95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1355

 

Introduced 2/9/2007, by Sen. Carol Ronen

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 15/2   from Ch. 111, par. 5352
225 ILCS 15/4.1 new
225 ILCS 15/4.2 new
225 ILCS 15/4.3 new
225 ILCS 15/4.4 new
225 ILCS 15/4.5 new
225 ILCS 15/4.6 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. Provides that the Clinical Psychologists Licensing and Disciplinary Board shall grant certification as medical psychologists to doctoral level psychologists licensed under the Act, and that this certification shall grant medical psychologists prescriptive authority to prescribe and dispense those drugs used in the treatment of mental, emotional, and psychological disorders. Sets forth provisions concerning application requirements, renewal, prescribing practices, controlled substance prescriptive authority, and State Board of Pharmacy interaction. Amends the Nursing and Advanced Practice Nursing Act, the Pharmacy Practice Act of 1987, and the Illinois Controlled Substances Act to make related changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1355 LRB095 04986 RAS 25052 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 4.1, 4.2, 4.3, 4.4, 4.5, and 4.6 as follows:
 
7     (225 ILCS 15/2)  (from Ch. 111, par. 5352)
8     (Section scheduled to be repealed on January 1, 2017)
9     Sec. 2. Definitions. As used in this Act:
10         (1) "Department" means the Department of Financial and
11     Professional Regulation.
12         (2) "Secretary" means the Secretary of Financial and
13     Professional Regulation.
14         (3) "Board" means the Clinical Psychologists Licensing
15     and Disciplinary Board appointed by the Secretary.
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

 

 

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1     psychology includes psychoeducational evaluation, therapy,
2     remediation and consultation, the use of psychological and
3     neuropsychological testing, assessment, psychotherapy,
4     psychoanalysis, hypnosis, biofeedback, and behavioral
5     modification when any of these are used for the purpose of
6     preventing or eliminating psychopathology, or for the
7     amelioration of psychological disorders of individuals or
8     groups. "Clinical psychology" does not include the use of
9     hypnosis by unlicensed persons pursuant to Section 3.
10         (6) A person represents himself to be a "clinical
11     psychologist" within the meaning of this Act when he or she
12     holds himself out to the public by any title or description
13     of services incorporating the words "psychological",
14     "psychologic", "psychologist", "psychology", or "clinical
15     psychologist" or under such title or description offers to
16     render or renders clinical psychological services as
17     defined in paragraph (7) of this Section to individuals,
18     corporations, or the public for remuneration.
19         (7) "Clinical psychological services" refers to any
20     services under paragraph (5) of this Section if the words
21     "psychological", "psychologic", "psychologist",
22     "psychology" or "clinical psychologist" are used to
23     describe such services by the person or organization
24     offering to render or rendering them.
25         (8) "Drugs" has the meaning given to that term in the
26     Pharmacy Practice Act of 1987.

 

 

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1         (9) "Medicines" has the meaning given to that term in
2     the Pharmacy Practice Act of 1987.
3         (10) "Prescription" means an order for a drug,
4     laboratory test, or any medicines, devices, or treatments,
5     including controlled substances, as defined by State law.
6         (11) "Prescriptive authority" means the authority to
7     prescribe and dispense drugs, medicines, or other
8     treatment procedures.
9         (12) "Medical psychologist" means a licensed, doctoral
10     level psychologist who has undergone specialized training,
11     has passed an examination accepted by the Board, and has
12     received a current certificate granting prescriptive
13     authority that has not been revoked or suspended from the
14     Board.
15     This Act shall not apply to persons lawfully carrying on
16 their particular profession or business under any valid
17 existing regulatory Act of the State.
18 (Source: P.A. 94-870, eff. 6-16-06.)
 
19     (225 ILCS 15/4.1 new)
20     Sec. 4.1. Medical psychologist certification; prescriptive
21 authority. The Board shall grant certification as medical
22 psychologists to doctoral level psychologists licensed under
23 this Act. This certification shall grant medical psychologists
24 prescriptive authority to prescribe and dispense those drugs
25 used in the treatment of mental, emotional, and psychological

 

 

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1 disorders in accordance with applicable State and federal laws.
2     The Board shall develop and implement procedures and
3 criteria for reviewing educational and training credentials
4 for the certification process and the extent of prescriptive
5 authority, in accordance with current standards of
6 professional practice. The Board may seek the advice of other
7 State agencies with relevant experience in devising
8 certification procedures and criteria.
 
9     (225 ILCS 15/4.2 new)
10     Sec. 4.2. Medical psychologist certification application
11 requirements.
12     (a) The Department shall grant medical psychologist
13 certification to a psychologist who applies for certification
14 and demonstrates, by official transcript or other official
15 evidence satisfactory to the Board, all of the following:
16         (1) The completion of a doctoral program in psychology
17     from a regionally-accredited university or professional
18     school or, if the program is not accredited at the time of
19     graduation, completion of a doctoral program in psychology
20     that meets recognized acceptable professional standards,
21     as determined by the Board.
22         (2) Possession of a current and valid license to
23     practice psychology in this State.
24         (3) The completion of an organized program of intensive
25     didactic instruction, as defined by the Board, within the

 

 

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1     5-year period immediately before the date of application,
2     consisting of a minimum of 300 contact hours and the
3     following core areas of instruction:
4             (A) neuroscience;
5             (B) pharmacology;
6             (C) psychopharmacology;
7             (D) physiology;
8             (E) pathophysiology;
9             (F) appropriate and relevant physical and
10         laboratory assessment; and
11             (G) clinical pharmacotherapeutics.
12         (4) The procurement of supervised and relevant
13     clinical experience sufficient to achieve competency in
14     the treatment of a diverse patient population under the
15     direction of qualified practitioners, as determined by the
16     Board, within the 5-year period immediately preceding the
17     date of application that includes the pharmacological
18     treatment of a minimum of 100 patients under the full
19     supervision and control of a designated qualified
20     practitioner who shall then certify the clinical
21     competency of the candidate for certification; and the
22     completion of a minimum of 80 hours of supervised training
23     in physical assessment under the full supervision and
24     control of a designated qualified practitioner.
25         (5) The successful completion of a certifying
26     examination stipulated by the Board.

