Full Text of HB3074 98th General Assembly
HB3074 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3074 Introduced , by Rep. John E. Bradley 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 15/4.7 new | | 720 ILCS 570/102 | from Ch. 56 1/2, par. 1102 |
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Amends the Clinical Psychologist Licensing Act. Provides that the Clinical Psychologists Licensing
and
Disciplinary
Board shall grant certification as prescribing psychologists to doctoral level psychologists licensed under the Act. Provides application requirements for certification as a prescribing psychologist. Provides that the Board shall establish a method for the renewal every 2 years of prescribing psychologist certificates. Provides procedures for safety and record keeping. Provides that when a psychologist is authorized to prescribe controlled substances, a prescribing psychologist shall file, in a timely manner, any individual Drug Enforcement Agency registrations and identification numbers with the Board. Requires certain communication between the Board and the State Board of Pharmacy. Provides requirements for licensure by endorsement. Defines related terms. Amends the Illinois Controlled Substances Act. Includes prescribing psychologist in the definition of "prescriber".
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 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 Section 2 and by adding Sections 4.1, 4.2, | 6 | | 4.3, 4.4, 4.5, 4.6, and 4.7 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| 8 | | (Section scheduled to be repealed on January 1, 2017)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. |
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| 1 | | (9) "Medicines" has the meaning given to that term in | 2 | | the Pharmacy Practice Act. | 3 | | (10) "Prescription" means an order for a drug, | 4 | | laboratory test, or any medicines, including controlled | 5 | | substances as defined the Illinois Controlled Substances | 6 | | Act, devices, or treatments. | 7 | | (11) "Prescriptive authority" means the authority to | 8 | | prescribe and dispense drugs, medicines, or other | 9 | | treatment procedures. | 10 | | (12) "Prescribing psychologist" means a licensed, | 11 | | doctoral level psychologist who has undergone specialized | 12 | | training, has passed an examination accepted by the Board, | 13 | | and has received a current certificate granting | 14 | | prescriptive authority that has not been revoked or | 15 | | suspended from the Board. | 16 | | This Act shall not apply to persons lawfully carrying on | 17 | | their particular
profession or business under any valid | 18 | | existing regulatory Act of the State.
| 19 | | (Source: P.A. 94-870, eff. 6-16-06.)
| 20 | | (225 ILCS 15/4.1 new) | 21 | | Sec. 4.1. Prescribing psychologist certification; | 22 | | prescriptive authority. The Board shall grant certification as | 23 | | prescribing psychologists to doctoral level psychologists | 24 | | licensed under this Act. The certification shall grant | 25 | | prescribing psychologists prescriptive authority to prescribe |
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| 1 | | and dispense those drugs used in the treatment of mental, | 2 | | emotional, and psychological disorders in accordance with | 3 | | applicable State and federal laws. The Board shall develop and | 4 | | implement procedures and criteria for reviewing educational | 5 | | and training credentials for the certification process and the | 6 | | extent of prescriptive authority, in accordance with current | 7 | | standards of professional practice. | 8 | | (225 ILCS 15/4.2 new) | 9 | | Sec. 4.2. Prescribing psychologist certification | 10 | | application requirements. | 11 | | (a) The Department shall grant prescribing psychologists | 12 | | certification to a psychologist who applies for certification | 13 | | and demonstrates by official transcript or other official | 14 | | evidence satisfactory to the Board: | 15 | | (1) completion of a doctoral program in psychology from | 16 | | a regionally accredited university or professional school | 17 | | or, if the program is not accredited at the time of | 18 | | graduation, completion of a doctoral program in psychology | 19 | | that meets recognized acceptable professional standards as | 20 | | determined by the Board; | 21 | | (2) possession of a current and valid license to | 22 | | practice psychology in the State; | 23 | | (3) graduation with a master's degree in clinical | 24 | | psychopharmacology from a regionally accredited | 25 | | institution, the curriculum of which shall include |
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| 1 | | instruction in anatomy and physiology, biochemistry, | 2 | | neurosciences, pharmacology, psychopharmacology, clinical | 3 | | medicine, pathophysiology, and physical and laboratory | 4 | | assessment. | 5 | | (4) within the 5 years immediately preceding the date | 6 | | of application, certification by the applicant's | 7 | | supervising psychiatrist or physician as having | 8 | | successfully completed a supervised and relevant clinical | 9 | | experience approved by the Board of no less than an 80-hour | 10 | | practicum in clinical assessment and pathophysiology and | 11 | | an additional supervised practicum of at least 400 hours | 12 | | treating no fewer than 100 patients with mental disorders; | 13 | | both practica shall be supervised by an appropriately | 14 | | trained physician or a prescribing psychologist determined | 15 | | by the Board competent to train the applicant in the | 16 | | treatment of a diverse patient population; a portion of the | 17 | | clinical experience shall occur in one or more of the | 18 | | following settings: | 19 | | (A) correctional facilities; | 20 | | (B) federally qualified health centers, as defined | 21 | | in the Social Security Act (42 U.S.C. 1396d); or | 22 | | (C) community service agencies serving the | 23 | | seriously mentally ill; | 24 | | (D) local, State, or federal facilities; and | 25 | | (5) successful completion of a National certifying | 26 | | exam. |
