96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0527

 

Introduced 2/4/2009, by Rep. William B. Black

 

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 65/50-10  was 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 who meet the additional education and training requirements 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 the additional education and training requirements, application requirements, renewal, prescribing practices, controlled substance prescriptive authority, and State Board of Pharmacy interaction. Amends the Nurse Practice 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

 

HB0527 LRB096 04189 ASK 14231 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8     (Section scheduled to be repealed on January 1, 2017)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     (Section scheduled to be repealed on January 1, 2017)
21     Sec. 4.1. Medical psychologist certification; prescriptive
22 authority. The Board shall grant certification as medical
23 psychologists to doctoral level psychologists licensed under
24 this Act. This certification shall grant medical psychologists
25 prescriptive authority to prescribe and dispense those drugs

 

 

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1 used in the treatment of mental, emotional, and psychological
2 disorders in accordance with applicable State and federal laws.
3     The Board shall develop and implement procedures and
4 criteria for reviewing educational and training credentials
5 for the certification process and the extent of prescriptive
6 authority, in accordance with current standards of
7 professional practice. The Board may seek the advice of other
8 State agencies with relevant experience in devising
9 certification procedures and criteria.
 
10     (225 ILCS 15/4.2 new)
11     (Section scheduled to be repealed on January 1, 2017)
12     Sec. 4.2. Medical psychologist certification application
13 requirements.
14     (a) The Department shall grant medical psychologist
15 certification to a psychologist who applies for certification
16 and demonstrates, by official transcript or other official
17 evidence satisfactory to the Board, all of the following:
18         (1) The completion of a doctoral program in psychology
19     from a regionally-accredited university or professional
20     school or, if the program is not accredited at the time of
21     graduation, completion of a doctoral program in psychology
22     that meets recognized acceptable professional standards,
23     as determined by the Board.
24         (2) Possession of a current and valid license to
25     practice psychology in this State.

 

 

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

 

 

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1         (5) The successful completion of a certifying
2     examination stipulated by the Board.
3     (b) The Department shall grant certification to a
4 psychologist who applies for certification as a medical
5 psychologist and has completed the requirements specified in
6 subsection (a), except that the applicant has met the academic
7 requirements in paragraph (3) of subsection (a) more than 5
8 years prior to the application for prescriptive authority, if
9 the applicant has completed 24 hours of continuing education in
10 the 2 years immediately prior to application, as specified in
11 Section 4.3 of this Act.
 
12     (225 ILCS 15/4.3 new)
13     (Section scheduled to be repealed on January 1, 2017)
14     Sec. 4.3. Renewal of medical psychologist certification.
15     (a) The Board shall establish by rule a method for the
16 annual renewal of medical psychologist certification at the
17 time of or in conjunction with the renewal of clinical
18 psychology licenses.
19     (b) Each applicant for renewal of medical psychologist
20 certification shall present satisfactory evidence to the Board
21 demonstrating the completion of 24 required hours of
22 instruction relevant to prescriptive authority during the 24
23 months prior to application for renewal.
 
24     (225 ILCS 15/4.4 new)

 

 

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1     (Section scheduled to be repealed on January 1, 2017)
2     Sec. 4.4. Prescribing practices.
3     (a) Every prescription by a medical psychologist shall (i)
4 comply with all applicable State and federal laws, (ii) be
5 identified as issued by the psychologist as a "medical
6 psychologist", and (iii) include the medical psychologist's
7 identification number, as assigned by the Board.
8     (b) Records of all prescriptions shall be maintained in
9 patient records.
10     (c) A medical psychologist shall not delegate the
11 prescriptive authority to any other person.
12     (d) A medical psychologist shall maintain an ongoing
13 collaborative relationship with the health care practitioner
14 who oversees the patient's general medical care to ensure that
15 (i) necessary medical examinations are conducted, (ii) the
16 psychotropic medication is appropriate for the patient's
17 medical condition, (iii) and significant changes in the
18 patient's medical or psychological condition are discussed.
19     (e) In this Section:
20         "Collaborative relationship" means a cooperative
21     working relationship between a medical psychologist and a
22     health care practitioner in the provision of patient care,
23     including diagnosis and cooperation in the management and
24     delivery of physical and mental health care.
25         "Health care practitioner" means a physician,
26     osteopathic physician, or nurse practitioner.
 

 

 

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1     (225 ILCS 15/4.5 new)
2     (Section scheduled to be repealed on January 1, 2017)
3     Sec. 4.5. Controlled substance prescriptive authority.
4     (a) When authorized to prescribe controlled substances, a
5 medical psychologist shall file, in a timely manner, any
6 individual Drug Enforcement Agency (DEA) registrations and
7 identification numbers with the Board.
8     (b) The Board shall maintain current records of every
9 medical psychologist, including DEA registration and
10 identification numbers.
 