 

 

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1     (b) The Department shall grant certification to a
2 psychologist who applies for certification as a medical
3 psychologist and has completed the requirements specified in
4 subsection (a), except that the applicant has met the academic
5 requirements in paragraph (3) of subsection (a) more than 5
6 years prior to the application for prescriptive authority, if
7 the applicant has completed 24 hours of continuing education in
8 the 2 years immediately prior to application, as specified in
9 Section 4.3 of this Act.
 
10     (225 ILCS 15/4.3 new)
11     Sec. 4.3. Renewal of medical psychologist certification.
12     (a) The Board shall establish by rule a method for the
13 annual renewal of medical psychologist certification at the
14 time of or in conjunction with the renewal of clinical
15 psychology licenses.
16     (b) Each applicant for renewal of medical psychologist
17 certification shall present satisfactory evidence to the Board
18 demonstrating the completion of 24 required hours of
19 instruction relevant to prescriptive authority during the 24
20 months prior to application for renewal.
 
21     (225 ILCS 15/4.4 new)
22     Sec. 4.4. Prescribing practices.
23     (a) Every prescription by a medical psychologist shall (i)
24 comply with all applicable State and federal laws, (ii) be

 

 

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1 identified as issued by the psychologist as a "medical
2 psychologist", and (iii) include the medical psychologist's
3 identification number, as assigned by the Board.
4     (b) Records of all prescriptions shall be maintained in
5 patient records.
6     (c) A medical psychologist shall not delegate the
7 prescriptive authority to any other person.
8     (d) A medical psychologist shall maintain an ongoing
9 collaborative relationship with the health care practitioner
10 who oversees the patient's general medical care to ensure that
11 (i) necessary medical examinations are conducted, (ii) the
12 psychotropic medication is appropriate for the patient's
13 medical condition, (iii) and significant changes in the
14 patient's medical or psychological condition are discussed.
15     (e) In this Section:
16         "Collaborative relationship" means a cooperative
17     working relationship between a medical psychologist and a
18     health care practitioner in the provision of patient care,
19     including diagnosis and cooperation in the management and
20     delivery of physical and mental health care.
21         "Health care practitioner" means a physician,
22     osteopathic physician, or nurse practitioner.
 
23     (225 ILCS 15/4.5 new)
24     Sec. 4.5. Controlled substance prescriptive authority.
25     (a) When authorized to prescribe controlled substances, a

 

 

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1 medical psychologist shall file, in a timely manner, any
2 individual Drug Enforcement Agency (DEA) registrations and
3 identification numbers with the Board.
4     (b) The Board shall maintain current records of every
5 medical psychologist, including DEA registration and
6 identification numbers.
 
7     (225 ILCS 15/4.6 new)
8     Sec. 4.6. State Board of Pharmacy interaction.
9     (a) The Board shall transmit to the State Board of Pharmacy
10 an annual list of medical psychologists containing the
11 following information:
12         (1) the name of the psychologist;
13         (2) the medical psychologist's identification number
14     assigned by the Board; and
15         (3) the effective dates of the medical psychologist's
16     certification.
17     (b) The Board shall promptly forward to the Board of
18 Pharmacy the names and titles of psychologists added to or
19 deleted from the annual list of medical psychologists.
20     (c) The Board shall notify the State Board of Pharmacy, in
21 a timely manner, upon termination, suspension, or
22 reinstatement of a psychologist's certification as a medical
23 psychologist.
 
24     (225 ILCS 15/15)  (from Ch. 111, par. 5365)

 

 

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1     (Section scheduled to be repealed on January 1, 2017)
2     Sec. 15. Disciplinary action; grounds. The Department may
3 refuse to issue, refuse to renew, suspend, or revoke any
4 license, or may place on probation, censure, reprimand, or take
5 other disciplinary action deemed appropriate by the
6 Department, including the imposition of fines not to exceed
7 $10,000 for each violation, with regard to any license issued
8 under the provisions of this Act for any one or a combination
9 of the following reasons:
10         (1) Conviction of, or entry of a plea of guilty or nolo
11     contendere to, any crime that is a felony under the laws of
12     the United States or any state or territory thereof or that
13     is a misdemeanor of which an essential element is
14     dishonesty, or any crime that is directly related to the
15     practice of the profession.
16         (2) Gross negligence in the rendering of clinical
17     psychological services.
18         (3) Using fraud or making any misrepresentation in
19     applying for a license or in passing the examination
20     provided for in this Act.
21         (4) Aiding or abetting or conspiring to aid or abet a
22     person, not a clinical psychologist licensed under this
23     Act, in representing himself or herself as so licensed or
24     in applying for a license under this Act.
25         (5) Violation of any provision of this Act or the rules
26     promulgated thereunder.

 

 

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1         (6) Professional connection or association with any
2     person, firm, association, partnership or corporation
3     holding himself, herself, themselves, or itself out in any
4     manner contrary to this Act.
5         (7) Unethical, unauthorized or unprofessional conduct
6     as defined by rule. In establishing those rules, the
7     Department shall consider, though is not bound by, the
8     ethical standards for psychologists promulgated by
9     recognized national psychology associations.
10         (8) Aiding or assisting another person in violating any
11     provisions of this Act or the rules promulgated thereunder.
12         (9) Failing to provide, within 60 days, information in
13     response to a written request made by the Department.
14         (10) Habitual or excessive use or addiction to alcohol,
15     narcotics, stimulants, or any other chemical agent or drug
16     that results in a clinical psychologist's inability to
17     practice with reasonable judgment, skill or safety.
18         (11) Discipline by another state, territory, the
19     District of Columbia or foreign country, if at least one of
20     the grounds for the discipline is the same or substantially
21     equivalent to those set forth herein.
22         (12) Directly or indirectly giving or receiving from
23     any person, firm, corporation, association or partnership
24     any fee, commission, rebate or other form of compensation
25     for any professional service not actually or personally
26     rendered.

