the areas relate to prescribing clinical psychologists and prescriptive authority. Grants certain rulemaking authority to the Clinical Psychologist Licensing and Disciplinary Board. Makes other changes. Amends the Nursing and Advanced Practice Nursing Act, the Pharmacy Practice Act of 1987, and the Illinois Controlled Substances Act to make corresponding changes.


LRB094 09082 RAS 39306 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0527 LRB094 09082 RAS 39306 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 Clinical Psychologist Licensing Act is
5 amended by changing Sections 2 and 15 and by adding Sections
6 5.1, 5.2, 5.3, 5.4, 5.5, and 5.6 as follows:
 
7     (225 ILCS 15/2)  (from Ch. 111, par. 5352)
8     (Section scheduled to be repealed on January 1, 2007)
9     Sec. 2. Definitions. As used in this Act:
10         (1) "Department" means the Department of Professional
11     Regulation.
12         (2) "Director" means the Director of Professional
13     Regulation.
14         (3) "Board" means the Clinical Psychologists Licensing
15     and Disciplinary Board appointed by the Director.
16         (4) "Person" means an individual, association,
17     partnership or corporation.
18         (5) "Clinical psychology" means the independent
19     evaluation, classification and treatment of mental,
20     emotional, behavioral or nervous disorders or conditions,
21     developmental disabilities, alcoholism and substance
22     abuse, disorders of habit or conduct, the psychological
23     aspects of physical illness. The practice of clinical
24     psychology includes psychoeducational evaluation, therapy,
25     remediation and consultation, the use of psychological and
26     neuropsychological testing, assessment, psychotherapy,
27     psychoanalysis, hypnosis, biofeedback, and behavioral
28     modification when any of these are used for the purpose of
29     preventing or eliminating psychopathology, or for the
30     amelioration of psychological disorders of individuals or
31     groups. "Clinical psychology" does not include the use of
32     hypnosis by unlicensed persons pursuant to Section 3.

 

 

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1         (6) A person represents himself to be a "clinical
2     psychologist" within the meaning of this Act when he or she
3     holds himself out to the public by any title or description
4     of services incorporating the words "psychological",
5     "psychologic", "psychologist", "psychology", or "clinical
6     psychologist" or under such title or description offers to
7     render or renders clinical psychological services as
8     defined in paragraph (7) of this Section to individuals,
9     corporations, or the public for remuneration.
10         (7) "Clinical psychological services" refers to any
11     services under paragraph (5) of this Section if the words
12     "psychological", "psychologic", "psychologist",
13     "psychology" or "clinical psychologist" are used to
14     describe such services by the person or organization
15     offering to render or rendering them.
16         (8) "Drugs" shall have the same meaning as that term is
17     given in the Pharmacy Practice Act of 1987.
18         (9) "Medicines" shall have the same meaning as that
19     term is given in the Pharmacy Practice Act of 1987.
20         (10) "Prescription" means an order for a drug,
21     laboratory test, or any medicines, devices, or treatments,
22     including controlled substances, as defined by State law.
23         (11) "Prescriptive authority" means the authority to
24     prescribe and dispense drugs, medicines, or other
25     treatment procedures.
26         (12) "Prescribing clinical psychologist" means a
27     licensed, doctoral-level psychologist who has undergone
28     specialized training, has passed an examination accepted
29     by the Clinical Psychologist Licensing and Disciplinary
30     Board, and has a current certificate granting prescriptive
31     authority issued by the Department that has not been
32     revoked or suspended.
33     This Act shall not apply to persons lawfully carrying on
34 their particular profession or business under any valid
35 existing regulatory Act of the State.
36 (Source: P.A. 89-702, eff. 7-1-97; 90-473, eff. 1-1-98.)
 

 

 

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1     (225 ILCS 15/5.1 new)
2     Sec. 5.1. Certification to prescribe drugs. The Department
3 shall certify licensed, doctoral-level psychologists to
4 prescribe and dispense drugs in accordance with applicable
5 State and federal laws. The Board shall develop and implement
6 procedures for reviewing educational and training credentials
7 for that certification process in accordance with current
8 standards of professional practice. The Board may seek the
9 advice of other State agencies with relevant experience in
10 devising the certification procedures and criteria.
 
11     (225 ILCS 15/5.2 new)
12     Sec. 5.2. Application requirements for prescriptive
13 authority.
14     (a) The Department shall grant certification to a
15 psychologist who applies for prescriptive authority and
16 demonstrates by official transcript or other official evidence
17 satisfactory to the Board all of the following:
18         (1) that he or she has completed a doctoral program in
19     psychology from a regionally-accredited university or
20     professional school or, if the program is not accredited at
21     the time of graduation, that he or she has completed a
22     doctoral program in psychology that meets recognized
23     acceptable professional standards, as determined by the
24     Board;
25         (2) that he or she holds a current license to practice
26     psychology in Illinois;
27         (3) that he or she has completed an organized program
28     of intensive didactic instruction, as defined by the Board,
29     within the 5-year period immediately before the date of
30     application, consisting of a minimum of 300 contact hours
31     and consisting of the following core areas of instruction:
32     (i) neuroscience, (ii) pharmacology, (iii)
33     psychopharmacology, (iv) physiology, (v) pathophysiology,
34     (vi) appropriate and relevant physical and laboratory

 

 