11     (225 ILCS 15/4.6 new)
12     (Section scheduled to be repealed on January 1, 2017)
13     Sec. 4.6. State Board of Pharmacy interaction.
14     (a) The Board shall transmit to the State Board of Pharmacy
15 an annual list of medical psychologists containing the
16 following information:
17         (1) the name of the psychologist;
18         (2) the medical psychologist's identification number
19     assigned by the Board; and
20         (3) the effective dates of the medical psychologist's
21     certification.
22     (b) The Board shall promptly forward to the Board of
23 Pharmacy the names and titles of psychologists added to or
24 deleted from the annual list of medical psychologists.

 

 

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1     (c) The Board shall notify the State Board of Pharmacy, in
2 a timely manner, upon termination, suspension, or
3 reinstatement of a psychologist's certification as a medical
4 psychologist.
 
5     (225 ILCS 15/15)  (from Ch. 111, par. 5365)
6     (Section scheduled to be repealed on January 1, 2017)
7     Sec. 15. Disciplinary action; grounds. The Department may
8 refuse to issue, refuse to renew, suspend, or revoke any
9 license, or may place on probation, censure, reprimand, or take
10 other disciplinary action deemed appropriate by the
11 Department, including the imposition of fines not to exceed
12 $10,000 for each violation, with regard to any license issued
13 under the provisions of this Act for any one or a combination
14 of the following reasons:
15         (1) Conviction of, or entry of a plea of guilty or nolo
16     contendere to, any crime that is a felony under the laws of
17     the United States or any state or territory thereof or that
18     is a misdemeanor of which an essential element is
19     dishonesty, or any crime that is directly related to the
20     practice of the profession.
21         (2) Gross negligence in the rendering of clinical
22     psychological services.
23         (3) Using fraud or making any misrepresentation in
24     applying for a license or in passing the examination
25     provided for in this Act.

 

 

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

 

 

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1     equivalent to those set forth herein.
2         (12) Directly or indirectly giving or receiving from
3     any person, firm, corporation, association or partnership
4     any fee, commission, rebate or other form of compensation
5     for any professional service not actually or personally
6     rendered.
7         (13) A finding by the Board that the licensee, after
8     having his or her license placed on probationary status has
9     violated the terms of probation.
10         (14) Willfully making or filing false records or
11     reports, including but not limited to, false records or
12     reports filed with State agencies or departments.
13         (15) Physical illness, including but not limited to,
14     deterioration through the aging process, mental illness or
15     disability that results in the inability to practice the
16     profession with reasonable judgment, skill and safety.
17         (16) Willfully failing to report an instance of
18     suspected child abuse or neglect as required by the Abused
19     and Neglected Child Reporting Act.
20         (17) Being named as a perpetrator in an indicated
21     report by the Department of Children and Family Services
22     pursuant to the Abused and Neglected Child Reporting Act,
23     and upon proof by clear and convincing evidence that the
24     licensee has caused a child to be an abused child or
25     neglected child as defined in the Abused and Neglected
26     Child Reporting Act.

 

 

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1         (18) Violation of the Health Care Worker Self-Referral
2     Act.
3         (19) Making a material misstatement in furnishing
4     information to the Department, any other State or federal
5     agency, or any other entity.
6         (20) Failing to report to the Department any adverse
7     judgment, settlement, or award arising from a liability
8     claim related to an act or conduct similar to an act or
9     conduct that would constitute grounds for action as set
10     forth in this Section.
11         (21) Failing to report to the Department any adverse
12     final action taken against a licensee or applicant by
13     another licensing jurisdiction, including any other state
14     or territory of the United States or any foreign state or
15     country, or any peer review body, health care institution,
16     professional society or association related to the
17     profession, governmental agency, law enforcement agency,
18     or court for an act or conduct similar to an act or conduct
19     that would constitute grounds for disciplinary action as
20     set forth in this Section.
21     The entry of an order by any circuit court establishing
22 that any person holding a license under this Act is subject to
23 involuntary admission or judicial admission as provided for in
24 the Mental Health and Developmental Disabilities Code,
25 operates as an automatic suspension of that license. That
26 person may have his or her license restored only upon the

 

 

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1 determination by a circuit court that the patient is no longer
2 subject to involuntary admission or judicial admission and the
3 issuance of an order so finding and discharging the patient and
4 upon the Board's recommendation to the Department that the
5 license be restored. Where the circumstances so indicate, the
6 Board may recommend to the Department that it require an
7 examination prior to restoring any license so automatically
8 suspended.
9     The Department may refuse to issue or may suspend the
10 license of any person who fails to file a return, or to pay the
11 tax, penalty or interest shown in a filed return, or to pay any
12 final assessment of the tax penalty or interest, as required by
13 any tax Act administered by the Illinois Department of Revenue,
14 until such time as the requirements of any such tax Act are
15 satisfied.
16     In enforcing this Section, the Board upon a showing of a
17 possible violation may compel any person licensed to practice
18 under this Act, or who has applied for licensure or
19 certification pursuant to this Act, to submit to a mental or
20 physical examination, or both, as required by and at the
21 expense of the Department. The examining physicians or clinical
22 psychologists shall be those specifically designated by the
23 Board. The Board or the Department may order the examining
24 physician or clinical psychologist to present testimony
25 concerning this mental or physical examination of the licensee
26 or applicant. No information shall be excluded by reason of any

