SB2824 94TH GENERAL ASSEMBLY

LRB094 16430 RAS 51690 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2824

Introduced 1/20/2006, by Sen. Antonio Munoz

SYNOPSIS AS INTRODUCED:

New Act
720 ILCS 570/102	from Ch. 56 1/2, par. 1102

Creates the Naturopathic Medical Practice Act. Provides for the regulation of naturopathic physicians through licensure by the Department of Financial and Professional Regulation. Establishes the Board of Naturopathic Medicine, the Naturopathic Childbirth Attendance Advisory Committee, and the Naturopathic Formulary Committee. Sets forth provisions concerning licensure, scope of practice, duties of the Department, and administrative procedure. Amends the Illinois Controlled Substances Act to add naturopathic physicians who issue a prescription for a controlled substance in accordance with the naturopathic formulary to the definition of "prescriber".

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short Title. This Act may be cited as the Naturopathic Medical Practice Act.

Section 5. Purpose. The practice of naturopathic medicine in the State of Illinois is declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that naturopathic physicians and the practice of naturopathic medicine, as defined in this Act, merit and receive the confidence of the public, that only qualified persons be authorized to practice naturopathic medicine in the State of Illinois, and that no person shall practice naturopathic medicine without a valid existing license to do so. The General Assembly recognizes that naturopathic physicians are a distinct health care profession that affects the public health, safety, and welfare and increases freedom of choice in health care. This Act shall be liberally construed to best carry out these subjects and purposes.

Section 10. Definitions. In this Act:

"Approved naturopathic medical program" means any of the following:

(1) a naturopathic medical education program in the United States accredited by the Council on Naturopathic Medical Education, or an equivalent federally recognized accrediting body for the naturopathic medical profession recognized by the Board, that offers graduate-level full-time didactic and supervised clinical training leading to the degree of Doctor of Naturopathy or Doctor of Naturopathic Medicine and is part of an institution of higher education that is either accredited or is a candidate for accreditation by a regional institutional accrediting agency recognized by the United States Secretary of Education;

(2) a full-time structured curriculum, having been not less than 132 weeks in duration, requiring completion within a period of not less than 35 months, and offered prior to the existence of the CNME, in basic sciences and supervised patient care comprising a doctoral naturopathic medical education offered by a degree-granting college or university that is reputable and in good standing in the judgment of the Board; or

(3) a full-time structured curriculum, having been not less than 132 weeks in duration and requiring completion within a period of not less than 35 months, in basic sciences and supervised patient care comprising a doctoral naturopathic medical education offered by a degree-granting college or university in Canada that is reputable and in good standing in the judgment of the Board and has provincial approval for participation in government funded student aid programs; such course, as a prerequisite to graduation therefrom, .

"Board" means the Board of Naturopathic Medicine appointed by the Secretary.

"CNME" means the Council on Naturopathic Medical Education.

"Committee" means the Naturopathic Childbirth Attendance Advisory Committee.

"Council" means the Naturopathic Formulary Council comprised of members appointed pursuant to this Act to determine and authorize the formulary list.

"Department" means the Department of Financial and Professional Regulation.

"Minor office procedures" means the methods used for the repair of and provision of care incidental to superficial lacerations and abrasions or superficial lesions and the removal of foreign bodies located in the superficial tissues.

"Naturopathic childbirth attendance" means the specialty practice of natural childbirth by a naturopathic physician that meets the additional requirements set forth in this Act, that includes the management of normal pregnancy, normal labor and delivery, and the normal postpartum period, including normal newborn care.

"Naturopathic formulary" means the list of natural medicines, nonprescription and prescription that naturopathic physicians use in the practice of the profession, as determined by the Council and reviewed by the Board.

"Naturopathic medicine" means a system of primary health care for the prevention, diagnosis, and treatment of human health conditions, injury, and disease; the promotion or restoration of health; and the support and stimulation of a patient's inherent self-healing processes through patient education and the use of natural therapies and therapeutic substances.

"Naturopathic physician" means a practitioner of naturopathic medicine who has been properly licensed for that purpose by the Department under this Act. "Naturopathic physician" includes all titles and designations associated with the practice of naturopathic medicine, including, "doctor of naturopathic medicine", "doctor of naturopathy", "naturopathic doctor", "naturopath", "doctor of naturopathic medicine", "doctor of naturopathy", "naturopathic medical doctor", "N.D.", "ND", "N.M.D", and "NMD".

"Naturopathic residency" means a post-graduate medical education program approved by the Council on Naturopathic Medical Education, a subcommittee thereof, or an equivalent agency, as recognized by the Board, that provides a structured curriculum with diagnosis and management of patients under appropriate levels of supervision for graduates of an approved naturopathic medical program.

"Prescription drug" means any drug defined by Section 503(b) of the federal Food, Drug and Cosmetic Act with a label that is required to bear the statement "RX only".

"Secretary" means the Secretary of Financial and Professional Regulation.

Section 15. Exemption from civil liability. Exemption from civil liability for emergency care is as provided in the Good Samaritan Act.