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| 1 | | (225 ILCS 15/4.3 new) | 2 | | Sec. 4.3. Renewal of prescribing psychologist | 3 | | certification. | 4 | | (a) The Board shall establish, by rule, a method for the | 5 | | renewal every 2 years of prescribing psychologist certificates | 6 | | at the time of, or in conjunction with, the renewal of clinical | 7 | | psychology licenses. | 8 | | (b) Each applicant for renewal of prescribing psychologist | 9 | | certification shall present satisfactory evidence to the Board | 10 | | demonstrating the completion of 24 required hours of | 11 | | instruction relevant to prescriptive authority during the 24 | 12 | | months prior to application for renewal. A minimum of 20% of a | 13 | | prescribing psychologist's required hours of instruction shall | 14 | | be provided by the Illinois Psychological Association. | 15 | | (225 ILCS 15/4.4 new) | 16 | | Sec. 4.4. Prescribing practices. | 17 | | (a) Every prescription by a prescribing psychologist shall | 18 | | (1) comply with all applicable State and federal laws, (2) be | 19 | | identified as issued by the psychologist as a prescribing | 20 | | psychologist, and (3) include the prescribing psychologist's | 21 | | identification number, as assigned by the Board. | 22 | | (b) Records of all prescriptions shall be maintained in | 23 | | patient records. | 24 | | (c) A prescribing psychologist shall not delegate the |
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| 1 | | prescriptive authority to any other person. | 2 | | (d) A prescribing psychologist shall maintain an ongoing | 3 | | collaborative relationship with the physician, attending | 4 | | physician, or referring physician who oversees the patient's | 5 | | general medical care to ensure that (1) all necessary medical | 6 | | examinations are conducted, (2) all medical and psychological | 7 | | issues are communicated, (3) no prescribed medications are | 8 | | contraindicated, and (4) all significant changes in the | 9 | | patient's medical or psychological condition are communicated. | 10 | | For the purposes of this Section, "collaborative relationship" | 11 | | means a cooperative working relationship between a prescribing | 12 | | psychologist and a physician, attending physician, or | 13 | | referring physician in the provision of patient care, including | 14 | | diagnosis and cooperation in the management and delivery of | 15 | | physical and mental health care. | 16 | | (e) A prescribing psychologist shall undertake the | 17 | | following measures to ensure patient safety: | 18 | | (1) collect a medical and family history; | 19 | | (2) conduct a mental status examination and mental | 20 | | health differential diagnosis; | 21 | | (3) collect information on risk factors related to the | 22 | | diagnostic condition; | 23 | | (4) collect information on food and drug allergies; | 24 | | (5) collect information on patient medications; | 25 | | (6) provide patient education on prescriptions, | 26 | | including dosing requirements and instructions, expected |
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| 1 | | benefits, and potential side effects; | 2 | | (7) record any adverse effects from prescriptions; | 3 | | (8) maintain progress notes, including a follow-up | 4 | | plan, discharge plan, and other plans as needed; and | 5 | | (9) document communication with the patient's | 6 | | physician, attending physician, or referring physician. | 7 | | (f) A prescribing psychologist shall, when prescribing | 8 | | medication or modifying a prescription, communicate within 24 | 9 | | hours to the patient's physician, attending physician, or | 10 | | referring physician via phone, fax, or other electronic | 11 | | communication the following: | 12 | | (1) date, time, and duration of the appointment; | 13 | | (2) patient's name and date of birth; | 14 | | (3) patient's height, weight, blood pressure, heart | 15 | | rate, and pulse; | 16 | | (4) key safety issues; | 17 | | (5) all drugs currently prescribed to patient; and | 18 | | (6) all drugs prescribed, dosages, and reason for | 19 | | prescribing. | 20 | | (g) The prescribing psychologist shall be responsible for | 21 | | memorializing all communications with patient's physician, | 22 | | attending physician, or referring physician. | 23 | | (225 ILCS 15/4.5 new) | 24 | | Sec. 4.5. Controlled substance prescriptive authority. | 25 | | (a) When authorized to prescribe controlled substances, a |
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| 1 | | prescribing psychologist shall file, in a timely manner, any | 2 | | individual Drug Enforcement Agency registrations and | 3 | | identification numbers with the Board. | 4 | | (b) The Board shall maintain current records of every | 5 | | prescribing psychologist, including Drug Enforcement Agency | 6 | | registration and identification numbers. | 7 | | (225 ILCS 15/4.6 new) | 8 | | Sec. 4.6. State Board of Pharmacy interaction. | 9 | | (a) The Board shall transmit to the State Board of Pharmacy | 10 | | an annual list of prescribing psychologists containing the | 11 | | following information: | 12 | | (1) the name of the prescribing psychologist; | 13 | | (2) the prescribing psychologist's identification | 14 | | number assigned by the Board; and | 15 | | (3) the effective dates of the prescribing | 16 | | psychologist's certification. | 17 | | (b) The Board shall promptly forward to the Board of | 18 | | Pharmacy the names and titles of psychologists added to or | 19 | | deleted from the annual list of prescribing psychologists. | 20 | | (c) The Board shall notify the State Board of Pharmacy, in | 21 | | a timely manner, upon termination, suspension, or | 22 | | reinstatement of a psychologist's certification as a | 23 | | prescribing psychologist. | 24 | | (225 ILCS 15/4.7 new) |
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| 1 | | Sec. 4.7. Endorsement. | 2 | | (a) Individuals who are already licensed as medical or | 3 | | prescribing psychologists in another state may apply for an | 4 | | Illinois license by endorsement from that state, or acceptance | 5 | | of that state's examination. Applicants from other states may | 6 | | not be required to pass an examination in Illinois if they meet | 7 | | requirements set forth in this Act and its rules, such as proof | 8 | | of education, testing, and experience. The Board shall not | 9 | | issue a license until it has received and approved all | 10 | | documentation. | 11 | | (b) Individuals who graduated from the Department of | 12 | | Defense Psychopharmacology Demonstration Project may apply for | 13 | | an Illinois license by endorsement. Applicants from the | 14 | | Department of Defense Psychopharmacology Demonstration Project | 15 | | may not be required to pass an examination in Illinois if they | 16 | | meet requirements set forth in this Act and its rules, such as | 17 | | proof of education, testing, and experience. The Board shall | 18 | | not issue a license until it has received and approved all | 19 | | documentation.