 

 

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1 common law or statutory privilege relating to communications
2 between the licensee or applicant and the examining physician
3 or clinical psychologist. The person to be examined may have,
4 at his or her own expense, another physician or clinical
5 psychologist of his or her choice present during all aspects of
6 the examination. Failure of any person to submit to a mental or
7 physical examination, when directed, shall be grounds for
8 suspension of a license until the person submits to the
9 examination if the Board finds, after notice and hearing, that
10 the refusal to submit to the examination was without reasonable
11 cause.
12     If the Board finds a person unable to practice because of
13 the reasons set forth in this Section, the Board may require
14 that person to submit to care, counseling or treatment by
15 physicians or clinical psychologists approved or designated by
16 the Board, as a condition, term, or restriction for continued,
17 reinstated, or renewed licensure to practice; or, in lieu of
18 care, counseling or treatment, the Board may recommend to the
19 Department to file a complaint to immediately suspend, revoke
20 or otherwise discipline the license of the person. Any person
21 whose license was granted, continued, reinstated, renewed,
22 disciplined or supervised subject to such terms, conditions or
23 restrictions, and who fails to comply with such terms,
24 conditions or restrictions, shall be referred to the Secretary
25 for a determination as to whether the person shall have his or
26 her license suspended immediately, pending a hearing by the

 

 

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1 Board.
2     In instances in which the Secretary immediately suspends a
3 person's license under this Section, a hearing on that person's
4 license must be convened by the Board within 15 days after the
5 suspension and completed without appreciable delay. The Board
6 shall have the authority to review the subject person's record
7 of treatment and counseling regarding the impairment, to the
8 extent permitted by applicable federal statutes and
9 regulations safeguarding the confidentiality of medical
10 records.
11     A person licensed under this Act and affected under this
12 Section shall be afforded an opportunity to demonstrate to the
13 Board that he or she can resume practice in compliance with
14 acceptable and prevailing standards under the provisions of his
15 or her license.
16     The Board shall prescribe, by rule, criteria for
17 disciplining, suspending, or revoking the prescriptive
18 authority of a medical psychologist. The Board shall have the
19 power and duty to require remediation, suspension, or
20 revocation of a medical psychologist's certification for a
21 specified period of time determined by the Board.
22 (Source: P.A. 94-870, eff. 6-16-06.)
 
23     Section 10. The Nurse Practice Act is amended by changing
24 Section 50-10 as follows:
 

 

 

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1     (225 ILCS 65/50-10)   (was 225 ILCS 65/5-10)
2     (Section scheduled to be repealed on January 1, 2018)
3     Sec. 50-10. Definitions. Each of the following terms, when
4 used in this Act, shall have the meaning ascribed to it in this
5 Section, except where the context clearly indicates otherwise:
6     "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     "Advanced practice nurse" or "APN" means a person who has
11 met the qualifications for a (i) certified nurse midwife (CNM);
12 (ii) certified nurse practitioner (CNP); (iii) certified
13 registered nurse anesthetist (CRNA); or (iv) clinical nurse
14 specialist (CNS) and has been licensed by the Department. All
15 advanced practice nurses licensed and practicing in the State
16 of Illinois shall use the title APN and may use speciality
17 credentials after their name.
18     "Approved program of professional nursing education" and
19 "approved program of practical nursing education" are programs
20 of professional or practical nursing, respectively, approved
21 by the Department under the provisions of this Act.
22     "Board" means the Board of Nursing appointed by the
23 Secretary.
24     "Collaboration" means a process involving 2 or more health
25 care professionals working together, each contributing one's
26 respective area of expertise to provide more comprehensive

 

 

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1 patient care.
2     "Consultation" means the process whereby an advanced
3 practice nurse seeks the advice or opinion of another health
4 care professional.
5     "Credentialed" means the process of assessing and
6 validating the qualifications of a health care professional.
7     "Current nursing practice update course" means a planned
8 nursing education curriculum approved by the Department
9 consisting of activities that have educational objectives,
10 instructional methods, content or subject matter, clinical
11 practice, and evaluation methods, related to basic review and
12 updating content and specifically planned for those nurses
13 previously licensed in the United States or its territories and
14 preparing for reentry into nursing practice.
15     "Dentist" means a person licensed to practice dentistry
16 under the Illinois Dental Practice Act.
17     "Department" means the Department of Financial and
18 Professional Regulation.
19     "Impaired nurse" means a nurse licensed under this Act who
20 is unable to practice with reasonable skill and safety because
21 of a physical or mental disability as evidenced by a written
22 determination or written consent based on clinical evidence,
23 including loss of motor skills, abuse of drugs or alcohol, or a
24 psychiatric disorder, of sufficient degree to diminish his or
25 her ability to deliver competent patient care.
26     "License-pending advanced practice nurse" means a