While serving upon any professional utilization committee, professional review organization, peer review committee, mediation committee, board of Secretaries considering matters of peer review, or review committee sanctioned by the profession, a person shall not be liable for civil damages as a result of his or her acts, omissions, or decisions in connection with his or her duties on such committees or boards, except in cases involving willful or wanton misconduct.

Section 20. Exceptions.

(a) This Act does not prohibit or restrict any of the following:

(1) Any person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987 who engages in the practice for which he or she is licensed.

(2) The practice of a profession by individuals who are licensed, certified, or registered under the laws of this State who are performing services within their authorized scope of practice.

(3) The practice of naturopathic medicine by an individual employed by the government of the United States while the individual is engaged in the performance of duties prescribed by the laws and regulations of the United States.

(4) The practice of naturopathic medicine by students enrolled in an approved naturopathic medical college. The performance of services shall be pursuant to a course of instruction or assignments from an instructor and under the supervision of the instructor, who shall be a naturopathic physician licensed under this Act or a duly licensed professional in the instructed field.

(5) Any person treating himself or herself or his or her family members based on religious or health beliefs.

(6) Any person who sells vitamins and herbs who provides information about such products.

(7) Any person or practitioner who recommends any therapy that is within the scope of practice of naturopathic physicians and that is within that individual's legal rights or scope of practice granted by the existing laws of this State.

(b) This Act shall not be construed to prohibit the practice of naturopathic medicine by persons who are licensed to practice naturopathic medicine in any other state or district in the United States who enter this State to consult with a naturopathic physician licensed under this Act; provided, however, that the consultation is limited to examination, recommendation, or testimony in litigation.

Section 25. Title and designation.

(a) Licensees shall use the title "naturopathic physician" and the recognized abbreviation "N.D.".

(b) Naturopathic physicians shall have the exclusive right to use the terms: "naturopathic physician", "naturopathic doctor", "naturopath", "doctor of naturopathic medicine", "doctor of naturopathy", "naturopathic medical doctor", "naturopathic medicine", "naturopathic health care", "naturopathy", "N.D.", "ND", "N.M.D." and "NMD".

(c) No person shall represent himself or herself to the public as a naturopathic physician, a doctor of naturopathic medicine, a doctor of naturopathy, or as being otherwise authorized to practice naturopathic medicine in this State without first obtaining from the Department a license to practice naturopathic medicine under this Act.

(d) The titles and designations set forth in this Section identify naturopathic physicians and are restricted to describing and identifying licensed practitioners.

Section 30. Powers and duties of the Department and the Secretary.

(a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensing acts and shall exercise such other powers and duties conferred by this Act.

(b) The Department may adopt rules consistent with the provisions of this Act, for the administration and enforcement thereof and may prescribe forms that shall be issued in connection therewith.

(c) The Department shall adopt the competency-based national examination approved by the Board as the naturopathic licensing examination.

(d) The Secretary shall consider the recommendations of the Board on questions involving standards of professional conduct, discipline, and qualifications of candidates and licensees under this Act.

(e) The Department may, at any time, seek the expert advice and knowledge of the Board on any matter relating to the administration or enforcement of this Act. Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the response of the Board and any recommendations made in response.

(f) The Secretary shall issue licenses, and renewals thereof, to all persons who meet the qualifications for licensure as determined by the Board.

(g) The Department shall establish rules for continuing education as recommended by the Board.

(h) The Secretary shall consult the Board on matters involving all of the following:

(1) The qualifications of candidates who apply for licensure to practice naturopathic medicine in Illinois.

(2) The content of any clinical, practical, or residency requirement.

(3) The content of rules and proposed rules governing the practice of naturopathic medicine in Illinois.

(4) The investigation of complaints from naturopathic physicians and the public and the technical aspects of the complaint;

(5) The requirements for issuance and renewal of naturopathic medical licenses.

Section 35. Naturopathic Medical Licensing Board.

(a) There is hereby created the Naturopathic Medical Licensing Board, which shall consist of 7 members appointed by the Secretary, 5 of whom shall be licensed naturopathic physicians who are in good standing in this State, are residents of this State, and have been engaged in the practice or instruction of naturopathic medicine for at least 3 years and 2 of whom shall be residents of this State who are not, and never have been, licensed health care practitioners and hold no interest in naturopathic education, naturopathic business, or naturopathic practice.

(b) The Secretary shall take into consideration recommendations from the Illinois Association of Naturopathic Physicians in determining the names of naturopathic physicians eligible to serve on the Board.

(c) Members shall serve for terms of 4 years and shall serve until a successor is appointed, except that, for the purpose of staggering terms, the Secretary shall initially appoint to the Board 3 members for terms of 4 years each, 2 members for terms of 3 years each, and 2 members for terms of 2 years each.

(d) Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term.

(e) The Secretary may remove any member of the Board for cause prior to the expiration of the member's term.

(f) The Board, within 30 days after its appointment, and at least annually thereafter, shall hold a meeting and elect a chairperson and vice-chairperson. The Board may hold additional meetings at the call of the chair or at the written request of any 2 members of the Board. The Board may appoint committees as it deems necessary to carry out its duties.

(g) A majority of the Board shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of the quorum to exercise the rights and perform all of the duties of the Board.

(h) Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board.