 

 

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1         (13) A finding by the Board that the licensee, after
2     having his or her license placed on probationary status has
3     violated the terms of probation.
4         (14) Willfully making or filing false records or
5     reports, including but not limited to, false records or
6     reports filed with State agencies or departments.
7         (15) Physical illness, including but not limited to,
8     deterioration through the aging process, mental illness or
9     disability that results in the inability to practice the
10     profession with reasonable judgment, skill and safety.
11         (16) Willfully failing to report an instance of
12     suspected child abuse or neglect as required by the Abused
13     and Neglected Child Reporting Act.
14         (17) Being named as a perpetrator in an indicated
15     report by the Department of Children and Family Services
16     pursuant to the Abused and Neglected Child Reporting Act,
17     and upon proof by clear and convincing evidence that the
18     licensee has caused a child to be an abused child or
19     neglected child as defined in the Abused and Neglected
20     Child Reporting Act.
21         (18) Violation of the Health Care Worker Self-Referral
22     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         (20) Failing to report to the Department any adverse

 

 

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1     judgment, settlement, or award arising from a liability
2     claim related to an act or conduct similar to an act or
3     conduct that would constitute grounds for action as set
4     forth in this Section.
5         (21) Failing to report to the Department any adverse
6     final action taken against a licensee or applicant by
7     another licensing jurisdiction, including any other state
8     or territory of the United States or any foreign state or
9     country, or any peer review body, health care institution,
10     professional society or association related to the
11     profession, governmental agency, law enforcement agency,
12     or court for an act or conduct similar to an act or conduct
13     that would constitute grounds for disciplinary action as
14     set forth in this Section.
15     The entry of an order by any circuit court establishing
16 that any person holding a license under this Act is subject to
17 involuntary admission or judicial admission as provided for in
18 the Mental Health and Developmental Disabilities Code,
19 operates as an automatic suspension of that license. That
20 person may have his or her license restored only upon the
21 determination by a circuit court that the patient is no longer
22 subject to involuntary admission or judicial admission and the
23 issuance of an order so finding and discharging the patient and
24 upon the Board's recommendation to the Department that the
25 license be restored. Where the circumstances so indicate, the
26 Board may recommend to the Department that it require an

 

 

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1 examination prior to restoring any license so automatically
2 suspended.
3     The Department may refuse to issue or may suspend the
4 license of any person who fails to file a return, or to pay the
5 tax, penalty or interest shown in a filed return, or to pay any
6 final assessment of the tax penalty or interest, as required by
7 any tax Act administered by the Illinois Department of Revenue,
8 until such time as the requirements of any such tax Act are
9 satisfied.
10     In enforcing this Section, the Board upon a showing of a
11 possible violation may compel any person licensed to practice
12 under this Act, or who has applied for licensure or
13 certification pursuant to this Act, to submit to a mental or
14 physical examination, or both, as required by and at the
15 expense of the Department. The examining physicians or clinical
16 psychologists shall be those specifically designated by the
17 Board. The Board or the Department may order the examining
18 physician or clinical psychologist to present testimony
19 concerning this mental or physical examination of the licensee
20 or applicant. No information shall be excluded by reason of any
21 common law or statutory privilege relating to communications
22 between the licensee or applicant and the examining physician
23 or clinical psychologist. The person to be examined may have,
24 at his or her own expense, another physician or clinical
25 psychologist of his or her choice present during all aspects of
26 the examination. Failure of any person to submit to a mental or

 

 

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1 physical examination, when directed, shall be grounds for
2 suspension of a license until the person submits to the
3 examination if the Board finds, after notice and hearing, that
4 the refusal to submit to the examination was without reasonable
5 cause.
6     If the Board finds a person unable to practice because of
7 the reasons set forth in this Section, the Board may require
8 that person to submit to care, counseling or treatment by
9 physicians or clinical psychologists approved or designated by
10 the Board, as a condition, term, or restriction for continued,
11 reinstated, or renewed licensure to practice; or, in lieu of
12 care, counseling or treatment, the Board may recommend to the
13 Department to file a complaint to immediately suspend, revoke
14 or otherwise discipline the license of the person. Any person
15 whose license was granted, continued, reinstated, renewed,
16 disciplined or supervised subject to such terms, conditions or
17 restrictions, and who fails to comply with such terms,
18 conditions or restrictions, shall be referred to the Secretary
19 for a determination as to whether the person shall have his or
20 her license suspended immediately, pending a hearing by the
21 Board.
22     In instances in which the Secretary immediately suspends a
23 person's license under this Section, a hearing on that person's
24 license must be convened by the Board within 15 days after the
25 suspension and completed without appreciable delay. The Board
26 shall have the authority to review the subject person's record

 

 

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1 of treatment and counseling regarding the impairment, to the
2 extent permitted by applicable federal statutes and
3 regulations safeguarding the confidentiality of medical
4 records.
5     A person licensed under this Act and affected under this
6 Section shall be afforded an opportunity to demonstrate to the
7 Board that he or she can resume practice in compliance with
8 acceptable and prevailing standards under the provisions of his
9 or her license.
10     The Board shall prescribe, by rule, criteria for
11 disciplining, suspending, or revoking the prescriptive
12 authority of a medical psychologist. The Board shall have the
13 power and duty to require remediation, suspension, or
14 revocation of a medical psychologist's certification for a
15 specified period of time determined by the Board.
16 (Source: P.A. 94-870, eff. 6-16-06.)
 
17     Section 10. The Nursing and Advanced Practice Nursing Act
18 is amended by changing Section 5-10 as follows:
 
19     (225 ILCS 65/5-10)
20     (Section scheduled to be repealed on January 1, 2008)
21     Sec. 5-10. Definitions. Each of the following terms, when
22 used in this Act, shall have the meaning ascribed to it in this
23 Section, except where the context clearly indicates otherwise:
24     (a) "Department" means the Department of Professional

 

 

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1 Regulation.
2     (b) "Director" means the Director of Professional
3 Regulation.
4     (c) "Board" means the Board of Nursing appointed by the
5 Director.
6     (d) "Academic year" means the customary annual schedule of
7 courses at a college, university, or approved school,
8 customarily regarded as the school year as distinguished from
9 the calendar year.
10     (e) "Approved program of professional nursing education"
11 and "approved program of practical nursing education" are
12 programs of professional or practical nursing, respectively,
13 approved by the Department under the provisions of this Act.
14     (f) "Nursing Act Coordinator" means a registered
15 professional nurse appointed by the Director to carry out the
16 administrative policies of the Department.
17     (g) "Assistant Nursing Act Coordinator" means a registered
18 professional nurse appointed by the Director to assist in
19 carrying out the administrative policies of the Department.
20     (h) "Registered" is the equivalent of "licensed".
21     (i) "Practical nurse" or "licensed practical nurse" means a
22 person who is licensed as a practical nurse under this Act and
23 practices practical nursing as defined in paragraph (j) of this
24 Section. Only a practical nurse licensed under this Act is
25 entitled to use the title "licensed practical nurse" and the
26 abbreviation "L.P.N.".