| 20 | | Section 10. The Illinois Controlled Substances Act is | 21 | | amended by changing Section 102 as follows: | 22 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 23 | | Sec. 102. Definitions. As used in this Act, unless the | 24 | | context
otherwise requires:
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| 1 | | (a) "Addict" means any person who habitually uses any drug, | 2 | | chemical,
substance or dangerous drug other than alcohol so as | 3 | | to endanger the public
morals, health, safety or welfare or who | 4 | | is so far addicted to the use of a
dangerous drug or controlled | 5 | | substance other than alcohol as to have lost
the power of self | 6 | | control with reference to his or her addiction.
| 7 | | (b) "Administer" means the direct application of a | 8 | | controlled
substance, whether by injection, inhalation, | 9 | | ingestion, or any other
means, to the body of a patient, | 10 | | research subject, or animal (as
defined by the Humane | 11 | | Euthanasia in Animal Shelters Act) by:
| 12 | | (1) a practitioner (or, in his or her presence, by his | 13 | | or her authorized agent),
| 14 | | (2) the patient or research subject pursuant to an | 15 | | order, or
| 16 | | (3) a euthanasia technician as defined by the Humane | 17 | | Euthanasia in
Animal Shelters Act.
| 18 | | (c) "Agent" means an authorized person who acts on behalf | 19 | | of or at
the direction of a manufacturer, distributor, | 20 | | dispenser, prescriber, or practitioner. It does not
include a | 21 | | common or contract carrier, public warehouseman or employee of
| 22 | | the carrier or warehouseman.
| 23 | | (c-1) "Anabolic Steroids" means any drug or hormonal | 24 | | substance,
chemically and pharmacologically related to | 25 | | testosterone (other than
estrogens, progestins, | 26 | | corticosteroids, and dehydroepiandrosterone),
and includes:
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| 1 | | (i) 3[beta],17-dihydroxy-5a-androstane, | 2 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | 3 | | (iii) 5[alpha]-androstan-3,17-dione, | 4 | | (iv) 1-androstenediol (3[beta], | 5 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 6 | | (v) 1-androstenediol (3[alpha], | 7 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 8 | | (vi) 4-androstenediol | 9 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), | 10 | | (vii) 5-androstenediol | 11 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), | 12 | | (viii) 1-androstenedione | 13 | | ([5alpha]-androst-1-en-3,17-dione), | 14 | | (ix) 4-androstenedione | 15 | | (androst-4-en-3,17-dione), | 16 | | (x) 5-androstenedione | 17 | | (androst-5-en-3,17-dione), | 18 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | 19 | | hydroxyandrost-4-en-3-one), | 20 | | (xii) boldenone (17[beta]-hydroxyandrost- | 21 | | 1,4,-diene-3-one), | 22 | | (xiii) boldione (androsta-1,4- | 23 | | diene-3,17-dione), | 24 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | 25 | | [beta]-hydroxyandrost-4-en-3-one), | 26 | | (xv) clostebol (4-chloro-17[beta]- |
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| 1 | | hydroxyandrost-4-en-3-one), | 2 | | (xvi) dehydrochloromethyltestosterone (4-chloro- | 3 | | 17[beta]-hydroxy-17[alpha]-methyl- | 4 | | androst-1,4-dien-3-one), | 5 | | (xvii) desoxymethyltestosterone | 6 | | (17[alpha]-methyl-5[alpha] | 7 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), | 8 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. | 9 | | '1-testosterone') (17[beta]-hydroxy- | 10 | | 5[alpha]-androst-1-en-3-one), | 11 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | 12 | | androstan-3-one), | 13 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | 14 | | 5[alpha]-androstan-3-one), | 15 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | 16 | | hydroxyestr-4-ene), | 17 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | 18 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | 19 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | 20 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | 21 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | 22 | | hydroxyandrostano[2,3-c]-furazan), | 23 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | 24 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | 25 | | androst-4-en-3-one), | 26 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- |
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| 1 | | dihydroxy-estr-4-en-3-one), | 2 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | 3 | | hydroxy-5-androstan-3-one), | 4 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | 5 | | [5a]-androstan-3-one), | 6 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- | 7 | | hydroxyandrost-1,4-dien-3-one), | 8 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | 9 | | dihydroxyandrost-5-ene), | 10 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | 11 | | 5[alpha]-androst-1-en-3-one), | 12 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | 13 | | dihydroxy-5a-androstane), | 14 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | 15 | | -5a-androstane), | 16 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | 17 | | dihydroxyandrost-4-ene), | 18 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | 19 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | 20 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | 21 | | hydroxyestra-4,9(10)-dien-3-one), | 22 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | 23 | | hydroxyestra-4,9-11-trien-3-one), | 24 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | 25 | | hydroxyandrost-4-en-3-one), | 26 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- |