(i) The members of the Board shall each receive as compensation a reasonable sum as determined by the Secretary for each day actually engaged in the duties of office and all legitimate and necessary expenses incurred in attending the meetings of the Board.

Section 40. Duties of the Board.

(a) The Board may recommend such rules as are necessary to carry out the purposes of this Act and recommend disciplinary action as provided for under this Act.

(b) The Board shall determine the qualifications of persons applying for licensure and define, by rule, the appropriate scope of naturopathic medicine in this State, provided however, that the scope of practice may not exceed that defined in this Act.

(c) The Board shall review the content of rules and proposed rules governing the practice of naturopathic medicine in Illinois.

(d) The Board shall evaluate the content of any clinical, practical, or residency requirement.

(e) The Board shall grant approval for naturopathic childbirth attendance privileges to those licensees who apply, provided that such applicants can document training and experience equal to or greater than that required by the Childbirth Attendance Advisory Committee.

(f) The Board shall establish, by rule, examination standards, dates, and locations.

(g) The Board shall recommend the minimum amount and type of continuing education to be required for each naturopathic physician seeking licensure renewal.

Section 45. Naturopathic Formulary Council.

(a) There is hereby established a Naturopathic Formulary Council, separate and distinct from the Board, to be composed of 5 members, 2 of whom shall be naturopathic physicians licensed under this Act and appointed by the Board, 2 of whom shall be pharmacists licensed under Illinois Pharmacy Practice Act and appointed by the Board from a list of nominees provided by the State Board of Pharmacy, and one of whom shall be a physician licensed under the Medical Practice Act of 1987 and appointed by the Board from a list of nominees provided by the Medical Licensing Board.

(b) It shall be the duty of the Council to establish a formulary for use by naturopathic physicians. Immediately upon adoption or revision of the formulary, the Council shall transmit the approved formulary to the Department and the Department shall adopt the formulary by temporary rule.

(c) The formulary will be reviewed annually by the Council, or at any time at the request of the Board.

(d) The formulary list may not go beyond the scope of natural medicines, prescription substances and devices covered by approved naturopathic education and training and existing naturopathic formularies, or continuing education approved by the Board.

(e) The naturopathic formulary shall not include medicines and devices that are inconsistent with the training provided by approved naturopathic medical programs.

(f) Nothing in this Act shall allow a naturopathic physician to dispense, administer, or prescribe any legend drug or device as defined in the Illinois Controlled Substance Act, unless such prescription drug or legend device is specifically included in the naturopathic formulary.

Section 50. Naturopathic childbirth attendance.

(a) The Secretary shall establish a Naturopathic Childbirth Attendance Advisory Committee to issue recommendations concerning the practice of naturopathic childbirth attendance based upon a review of naturopathic medical education and training. The Committee shall be comprised of 4 members, one of whom shall be a medical doctor with a clinical specialty or board certification in obstetrics, one of whom shall be a certified nurse midwife, and 2 of whom shall be naturopathic physicians with clinical experience in natural childbirth.

(b) The Committee shall review naturopathic education and training and make specific recommendations to the Department regarding the practice of naturopathic childbirth attendance and qualifications for the practice of naturopathic childbirth attendance. The Department shall adopt these recommendations as rule for use in reviewing all naturopathic physician applicants seeking privileges to perform naturopathic childbirth attendance.

(c) A person must pass the North American Registry of Midwives (NARM) examination, or an examination that is determined by the Committee to be equivalent, to practice naturopathic childbirth attendance.

(d) The Committee shall make recommendations to the Board concerning the practice of naturopathic childbirth attendance.

Section 55. Qualifications for licensure.

(a) Applicants for a license to practice naturopathic medicine under this Act must submit the following to the Board:

(1) an application for licensure designed and approved by the Department;

(2) an application fee established by the Department;

(3) documentation attesting to the applicant's good, ethical, and professional reputation;

(4) evidence that the applicant is a graduate of an approved naturopathic medical program, in accordance with the requirements of this Act, and that he or she has successfully passed a competency-based national naturopathic licensing examination administered by the North American Board of Naturopathic Examiners or an equivalent agency, as recognized by the Board; and

(5) in the case of graduates of degree-granting approved naturopathic medical programs, evidence of successful passage of a State competency examination approved by the Board or a Canadian provincial examination.

(b) The Department shall adopt rules instituting a naturopathic medicine residency program of no less than one year post-doctoral duration with medical schools, teaching hospitals, clinics, and private practices. These rules shall be consistent with the residency standards of the CNME. The Board shall recommend the time upon which residency shall become a prerequisite for licensure, and this recommendation shall include an assessment of the availability of an adequate number of CNME-approved residencies. The Department shall implement a mandatory residency program within a reasonable amount of time after the effective date of this Act and shall present a progress report to the Department on or before October 1, 2007.

Section 60. Scope of practice.

(a) A naturopathic physician may order and perform physical and laboratory examinations consistent with naturopathic education and training, for diagnostic purposes, including, but not limited to, phlebotomy, clinical laboratory tests, orificial examinations, and physiological function tests.

(b) A naturopathic physician may order diagnostic imaging studies consistent with naturopathic training.