 

 

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1     (j) "Practical nursing" means the performance of nursing
2 acts requiring the basic nursing knowledge, judgement, and
3 skill acquired by means of completion of an approved practical
4 nursing education program. Practical nursing includes
5 assisting in the nursing process as delegated by and under the
6 direction of a registered professional nurse. The practical
7 nurse may work under the direction of a licensed physician,
8 dentist, podiatrist, or other health care professional
9 determined by the Department.
10     (k) "Registered Nurse" or "Registered Professional Nurse"
11 means a person who is licensed as a professional nurse under
12 this Act and practices nursing as defined in paragraph (l) of
13 this Section. Only a registered nurse licensed under this Act
14 is entitled to use the titles "registered nurse" and
15 "registered professional nurse" and the abbreviation, "R.N.".
16     (l) "Registered professional nursing practice" includes
17 all nursing specialities and means the performance of any
18 nursing act based upon professional knowledge, judgment, and
19 skills acquired by means of completion of an approved
20 registered professional nursing education program. A
21 registered professional nurse provides nursing care
22 emphasizing the importance of the whole and the interdependence
23 of its parts through the nursing process to individuals,
24 groups, families, or communities, that includes but is not
25 limited to: (1) the assessment of healthcare needs, nursing
26 diagnosis, planning, implementation, and nursing evaluation;

 

 

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1 (2) the promotion, maintenance, and restoration of health; (3)
2 counseling, patient education, health education, and patient
3 advocacy; (4) the administration of medications and treatments
4 as prescribed by a physician licensed to practice medicine in
5 all of its branches, a licensed dentist, a licensed podiatrist,
6 a medical psychologist, or a licensed optometrist or as
7 prescribed by a physician assistant in accordance with written
8 guidelines required under the Physician Assistant Practice Act
9 of 1987 or by an advanced practice nurse in accordance with a
10 written collaborative agreement required under the Nursing and
11 Advanced Practice Nursing Act; (5) the coordination and
12 management of the nursing plan of care; (6) the delegation to
13 and supervision of individuals who assist the registered
14 professional nurse implementing the plan of care; and (7)
15 teaching and supervision of nursing students. The foregoing
16 shall not be deemed to include those acts of medical diagnosis
17 or prescription of therapeutic or corrective measures that are
18 properly performed only by physicians licensed in the State of
19 Illinois.
20     (m) "Current nursing practice update course" means a
21 planned nursing education curriculum approved by the
22 Department consisting of activities that have educational
23 objectives, instructional methods, content or subject matter,
24 clinical practice, and evaluation methods, related to basic
25 review and updating content and specifically planned for those
26 nurses previously licensed in the United States or its

 

 

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1 territories and preparing for reentry into nursing practice.
2     (n) "Professional assistance program for nurses" means a
3 professional assistance program that meets criteria
4 established by the Board of Nursing and approved by the
5 Director, which provides a non-disciplinary treatment approach
6 for nurses licensed under this Act whose ability to practice is
7 compromised by alcohol or chemical substance addiction.
8 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
9 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
 
10     Section 15. The Pharmacy Practice Act of 1987 is amended by
11 changing Sections 3 and 4 as follows:
 
12     (225 ILCS 85/3)  (from Ch. 111, par. 4123)
13     (Section scheduled to be repealed on January 1, 2008)
14     Sec. 3. Definitions. For the purpose of this Act, except
15 where otherwise limited therein:
16     (a) "Pharmacy" or "drugstore" means and includes every
17 store, shop, pharmacy department, or other place where
18 pharmaceutical care is provided by a pharmacist (1) where
19 drugs, medicines, or poisons are dispensed, sold or offered for
20 sale at retail, or displayed for sale at retail; or (2) where
21 prescriptions of physicians, dentists, veterinarians,
22 podiatrists, medical psychologists, or therapeutically
23 certified optometrists, within the limits of their licenses,
24 are compounded, filled, or dispensed; or (3) which has upon it

 

 

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1 or displayed within it, or affixed to or used in connection
2 with it, a sign bearing the word or words "Pharmacist",
3 "Druggist", "Pharmacy", "Pharmaceutical Care", "Apothecary",
4 "Drugstore", "Medicine Store", "Prescriptions", "Drugs",
5 "Medicines", or any word or words of similar or like import,
6 either in the English language or any other language; or (4)
7 where the characteristic prescription sign (Rx) or similar
8 design is exhibited; or (5) any store, or shop, or other place
9 with respect to which any of the above words, objects, signs or
10 designs are used in any advertisement.
11     (b) "Drugs" means and includes (l) articles recognized in
12 the official United States Pharmacopoeia/National Formulary
13 (USP/NF), or any supplement thereto and being intended for and
14 having for their main use the diagnosis, cure, mitigation,
15 treatment or prevention of disease in man or other animals, as
16 approved by the United States Food and Drug Administration, but
17 does not include devices or their components, parts, or
18 accessories; and (2) all other articles intended for and having
19 for their main use the diagnosis, cure, mitigation, treatment
20 or prevention of disease in man or other animals, as approved
21 by the United States Food and Drug Administration, but does not
22 include devices or their components, parts, or accessories; and
23 (3) articles (other than food) having for their main use and
24 intended to affect the structure or any function of the body of
25 man or other animals; and (4) articles having for their main
26 use and intended for use as a component or any articles

 

 

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1 specified in clause (l), (2) or (3); but does not include
2 devices or their components, parts or accessories.
3     (c) "Medicines" means and includes all drugs intended for
4 human or veterinary use approved by the United States Food and
5 Drug Administration.
6     (d) "Practice of pharmacy" means the provision of
7 pharmaceutical care to patients as determined by the
8 pharmacist's professional judgment in the following areas,
9 which may include but are not limited to (1) patient
10 counseling, (2) interpretation and assisting in the monitoring
11 of appropriate drug use and prospective drug utilization
12 review, (3) providing information on the therapeutic values,
13 reactions, drug interactions, side effects, uses, selection of
14 medications and medical devices, and outcome of drug therapy,
15 (4) participation in drug selection, drug monitoring, drug
16 utilization review, evaluation, administration,
17 interpretation, application of pharmacokinetic and laboratory
18 data to design safe and effective drug regimens, (5) drug
19 research (clinical and scientific), and (6) compounding and
20 dispensing of drugs and medical devices.
21     (e) "Prescription" means and includes any written, oral,
22 facsimile, or electronically transmitted order for drugs or
23 medical devices, issued by a physician licensed to practice
24 medicine in all its branches, dentist, veterinarian, or
25 podiatrist, or therapeutically certified optometrist, within
26 the limits of their licenses, by a physician assistant in