 

 

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1 registered professional nurse who has completed all
2 requirements for licensure as an advanced practice nurse except
3 the certification examination and has applied to take the next
4 available certification exam and received a temporary license
5 from the Department.
6     "License-pending registered nurse" means a person who has
7 passed the Department-approved registered nurse licensure exam
8 and has applied for a license from the Department. A
9 license-pending registered nurse shall use the title "RN lic
10 pend" on all documentation related to nursing practice.
11     "Physician" means a person licensed to practice medicine in
12 all its branches under the Medical Practice Act of 1987.
13     "Podiatrist" means a person licensed to practice podiatry
14 under the Podiatric Medical Practice Act of 1987.
15     "Practical nurse" or "licensed practical nurse" means a
16 person who is licensed as a practical nurse under this Act and
17 practices practical nursing as defined in this Act. Only a
18 practical nurse licensed under this Act is entitled to use the
19 title "licensed practical nurse" and the abbreviation
20 "L.P.N.".
21     "Practical nursing" means the performance of nursing acts
22 requiring the basic nursing knowledge, judgement, and skill
23 acquired by means of completion of an approved practical
24 nursing education program. Practical nursing includes
25 assisting in the nursing process as delegated by a registered
26 professional nurse or an advanced practice nurse. The practical

 

 

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1 nurse may work under the direction of a licensed physician,
2 dentist, podiatrist, or other health care professional
3 determined by the Department.
4     "Privileged" means the authorization granted by the
5 governing body of a healthcare facility, agency, or
6 organization to provide specific patient care services within
7 well-defined limits, based on qualifications reviewed in the
8 credentialing process.
9     "Registered Nurse" or "Registered Professional Nurse"
10 means a person who is licensed as a professional nurse under
11 this Act and practices nursing as defined in this Act. Only a
12 registered nurse licensed under this Act is entitled to use the
13 titles "registered nurse" and "registered professional nurse"
14 and the abbreviation, "R.N.".
15     "Registered professional nursing practice" is a scientific
16 process founded on a professional body of knowledge; it is a
17 learned profession based on the understanding of the human
18 condition across the life span and environment and includes all
19 nursing specialities and means the performance of any nursing
20 act based upon professional knowledge, judgment, and skills
21 acquired by means of completion of an approved professional
22 nursing education program. A registered professional nurse
23 provides holistic nursing care through the nursing process to
24 individuals, groups, families, or communities, that includes
25 but is not limited to: (1) the assessment of healthcare needs,
26 nursing diagnosis, planning, implementation, and nursing

 

 

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1 evaluation; (2) the promotion, maintenance, and restoration of
2 health; (3) counseling, patient education, health education,
3 and patient advocacy; (4) the administration of medications and
4 treatments as prescribed by a physician licensed to practice
5 medicine in all of its branches, a licensed dentist, a licensed
6 podiatrist, a medical psychologist, or a licensed optometrist
7 or as prescribed by a physician assistant in accordance with
8 written guidelines required under the Physician Assistant
9 Practice Act of 1987 or by an advanced practice nurse in
10 accordance with Article 65 of this Act; (5) the coordination
11 and management of the nursing plan of care; (6) the delegation
12 to and supervision of individuals who assist the registered
13 professional nurse implementing the plan of care; and (7)
14 teaching nursing students. The foregoing shall not be deemed to
15 include those acts of medical diagnosis or prescription of
16 therapeutic or corrective measures.
17     "Professional assistance program for nurses" means a
18 professional assistance program that meets criteria
19 established by the Board of Nursing and approved by the
20 Secretary, which provides a non-disciplinary treatment
21 approach for nurses licensed under this Act whose ability to
22 practice is compromised by alcohol or chemical substance
23 addiction.
24     "Secretary" means the Secretary of Financial and
25 Professional Regulation.
26     "Unencumbered license" means a license issued in good

 

 

HB0527 - 21 - LRB096 04189 ASK 14231 b

1 standing.
2     "Written collaborative agreement" means a written
3 agreement between an advanced practice nurse and a
4 collaborating physician, dentist, or podiatrist pursuant to
5 Section 65-35.
6 (Source: P.A. 95-639, eff. 10-5-07.)
 