(c) A naturopathic physician may dispense, administer, order, and prescribe or perform any of the following:

(1) Food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical medicines, homeopathic medicines, all dietary supplements, and nonprescription drugs, as defined by the federal Food, Drug, and Cosmetic Act.

(2) Prescription substances as determined by the Naturopathic Formulary Council.

(3) Hot or cold hydrotherapy, naturopathic physical medicine, electromagnetic energy, colon hydrotherapy, and therapeutic exercise.

(4) Devices, including, but not limited to, therapeutic devices, barrier contraception, and durable medical equipment.

(5) Health education and health counseling.

(6) Repair and care incidental to superficial lacerations and abrasions.

(7) Removal of foreign bodies located in the superficial tissues.

(8) Musculoskeletal manipulation consistent with naturopathic education and training, not to exceed level 4 high velocity manipulation.

(d) A naturopathic physician may utilize routes of administration that include oral, nasal, auricular, ocular, rectal, vaginal, transdermal, intradermal, subcutaneous, intravenous, and intramuscular and are consistent with the education and training of a naturopathic physician.

(e) A naturopathic physician may perform those therapies in which he or she is trained and educated, and are approved by the Board.

Section 65. Prohibitions. A naturopathic physician licensed under this Act may not do any of the following:

(1) Prescribe, dispense, or administer any controlled substance or device identified in the federal Controlled Substance Act, as amended, except as authorized by this Act.

(2) Perform surgical procedures other than those minor office procedures authorized by this Act.

(3) Practice or claim to practice as a medical doctor, osteopath, dentist, podiatrist, optometrist, psychologist, advanced practice professional nurse, physician assistant, chiropractor, physical therapist, acupuncturist, or any other health care professional not authorized under this Act, unless licensed to do so.

(4) Use general or spinal anesthetics.

(5) Administer ionizing radioactive substances for therapeutic purposes.

(6) Perform surgical procedures using a laser device.

(7) Perform surgical procedures involving the eye, ear, tendons, nerves, veins, or arteries extending beyond superficial tissue.

(8) Induce or perform abortions.

(9) Treat any lesion suspicious of malignancy or requiring surgical removal. Lesions suspicious of malignancy or requiring surgical removal shall be referred to an appropriately licensed health care professional. Nothing in this Act shall prohibit treatment of a person with suspicious or malignant lesions in collaboration with a physician licensed to practice medicine in all of its branches.

(10) Perform acupuncture, unless licensed as an acupuncturist, as defined in the Illinois Acupuncture Practice Act.

Section 70. Licensure without examination. The Department may issue a license without examination to any applicant who submits an application for licensure, together with the appropriate fee, and proof acceptable to the Department of current licensure in good standing in another state, the District of Columbia, or a territory of the United States whose standards for licensure are at least equivalent to those of this State.

Any applicant seeking a license without examination under this Section shall provide proof of licensure in good standing in all states in which he or she is licensed.

Section 75. License expiration; renewal. The expiration date and renewal period for each license issued under this Act shall be set by rule. The Department shall adopt rules for continuing education required for the renewal of licenses.

Section 80. Fees. The fees assessed under this Act shall be determined by rule. All fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund. All moneys in the Fund shall be used by the Department, as appropriated, for the ordinary and contingent expenses of the Department.

Section 85. Mandated reporting.

(a) The following persons shall report to the Department, in writing and within 30 days after becoming aware of such information, any information that the person has reason to believe indicates that a naturopathic physician is or may be medically or legally incompetent, engaged in the unauthorized practice of naturopathic medicine, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of naturopathic medicine:

(1) naturopathic physicians licensed under this Act;

(2) licensed health care providers;

(3) employees of licensed health care institutions in the State;

(4) State agency employees; and

(5) State law enforcement personnel.

(b) A naturopathic physician's voluntary resignation from the staff of a health care institution, voluntary limitation of staff privileges, or failure to reapply for hospital privileges at such an institution, shall be promptly reported to the Department by the health care institution and the licensee, if such action occurs while the licensee is under investigation by the institution or a committee thereof for any reason related to possible medical incompetence, unprofessional conduct, or mental or physical impairment.

(c) Upon receiving a credible complaint or report concerning a licensee, or on its own motion, the Department may investigate any evidence of a licensee's medical incompetence, unprofessional conduct, or inability to engage safely in the practice of medicine due to mental or physical illness.

(d) Any person, institution, agency, or organization required to report under this Section who does so in good faith shall not be subject to civil damages or criminal prosecution for so reporting.

(e) Within 10 days after receipt of a report mandated under this Section, the Secretary shall acknowledge receipt of all reports and any complaint against a licensee submitted to the Department. Within 10 days thereafter, the Secretary shall inform any person or entity whose report or complaint has resulted in action by the Department, of the final disposition of the matter.

(f) Any person or entity who fails to make a report as mandated under this Section may be assessed by the Secretary, in his or her discretion and after consultation with the Board, a civil penalty. Assessment of a civil penalty pursuant to this subsection shall be supported by substantial evidence and may be appealed to the circuit court. On appeal, the circuit court may receive any relevant evidence supporting or opposing the assessment and may affirm or reverse the Secretary's decision.

Section 90. Refusal of licensure.