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1     assessment, and (vii) clinical pharmacotherapeutics;
2         (4) that he or she has obtained supervised and relevant
3     clinical experience sufficient to achieve competency in
4     the treatment of a diverse patient population under the
5     direction of qualified practitioners, as determined by the
6     Board, within the 5-year period immediately preceding the
7     date of application that includes the pharmacological
8     treatment of a minimum of 100 patients under the full
9     supervision and control of a designated qualified
10     practitioner, who will then certify the clinical
11     competency of the candidate for certification; and
12         (5) that he or she has passed a certifying examination
13     stipulated by the Board.
14     (b) If the applicant completed the organized program of
15 intensive didactic instruction required by paragraph (3) of
16 subsection (a) more than 5 years prior to application, the
17 Department shall grant the certification for prescriptive
18 authority if the applicant has met the requirements specified
19 in paragraphs (1), (2), (4), and (5) of subsection (a) and has
20 completed 24 hours of continuing education in the 2 years
21 immediately prior to application as specified in Section 5.3.
 
22     (225 ILCS 15/5.3 new)
23     Sec. 5.3. Renewal of prescriptive authority; prescriptive
24 authority continuing education.
25     (a) The Board shall establish, by rule, a method for the
26 annual renewal of prescriptive authority at the time of, or in
27 conjunction with, the renewal of clinical psychology licenses.
28     (b) Each applicant for renewal of prescriptive authority
29 shall present to the Board satisfactory evidence that
30 demonstrates the completion of 24 hours of instruction relevant
31 to prescriptive authority during the 2 years immediately prior
32 to his or her application for renewal.
 
33     (225 ILCS 15/5.4 new)
34     Sec. 5.4. Prescribing practices.

 

 

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1     (a) Every prescription by a prescribing clinical
2 psychologist shall comply with all applicable State and federal
3 laws, be identified as issued by the psychologist as a
4 "prescribing clinical psychologist", and include the
5 prescriber's identification number assigned by the Board.
6     (b) Records of all prescriptions shall be maintained in
7 patient records.
8     (c) A prescribing clinical psychologist shall not delegate
9 the prescribing of drugs to any other person.
10     (d) A prescribing clinical psychologist shall maintain an
11 ongoing collaborative relationship with the health care
12 practitioner who oversees the patient's general medical care to
13 ensure that necessary medical examinations are conducted, the
14 psychotropic medication is appropriate for the patient's
15 medical condition, and significant changes in the patient's
16 medical or psychological condition are discussed.
17     (e) For the purpose of this Section:
18     "Collaborative relationship" means a cooperative working
19 relationship between a prescribing clinical psychologist and a
20 health care practitioner in the provision of patient care,
21 including diagnosis and cooperation in the management and
22 delivery of physical and mental health care.
23     "Health care practitioner" means a physician, osteopathic
24 physician, or nurse practitioner.
 
25     (225 ILCS 15/5.5 new)
26     Sec. 5.5. Controlled substance prescriptive authority.
27     (a) When authorized to prescribe controlled substances,
28 each prescribing clinical psychologist shall file, in a timely
29 manner, any and all individual Drug Enforcement Agency (DEA)
30 registrations and Board-issued identification numbers with the
31 Board.
32     (b) The Board shall maintain current records of every
33 prescribing clinical psychologist, which shall include the DEA
34 and Board-issued identification numbers of each prescribing
35 clinical psychologist.
 

 

 

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1     (225 ILCS 15/5.6 new)
2     Sec. 5.6. Interaction with State Board of Pharmacy.
3     (a) The Clinical Psychologist Licensing and Disciplinary
4 Board shall transmit to the State Board of Pharmacy of the
5 Department of Financial and Professional Regulation an annual
6 list of prescribing clinical psychologists containing all of
7 the following information:
8         (1) the name of the prescribing clinical psychologist;
9         (2) the prescribing clinical psychologist's
10     identification number assigned by the Clinical
11     Psychologist Licensing and Disciplinary Board; and
12         (3) the effective dates of the prescribing clinical
13     psychologist's prescriptive authority.
14     (b) The Clinical Psychologist Licensing and Disciplinary
15 Board shall promptly forward to the State Board of Pharmacy the
16 names and titles of psychologists added to or deleted from the
17 annual list of prescribing clinical psychologists.
18     (c) The Clinical Psychologist Licensing and Disciplinary
19 Board shall, in a timely manner, notify the State Board of
20 Pharmacy of the termination, suspension, or reinstatement of a
21 psychologist's prescriptive authority.
 
22     (225 ILCS 15/15)  (from Ch. 111, par. 5365)
23     (Section scheduled to be repealed on January 1, 2007)
24     Sec. 15. Disciplinary action; grounds. The Department may
25 refuse to issue, refuse to renew, suspend, or revoke any
26 license, or may place on probation, censure, reprimand, or take
27 other disciplinary action deemed appropriate by the
28 Department, including the imposition of fines not to exceed
29 $5000 for each violation, with regard to any license issued
30 under the provisions of this Act for any one or a combination
31 of the following reasons:
32     (1) Conviction of any crime that is a felony under the laws
33 of the United States or any state or territory thereof or that
34 is a misdemeanor of which an essential element is dishonesty,

 

 