7     Section 15. The Pharmacy Practice Act is amended by
8 changing Sections 3 and 4 as follows:
 
9     (225 ILCS 85/3)  (from Ch. 111, par. 4123)
10     (Section scheduled to be repealed on January 1, 2018)
11     Sec. 3. Definitions. For the purpose of this Act, except
12 where otherwise limited therein:
13     (a) "Pharmacy" or "drugstore" means and includes every
14 store, shop, pharmacy department, or other place where
15 pharmacist care is provided by a pharmacist (1) where drugs,
16 medicines, or poisons are dispensed, sold or offered for sale
17 at retail, or displayed for sale at retail; or (2) where
18 prescriptions of physicians, dentists, advanced practice
19 nurses, physician assistants, veterinarians, podiatrists,
20 medical psychologists, or optometrists, within the limits of
21 their licenses, are compounded, filled, or dispensed; or (3)
22 which has upon it or displayed within it, or affixed to or used
23 in connection with it, a sign bearing the word or words
24 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",

 

 

HB0527 - 22 - LRB096 04189 ASK 14231 b

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

 

 

HB0527 - 23 - LRB096 04189 ASK 14231 b

1 human or veterinary use approved by the United States Food and
2 Drug Administration.
3     (d) "Practice of pharmacy" means (1) the interpretation and
4 the provision of assistance in the monitoring, evaluation, and
5 implementation of prescription drug orders; (2) the dispensing
6 of prescription drug orders; (3) participation in drug and
7 device selection; (4) drug administration limited to the
8 administration of oral, topical, injectable, and inhalation as
9 follows: in the context of patient education on the proper use
10 or delivery of medications; vaccination of patients 14 years of
11 age and older pursuant to a valid prescription or standing
12 order, by a physician licensed to practice medicine in all its
13 branches, upon completion of appropriate training, including
14 how to address contraindications and adverse reactions set
15 forth by rule, with notification to the patient's physician and
16 appropriate record retention, or pursuant to hospital pharmacy
17 and therapeutics committee policies and procedures; (5) drug
18 regimen review; (6) drug or drug-related research; (7) the
19 provision of patient counseling; (8) the practice of
20 telepharmacy; (9) the provision of those acts or services
21 necessary to provide pharmacist care; (10) medication therapy
22 management; and (11) the responsibility for compounding and
23 labeling of drugs and devices (except labeling by a
24 manufacturer, repackager, or distributor of non-prescription
25 drugs and commercially packaged legend drugs and devices),
26 proper and safe storage of drugs and devices, and maintenance

 

 

HB0527 - 24 - LRB096 04189 ASK 14231 b

1 of required records. A pharmacist who performs any of the acts
2 defined as the practice of pharmacy in this State must be
3 actively licensed as a pharmacist under this Act.
4     (e) "Prescription" means and includes any written, oral,
5 facsimile, or electronically transmitted order for drugs or
6 medical devices, issued by a physician licensed to practice
7 medicine in all its branches, dentist, veterinarian, or
8 podiatrist, or optometrist, within the limits of their
9 licenses, by a physician assistant in accordance with
10 subsection (f) of Section 4, or by an advanced practice nurse
11 in accordance with subsection (g) of Section 4, containing the
12 following: (l) name of the patient; (2) date when prescription
13 was issued; (3) name and strength of drug or description of the
14 medical device prescribed; and (4) quantity, (5) directions for
15 use, (6) prescriber's name, address and signature, and (7) DEA
16 number where required, for controlled substances. DEA numbers
17 shall not be required on inpatient drug orders.
18     (f) "Person" means and includes a natural person,
19 copartnership, association, corporation, government entity, or
20 any other legal entity.
21     (g) "Department" means the Department of Financial and
22 Professional Regulation.
23     (h) "Board of Pharmacy" or "Board" means the State Board of
24 Pharmacy of the Department of Financial and Professional
25 Regulation.
26     (i) "Secretary" means the Secretary of Financial and

 

 

HB0527 - 25 - LRB096 04189 ASK 14231 b

1 Professional Regulation.
2     (j) "Drug product selection" means the interchange for a
3 prescribed pharmaceutical product in accordance with Section
4 25 of this Act and Section 3.14 of the Illinois Food, Drug and
5 Cosmetic Act.
6     (k) "Inpatient drug order" means an order issued by an
7 authorized prescriber for a resident or patient of a facility
8 licensed under the Nursing Home Care Act or the Hospital
9 Licensing Act, or "An Act in relation to the founding and
10 operation of the University of Illinois Hospital and the
11 conduct of University of Illinois health care programs",
12 approved July 3, 1931, as amended, or a facility which is
13 operated by the Department of Human Services (as successor to
14 the Department of Mental Health and Developmental
15 Disabilities) or the Department of Corrections.
16     (k-5) "Pharmacist" means an individual health care
17 professional and provider currently licensed by this State to
18 engage in the practice of pharmacy.
19     (l) "Pharmacist in charge" means the licensed pharmacist
20 whose name appears on a pharmacy license and who is responsible
21 for all aspects of the operation related to the practice of
22 pharmacy.
23     (m) "Dispense" or "dispensing" means the interpretation,
24 evaluation, and implementation of a prescription drug order,
25 including the preparation and delivery of a drug or device to a
26 patient or patient's agent in a suitable container