(a) The Department may refuse to issue or renew a license on any of the following grounds:

(1) The conviction of a felony, a criminal conviction record, or a pending criminal charge relating to an offense, the circumstances of which substantially relate to the practice of naturopathic medicine.

(2) Impairment related to drugs or alcohol that would limit an applicant's ability to undertake the practice of naturopathic medicine in a manner consistent with the safety of the public.

(3) Mental incompetence that impairs an applicant's ability to undertake the practice of naturopathic medicine in a manner consistent with the safety of the public, as determined by a physician.

(b) The Department shall not reinstate the license of a naturopathic physician until such time as the Department is satisfied that such person has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of naturopathic medicine.

Section 95. Disciplinary action. The following acts constitute grounds for denial of a license or disciplinary action:

(1) Attempting to obtain, obtaining, or renewing a license to practice naturopathic medicine by bribery, or by fraudulent misrepresentation.

(2) Having a license to practice naturopathic medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

(3) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of naturopathic medicine or to the ability to practice naturopathic medicine. Any plea of nolo contendere shall be considered a conviction for purposes of this Act.

(4) False, deceptive, or misleading advertising.

(5) Advertising, practicing, or attempting to practice under a name other than one's own.

(6) Aiding, assisting, procuring, or advising any unlicensed person to practice naturopathic medicine contrary to this Act or a rule of the Department or the Board.

(7) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by State or federal law, or willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records shall include only those which are signed in the capacity as a licensed naturopathic physician.

(8) Paying or receiving any commission, bonus, kickback, or rebate, or engaging in any split-fee arrangement in any form whatsoever with a physician, organization, agency, or person, either directly or indirectly, for patients referred to providers of health care goods and services, including, but not limited to, hospitals, nursing homes, clinical laboratories, ambulatory surgical centers, or pharmacies. The provisions of this paragraph shall not be construed to prevent a doctor of naturopathic medicine or naturopathic physician from receiving a fee for professional consultation services.

(9) Exercising influence within a patient-physician relationship for the purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with her or his naturopathic physician.

(10) Failing to keep written medical records justifying the course of treatment of the patient, including, but not limited to, patient histories, examination results, test results, imaging results, and records of the prescribing, dispensing, and administering of drugs.

(11) Gross or repeated malpractice or the failure to practice naturopathic medicine with that level of care, skill, and treatment that is recognized by a reasonably prudent similarly situated naturopathic physician as being acceptable under similar conditions and circumstances.

(12) Delegating professional responsibilities to a person while knowing or having reason to know that the person is not qualified by training, experience, or licensure to perform such responsibilities.

(13) Violating any provision of this Act or any rules adopted pursuant to this Act.

(14) Selling, fraudulently obtaining, or furnishing any naturopathic diploma, license, record, or registration or aiding or abetting in the same.

(15) Practicing naturopathic medicine under the cover of any diploma, license, record, or registration illegally or fraudulently obtained or secured or issued unlawfully or upon fraudulent representations.

(16) Advertising the practice of naturopathic medicine under a name other than one's own or under an assumed name.

(17) Falsely impersonating another practitioner of a like or different name.

(18) Practicing or advertising the practice of naturopathic medicine or using in connection with one's own name any designation tending to imply or to designate a person as a practitioner of naturopathic medicine without then being lawfully licensed and authorized to practice naturopathic medicine in this State.

(19) Practicing naturopathic medicine under a suspended or revoked license.

Section 100. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license to defray all expenses of processing the application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome.

Section 105. Injunctions; cease and desist orders.

(a) If any person violates any provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State's Attorney of any county in which the action is brought, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) If any person practices as a naturopathic physician or holds himself or herself out as a naturopathic physician without being licensed under the provisions of this Act then any licensed naturopathic physician, any interested party, or any person injured thereby may, in addition to the Secretary, petition for relief as provided in subsection (a) of this Section.

(c) Whenever in the opinion of the Department any person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days after the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.

Section 110. Violation; penalty. Whoever knowingly practices or offers to practice naturopathic medicine in this State without being licensed for that purpose shall be guilty of a Class A misdemeanor.

Section 115. Investigation; notice; hearing. The Department may investigate the actions of any applicant or of any person or persons holding or claiming to hold a license. Before refusing to issue, refusing to renew, or taking any disciplinary action regarding a license, the Department shall, at least 30 days prior to the date set for the hearing, notify in writing the applicant for, or holder of, a license of the nature of any charges and that a hearing will be held on a date designated. The Department shall direct the applicant or licensee to file a written answer with the Committee under oath within 20 days after the service of the notice and inform the applicant or licensee that failure to file an answer shall result in default being taken against the applicant or licensee and that the license may be suspended, revoked, or placed on probationary status, or that other disciplinary action may be taken, including limiting the scope, nature, or extent of practice, as the Secretary may deem proper. Written notice may be served by personal delivery or certified or registered mail to the respondent at the address of his or her last notification to the Department. If the person fails to file an answer after receiving notice, his or her license may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take any disciplinary action deemed proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. At the time and place fixed in the notice, the Committee shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence and argument as may be pertinent to the charges or to their defense. The Committee may continue a hearing from time to time.