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| 1 | | hydroxyestr-4-en-3-one), | 2 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | 3 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | 4 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | 5 | | 1-testosterone'), | 6 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | 7 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | 8 | | dihydroxyestr-4-ene), | 9 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | 10 | | dihydroxyestr-4-ene), | 11 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | 12 | | dihydroxyestr-5-ene), | 13 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | 14 | | dihydroxyestr-5-ene), | 15 | | (xlvii) 19-nor-4,9(10)-androstadienedione | 16 | | (estra-4,9(10)-diene-3,17-dione), | 17 | | (xlviii) 19-nor-4-androstenedione (estr-4- | 18 | | en-3,17-dione), | 19 | | (xlix) 19-nor-5-androstenedione (estr-5- | 20 | | en-3,17-dione), | 21 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | 22 | | hydroxygon-4-en-3-one), | 23 | | (li) norclostebol (4-chloro-17[beta]- | 24 | | hydroxyestr-4-en-3-one), | 25 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | 26 | | hydroxyestr-4-en-3-one), |
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| 1 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | 2 | | hydroxyestr-4-en-3-one), | 3 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | 4 | | 2-oxa-5[alpha]-androstan-3-one), | 5 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | 6 | | dihydroxyandrost-4-en-3-one), | 7 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | 8 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | 9 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | 10 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | 11 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | 12 | | (5[alpha]-androst-1-en-3-one), | 13 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- | 14 | | secoandrosta-1,4-dien-17-oic | 15 | | acid lactone), | 16 | | (lx) testosterone (17[beta]-hydroxyandrost- | 17 | | 4-en-3-one), | 18 | | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | 19 | | diethyl-17[beta]-hydroxygon- | 20 | | 4,9,11-trien-3-one), | 21 | | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | 22 | | 11-trien-3-one).
| 23 | | Any person who is otherwise lawfully in possession of an | 24 | | anabolic
steroid, or who otherwise lawfully manufactures, | 25 | | distributes, dispenses,
delivers, or possesses with intent to | 26 | | deliver an anabolic steroid, which
anabolic steroid is |
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| 1 | | expressly intended for and lawfully allowed to be
administered | 2 | | through implants to livestock or other nonhuman species, and
| 3 | | which is approved by the Secretary of Health and Human Services | 4 | | for such
administration, and which the person intends to | 5 | | administer or have
administered through such implants, shall | 6 | | not be considered to be in
unauthorized possession or to | 7 | | unlawfully manufacture, distribute, dispense,
deliver, or | 8 | | possess with intent to deliver such anabolic steroid for
| 9 | | purposes of this Act.
| 10 | | (d) "Administration" means the Drug Enforcement | 11 | | Administration,
United States Department of Justice, or its | 12 | | successor agency.
| 13 | | (d-5) "Clinical Director, Prescription Monitoring Program" | 14 | | means a Department of Human Services administrative employee | 15 | | licensed to either prescribe or dispense controlled substances | 16 | | who shall run the clinical aspects of the Department of Human | 17 | | Services Prescription Monitoring Program and its Prescription | 18 | | Information Library. | 19 | | (d-10) "Compounding" means the preparation and mixing of | 20 | | components, excluding flavorings, (1) as the result of a | 21 | | prescriber's prescription drug order or initiative based on the | 22 | | prescriber-patient-pharmacist relationship in the course of | 23 | | professional practice or (2) for the purpose of, or incident | 24 | | to, research, teaching, or chemical analysis and not for sale | 25 | | or dispensing. "Compounding" includes the preparation of drugs | 26 | | or devices in anticipation of receiving prescription drug |
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| 1 | | orders based on routine, regularly observed dispensing | 2 | | patterns. Commercially available products may be compounded | 3 | | for dispensing to individual patients only if both of the | 4 | | following conditions are met: (i) the commercial product is not | 5 | | reasonably available from normal distribution channels in a | 6 | | timely manner to meet the patient's needs and (ii) the | 7 | | prescribing practitioner has requested that the drug be | 8 | | compounded. | 9 | | (e) "Control" means to add a drug or other substance, or | 10 | | immediate
precursor, to a Schedule whether by
transfer from | 11 | | another Schedule or otherwise.