 

 

HB0527 - 26 - LRB096 04189 ASK 14231 b

1 appropriately labeled for subsequent administration to or use
2 by a patient in accordance with applicable State and federal
3 laws and regulations. "Dispense" or "dispensing" does not mean
4 the physical delivery to a patient or a patient's
5 representative in a home or institution by a designee of a
6 pharmacist or by common carrier. "Dispense" or "dispensing"
7 also does not mean the physical delivery of a drug or medical
8 device to a patient or patient's representative by a
9 pharmacist's designee within a pharmacy or drugstore while the
10 pharmacist is on duty and the pharmacy is open.
11     (n) "Nonresident pharmacy" means a pharmacy that is located
12 in a state, commonwealth, or territory of the United States,
13 other than Illinois, that delivers, dispenses, or distributes,
14 through the United States Postal Service, commercially
15 acceptable parcel delivery service, or other common carrier, to
16 Illinois residents, any substance which requires a
17 prescription.
18     (o) "Compounding" means the preparation and mixing of
19 components, excluding flavorings, (1) as the result of a
20 prescriber's prescription drug order or initiative based on the
21 prescriber-patient-pharmacist relationship in the course of
22 professional practice or (2) for the purpose of, or incident
23 to, research, teaching, or chemical analysis and not for sale
24 or dispensing. "Compounding" includes the preparation of drugs
25 or devices in anticipation of receiving prescription drug
26 orders based on routine, regularly observed dispensing

 

 

HB0527 - 27 - LRB096 04189 ASK 14231 b

1 patterns. Commercially available products may be compounded
2 for dispensing to individual patients only if all of the
3 following conditions are met: (i) the commercial product is not
4 reasonably available from normal distribution channels in a
5 timely manner to meet the patient's needs and (ii) the
6 prescribing practitioner has requested that the drug be
7 compounded.
8     (p) (Blank).
9     (q) (Blank).
10     (r) "Patient counseling" means the communication between a
11 pharmacist or a pharmacy intern under the supervision of a
12 pharmacist and a patient or the patient's representative about
13 the patient's medication or device for the purpose of
14 optimizing proper use of prescription medications or devices.
15 "Patient counseling" may include without limitation (1)
16 obtaining a medication history; (2) acquiring a patient's
17 allergies and health conditions; (3) facilitation of the
18 patient's understanding of the intended use of the medication;
19 (4) proper directions for use; (5) significant potential
20 adverse events; (6) potential food-drug interactions; and (7)
21 the need to be compliant with the medication therapy. A
22 pharmacy technician may only participate in the following
23 aspects of patient counseling under the supervision of a
24 pharmacist: (1) obtaining medication history; (2) providing
25 the offer for counseling by a pharmacist or intern; and (3)
26 acquiring a patient's allergies and health conditions.

 

 

HB0527 - 28 - LRB096 04189 ASK 14231 b

1     (s) "Patient profiles" or "patient drug therapy record"
2 means the obtaining, recording, and maintenance of patient
3 prescription information, including prescriptions for
4 controlled substances, and personal information.
5     (t) (Blank).
6     (u) "Medical device" means an instrument, apparatus,
7 implement, machine, contrivance, implant, in vitro reagent, or
8 other similar or related article, including any component part
9 or accessory, required under federal law to bear the label
10 "Caution: Federal law requires dispensing by or on the order of
11 a physician". A seller of goods and services who, only for the
12 purpose of retail sales, compounds, sells, rents, or leases
13 medical devices shall not, by reasons thereof, be required to
14 be a licensed pharmacy.
15     (v) "Unique identifier" means an electronic signature,
16 handwritten signature or initials, thumb print, or other
17 acceptable biometric or electronic identification process as
18 approved by the Department.
19     (w) "Current usual and customary retail price" means the
20 price that a pharmacy charges to a non-third-party payor .
21     (x) "Automated pharmacy system" means a mechanical system
22 located within the confines of the pharmacy or remote location
23 that performs operations or activities, other than compounding
24 or administration, relative to storage, packaging, dispensing,
25 or distribution of medication, and which collects, controls,
26 and maintains all transaction information.