 

 

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1 accordance with subsection (f) of Section 4, or by an advanced
2 practice nurse in accordance with subsection (g) of Section 4,
3 containing the following: (l) name of the patient; (2) date
4 when prescription was issued; (3) name and strength of drug or
5 description of the medical device prescribed; and (4) quantity,
6 (5) directions for use, (6) prescriber's name, address and
7 signature, and (7) DEA number where required, for controlled
8 substances. DEA numbers shall not be required on inpatient drug
9 orders.
10     (f) "Person" means and includes a natural person,
11 copartnership, association, corporation, government entity, or
12 any other legal entity.
13     (g) "Department" means the Department of Professional
14 Regulation.
15     (h) "Board of Pharmacy" or "Board" means the State Board of
16 Pharmacy of the Department of Professional Regulation.
17     (i) "Director" means the Director of Professional
18 Regulation.
19     (j) "Drug product selection" means the interchange for a
20 prescribed pharmaceutical product in accordance with Section
21 25 of this Act and Section 3.14 of the Illinois Food, Drug and
22 Cosmetic Act.
23     (k) "Inpatient drug order" means an order issued by an
24 authorized prescriber for a resident or patient of a facility
25 licensed under the Nursing Home Care Act or the Hospital
26 Licensing Act, or "An Act in relation to the founding and

 

 

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1 operation of the University of Illinois Hospital and the
2 conduct of University of Illinois health care programs",
3 approved July 3, 1931, as amended, or a facility which is
4 operated by the Department of Human Services (as successor to
5 the Department of Mental Health and Developmental
6 Disabilities) or the Department of Corrections.
7     (k-5) "Pharmacist" means an individual health care
8 professional and provider currently licensed by this State to
9 engage in the practice of pharmacy.
10     (l) "Pharmacist in charge" means the licensed pharmacist
11 whose name appears on a pharmacy license and who is responsible
12 for all aspects of the operation related to the practice of
13 pharmacy.
14     (m) "Dispense" means the delivery of drugs and medical
15 devices, in accordance with applicable State and federal laws
16 and regulations, to the patient or the patient's representative
17 authorized to receive these products, including the
18 preparation, compounding, packaging, and labeling necessary
19 for delivery, computer entry, and verification of medication
20 orders and prescriptions, and any recommending or advising
21 concerning the contents and therapeutic values and uses
22 thereof. "Dispense" does not mean the physical delivery to a
23 patient or a patient's representative in a home or institution
24 by a designee of a pharmacist or by common carrier. "Dispense"
25 also does not mean the physical delivery of a drug or medical
26 device to a patient or patient's representative by a

 

 

SB1355 - 24 - LRB095 04986 RAS 25052 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

 

 

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1 drug treatment, drug-allergy interactions, and clinical abuse
2 or misuse.
3     (r) "Patient counseling" means the communication between a
4 pharmacist or a student pharmacist under the direct supervision
5 of a pharmacist and a patient or the patient's representative
6 about the patient's medication or device for the purpose of
7 optimizing proper use of prescription medications or devices.
8 The offer to counsel by the pharmacist or the pharmacist's
9 designee, and subsequent patient counseling by the pharmacist
10 or student pharmacist, shall be made in a face-to-face
11 communication with the patient or patient's representative
12 unless, in the professional judgment of the pharmacist, a
13 face-to-face communication is deemed inappropriate or
14 unnecessary. In that instance, the offer to counsel or patient
15 counseling may be made in a written communication, by
16 telephone, or in a manner determined by the pharmacist to be
17 appropriate.
18     (s) "Patient profiles" or "patient drug therapy record"
19 means the obtaining, recording, and maintenance of patient
20 prescription information, including prescriptions for
21 controlled substances, and personal information.
22     (t) "Pharmaceutical care" includes, but is not limited to,
23 the act of monitoring drug use and other patient care services
24 intended to achieve outcomes that improve the patient's quality
25 of life but shall not include the sale of over-the-counter
26 drugs by a seller of goods and services who does not dispense

 

 

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1 prescription drugs.
2     (u) "Medical device" means an instrument, apparatus,
3 implement, machine, contrivance, implant, in vitro reagent, or
4 other similar or related article, including any component part
5 or accessory, required under federal law to bear the label
6 "Caution: Federal law requires dispensing by or on the order of
7 a physician". A seller of goods and services who, only for the
8 purpose of retail sales, compounds, sells, rents, or leases
9 medical devices shall not, by reasons thereof, be required to
10 be a licensed pharmacy.
11     (v) "Unique identifier" means an electronic signature,
12 handwritten signature or initials, thumb print, or other
13 acceptable individual biometric or electronic identification
14 process as approved by the Department.
15     (w) "Current usual and customary retail price" means the
16 actual price that a pharmacy charges a retail purchaser.
17 (Source: P.A. 93-571, eff. 8-20-03; 93-1075, eff. 1-18-05;
18 94-459, eff. 1-1-06.)
 