| 12 | | (f) "Controlled Substance" means (i) a drug, substance, or | 13 | | immediate
precursor in the Schedules of Article II of this Act | 14 | | or (ii) a drug or other substance, or immediate precursor, | 15 | | designated as a controlled substance by the Department through | 16 | | administrative rule. The term does not include distilled | 17 | | spirits, wine, malt beverages, or tobacco, as those terms are
| 18 | | defined or used in the Liquor Control Act and the Tobacco | 19 | | Products Tax
Act.
| 20 | | (f-5) "Controlled substance analog" means a substance: | 21 | | (1) the chemical structure of which is substantially | 22 | | similar to the chemical structure of a controlled substance | 23 | | in Schedule I or II; | 24 | | (2) which has a stimulant, depressant, or | 25 | | hallucinogenic effect on the central nervous system that is | 26 | | substantially similar to or greater than the stimulant, |
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| 1 | | depressant, or hallucinogenic effect on the central | 2 | | nervous system of a controlled substance in Schedule I or | 3 | | II; or | 4 | | (3) with respect to a particular person, which such | 5 | | person represents or intends to have a stimulant, | 6 | | depressant, or hallucinogenic effect on the central | 7 | | nervous system that is substantially similar to or greater | 8 | | than the stimulant, depressant, or hallucinogenic effect | 9 | | on the central nervous system of a controlled substance in | 10 | | Schedule I or II. | 11 | | (g) "Counterfeit substance" means a controlled substance, | 12 | | which, or
the container or labeling of which, without | 13 | | authorization bears the
trademark, trade name, or other | 14 | | identifying mark, imprint, number or
device, or any likeness | 15 | | thereof, of a manufacturer, distributor, or
dispenser other | 16 | | than the person who in fact manufactured, distributed,
or | 17 | | dispensed the substance.
| 18 | | (h) "Deliver" or "delivery" means the actual, constructive | 19 | | or
attempted transfer of possession of a controlled substance, | 20 | | with or
without consideration, whether or not there is an | 21 | | agency relationship.
| 22 | | (i) "Department" means the Illinois Department of Human | 23 | | Services (as
successor to the Department of Alcoholism and | 24 | | Substance Abuse) or its successor agency.
| 25 | | (j) (Blank).
| 26 | | (k) "Department of Corrections" means the Department of |
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| 1 | | Corrections
of the State of Illinois or its successor agency.
| 2 | | (l) "Department of Financial and Professional Regulation" | 3 | | means the Department
of Financial and Professional Regulation | 4 | | of the State of Illinois or its successor agency.
| 5 | | (m) "Depressant" means any drug that (i) causes an overall | 6 | | depression of central nervous system functions, (ii) causes | 7 | | impaired consciousness and awareness, and (iii) can be | 8 | | habit-forming or lead to a substance abuse problem, including | 9 | | but not limited to alcohol, cannabis and its active principles | 10 | | and their analogs, benzodiazepines and their analogs, | 11 | | barbiturates and their analogs, opioids (natural and | 12 | | synthetic) and their analogs, and chloral hydrate and similar | 13 | | sedative hypnotics.
| 14 | | (n) (Blank).
| 15 | | (o) "Director" means the Director of the Illinois State | 16 | | Police or his or her designated agents.
| 17 | | (p) "Dispense" means to deliver a controlled substance to | 18 | | an
ultimate user or research subject by or pursuant to the | 19 | | lawful order of
a prescriber, including the prescribing, | 20 | | administering, packaging,
labeling, or compounding necessary | 21 | | to prepare the substance for that
delivery.
| 22 | | (q) "Dispenser" means a practitioner who dispenses.
| 23 | | (r) "Distribute" means to deliver, other than by | 24 | | administering or
dispensing, a controlled substance.
| 25 | | (s) "Distributor" means a person who distributes.
| 26 | | (t) "Drug" means (1) substances recognized as drugs in the |
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| 1 | | official
United States Pharmacopoeia, Official Homeopathic | 2 | | Pharmacopoeia of the
United States, or official National | 3 | | Formulary, or any supplement to any
of them; (2) substances | 4 | | intended for use in diagnosis, cure, mitigation,
treatment, or | 5 | | prevention of disease in man or animals; (3) substances
(other | 6 | | than food) intended to affect the structure of any function of
| 7 | | the body of man or animals and (4) substances intended for use | 8 | | as a
component of any article specified in clause (1), (2), or | 9 | | (3) of this
subsection. It does not include devices or their | 10 | | components, parts, or
accessories.
| 11 | | (t-5) "Euthanasia agency" means
an entity certified by the | 12 | | Department of Financial and Professional Regulation for the
| 13 | | purpose of animal euthanasia that holds an animal control | 14 | | facility license or
animal
shelter license under the Animal | 15 | | Welfare Act. A euthanasia agency is
authorized to purchase, | 16 | | store, possess, and utilize Schedule II nonnarcotic and
| 17 | | Schedule III nonnarcotic drugs for the sole purpose of animal | 18 | | euthanasia.
| 19 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 20 | | substances
(nonnarcotic controlled substances) that are used | 21 | | by a euthanasia agency for
the purpose of animal euthanasia.