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1 or any crime that is directly related to the practice of the
2 profession.
3     (2) Gross negligence in the rendering of clinical
4 psychological services.
5     (3) Using fraud or making any misrepresentation in applying
6 for a license or in passing the examination provided for in
7 this Act.
8     (4) Aiding or abetting or conspiring to aid or abet a
9 person, not a clinical psychologist licensed under this Act, in
10 representing himself or herself as so licensed or in applying
11 for a license under this Act.
12     (5) Violation of any provision of this Act or the rules
13 promulgated thereunder.
14     (6) Professional connection or association with any
15 person, firm, association, partnership or corporation holding
16 himself, herself, themselves, or itself out in any manner
17 contrary to this Act.
18     (7) Unethical, unauthorized or unprofessional conduct as
19 defined by rule. In establishing those rules, the Department
20 shall consider, though is not bound by, the ethical standards
21 for psychologists promulgated by recognized national
22 psychology associations.
23     (8) Aiding or assisting another person in violating any
24 provisions of this Act or the rules promulgated thereunder.
25     (9) Failing to provide, within 60 days, information in
26 response to a written request made by the Department.
27     (10) Habitual or excessive use or addiction to alcohol,
28 narcotics, stimulants, or any other chemical agent or drug that
29 results in a clinical psychologist's inability to practice with
30 reasonable judgment, skill or safety.
31     (11) Discipline by another state, territory, the District
32 of Columbia or foreign country, if at least one of the grounds
33 for the discipline is the same or substantially equivalent to
34 those set forth herein.
35     (12) Directly or indirectly giving or receiving from any
36 person, firm, corporation, association or partnership any fee,

 

 

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1 commission, rebate or other form of compensation for any
2 professional service not actually or personally rendered.
3     (13) A finding by the Board that the licensee, after having
4 his or her license placed on probationary status has violated
5 the terms of probation.
6     (14) Willfully making or filing false records or reports,
7 including but not limited to, false records or reports filed
8 with State agencies or departments.
9     (15) Physical illness, including but not limited to,
10 deterioration through the aging process, mental illness or
11 disability that results in the inability to practice the
12 profession with reasonable judgment, skill and safety.
13     (16) Willfully failing to report an instance of suspected
14 child abuse or neglect as required by the Abused and Neglected
15 Child Reporting Act.
16     (17) Being named as a perpetrator in an indicated report by
17 the Department of Children and Family Services pursuant to the
18 Abused and Neglected Child Reporting Act, and upon proof by
19 clear and convincing evidence that the licensee has caused a
20 child to be an abused child or neglected child as defined in
21 the Abused and Neglected Child Reporting Act.
22     (18) Violation of the Health Care Worker Self-Referral Act.
23     (19) Making a material misstatement in furnishing
24 information to the Department, any other State or federal
25 agency, or any other entity.
26     The entry of an order by any circuit court establishing
27 that any person holding a license under this Act is subject to
28 involuntary admission or judicial admission as provided for in
29 the Mental Health and Developmental Disabilities Code,
30 operates as an automatic suspension of that license. That
31 person may have his or her license restored only upon the
32 determination by a circuit court that the patient is no longer
33 subject to involuntary admission or judicial admission and the
34 issuance of an order so finding and discharging the patient and
35 upon the Board's recommendation to the Department that the
36 license be restored. Where the circumstances so indicate, the

 

 

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1 Board may recommend to the Department that it require an
2 examination prior to restoring any license so automatically
3 suspended.
4     The Department may refuse to issue or may suspend the
5 license of any person who fails to file a return, or to pay the
6 tax, penalty or interest shown in a filed return, or to pay any
7 final assessment of the tax penalty or interest, as required by
8 any tax Act administered by the Illinois Department of Revenue,
9 until such time as the requirements of any such tax Act are
10 satisfied.
11     In enforcing this Section, the Board upon a showing of a
12 possible violation may compel any person licensed to practice
13 under this Act, or who has applied for licensure or
14 certification pursuant to this Act, to submit to a mental or
15 physical examination, or both, as required by and at the
16 expense of the Department. The examining physicians or clinical
17 psychologists shall be those specifically designated by the
18 Board. The Board or the Department may order the examining
19 physician or clinical psychologist to present testimony
20 concerning this mental or physical examination of the licensee
21 or applicant. No information shall be excluded by reason of any
22 common law or statutory privilege relating to communications
23 between the licensee or applicant and the examining physician
24 or clinical psychologist. The person to be examined may have,
25 at his or her own expense, another physician or clinical
26 psychologist of his or her choice present during all aspects of
27 the examination. Failure of any person to submit to a mental or
28 physical examination, when directed, shall be grounds for
29 suspension of a license until the person submits to the
30 examination if the Board finds, after notice and hearing, that
31 the refusal to submit to the examination was without reasonable
32 cause.
33     If the Board finds a person unable to practice because of
34 the reasons set forth in this Section, the Board may require
35 that person to submit to care, counseling or treatment by
36 physicians or clinical psychologists approved or designated by

 

 