Section 120. Formal hearing; preservation of record. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case. The notice of hearing, complaint, and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Committee or hearing officer, and order of the Department shall be the record of the proceeding. The Department shall furnish a transcript of the record to any person interested in the hearing upon payment of the fee required under Section 2105-115 of the Department of Professional Regulation Law (20 ILCS 2105/2105-115).

Section 125. Witnesses; production of documents; contempt.

Any circuit court may, upon application of the Department or its designee or of the applicant or licensee against whom proceedings under Section 95 of this Act are pending, enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.

Section 130. Subpoena; oaths. The Department shall have power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition or both with the same fees and mileage and in the same manner as prescribed in civil cases in circuit courts of this State.

The Secretary, the designated hearing officer, and every member of the Committee has power to administer oaths to witnesses at any hearing that the Department is authorized to conduct and any other oaths authorized in any Act administered by the Department. Any circuit court may, upon application of the Department or its designee or upon application of the person against whom proceedings under this Act are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.

Section 135. Findings of facts, conclusions of law, and recommendations. At the conclusion of the hearing the Committee shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. The Committee shall specify the nature of the violation or failure to comply and shall make its recommendations to the Secretary.

The report of findings of fact, conclusions of law, and recommendations of the Committee shall be the basis for the Department's order. If the Secretary disagrees in any regard with the report of the Committee, the Secretary may issue an order in contravention of the report. The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act, but the hearing and findings are not a bar to a criminal prosecution brought for the violation of this Act.

Section 140. Hearing officer. The Secretary shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action for Departmental refusal to issue, renew, or license an applicant, or disciplinary action against a licensee. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Committee and the Secretary. The Committee shall have 60 calendar days from receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Secretary. If the Committee fails to present its report within the 60 calendar day period, the Secretary may issue an order based on the report of the hearing officer. If the Secretary disagrees with the recommendation of the Committee or hearing officer, he or she may issue an order in contravention of that recommendation.

Section 145. Service of report; rehearing; order. In any case involving the discipline of a license, a copy of the Committee's report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 days after the service, the respondent may present to the Department a motion in writing for a rehearing that shall specify the particular grounds for rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing a motion, or if a motion for rehearing is denied, then upon the denial the Secretary may enter an order in accordance with this Act. If the respondent orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20 calendar day period within which the motion may be filed shall commence upon the delivery of the transcript to the respondent.

Section 150. Substantial justice to be done; rehearing.

Whenever the Secretary is satisfied that substantial justice has not been done in the revocation, suspension, or refusal to issue or renew a license, the Secretary may order a rehearing by the same or another hearing officer or by the Committee.

Section 155. Order or certified copy as prima facie proof.

An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, shall be prima facie proof:

(a) that the signature is the genuine signature of the Secretary;

(b) that such Secretary is duly appointed and qualified;

(c) that the Committee and its members are qualified to act.

Section 160. Restoration of license. At any time after the suspension or revocation of any license the Department may restore the license to the accused person, unless after an investigation and a hearing the Department determines that restoration is not in the public interest.

Section 165. Surrender of license. Upon the revocation or suspension of any license, the licensee shall immediately surrender the license to the Department. If the licensee fails to do so, the Department shall have the right to seize the license.

Section 170. Imminent danger to public; summary suspension. The Secretary may summarily suspend the license of a naturopathic physician without a hearing, simultaneously with the institution of proceedings for a hearing provided for in this Act, if the Secretary finds that evidence in his or her possession indicates that continuation in practice would constitute an imminent danger to the public. In the event that the Secretary summarily suspends a license without a hearing, a hearing by the Department must be held within 30 days after the suspension has occurred.

Section 175. Review under Administrative Review Law. All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3 101 of the Code of Civil Procedure.

Section 180. The Department shall not be required to certify any record to the Court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.

Section 185. Administrative Procedure Act. The Illinois Administrative Procedure Act is expressly adopted and incorporated in this Act as if all of the provisions of that Act were included in this Act, except that the provision of paragraph (d) of Section 10 65 of the Illinois Administrative Procedure Act, which provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license, is specifically excluded. For the purpose of this Act, the notice required under Section 10 25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.

Section 190. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

Section 195. The Illinois Controlled Substances Act is amended by changing Section 102 as follows:

(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)

Sec. 102. Definitions. As used in this Act, unless the context otherwise requires:

(a) "Addict" means any person who habitually uses any drug, chemical, substance or dangerous drug other than alcohol so as to endanger the public morals, health, safety or welfare or who is so far addicted to the use of a dangerous drug or controlled substance other than alcohol as to have lost the power of self control with reference to his addiction.

(b) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient, research subject, or animal (as defined by the Humane Euthanasia in Animal Shelters Act) by:

(1) a practitioner (or, in his presence, by his authorized agent),

(2) the patient or research subject at the lawful direction of the practitioner, or

(3) a euthanasia technician as defined by the Humane Euthanasia in Animal Shelters Act.