19     (225 ILCS 85/4)  (from Ch. 111, par. 4124)
20     (Section scheduled to be repealed on January 1, 2008)
21     Sec. 4. Exemptions. Nothing contained in any Section of
22 this Act shall apply to, or in any manner interfere with:
23     (a) the lawful practice of any physician licensed to
24 practice medicine in all of its branches, dentist, podiatrist,
25 veterinarian, medical psychologist, or therapeutically or

 

 

SB1355 - 27 - LRB095 04986 RAS 25052 b

1 diagnostically certified optometrist within the limits of his
2 or her license, or prevent him or her from supplying to his or
3 her bona fide patients such drugs, medicines, or poisons as may
4 seem to him appropriate;
5     (b) the sale of compressed gases;
6     (c) the sale of patent or proprietary medicines and
7 household remedies when sold in original and unbroken packages
8 only, if such patent or proprietary medicines and household
9 remedies be properly and adequately labeled as to content and
10 usage and generally considered and accepted as harmless and
11 nonpoisonous when used according to the directions on the
12 label, and also do not contain opium or coca leaves, or any
13 compound, salt or derivative thereof, or any drug which,
14 according to the latest editions of the following authoritative
15 pharmaceutical treatises and standards, namely, The United
16 States Pharmacopoeia/National Formulary (USP/NF), the United
17 States Dispensatory, and the Accepted Dental Remedies of the
18 Council of Dental Therapeutics of the American Dental
19 Association or any or either of them, in use on the effective
20 date of this Act, or according to the existing provisions of
21 the Federal Food, Drug, and Cosmetic Act and Regulations of the
22 Department of Health and Human Services, Food and Drug
23 Administration, promulgated thereunder now in effect, is
24 designated, described or considered as a narcotic, hypnotic,
25 habit forming, dangerous, or poisonous drug;
26     (d) the sale of poultry and livestock remedies in original

 

 

SB1355 - 28 - LRB095 04986 RAS 25052 b

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

 

 

SB1355 - 29 - LRB095 04986 RAS 25052 b

1 collaborative agreement under Sections 15-15 and 15-20 of the
2 Nursing and Advanced Practice Nursing Act. This delegated
3 authority may but is not required to include the prescription
4 of Schedule III, IV, or V controlled substances as defined in
5 Article II of the Illinois Controlled Substances Act.
6 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
7 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
 
8     Section 20. The Illinois Controlled Substances Act is
9 amended by changing Section 102 as follows:
 
10     (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
11     Sec. 102. Definitions. As used in this Act, unless the
12 context otherwise requires:
13     (a) "Addict" means any person who habitually uses any drug,
14 chemical, substance or dangerous drug other than alcohol so as
15 to endanger the public morals, health, safety or welfare or who
16 is so far addicted to the use of a dangerous drug or controlled
17 substance other than alcohol as to have lost the power of self
18 control with reference to his addiction.
19     (b) "Administer" means the direct application of a
20 controlled substance, whether by injection, inhalation,
21 ingestion, or any other means, to the body of a patient,
22 research subject, or animal (as defined by the Humane
23 Euthanasia in Animal Shelters Act) by:
24         (1) a practitioner (or, in his presence, by his

 

 

SB1355 - 30 - LRB095 04986 RAS 25052 b

1     authorized agent),
2         (2) the patient or research subject at the lawful
3     direction of the practitioner, or
4         (3) a euthanasia technician as defined by the Humane
5     Euthanasia in Animal Shelters Act.
6     (c) "Agent" means an authorized person who acts on behalf
7 of or at the direction of a manufacturer, distributor, or
8 dispenser. It does not include a common or contract carrier,
9 public warehouseman or employee of the carrier or warehouseman.
10     (c-1) "Anabolic Steroids" means any drug or hormonal
11 substance, chemically and pharmacologically related to
12 testosterone (other than estrogens, progestins, and
13 corticosteroids) that promotes muscle growth, and includes:
14             (i) boldenone,
15             (ii) chlorotestosterone,
16             (iii) chostebol,
17             (iv) dehydrochlormethyltestosterone,
18             (v) dihydrotestosterone,
19             (vi) drostanolone,
20             (vii) ethylestrenol,
21             (viii) fluoxymesterone,
22             (ix) formebulone,
23             (x) mesterolone,
24             (xi) methandienone,
25             (xii) methandranone,
26             (xiii) methandriol,

 

 

SB1355 - 31 - LRB095 04986 RAS 25052 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

 

 

SB1355 - 32 - LRB095 04986 RAS 25052 b

1 not be considered to be in unauthorized possession or to
2 unlawfully manufacture, distribute, dispense, deliver, or
3 possess with intent to deliver such anabolic steroid for
4 purposes of this Act.
5     (d) "Administration" means the Drug Enforcement
6 Administration, United States Department of Justice, or its
7 successor agency.
8     (e) "Control" means to add a drug or other substance, or
9 immediate precursor, to a Schedule under Article II of this Act
10 whether by transfer from another Schedule or otherwise.
11     (f) "Controlled Substance" means a drug, substance, or
12 immediate precursor in the Schedules of Article II of this Act.
13     (g) "Counterfeit substance" means a controlled substance,
14 which, or the container or labeling of which, without
15 authorization bears the trademark, trade name, or other
16 identifying mark, imprint, number or device, or any likeness
17 thereof, of a manufacturer, distributor, or dispenser other
18 than the person who in fact manufactured, distributed, or
19 dispensed the substance.
20     (h) "Deliver" or "delivery" means the actual, constructive
21 or attempted transfer of possession of a controlled substance,
22 with or without consideration, whether or not there is an
23 agency relationship.
24     (i) "Department" means the Illinois Department of Human
25 Services (as successor to the Department of Alcoholism and
26 Substance Abuse) or its successor agency.

 

 

SB1355 - 33 - LRB095 04986 RAS 25052 b

1     (j) "Department of State Police" means the Department of
2 State Police of the State of Illinois or its successor agency.
3     (k) "Department of Corrections" means the Department of
4 Corrections of the State of Illinois or its successor agency.
5     (l) "Department of Professional Regulation" means the
6 Department of Professional Regulation of the State of Illinois
7 or its successor agency.
8     (m) "Depressant" or "stimulant substance" means:
9         (1) a drug which contains any quantity of (i)
10     barbituric acid or any of the salts of barbituric acid
11     which has been designated as habit forming under section
12     502 (d) of the Federal Food, Drug, and Cosmetic Act (21
13     U.S.C. 352 (d)); or
14         (2) a drug which contains any quantity of (i)
15     amphetamine or methamphetamine and any of their optical
16     isomers; (ii) any salt of amphetamine or methamphetamine or
17     any salt of an optical isomer of amphetamine; or (iii) any
18     substance which the Department, after investigation, has
19     found to be, and by rule designated as, habit forming
20     because of its depressant or stimulant effect on the
21     central nervous system; or
22         (3) lysergic acid diethylamide; or
23         (4) any drug which contains any quantity of a substance
24     which the Department, after investigation, has found to
25     have, and by rule designated as having, a potential for
26     abuse because of its depressant or stimulant effect on the