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1 the Board, as a condition, term, or restriction for continued,
2 reinstated, or renewed licensure to practice; or, in lieu of
3 care, counseling or treatment, the Board may recommend to the
4 Department to file a complaint to immediately suspend, revoke
5 or otherwise discipline the license of the person. Any person
6 whose license was granted, continued, reinstated, renewed,
7 disciplined or supervised subject to such terms, conditions or
8 restrictions, and who fails to comply with such terms,
9 conditions or restrictions, shall be referred to the Director
10 for a determination as to whether the person shall have his or
11 her license suspended immediately, pending a hearing by the
12 Board.
13     In instances in which the Director immediately suspends a
14 person's license under this Section, a hearing on that person's
15 license must be convened by the Board within 15 days after the
16 suspension and completed without appreciable delay. The Board
17 shall have the authority to review the subject person's record
18 of treatment and counseling regarding the impairment, to the
19 extent permitted by applicable federal statutes and
20 regulations safeguarding the confidentiality of medical
21 records.
22     A person licensed under this Act and affected under this
23 Section shall be afforded an opportunity to demonstrate to the
24 Board that he or she can resume practice in compliance with
25 acceptable and prevailing standards under the provisions of his
26 or her license.
27     (b) The Board shall prescribe, by rule, criteria for
28 disciplining, suspending, or revoking the prescriptive
29 authority of a prescribing clinical psychologist. The Board
30 shall have the power and duty to require remediation,
31 suspension, or revocation of a psychologist's prescriptive
32 authority for a specified period of time, determined at the
33 discretion of the Board and in accordance with State law.
34 (Source: P.A. 89-702, eff. 7-1-97.)
 
35     Section 10. The Nursing and Advanced Practice Nursing Act

 

 

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1 is amended by changing Sections 5-10 and 5-15 as follows:
 
2     (225 ILCS 65/5-10)
3     (Section scheduled to be repealed on January 1, 2008)
4     Sec. 5-10. Definitions. Each of the following terms, when
5 used in this Act, shall have the meaning ascribed to it in this
6 Section, except where the context clearly indicates otherwise:
7     (a) "Department" means the Department of Professional
8 Regulation.
9     (b) "Director" means the Director of Professional
10 Regulation.
11     (c) "Board" means the Board of Nursing appointed by the
12 Director.
13     (d) "Academic year" means the customary annual schedule of
14 courses at a college, university, or approved school,
15 customarily regarded as the school year as distinguished from
16 the calendar year.
17     (e) "Approved program of professional nursing education"
18 and "approved program of practical nursing education" are
19 programs of professional or practical nursing, respectively,
20 approved by the Department under the provisions of this Act.
21     (f) "Nursing Act Coordinator" means a registered
22 professional nurse appointed by the Director to carry out the
23 administrative policies of the Department.
24     (g) "Assistant Nursing Act Coordinator" means a registered
25 professional nurse appointed by the Director to assist in
26 carrying out the administrative policies of the Department.
27     (h) "Registered" is the equivalent of "licensed".
28     (i) "Practical nurse" or "licensed practical nurse" means a
29 person who is licensed as a practical nurse under this Act and
30 practices practical nursing as defined in paragraph (j) of this
31 Section. Only a practical nurse licensed under this Act is
32 entitled to use the title "licensed practical nurse" and the
33 abbreviation "L.P.N.".
34     (j) "Practical nursing" means the performance of nursing
35 acts requiring the basic nursing knowledge, judgement, and

 

 

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1 skill acquired by means of completion of an approved practical
2 nursing education program. Practical nursing includes
3 assisting in the nursing process as delegated by and under the
4 direction of a registered professional nurse. The practical
5 nurse may work under the direction of a licensed physician,
6 dentist, podiatrist, or other health care professional
7 determined by the Department.
8     (k) "Registered Nurse" or "Registered Professional Nurse"
9 means a person who is licensed as a professional nurse under
10 this Act and practices nursing as defined in paragraph (l) of
11 this Section. Only a registered nurse licensed under this Act
12 is entitled to use the titles "registered nurse" and
13 "registered professional nurse" and the abbreviation, "R.N.".
14     (l) "Registered professional nursing practice" includes
15 all nursing specialities and means the performance of any
16 nursing act based upon professional knowledge, judgment, and
17 skills acquired by means of completion of an approved
18 registered professional nursing education program. A
19 registered professional nurse provides nursing care
20 emphasizing the importance of the whole and the interdependence
21 of its parts through the nursing process to individuals,
22 groups, families, or communities, that includes but is not
23 limited to: (1) the assessment of healthcare needs, nursing
24 diagnosis, planning, implementation, and nursing evaluation;
25 (2) the promotion, maintenance, and restoration of health; (3)
26 counseling, patient education, health education, and patient
27 advocacy; (4) the administration of medications and treatments
28 as prescribed by a physician licensed to practice medicine in
29 all of its branches, a licensed dentist, a licensed podiatrist,
30 prescribing clinical psychologist, or a licensed optometrist
31 or as prescribed by a physician assistant in accordance with
32 written guidelines required under the Physician Assistant
33 Practice Act of 1987 or by an advanced practice nurse in
34 accordance with a written collaborative agreement required
35 under the Nursing and Advanced Practice Nursing Act; (5) the
36 coordination and management of the nursing plan of care; (6)

 

 

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1 the delegation to and supervision of individuals who assist the
2 registered professional nurse implementing the plan of care;
3 and (7) teaching and supervision of nursing students. The
4 foregoing shall not be deemed to include those acts of medical
5 diagnosis or prescription of therapeutic or corrective
6 measures that are properly performed only by physicians
7 licensed in the State of Illinois.
8     (m) "Current nursing practice update course" means a
9 planned nursing education curriculum approved by the
10 Department consisting of activities that have educational
11 objectives, instructional methods, content or subject matter,
12 clinical practice, and evaluation methods, related to basic
13 review and updating content and specifically planned for those
14 nurses previously licensed in the United States or its
15 territories and preparing for reentry into nursing practice.
16     (n) "Professional assistance program for nurses" means a
17 professional assistance program that meets criteria
18 established by the Board of Nursing and approved by the
19 Director, which provides a non-disciplinary treatment approach
20 for nurses licensed under this Act whose ability to practice is
21 compromised by alcohol or chemical substance addiction.
22 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
23 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
 