(c) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

(c-1) "Anabolic Steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes:

(i) boldenone,

(ii) chlorotestosterone,

(iii) chostebol,

(iv) dehydrochlormethyltestosterone,

(v) dihydrotestosterone,

(vi) drostanolone,

(vii) ethylestrenol,

(viii) fluoxymesterone,

(ix) formebulone,

(x) mesterolone,

(xi) methandienone,

(xii) methandranone,

(xiii) methandriol,

(xiv) methandrostenolone,

(xv) methenolone,

(xvi) methyltestosterone,

(xvii) mibolerone,

(xviii) nandrolone,

(xix) norethandrolone,

(xx) oxandrolone,

(xxi) oxymesterone,

(xxii) oxymetholone,

(xxiii) stanolone,

(xxiv) stanozolol,

(xxv) testolactone,

(xxvi) testosterone,

(xxvii) trenbolone, and

(xxviii) any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth.

Any person who is otherwise lawfully in possession of an anabolic steroid, or who otherwise lawfully manufactures, distributes, dispenses, delivers, or possesses with intent to deliver an anabolic steroid, which anabolic steroid is expressly intended for and lawfully allowed to be administered through implants to livestock or other nonhuman species, and which is approved by the Secretary of Health and Human Services for such administration, and which the person intends to administer or have administered through such implants, shall not be considered to be in unauthorized possession or to unlawfully manufacture, distribute, dispense, deliver, or possess with intent to deliver such anabolic steroid for purposes of this Act.

(d) "Administration" means the Drug Enforcement Administration, United States Department of Justice, or its successor agency.

(e) "Control" means to add a drug or other substance, or immediate precursor, to a Schedule under Article II of this Act whether by transfer from another Schedule or otherwise.

(f) "Controlled Substance" means a drug, substance, or immediate precursor in the Schedules of Article II of this Act.

(g) "Counterfeit substance" means a controlled substance, which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

(h) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of a controlled substance, with or without consideration, whether or not there is an agency relationship.

(i) "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency.

(j) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency.

(k) "Department of Corrections" means the Department of Corrections of the State of Illinois or its successor agency.

(l) "Department of Professional Regulation" means the Department of Professional Regulation of the State of Illinois or its successor agency.

(m) "Depressant" or "stimulant substance" means:

(1) a drug which contains any quantity of (i) barbituric acid or any of the salts of barbituric acid which has been designated as habit forming under section 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352 (d)); or

(2) a drug which contains any quantity of (i) amphetamine or methamphetamine and any of their optical isomers; (ii) any salt of amphetamine or methamphetamine or any salt of an optical isomer of amphetamine; or (iii) any substance which the Department, after investigation, has found to be, and by rule designated as, habit forming because of its depressant or stimulant effect on the central nervous system; or

(3) lysergic acid diethylamide; or

(4) any drug which contains any quantity of a substance which the Department, after investigation, has found to have, and by rule designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect.

(n) (Blank).

(o) "Director" means the Director of the Department of State Police or the Department of Professional Regulation or his designated agents.

(p) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a prescriber, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.

(q) "Dispenser" means a practitioner who dispenses.

(r) "Distribute" means to deliver, other than by administering or dispensing, a controlled substance.

(s) "Distributor" means a person who distributes.

(t) "Drug" means (1) substances recognized as drugs in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) substances intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (3) substances (other than food) intended to affect the structure of any function of the body of man or animals and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. It does not include devices or their components, parts, or accessories.

(t-5) "Euthanasia agency" means an entity certified by the Department of Professional Regulation for the purpose of animal euthanasia that holds an animal control facility license or animal shelter license under the Animal Welfare Act. A euthanasia agency is authorized to purchase, store, possess, and utilize Schedule II nonnarcotic and Schedule III nonnarcotic drugs for the sole purpose of animal euthanasia.

(t-10) "Euthanasia drugs" means Schedule II or Schedule III substances (nonnarcotic controlled substances) that are used by a euthanasia agency for the purpose of animal euthanasia.

(u) "Good faith" means the prescribing or dispensing of a controlled substance by a practitioner in the regular course of professional treatment to or for any person who is under his treatment for a pathology or condition other than that individual's physical or psychological dependence upon or addiction to a controlled substance, except as provided herein: and application of the term to a pharmacist shall mean the dispensing of a controlled substance pursuant to the prescriber's order which in the professional judgment of the pharmacist is lawful. The pharmacist shall be guided by accepted professional standards including, but not limited to the following, in making the judgment:

(1) lack of consistency of doctor-patient relationship,

(2) frequency of prescriptions for same drug by one prescriber for large numbers of patients,

(3) quantities beyond those normally prescribed,

(4) unusual dosages,

(5) unusual geographic distances between patient, pharmacist and prescriber,

(6) consistent prescribing of habit-forming drugs.

(u-1) "Home infusion services" means services provided by a pharmacy in compounding solutions for direct administration to a patient in a private residence, long-term care facility, or hospice setting by means of parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion.

(v) "Immediate precursor" means a substance:

(1) which the Department has found to be and by rule designated as being a principal compound used, or produced primarily for use, in the manufacture of a controlled substance;

(2) which is an immediate chemical intermediary used or likely to be used in the manufacture of such controlled substance; and

(3) the control of which is necessary to prevent, curtail or limit the manufacture of such controlled substance.