| 22 | | (u) "Good faith" means the prescribing or dispensing of a | 23 | | controlled
substance by a practitioner in the regular course of | 24 | | professional
treatment to or for any person who is under his or | 25 | | her treatment for a
pathology or condition other than that | 26 | | individual's physical or
psychological dependence upon or |
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| 1 | | addiction to a controlled substance,
except as provided herein: | 2 | | and application of the term to a pharmacist
shall mean the | 3 | | dispensing of a controlled substance pursuant to the
| 4 | | prescriber's order which in the professional judgment of the | 5 | | pharmacist
is lawful. The pharmacist shall be guided by | 6 | | accepted professional
standards including, but not limited to | 7 | | the following, in making the
judgment:
| 8 | | (1) lack of consistency of prescriber-patient | 9 | | relationship,
| 10 | | (2) frequency of prescriptions for same drug by one | 11 | | prescriber for
large numbers of patients,
| 12 | | (3) quantities beyond those normally prescribed,
| 13 | | (4) unusual dosages (recognizing that there may be | 14 | | clinical circumstances where more or less than the usual | 15 | | dose may be used legitimately),
| 16 | | (5) unusual geographic distances between patient, | 17 | | pharmacist and
prescriber,
| 18 | | (6) consistent prescribing of habit-forming drugs.
| 19 | | (u-0.5) "Hallucinogen" means a drug that causes markedly | 20 | | altered sensory perception leading to hallucinations of any | 21 | | type. | 22 | | (u-1) "Home infusion services" means services provided by a | 23 | | pharmacy in
compounding solutions for direct administration to | 24 | | a patient in a private
residence, long-term care facility, or | 25 | | hospice setting by means of parenteral,
intravenous, | 26 | | intramuscular, subcutaneous, or intraspinal infusion.
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| 1 | | (u-5) "Illinois State Police" means the State
Police of the | 2 | | State of Illinois, or its successor agency. | 3 | | (v) "Immediate precursor" means a substance:
| 4 | | (1) which the Department has found to be and by rule | 5 | | designated as
being a principal compound used, or produced | 6 | | primarily for use, in the
manufacture of a controlled | 7 | | substance;
| 8 | | (2) which is an immediate chemical intermediary used or | 9 | | likely to
be used in the manufacture of such controlled | 10 | | substance; and
| 11 | | (3) the control of which is necessary to prevent, | 12 | | curtail or limit
the manufacture of such controlled | 13 | | substance.
| 14 | | (w) "Instructional activities" means the acts of teaching, | 15 | | educating
or instructing by practitioners using controlled | 16 | | substances within
educational facilities approved by the State | 17 | | Board of Education or
its successor agency.
| 18 | | (x) "Local authorities" means a duly organized State, | 19 | | County or
Municipal peace unit or police force.
| 20 | | (y) "Look-alike substance" means a substance, other than a | 21 | | controlled
substance which (1) by overall dosage unit | 22 | | appearance, including shape,
color, size, markings or lack | 23 | | thereof, taste, consistency, or any other
identifying physical | 24 | | characteristic of the substance, would lead a reasonable
person | 25 | | to believe that the substance is a controlled substance, or (2) | 26 | | is
expressly or impliedly represented to be a controlled |
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| 1 | | substance or is
distributed under circumstances which would | 2 | | lead a reasonable person to
believe that the substance is a | 3 | | controlled substance. For the purpose of
determining whether | 4 | | the representations made or the circumstances of the
| 5 | | distribution would lead a reasonable person to believe the | 6 | | substance to be
a controlled substance under this clause (2) of | 7 | | subsection (y), the court or
other authority may consider the | 8 | | following factors in addition to any other
factor that may be | 9 | | relevant:
| 10 | | (a) statements made by the owner or person in control | 11 | | of the substance
concerning its nature, use or effect;
| 12 | | (b) statements made to the buyer or recipient that the | 13 | | substance may
be resold for profit;
| 14 | | (c) whether the substance is packaged in a manner | 15 | | normally used for the
illegal distribution of controlled | 16 | | substances;
| 17 | | (d) whether the distribution or attempted distribution | 18 | | included an
exchange of or demand for money or other | 19 | | property as consideration, and
whether the amount of the | 20 | | consideration was substantially greater than the
| 21 | | reasonable retail market value of the substance.
| 22 | | Clause (1) of this subsection (y) shall not apply to a | 23 | | noncontrolled
substance in its finished dosage form that was | 24 | | initially introduced into
commerce prior to the initial | 25 | | introduction into commerce of a controlled
substance in its | 26 | | finished dosage form which it may substantially resemble.