 

 

HB0527 - 29 - LRB096 04189 ASK 14231 b

1     (y) "Drug regimen review" means and includes the evaluation
2 of prescription drug orders and patient records for (1) known
3 allergies; (2) drug or potential therapy contraindications;
4 (3) reasonable dose, duration of use, and route of
5 administration, taking into consideration factors such as age,
6 gender, and contraindications; (4) reasonable directions for
7 use; (5) potential or actual adverse drug reactions; (6)
8 drug-drug interactions; (7) drug-food interactions; (8)
9 drug-disease contraindications; (9) therapeutic duplication;
10 (10) patient laboratory values when authorized and available;
11 (11) proper utilization (including over or under utilization)
12 and optimum therapeutic outcomes; and (12) abuse and misuse.
13     (z) "Electronic transmission prescription" means any
14 prescription order for which a facsimile or electronic image of
15 the order is electronically transmitted from a licensed
16 prescriber to a pharmacy. "Electronic transmission
17 prescription" includes both data and image prescriptions.
18     (aa) "Medication therapy management services" means a
19 distinct service or group of services offered by licensed
20 pharmacists, physicians licensed to practice medicine in all
21 its branches, advanced practice nurses authorized in a written
22 agreement with a physician licensed to practice medicine in all
23 its branches, or physician assistants authorized in guidelines
24 by a supervising physician that optimize therapeutic outcomes
25 for individual patients through improved medication use. In a
26 retail or other non-hospital pharmacy, medication therapy

 

 

HB0527 - 30 - LRB096 04189 ASK 14231 b

1 management services shall consist of the evaluation of
2 prescription drug orders and patient medication records to
3 resolve conflicts with the following:
4         (1) known allergies;
5         (2) drug or potential therapy contraindications;
6         (3) reasonable dose, duration of use, and route of
7     administration, taking into consideration factors such as
8     age, gender, and contraindications;
9         (4) reasonable directions for use;
10         (5) potential or actual adverse drug reactions;
11         (6) drug-drug interactions;
12         (7) drug-food interactions;
13         (8) drug-disease contraindications;
14         (9) identification of therapeutic duplication;
15         (10) patient laboratory values when authorized and
16     available;
17         (11) proper utilization (including over or under
18     utilization) and optimum therapeutic outcomes; and
19         (12) drug abuse and misuse.
20 "Medication therapy management services" includes the
21 following:
22         (1) documenting the services delivered and
23     communicating the information provided to patients'
24     prescribers within an appropriate time frame, not to exceed
25     48 hours;
26         (2) providing patient counseling designed to enhance a

 

 

HB0527 - 31 - LRB096 04189 ASK 14231 b

1     patient's understanding and the appropriate use of his or
2     her medications; and
3         (3) providing information, support services, and
4     resources designed to enhance a patient's adherence with
5     his or her prescribed therapeutic regimens.
6 "Medication therapy management services" may also include
7 patient care functions authorized by a physician licensed to
8 practice medicine in all its branches for his or her identified
9 patient or groups of patients under specified conditions or
10 limitations in a standing order from the physician.
11 "Medication therapy management services" in a licensed
12 hospital may also include the following:
13         (1) reviewing assessments of the patient's health
14     status; and
15         (2) following protocols of a hospital pharmacy and
16     therapeutics committee with respect to the fulfillment of
17     medication orders.
18     (bb) "Pharmacist care" means the provision by a pharmacist
19 of medication therapy management services, with or without the
20 dispensing of drugs or devices, intended to achieve outcomes
21 that improve patient health, quality of life, and comfort and
22 enhance patient safety.
23     (cc) "Protected health information" means individually
24 identifiable health information that, except as otherwise
25 provided, is:
26         (1) transmitted by electronic media;

 

 

HB0527 - 32 - LRB096 04189 ASK 14231 b

1         (2) maintained in any medium set forth in the
2     definition of "electronic media" in the federal Health
3     Insurance Portability and Accountability Act; or
4             (3) transmitted or maintained in any other form or
5         medium.
6 "Protected health information" does not include individually
7 identifiable health information found in:
8             (1) education records covered by the federal
9         Family Educational Right and Privacy Act; or
10             (2) employment records held by a licensee in its
11         role as an employer.
12     (dd) "Standing order" means a specific order for a patient
13 or group of patients issued by a physician licensed to practice
14 medicine in all its branches in Illinois.
15     (ee) "Address of record" means the address recorded by the
16 Department in the applicant's or licensee's application file or
17 license file, as maintained by the Department's licensure
18 maintenance unit.
19     (ff) "Home pharmacy" means the location of a pharmacy's
20 primary operations.
21 (Source: P.A. 94-459, eff. 1-1-06; 95-689, eff. 10-29-07.)
 
22     (225 ILCS 85/4)  (from Ch. 111, par. 4124)
23     (Section scheduled to be repealed on January 1, 2018)
24     Sec. 4. Exemptions. Nothing contained in any Section of
25 this Act shall apply to, or in any manner interfere with:

 

 

HB0527 - 33 - LRB096 04189 ASK 14231 b

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

 

 

HB0527 - 34 - LRB096 04189 ASK 14231 b

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

 

 

HB0527 - 35 - LRB096 04189 ASK 14231 b

1 licensed to practice medicine in all its branches to an
2 advanced practice nurse in accordance with a written
3 collaborative agreement under Section 65-35 of the Nurse
4 Practice Act. This authority, which is delegated under Section
5 65-40 of the Nurse Practice Act, may but is not required to
6 include the prescription of Schedule III, IV, or V controlled
7 substances as defined in Article II of the Illinois Controlled
8 Substances Act.
9 (Source: P.A. 95-639, eff. 10-5-07.)
 