24     Section 15. The Pharmacy Practice Act of 1987 is amended by
25 changing Sections 3 and 4 as follows:
 
26     (225 ILCS 85/3)  (from Ch. 111, par. 4123)
27     (Section scheduled to be repealed on January 1, 2008)
28     Sec. 3. Definitions. For the purpose of this Act, except
29 where otherwise limited therein:
30     (a) "Pharmacy" or "drugstore" means and includes every
31 store, shop, pharmacy department, or other place where
32 pharmaceutical care is provided by a pharmacist (1) where
33 drugs, medicines, or poisons are dispensed, sold or offered for
34 sale at retail, or displayed for sale at retail; or (2) where

 

 

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1 prescriptions of physicians, dentists, veterinarians,
2 podiatrists, prescribing clinical psychologists, or
3 therapeutically certified optometrists, within the limits of
4 their licenses, are compounded, filled, or dispensed; or (3)
5 which has upon it or displayed within it, or affixed to or used
6 in connection with it, a sign bearing the word or words
7 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
8 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
9 "Drugs", "Medicines", or any word or words of similar or like
10 import, either in the English language or any other language;
11 or (4) where the characteristic prescription sign (Rx) or
12 similar design is exhibited; or (5) any store, or shop, or
13 other place with respect to which any of the above words,
14 objects, signs or designs are used in any advertisement.
15     (b) "Drugs" means and includes (l) articles recognized in
16 the official United States Pharmacopoeia/National Formulary
17 (USP/NF), or any supplement thereto and being intended for and
18 having for their main use the diagnosis, cure, mitigation,
19 treatment or prevention of disease in man or other animals, as
20 approved by the United States Food and Drug Administration, but
21 does not include devices or their components, parts, or
22 accessories; and (2) all other articles intended for and having
23 for their main use the diagnosis, cure, mitigation, treatment
24 or prevention of disease in man or other animals, as approved
25 by the United States Food and Drug Administration, but does not
26 include devices or their components, parts, or accessories; and
27 (3) articles (other than food) having for their main use and
28 intended to affect the structure or any function of the body of
29 man or other animals; and (4) articles having for their main
30 use and intended for use as a component or any articles
31 specified in clause (l), (2) or (3); but does not include
32 devices or their components, parts or accessories.
33     (c) "Medicines" means and includes all drugs intended for
34 human or veterinary use approved by the United States Food and
35 Drug Administration.
36     (d) "Practice of pharmacy" means the provision of

 

 

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1 pharmaceutical care to patients as determined by the
2 pharmacist's professional judgment in the following areas,
3 which may include but are not limited to (1) patient
4 counseling, (2) interpretation and assisting in the monitoring
5 of appropriate drug use and prospective drug utilization
6 review, (3) providing information on the therapeutic values,
7 reactions, drug interactions, side effects, uses, selection of
8 medications and medical devices, and outcome of drug therapy,
9 (4) participation in drug selection, drug monitoring, drug
10 utilization review, evaluation, administration,
11 interpretation, application of pharmacokinetic and laboratory
12 data to design safe and effective drug regimens, (5) drug
13 research (clinical and scientific), and (6) compounding and
14 dispensing of drugs and medical devices.
15     (e) "Prescription" means and includes any written, oral,
16 facsimile, or electronically transmitted order for drugs or
17 medical devices, issued by a physician licensed to practice
18 medicine in all its branches, dentist, veterinarian,
19 prescribing clinical psychologist, or podiatrist, or
20 therapeutically certified optometrist, within the limits of
21 their licenses, by a physician assistant in accordance with
22 subsection (f) of Section 4, or by an advanced practice nurse
23 in accordance with subsection (g) of Section 4, containing the
24 following: (l) name of the patient; (2) date when prescription
25 was issued; (3) name and strength of drug or description of the
26 medical device prescribed; and (4) quantity, (5) directions for
27 use, (6) prescriber's name, address and signature, and (7) DEA
28 number where required, for controlled substances. DEA numbers
29 shall not be required on inpatient drug orders.
30     (f) "Person" means and includes a natural person,
31 copartnership, association, corporation, government entity, or
32 any other legal entity.
33     (g) "Department" means the Department of Professional
34 Regulation.
35     (h) "Board of Pharmacy" or "Board" means the State Board of
36 Pharmacy of the Department of Professional Regulation.

 

 