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| 1 | | Nothing in this subsection (y) prohibits the dispensing or | 2 | | distributing
of noncontrolled substances by persons authorized | 3 | | to dispense and
distribute controlled substances under this | 4 | | Act, provided that such action
would be deemed to be carried | 5 | | out in good faith under subsection (u) if the
substances | 6 | | involved were controlled substances.
| 7 | | Nothing in this subsection (y) or in this Act prohibits the | 8 | | manufacture,
preparation, propagation, compounding, | 9 | | processing, packaging, advertising
or distribution of a drug or | 10 | | drugs by any person registered pursuant to
Section 510 of the | 11 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 12 | | (y-1) "Mail-order pharmacy" means a pharmacy that is | 13 | | located in a state
of the United States that delivers, | 14 | | dispenses or
distributes, through the United States Postal | 15 | | Service or other common
carrier, to Illinois residents, any | 16 | | substance which requires a prescription.
| 17 | | (z) "Manufacture" means the production, preparation, | 18 | | propagation,
compounding, conversion or processing of a | 19 | | controlled substance other than methamphetamine, either
| 20 | | directly or indirectly, by extraction from substances of | 21 | | natural origin,
or independently by means of chemical | 22 | | synthesis, or by a combination of
extraction and chemical | 23 | | synthesis, and includes any packaging or
repackaging of the | 24 | | substance or labeling of its container, except that
this term | 25 | | does not include:
| 26 | | (1) by an ultimate user, the preparation or compounding |
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| 1 | | of a
controlled substance for his or her own use; or
| 2 | | (2) by a practitioner, or his or her authorized agent | 3 | | under his or her
supervision, the preparation, | 4 | | compounding, packaging, or labeling of a
controlled | 5 | | substance:
| 6 | | (a) as an incident to his or her administering or | 7 | | dispensing of a
controlled substance in the course of | 8 | | his or her professional practice; or
| 9 | | (b) as an incident to lawful research, teaching or | 10 | | chemical
analysis and not for sale.
| 11 | | (z-1) (Blank).
| 12 | | (z-5) "Medication shopping" means the conduct prohibited | 13 | | under subsection (a) of Section 314.5 of this Act. | 14 | | (z-10) "Mid-level practitioner" means (i) a physician | 15 | | assistant who has been delegated authority to prescribe through | 16 | | a written delegation of authority by a physician licensed to | 17 | | practice medicine in all of its branches, in accordance with | 18 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 19 | | (ii) an advanced practice nurse who has been delegated | 20 | | authority to prescribe through a written delegation of | 21 | | authority by a physician licensed to practice medicine in all | 22 | | of its branches or by a podiatrist, in accordance with Section | 23 | | 65-40 of the Nurse Practice Act, or (iii) an animal euthanasia | 24 | | agency. | 25 | | (aa) "Narcotic drug" means any of the following, whether | 26 | | produced
directly or indirectly by extraction from substances |
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| 1 | | of vegetable origin,
or independently by means of chemical | 2 | | synthesis, or by a combination of
extraction and chemical | 3 | | synthesis:
| 4 | | (1) opium, opiates, derivatives of opium and opiates, | 5 | | including their isomers, esters, ethers, salts, and salts | 6 | | of isomers, esters, and ethers, whenever the existence of | 7 | | such isomers, esters, ethers, and salts is possible within | 8 | | the specific chemical designation; however the term | 9 | | "narcotic drug" does not include the isoquinoline | 10 | | alkaloids of opium;
| 11 | | (2) (blank);
| 12 | | (3) opium poppy and poppy straw;
| 13 | | (4) coca leaves, except coca leaves and extracts of | 14 | | coca leaves from which substantially all of the cocaine and | 15 | | ecgonine, and their isomers, derivatives and salts, have | 16 | | been removed;
| 17 | | (5) cocaine, its salts, optical and geometric isomers, | 18 | | and salts of isomers; | 19 | | (6) ecgonine, its derivatives, their salts, isomers, | 20 | | and salts of isomers; | 21 | | (7) any compound, mixture, or preparation which | 22 | | contains any quantity of any of the substances referred to | 23 | | in subparagraphs (1) through (6). | 24 | | (bb) "Nurse" means a registered nurse licensed under the
| 25 | | Nurse Practice Act.
| 26 | | (cc) (Blank).
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| 1 | | (dd) "Opiate" means any substance having an addiction | 2 | | forming or
addiction sustaining liability similar to morphine | 3 | | or being capable of
conversion into a drug having addiction | 4 | | forming or addiction sustaining
liability.
| 5 | | (ee) "Opium poppy" means the plant of the species Papaver
| 6 | | somniferum L., except its seeds.
| 7 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | 8 | | solution or other liquid form of medication intended for | 9 | | administration by mouth, but the term does not include a form | 10 | | of medication intended for buccal, sublingual, or transmucosal | 11 | | administration. | 12 | | (ff) "Parole and Pardon Board" means the Parole and Pardon | 13 | | Board of
the State of Illinois or its successor agency.
| 14 | | (gg) "Person" means any individual, corporation, | 15 | | mail-order pharmacy,
government or governmental subdivision or | 16 | | agency, business trust, estate,
trust, partnership or | 17 | | association, or any other entity.
| 18 | | (hh) "Pharmacist" means any person who holds a license or | 19 | | certificate of
registration as a registered pharmacist, a local | 20 | | registered pharmacist
or a registered assistant pharmacist | 21 | | under the Pharmacy Practice Act.
| 22 | | (ii) "Pharmacy" means any store, ship or other place in | 23 | | which
pharmacy is authorized to be practiced under the Pharmacy | 24 | | Practice Act.