10     Section 20. The Illinois Controlled Substances Act is
11 amended by changing Section 102 as follows:
 
12     (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
13     Sec. 102. Definitions. As used in this Act, unless the
14 context otherwise requires:
15     (a) "Addict" means any person who habitually uses any drug,
16 chemical, substance or dangerous drug other than alcohol so as
17 to endanger the public morals, health, safety or welfare or who
18 is so far addicted to the use of a dangerous drug or controlled
19 substance other than alcohol as to have lost the power of self
20 control with reference to his addiction.
21     (b) "Administer" means the direct application of a
22 controlled substance, whether by injection, inhalation,
23 ingestion, or any other means, to the body of a patient,
24 research subject, or animal (as defined by the Humane

 

 

HB0527 - 36 - LRB096 04189 ASK 14231 b

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

 

 

HB0527 - 37 - LRB096 04189 ASK 14231 b

1             (xii) methandranone,
2             (xiii) methandriol,
3             (xiv) methandrostenolone,
4             (xv) methenolone,
5             (xvi) methyltestosterone,
6             (xvii) mibolerone,
7             (xviii) nandrolone,
8             (xix) norethandrolone,
9             (xx) oxandrolone,
10             (xxi) oxymesterone,
11             (xxii) oxymetholone,
12             (xxiii) stanolone,
13             (xxiv) stanozolol,
14             (xxv) testolactone,
15             (xxvi) testosterone,
16             (xxvii) trenbolone, and
17             (xxviii) any salt, ester, or isomer of a drug or
18         substance described or listed in this paragraph, if
19         that salt, ester, or isomer promotes muscle growth.
20     Any person who is otherwise lawfully in possession of an
21 anabolic steroid, or who otherwise lawfully manufactures,
22 distributes, dispenses, delivers, or possesses with intent to
23 deliver an anabolic steroid, which anabolic steroid is
24 expressly intended for and lawfully allowed to be administered
25 through implants to livestock or other nonhuman species, and
26 which is approved by the Secretary of Health and Human Services

 

 

HB0527 - 38 - LRB096 04189 ASK 14231 b

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

 

 

HB0527 - 39 - LRB096 04189 ASK 14231 b

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

 

 

HB0527 - 40 - LRB096 04189 ASK 14231 b

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

 

 

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

 

 

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

 

 

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

 

 

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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,

 

 

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

 

 

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

 

 

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

 

 

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1 prior to the time of issuance.
2     (mm) "Prescriber" means a physician licensed to practice
3 medicine in all its branches, dentist, optometrist,
4 podiatrist, medical psychologist, or veterinarian who issues a
5 prescription, a physician assistant who issues a prescription
6 for a Schedule III, IV, or V controlled substance in accordance
7 with Section 303.05 and the written guidelines required under
8 Section 7.5 of the Physician Assistant Practice Act of 1987, or
9 an advanced practice nurse with prescriptive authority
10 delegated under Section 65-40 of the Nurse Practice Act and in
11 accordance with Section 303.05 and a written collaborative
12 agreement under Section 65-35 of the Nurse Practice Act.
13     (nn) "Prescription" means a lawful written, facsimile, or
14 verbal order of a physician licensed to practice medicine in
15 all its branches, dentist, podiatrist, medical psychologist,
16 or veterinarian for any controlled substance, of an optometrist
17 for a Schedule III, IV, or V controlled substance in accordance
18 with Section 15.1 of the Illinois Optometric Practice Act of
19 1987, of a physician assistant for a Schedule III, IV, or V
20 controlled substance in accordance with Section 303.05 and the
21 written guidelines required under Section 7.5 of the Physician
22 Assistant Practice Act of 1987, or of an advanced practice
23 nurse with prescriptive authority delegated under Section
24 65-40 of the Nurse Practice Act who issues a prescription for a
25 Schedule III, IV, or V controlled substance in accordance with
26 Section 303.05 and a written collaborative agreement under

 

 

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1 Section 65-35 of the Nurse Practice Act.
2     (oo) "Production" or "produce" means manufacture,
3 planting, cultivating, growing, or harvesting of a controlled
4 substance other than methamphetamine.
5     (pp) "Registrant" means every person who is required to
6 register under Section 302 of this Act.
7     (qq) "Registry number" means the number assigned to each
8 person authorized to handle controlled substances under the
9 laws of the United States and of this State.
10     (rr) "State" includes the State of Illinois and any state,
11 district, commonwealth, territory, insular possession thereof,
12 and any area subject to the legal authority of the United
13 States of America.
14     (ss) "Ultimate user" means a person who lawfully possesses
15 a controlled substance for his own use or for the use of a
16 member of his household or for administering to an animal owned
17 by him or by a member of his household.
18 (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08;
19 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff.
20 8-21-08.)