SB0527 - 16 - LRB094 09082 RAS 39306 b

1     (i) "Director" means the Director of Professional
2 Regulation.
3     (j) "Drug product selection" means the interchange for a
4 prescribed pharmaceutical product in accordance with Section
5 25 of this Act and Section 3.14 of the Illinois Food, Drug and
6 Cosmetic Act.
7     (k) "Inpatient drug order" means an order issued by an
8 authorized prescriber for a resident or patient of a facility
9 licensed under the Nursing Home Care Act or the Hospital
10 Licensing Act, or "An Act in relation to the founding and
11 operation of the University of Illinois Hospital and the
12 conduct of University of Illinois health care programs",
13 approved July 3, 1931, as amended, or a facility which is
14 operated by the Department of Human Services (as successor to
15 the Department of Mental Health and Developmental
16 Disabilities) or the Department of Corrections.
17     (k-5) "Pharmacist" means an individual health care
18 professional and provider currently licensed by this State to
19 engage in the practice of pharmacy.
20     (l) "Pharmacist in charge" means the licensed pharmacist
21 whose name appears on a pharmacy license and who is responsible
22 for all aspects of the operation related to the practice of
23 pharmacy.
24     (m) "Dispense" means the delivery of drugs and medical
25 devices, in accordance with applicable State and federal laws
26 and regulations, to the patient or the patient's representative
27 authorized to receive these products, including the
28 preparation, compounding, packaging, and labeling necessary
29 for delivery, computer entry, and verification of medication
30 orders and prescriptions, and any recommending or advising
31 concerning the contents and therapeutic values and uses
32 thereof. "Dispense" does not mean the physical delivery to a
33 patient or a patient's representative in a home or institution
34 by a designee of a pharmacist or by common carrier. "Dispense"
35 also does not mean the physical delivery of a drug or medical
36 device to a patient or patient's representative by a

 

 

SB0527 - 17 - LRB094 09082 RAS 39306 b

1 pharmacist's designee within a pharmacy or drugstore while the
2 pharmacist is on duty and the pharmacy is open.
3     (n) "Mail-order pharmacy" means a pharmacy that is located
4 in a state of the United States, other than Illinois, that
5 delivers, dispenses or distributes, through the United States
6 Postal Service or other common carrier, to Illinois residents,
7 any substance which requires a prescription.
8     (o) "Compounding" means the preparation, mixing,
9 assembling, packaging, or labeling of a drug or medical device:
10 (1) as the result of a practitioner's prescription drug order
11 or initiative that is dispensed pursuant to a prescription in
12 the course of professional practice; or (2) for the purpose of,
13 or incident to, research, teaching, or chemical analysis; or
14 (3) in anticipation of prescription drug orders based on
15 routine, regularly observed prescribing patterns.
16     (p) "Confidential information" means information,
17 maintained by the pharmacist in the patient's records, released
18 only (i) to the patient or, as the patient directs, to other
19 practitioners and other pharmacists or (ii) to any other person
20 authorized by law to receive the information.
21     (q) "Prospective drug review" or "drug utilization
22 evaluation" means a screening for potential drug therapy
23 problems due to therapeutic duplication, drug-disease
24 contraindications, drug-drug interactions (including serious
25 interactions with nonprescription or over-the-counter drugs),
26 drug-food interactions, incorrect drug dosage or duration of
27 drug treatment, drug-allergy interactions, and clinical abuse
28 or misuse.
29     (r) "Patient counseling" means the communication between a
30 pharmacist or a student pharmacist under the direct supervision
31 of a pharmacist and a patient or the patient's representative
32 about the patient's medication or device for the purpose of
33 optimizing proper use of prescription medications or devices.
34 The offer to counsel by the pharmacist or the pharmacist's
35 designee, and subsequent patient counseling by the pharmacist
36 or student pharmacist, shall be made in a face-to-face

 

 

SB0527 - 18 - LRB094 09082 RAS 39306 b

1 communication with the patient or patient's representative
2 unless, in the professional judgment of the pharmacist, a
3 face-to-face communication is deemed inappropriate or
4 unnecessary. In that instance, the offer to counsel or patient
5 counseling may be made in a written communication, by
6 telephone, or in a manner determined by the pharmacist to be
7 appropriate.
8     (s) "Patient profiles" or "patient drug therapy record"
9 means the obtaining, recording, and maintenance of patient
10 prescription information, including prescriptions for
11 controlled substances, and personal information.
12     (t) "Pharmaceutical care" includes, but is not limited to,
13 the act of monitoring drug use and other patient care services
14 intended to achieve outcomes that improve the patient's quality
15 of life but shall not include the sale of over-the-counter
16 drugs by a seller of goods and services who does not dispense
17 prescription drugs.
18     (u) "Medical device" means an instrument, apparatus,
19 implement, machine, contrivance, implant, in vitro reagent, or
20 other similar or related article, including any component part
21 or accessory, required under federal law to bear the label
22 "Caution: Federal law requires dispensing by or on the order of
23 a physician". A seller of goods and services who, only for the
24 purpose of retail sales, compounds, sells, rents, or leases
25 medical devices shall not, by reasons thereof, be required to
26 be a licensed pharmacy.
27     (v) "Unique identifier" means an electronic signature,
28 handwritten signature or initials, thumb print, or other
29 acceptable individual biometric or electronic identification
30 process as approved by the Department.
31 (Source: P.A. 92-880, eff. 1-1-04; 93-571, eff. 8-20-03;
32 93-1075, eff. 1-18-05.)
 