| 25 | | (ii-5) "Pharmacy shopping" means the conduct prohibited | 26 | | under subsection (b) of Section 314.5 of this Act. |
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| 1 | | (ii-10) "Physician" (except when the context otherwise | 2 | | requires) means a person licensed to practice medicine in all | 3 | | of its branches. | 4 | | (jj) "Poppy straw" means all parts, except the seeds, of | 5 | | the opium
poppy, after mowing.
| 6 | | (kk) "Practitioner" means a physician licensed to practice | 7 | | medicine in all
its branches, dentist, optometrist, | 8 | | podiatrist,
veterinarian, scientific investigator, pharmacist, | 9 | | physician assistant,
advanced practice nurse,
licensed | 10 | | practical
nurse, registered nurse, hospital, laboratory, or | 11 | | pharmacy, or other
person licensed, registered, or otherwise | 12 | | lawfully permitted by the
United States or this State to | 13 | | distribute, dispense, conduct research
with respect to, | 14 | | administer or use in teaching or chemical analysis, a
| 15 | | controlled substance in the course of professional practice or | 16 | | research.
| 17 | | (ll) "Pre-printed prescription" means a written | 18 | | prescription upon which
the designated drug has been indicated | 19 | | prior to the time of issuance; the term does not mean a written | 20 | | prescription that is individually generated by machine or | 21 | | computer in the prescriber's office.
| 22 | | (mm) "Prescriber" means a physician licensed to practice | 23 | | medicine in all
its branches, dentist, optometrist, | 24 | | prescribing psychologist certified under the Clinical | 25 | | Psychologist Licensing Act, podiatrist , or
veterinarian who | 26 | | issues a prescription, a physician assistant who
issues a
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| 1 | | prescription for a controlled substance
in accordance
with | 2 | | Section 303.05, a written delegation, and a written supervision | 3 | | agreement required under Section 7.5
of the
Physician Assistant | 4 | | Practice Act of 1987, or an advanced practice
nurse with | 5 | | prescriptive authority delegated under Section 65-40 of the | 6 | | Nurse Practice Act and in accordance with Section 303.05, a | 7 | | written delegation,
and a written
collaborative agreement | 8 | | under Section 65-35 of the Nurse Practice Act.
| 9 | | (nn) "Prescription" means a written, facsimile, or oral | 10 | | order, or an electronic order that complies with applicable | 11 | | federal requirements,
of
a physician licensed to practice | 12 | | medicine in all its branches,
dentist, podiatrist or | 13 | | veterinarian for any controlled
substance, of an optometrist | 14 | | for a Schedule III, IV, or V controlled substance in accordance | 15 | | with Section 15.1 of the Illinois Optometric Practice Act of | 16 | | 1987, of a physician assistant for a
controlled substance
in | 17 | | accordance with Section 303.05, a written delegation, and a | 18 | | written supervision agreement required under
Section 7.5 of the
| 19 | | Physician Assistant Practice Act of 1987, or of an advanced | 20 | | practice
nurse with prescriptive authority delegated under | 21 | | Section 65-40 of the Nurse Practice Act who issues a | 22 | | prescription for a
controlled substance in accordance
with
| 23 | | Section 303.05, a written delegation, and a written | 24 | | collaborative agreement under Section 65-35 of the Nurse | 25 | | Practice Act when required by law.
| 26 | | (nn-5) "Prescription Information Library" (PIL) means an |
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| 1 | | electronic library that contains reported controlled substance | 2 | | data. | 3 | | (nn-10) "Prescription Monitoring Program" (PMP) means the | 4 | | entity that collects, tracks, and stores reported data on | 5 | | controlled substances and select drugs pursuant to Section 316. | 6 | | (oo) "Production" or "produce" means manufacture, | 7 | | planting,
cultivating, growing, or harvesting of a controlled | 8 | | substance other than methamphetamine.
| 9 | | (pp) "Registrant" means every person who is required to | 10 | | register
under Section 302 of this Act.
| 11 | | (qq) "Registry number" means the number assigned to each | 12 | | person
authorized to handle controlled substances under the | 13 | | laws of the United
States and of this State.
| 14 | | (qq-5) "Secretary" means, as the context requires, either | 15 | | the Secretary of the Department or the Secretary of the | 16 | | Department of Financial and Professional Regulation, and the | 17 | | Secretary's designated agents. | 18 | | (rr) "State" includes the State of Illinois and any state, | 19 | | district,
commonwealth, territory, insular possession thereof, | 20 | | and any area
subject to the legal authority of the United | 21 | | States of America.
| 22 | | (rr-5) "Stimulant" means any drug that (i) causes an | 23 | | overall excitation of central nervous system functions, (ii) | 24 | | causes impaired consciousness and awareness, and (iii) can be | 25 | | habit-forming or lead to a substance abuse problem, including | 26 | | but not limited to amphetamines and their analogs, |
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| 1 | | methylphenidate and its analogs, cocaine, and phencyclidine | 2 | | and its analogs. | 3 | | (ss) "Ultimate user" means a person who lawfully possesses | 4 | | a
controlled substance for his or her own use or for the use of | 5 | | a member of his or her
household or for administering to an | 6 | | animal owned by him or her or by a member
of his or her | 7 | | household.
| 8 | | (Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09; | 9 | | 97-334, eff. 1-1-12 .)
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