 

 

SB1355 - 34 - LRB095 04986 RAS 25052 b

1     central nervous system or its hallucinogenic effect.
2     (n) (Blank).
3     (o) "Director" means the Director of the Department of
4 State Police or the Department of Professional Regulation or
5 his designated agents.
6     (p) "Dispense" means to deliver a controlled substance to
7 an ultimate user or research subject by or pursuant to the
8 lawful order of a prescriber, including the prescribing,
9 administering, packaging, labeling, or compounding necessary
10 to prepare the substance for that delivery.
11     (q) "Dispenser" means a practitioner who dispenses.
12     (r) "Distribute" means to deliver, other than by
13 administering or dispensing, a controlled substance.
14     (s) "Distributor" means a person who distributes.
15     (t) "Drug" means (1) substances recognized as drugs in the
16 official United States Pharmacopoeia, Official Homeopathic
17 Pharmacopoeia of the United States, or official National
18 Formulary, or any supplement to any of them; (2) substances
19 intended for use in diagnosis, cure, mitigation, treatment, or
20 prevention of disease in man or animals; (3) substances (other
21 than food) intended to affect the structure of any function of
22 the body of man or animals and (4) substances intended for use
23 as a component of any article specified in clause (1), (2), or
24 (3) of this subsection. It does not include devices or their
25 components, parts, or accessories.
26     (t-5) "Euthanasia agency" means an entity certified by the

 

 

SB1355 - 35 - LRB095 04986 RAS 25052 b

1 Department of Professional Regulation for the purpose of animal
2 euthanasia that holds an animal control facility license or
3 animal shelter license under the Animal Welfare Act. A
4 euthanasia agency is authorized to purchase, store, possess,
5 and utilize Schedule II nonnarcotic and Schedule III
6 nonnarcotic drugs for the sole purpose of animal euthanasia.
7     (t-10) "Euthanasia drugs" means Schedule II or Schedule III
8 substances (nonnarcotic controlled substances) that are used
9 by a euthanasia agency for the purpose of animal euthanasia.
10     (u) "Good faith" means the prescribing or dispensing of a
11 controlled substance by a practitioner in the regular course of
12 professional treatment to or for any person who is under his
13 treatment for a pathology or condition other than that
14 individual's physical or psychological dependence upon or
15 addiction to a controlled substance, except as provided herein:
16 and application of the term to a pharmacist shall mean the
17 dispensing of a controlled substance pursuant to the
18 prescriber's order which in the professional judgment of the
19 pharmacist is lawful. The pharmacist shall be guided by
20 accepted professional standards including, but not limited to
21 the following, in making the judgment:
22         (1) lack of consistency of doctor-patient
23     relationship,
24         (2) frequency of prescriptions for same drug by one
25     prescriber for large numbers of patients,
26         (3) quantities beyond those normally prescribed,

 

 

SB1355 - 36 - LRB095 04986 RAS 25052 b

1         (4) unusual dosages,
2         (5) unusual geographic distances between patient,
3     pharmacist and prescriber,
4         (6) consistent prescribing of habit-forming drugs.
5     (u-1) "Home infusion services" means services provided by a
6 pharmacy in compounding solutions for direct administration to
7 a patient in a private residence, long-term care facility, or
8 hospice setting by means of parenteral, intravenous,
9 intramuscular, subcutaneous, or intraspinal infusion.
10     (v) "Immediate precursor" means a substance:
11         (1) which the Department has found to be and by rule
12     designated as being a principal compound used, or produced
13     primarily for use, in the manufacture of a controlled
14     substance;
15         (2) which is an immediate chemical intermediary used or
16     likely to be used in the manufacture of such controlled
17     substance; and
18         (3) the control of which is necessary to prevent,
19     curtail or limit the manufacture of such controlled
20     substance.
21     (w) "Instructional activities" means the acts of teaching,
22 educating or instructing by practitioners using controlled
23 substances within educational facilities approved by the State
24 Board of Education or its successor agency.
25     (x) "Local authorities" means a duly organized State,
26 County or Municipal peace unit or police force.

 

 

SB1355 - 37 - LRB095 04986 RAS 25052 b

1     (y) "Look-alike substance" means a substance, other than a
2 controlled substance which (1) by overall dosage unit
3 appearance, including shape, color, size, markings or lack
4 thereof, taste, consistency, or any other identifying physical
5 characteristic of the substance, would lead a reasonable person
6 to believe that the substance is a controlled substance, or (2)
7 is expressly or impliedly represented to be a controlled
8 substance or is distributed under circumstances which would
9 lead a reasonable person to believe that the substance is a
10 controlled substance. For the purpose of determining whether
11 the representations made or the circumstances of the
12 distribution would lead a reasonable person to believe the
13 substance to be a controlled substance under this clause (2) of
14 subsection (y), the court or other authority may consider the
15 following factors in addition to any other factor that may be
16 relevant:
17         (a) statements made by the owner or person in control
18     of the substance concerning its nature, use or effect;
19         (b) statements made to the buyer or recipient that the
20     substance may be resold for profit;
21         (c) whether the substance is packaged in a manner
22     normally used for the illegal distribution of controlled
23     substances;
24         (d) whether the distribution or attempted distribution
25     included an exchange of or demand for money or other
26     property as consideration, and whether the amount of the

 

 

SB1355 - 38 - LRB095 04986 RAS 25052 b

1     consideration was substantially greater than the
2     reasonable retail market value of the substance.
3     Clause (1) of this subsection (y) shall not apply to a
4 noncontrolled substance in its finished dosage form that was
5 initially introduced into commerce prior to the initial
6 introduction into commerce of a controlled substance in its
7 finished dosage form which it may substantially resemble.
8     Nothing in this subsection (y) prohibits the dispensing or
9 distributing of noncontrolled substances by persons authorized
10 to dispense and distribute controlled substances under this
11 Act, provided that such action would be deemed to be carried
12 out in good faith under subsection (u) if the substances
13 involved were controlled substances.
14     Nothing in this subsection (y) or in this Act prohibits the
15 manufacture, preparation, propagation, compounding,
16 processing, packaging, advertising or distribution of a drug or
17 drugs by any person registered pursuant to Section 510 of the
18 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
19     (y-1) "Mail-order pharmacy" means a pharmacy that is
20 located in a state of the United States, other than Illinois,
21 that delivers, dispenses or distributes, through the United
22 States Postal Service or other common carrier, to Illinois
23 residents, any substance which requires a prescription.
24     (z) "Manufacture" means the production, preparation,
25 propagation, compounding, conversion or processing of a
26 controlled substance other than methamphetamine, either