33     (225 ILCS 85/4)  (from Ch. 111, par. 4124)
34     (Section scheduled to be repealed on January 1, 2008)
35     Sec. 4. Exemptions. Nothing contained in any Section of

 

 

SB0527 - 19 - LRB094 09082 RAS 39306 b

1 this Act shall apply to, or in any manner interfere with:
2     (a) the lawful practice of any physician licensed to
3 practice medicine in all of its branches, dentist, podiatrist,
4 veterinarian, prescribing clinical psychologist, or
5 therapeutically or diagnostically certified optometrist within
6 the limits of his or her license, or prevent him or her from
7 supplying to his or her bona fide patients such drugs,
8 medicines, or poisons as may seem to him appropriate;
9     (b) the sale of compressed gases;
10     (c) the sale of patent or proprietary medicines and
11 household remedies when sold in original and unbroken packages
12 only, if such patent or proprietary medicines and household
13 remedies be properly and adequately labeled as to content and
14 usage and generally considered and accepted as harmless and
15 nonpoisonous when used according to the directions on the
16 label, and also do not contain opium or coca leaves, or any
17 compound, salt or derivative thereof, or any drug which,
18 according to the latest editions of the following authoritative
19 pharmaceutical treatises and standards, namely, The United
20 States Pharmacopoeia/National Formulary (USP/NF), the United
21 States Dispensatory, and the Accepted Dental Remedies of the
22 Council of Dental Therapeutics of the American Dental
23 Association or any or either of them, in use on the effective
24 date of this Act, or according to the existing provisions of
25 the Federal Food, Drug, and Cosmetic Act and Regulations of the
26 Department of Health and Human Services, Food and Drug
27 Administration, promulgated thereunder now in effect, is
28 designated, described or considered as a narcotic, hypnotic,
29 habit forming, dangerous, or poisonous drug;
30     (d) the sale of poultry and livestock remedies in original
31 and unbroken packages only, labeled for poultry and livestock
32 medication;
33     (e) the sale of poisonous substances or mixture of
34 poisonous substances, in unbroken packages, for nonmedicinal
35 use in the arts or industries or for insecticide purposes;
36 provided, they are properly and adequately labeled as to

 

 

SB0527 - 20 - LRB094 09082 RAS 39306 b

1 content and such nonmedicinal usage, in conformity with the
2 provisions of all applicable federal, state and local laws and
3 regulations promulgated thereunder now in effect relating
4 thereto and governing the same, and those which are required
5 under such applicable laws and regulations to be labeled with
6 the word "Poison", are also labeled with the word "Poison"
7 printed thereon in prominent type and the name of a readily
8 obtainable antidote with directions for its administration;
9     (f) the delegation of limited prescriptive authority by a
10 physician licensed to practice medicine in all its branches to
11 a physician assistant under Section 7.5 of the Physician
12 Assistant Practice Act of 1987. This delegated authority may
13 but is not required to include prescription of Schedule III,
14 IV, or V controlled substances, as defined in Article II of the
15 Illinois Controlled Substances Act, in accordance with written
16 guidelines under Section 7.5 of the Physician Assistant
17 Practice Act of 1987; and
18     (g) The delegation of limited prescriptive authority by a
19 physician licensed to practice medicine in all its branches to
20 an advanced practice nurse in accordance with a written
21 collaborative agreement under Sections 15-15 and 15-20 of the
22 Nursing and Advanced Practice Nursing Act. This delegated
23 authority may but is not required to include the prescription
24 of Schedule III, IV, or V controlled substances as defined in
25 Article II of the Illinois Controlled Substances Act.
26 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
27 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
 
28     Section 20. The Illinois Controlled Substances Act is
29 amended by changing Section 102 as follows:
 
30     (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
31     Sec. 102. Definitions. As used in this Act, unless the
32 context otherwise requires:
33     (a) "Addict" means any person who habitually uses any drug,
34 chemical, substance or dangerous drug other than alcohol so as

 

 

SB0527 - 21 - LRB094 09082 RAS 39306 b

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

 

 

SB0527 - 22 - LRB094 09082 RAS 39306 b

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

 

 

SB0527 - 23 - LRB094 09082 RAS 39306 b

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

 

 

SB0527 - 24 - LRB094 09082 RAS 39306 b

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

 

 

SB0527 - 25 - LRB094 09082 RAS 39306 b

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

 

 

SB0527 - 26 - LRB094 09082 RAS 39306 b

1         (2) which is an immediate chemical intermediary used or
2     likely to be used in the manufacture of such controlled
3     substance; and
4         (3) the control of which is necessary to prevent,
5     curtail or limit the manufacture of such controlled
6     substance.
7     (w) "Instructional activities" means the acts of teaching,
8 educating or instructing by practitioners using controlled
9 substances within educational facilities approved by the State
10 Board of Education or its successor agency.
11     (x) "Local authorities" means a duly organized State,
12 County or Municipal peace unit or police force.
13     (y) "Look-alike substance" means a substance, other than a
14 controlled substance which (1) by overall dosage unit
15 appearance, including shape, color, size, markings or lack
16 thereof, taste, consistency, or any other identifying physical
17 characteristic of the substance, would lead a reasonable person
18 to believe that the substance is a controlled substance, or (2)
19 is expressly or impliedly represented to be a controlled
20 substance or is distributed under circumstances which would
21 lead a reasonable person to believe that the substance is a
22 controlled substance. For the purpose of determining whether
23 the representations made or the circumstances of the
24 distribution would lead a reasonable person to believe the
25 substance to be a controlled substance under this clause (2) of
26 subsection (y), the court or other authority may consider the
27 following factors in addition to any other factor that may be
28 relevant:
29         (a) statements made by the owner or person in control
30     of the substance concerning its nature, use or effect;
31         (b) statements made to the buyer or recipient that the
32     substance may be resold for profit;
33         (c) whether the substance is packaged in a manner
34     normally used for the illegal distribution of controlled
35     substances;
36         (d) whether the distribution or attempted distribution

 

 