(w) "Instructional activities" means the acts of teaching, educating or instructing by practitioners using controlled substances within educational facilities approved by the State Board of Education or its successor agency.

(x) "Local authorities" means a duly organized State, County or Municipal peace unit or police force.

(y) "Look-alike substance" means a substance, other than a controlled substance which (1) by overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe that the substance is a controlled substance, or (2) is expressly or impliedly represented to be a controlled substance or is distributed under circumstances which would lead a reasonable person to believe that the substance is a controlled substance. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be a controlled substance under this clause (2) of subsection (y), the court or other authority may consider the following factors in addition to any other factor that may be relevant:

(a) statements made by the owner or person in control of the substance concerning its nature, use or effect;

(b) statements made to the buyer or recipient that the substance may be resold for profit;

(c) whether the substance is packaged in a manner normally used for the illegal distribution of controlled substances;

(d) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance.

Clause (1) of this subsection (y) shall not apply to a noncontrolled substance in its finished dosage form that was initially introduced into commerce prior to the initial introduction into commerce of a controlled substance in its finished dosage form which it may substantially resemble.

Nothing in this subsection (y) prohibits the dispensing or distributing of noncontrolled substances by persons authorized to dispense and distribute controlled substances under this Act, provided that such action would be deemed to be carried out in good faith under subsection (u) if the substances involved were controlled substances.

Nothing in this subsection (y) or in this Act prohibits the manufacture, preparation, propagation, compounding, processing, packaging, advertising or distribution of a drug or drugs by any person registered pursuant to Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).

(y-1) "Mail-order pharmacy" means a pharmacy that is located in a state of the United States, other than Illinois, that delivers, dispenses or distributes, through the United States Postal Service or other common carrier, to Illinois residents, any substance which requires a prescription.

(z) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance other than methamphetamine, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container, except that this term does not include:

(1) by an ultimate user, the preparation or compounding of a controlled substance for his own use; or

(2) by a practitioner, or his authorized agent under his supervision, the preparation, compounding, packaging, or labeling of a controlled substance:

(a) as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

(b) as an incident to lawful research, teaching or chemical analysis and not for sale.

(z-1) (Blank).

(aa) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;

(2) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), but not including the isoquinoline alkaloids of opium;

(3) opium poppy and poppy straw;

(4) coca leaves and any salts, compound, isomer, salt of an isomer, derivative, or preparation of coca leaves including cocaine or ecgonine, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine (for the purpose of this paragraph, the term "isomer" includes optical, positional and geometric isomers).

(bb) "Nurse" means a registered nurse licensed under the Nursing and Advanced Practice Nursing Act.

(cc) (Blank).

(dd) "Opiate" means any substance having an addiction forming or addiction sustaining liability similar to morphine or being capable of conversion into a drug having addiction forming or addiction sustaining liability.

(ee) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

(ff) "Parole and Pardon Board" means the Parole and Pardon Board of the State of Illinois or its successor agency.

(gg) "Person" means any individual, corporation, mail-order pharmacy, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.

(hh) "Pharmacist" means any person who holds a certificate of registration as a registered pharmacist, a local registered pharmacist or a registered assistant pharmacist under the Pharmacy Practice Act of 1987.

(ii) "Pharmacy" means any store, ship or other place in which pharmacy is authorized to be practiced under the Pharmacy Practice Act of 1987.

(jj) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

(kk) "Practitioner" means a physician licensed to practice medicine in all its branches, dentist, podiatrist, veterinarian, scientific investigator, pharmacist, physician assistant, advanced practice nurse, licensed practical nurse, registered nurse, hospital, laboratory, or pharmacy, or other person licensed, registered, or otherwise lawfully permitted by the United States or this State to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.

(ll) "Pre-printed prescription" means a written prescription upon which the designated drug has been indicated prior to the time of issuance.

(mm) "Prescriber" means a physician licensed to practice medicine in all its branches, dentist, podiatrist or veterinarian who issues a prescription, a physician assistant who issues a prescription for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and the written guidelines required under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice nurse with prescriptive authority in accordance with Section 303.05 and a written collaborative agreement under Sections 15-15 and 15-20 of the Nursing and Advanced Practice Nursing Act, or a naturopathic physician who issues a prescription for a controlled substance in accordance with the naturopathic formulary established under Section 45 of the Naturopathic Medical Practice Act.

(nn) "Prescription" means a lawful written, facsimile, or verbal order of a physician licensed to practice medicine in all its branches, dentist, podiatrist or veterinarian for any controlled substance, of a physician assistant for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and the written guidelines required under Section 7.5 of the Physician Assistant Practice Act of 1987, or of an advanced practice nurse who issues a prescription for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and a written collaborative agreement under Sections 15-15 and 15-20 of the Nursing and Advanced Practice Nursing Act.

(oo) "Production" or "produce" means manufacture, planting, cultivating, growing, or harvesting of a controlled substance other than methamphetamine.

(pp) "Registrant" means every person who is required to register under Section 302 of this Act.

(qq) "Registry number" means the number assigned to each person authorized to handle controlled substances under the laws of the United States and of this State.

(rr) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.

(ss) "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household.

(Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; 94-556, eff. 9-11-05.)