 

 

SB1355 - 39 - LRB095 04986 RAS 25052 b

1 directly or indirectly, by extraction from substances of
2 natural origin, or independently by means of chemical
3 synthesis, or by a combination of extraction and chemical
4 synthesis, and includes any packaging or repackaging of the
5 substance or labeling of its container, except that this term
6 does not include:
7         (1) by an ultimate user, the preparation or compounding
8     of a controlled substance for his own use; or
9         (2) by a practitioner, or his authorized agent under
10     his supervision, the preparation, compounding, packaging,
11     or labeling of a controlled substance:
12             (a) as an incident to his administering or
13         dispensing of a controlled substance in the course of
14         his professional practice; or
15             (b) as an incident to lawful research, teaching or
16         chemical analysis and not for sale.
17     (z-1) (Blank).
18     (aa) "Narcotic drug" means any of the following, whether
19 produced directly or indirectly by extraction from substances
20 of natural origin, or independently by means of chemical
21 synthesis, or by a combination of extraction and chemical
22 synthesis:
23         (1) opium and opiate, and any salt, compound,
24     derivative, or preparation of opium or opiate;
25         (2) any salt, compound, isomer, derivative, or
26     preparation thereof which is chemically equivalent or

 

 

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1     identical with any of the substances referred to in clause
2     (1), but not including the isoquinoline alkaloids of opium;
3         (3) opium poppy and poppy straw;
4         (4) coca leaves and any salts, compound, isomer, salt
5     of an isomer, derivative, or preparation of coca leaves
6     including cocaine or ecgonine, and any salt, compound,
7     isomer, derivative, or preparation thereof which is
8     chemically equivalent or identical with any of these
9     substances, but not including decocainized coca leaves or
10     extractions of coca leaves which do not contain cocaine or
11     ecgonine (for the purpose of this paragraph, the term
12     "isomer" includes optical, positional and geometric
13     isomers).
14     (bb) "Nurse" means a registered nurse licensed under the
15 Nursing and Advanced Practice Nursing Act.
16     (cc) (Blank).
17     (dd) "Opiate" means any substance having an addiction
18 forming or addiction sustaining liability similar to morphine
19 or being capable of conversion into a drug having addiction
20 forming or addiction sustaining liability.
21     (ee) "Opium poppy" means the plant of the species Papaver
22 somniferum L., except its seeds.
23     (ff) "Parole and Pardon Board" means the Parole and Pardon
24 Board of the State of Illinois or its successor agency.
25     (gg) "Person" means any individual, corporation,
26 mail-order pharmacy, government or governmental subdivision or

 

 

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1 agency, business trust, estate, trust, partnership or
2 association, or any other entity.
3     (hh) "Pharmacist" means any person who holds a certificate
4 of registration as a registered pharmacist, a local registered
5 pharmacist or a registered assistant pharmacist under the
6 Pharmacy Practice Act of 1987.
7     (ii) "Pharmacy" means any store, ship or other place in
8 which pharmacy is authorized to be practiced under the Pharmacy
9 Practice Act of 1987.
10     (jj) "Poppy straw" means all parts, except the seeds, of
11 the opium poppy, after mowing.
12     (kk) "Practitioner" means a physician licensed to practice
13 medicine in all its branches, dentist, podiatrist,
14 veterinarian, medical psychologist, scientific investigator,
15 pharmacist, physician assistant, advanced practice nurse,
16 licensed practical nurse, registered nurse, hospital,
17 laboratory, or pharmacy, or other person licensed, registered,
18 or otherwise lawfully permitted by the United States or this
19 State to distribute, dispense, conduct research with respect
20 to, administer or use in teaching or chemical analysis, a
21 controlled substance in the course of professional practice or
22 research.
23     (ll) "Pre-printed prescription" means a written
24 prescription upon which the designated drug has been indicated
25 prior to the time of issuance.
26     (mm) "Prescriber" means a physician licensed to practice

 

 

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1 medicine in all its branches, dentist, podiatrist, medical
2 psychologist, or veterinarian who issues a prescription, a
3 physician assistant who issues a prescription for a Schedule
4 III, IV, or V controlled substance in accordance with Section
5 303.05 and the written guidelines required under Section 7.5 of
6 the Physician Assistant Practice Act of 1987, or an advanced
7 practice nurse with prescriptive authority in accordance with
8 Section 303.05 and a written collaborative agreement under
9 Sections 15-15 and 15-20 of the Nursing and Advanced Practice
10 Nursing Act.
11     (nn) "Prescription" means a lawful written, facsimile, or
12 verbal order of a physician licensed to practice medicine in
13 all its branches, dentist, podiatrist, medical psychologist,
14 or veterinarian for any controlled substance, of a physician
15 assistant for a Schedule III, IV, or V controlled substance in
16 accordance with Section 303.05 and the written guidelines
17 required under Section 7.5 of the Physician Assistant Practice
18 Act of 1987, or of an advanced practice nurse who issues a
19 prescription for a Schedule III, IV, or V controlled substance
20 in accordance with Section 303.05 and a written collaborative
21 agreement under Sections 15-15 and 15-20 of the Nursing and
22 Advanced Practice Nursing Act.
23     (oo) "Production" or "produce" means manufacture,
24 planting, cultivating, growing, or harvesting of a controlled
25 substance other than methamphetamine.
26     (pp) "Registrant" means every person who is required to

 

 

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1 register under Section 302 of this Act.
2     (qq) "Registry number" means the number assigned to each
3 person authorized to handle controlled substances under the
4 laws of the United States and of this State.
5     (rr) "State" includes the State of Illinois and any state,
6 district, commonwealth, territory, insular possession thereof,
7 and any area subject to the legal authority of the United
8 States of America.
9     (ss) "Ultimate user" means a person who lawfully possesses
10 a controlled substance for his own use or for the use of a
11 member of his household or for administering to an animal owned
12 by him or by a member of his household.
13 (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03;
14 94-556, eff. 9-11-05.)