SB0527 - 27 - LRB094 09082 RAS 39306 b

1     included an exchange of or demand for money or other
2     property as consideration, and whether the amount of the
3     consideration was substantially greater than the
4     reasonable retail market value of the substance.
5     Clause (1) of this subsection (y) shall not apply to a
6 noncontrolled substance in its finished dosage form that was
7 initially introduced into commerce prior to the initial
8 introduction into commerce of a controlled substance in its
9 finished dosage form which it may substantially resemble.
10     Nothing in this subsection (y) prohibits the dispensing or
11 distributing of noncontrolled substances by persons authorized
12 to dispense and distribute controlled substances under this
13 Act, provided that such action would be deemed to be carried
14 out in good faith under subsection (u) if the substances
15 involved were controlled substances.
16     Nothing in this subsection (y) or in this Act prohibits the
17 manufacture, preparation, propagation, compounding,
18 processing, packaging, advertising or distribution of a drug or
19 drugs by any person registered pursuant to Section 510 of the
20 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
21     (y-1) "Mail-order pharmacy" means a pharmacy that is
22 located in a state of the United States, other than Illinois,
23 that delivers, dispenses or distributes, through the United
24 States Postal Service or other common carrier, to Illinois
25 residents, any substance which requires a prescription.
26     (z) "Manufacture" means the production, preparation,
27 propagation, compounding, conversion or processing of a
28 controlled substance, either directly or indirectly, by
29 extraction from substances of natural origin, or independently
30 by means of chemical synthesis, or by a combination of
31 extraction and chemical synthesis, and includes any packaging
32 or repackaging of the substance or labeling of its container,
33 except that this term does not include:
34         (1) by an ultimate user, the preparation or compounding
35     of a controlled substance for his own use; or
36         (2) by a practitioner, or his authorized agent under

 

 

SB0527 - 28 - LRB094 09082 RAS 39306 b

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) "Methamphetamine manufacturing chemical" means any
9 of the following chemicals or substances containing any of the
10 following chemicals: benzyl methyl ketone, ephedrine, methyl
11 benzyl ketone, phenylacetone, phenyl-2-propanone,
12 pseudoephedrine, or red phosphorous or any of the salts,
13 optical isomers, or salts of optical isomers of the
14 above-listed chemicals.
15     (aa) "Narcotic drug" means any of the following, whether
16 produced directly or indirectly by extraction from substances
17 of natural origin, or independently by means of chemical
18 synthesis, or by a combination of extraction and chemical
19 synthesis:
20         (1) opium and opiate, and any salt, compound,
21     derivative, or preparation of opium or opiate;
22         (2) any salt, compound, isomer, derivative, or
23     preparation thereof which is chemically equivalent or
24     identical with any of the substances referred to in clause
25     (1), but not including the isoquinoline alkaloids of opium;
26         (3) opium poppy and poppy straw;
27         (4) coca leaves and any salts, compound, isomer, salt
28     of an isomer, derivative, or preparation of coca leaves
29     including cocaine or ecgonine, and any salt, compound,
30     isomer, derivative, or preparation thereof which is
31     chemically equivalent or identical with any of these
32     substances, but not including decocainized coca leaves or
33     extractions of coca leaves which do not contain cocaine or
34     ecgonine (for the purpose of this paragraph, the term
35     "isomer" includes optical, positional and geometric
36     isomers).

 

 

SB0527 - 29 - LRB094 09082 RAS 39306 b

1     (bb) "Nurse" means a registered nurse licensed under the
2 Nursing and Advanced Practice Nursing Act.
3     (cc) (Blank).
4     (dd) "Opiate" means any substance having an addiction
5 forming or addiction sustaining liability similar to morphine
6 or being capable of conversion into a drug having addiction
7 forming or addiction sustaining liability.
8     (ee) "Opium poppy" means the plant of the species Papaver
9 somniferum L., except its seeds.
10     (ff) "Parole and Pardon Board" means the Parole and Pardon
11 Board of the State of Illinois or its successor agency.
12     (gg) "Person" means any individual, corporation,
13 mail-order pharmacy, government or governmental subdivision or
14 agency, business trust, estate, trust, partnership or
15 association, or any other entity.
16     (hh) "Pharmacist" means any person who holds a certificate
17 of registration as a registered pharmacist, a local registered
18 pharmacist or a registered assistant pharmacist under the
19 Pharmacy Practice Act of 1987.
20     (ii) "Pharmacy" means any store, ship or other place in
21 which pharmacy is authorized to be practiced under the Pharmacy
22 Practice Act of 1987.
23     (jj) "Poppy straw" means all parts, except the seeds, of
24 the opium poppy, after mowing.
25     (kk) "Practitioner" means a physician licensed to practice
26 medicine in all its branches, dentist, podiatrist, prescribing
27 clinical psychologist, veterinarian, scientific investigator,
28 pharmacist, physician assistant, advanced practice nurse,
29 licensed practical nurse, registered nurse, hospital,
30 laboratory, or pharmacy, or other person licensed, registered,
31 or otherwise lawfully permitted by the United States or this
32 State to distribute, dispense, conduct research with respect
33 to, administer or use in teaching or chemical analysis, a
34 controlled substance in the course of professional practice or
35 research.
36     (ll) "Pre-printed prescription" means a written

 

 

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

 

 

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1 States of America.
2     (ss) "Ultimate user" means a person who lawfully possesses
3 a controlled substance for his own use or for the use of a
4 member of his household or for administering to an animal owned
5 by him or by a member of his household.
6 (Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03;
7 93-626, eff. 12-23-03.)