Illinois General Assembly - Full Text of HB0498
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Full Text of HB0498  95th General Assembly



State of Illinois
2007 and 2008


Introduced 2/1/2007, by Rep. Angelo Saviano


New Act
5 ILCS 80/4.28 new
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 Regulatory Sunset Act to set a repeal date for the Naturopathic Medical Practice Act of January 1, 2018. 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".

LRB095 08364 RAS 28537 b






HB0498 LRB095 08364 RAS 28537 b

1     AN ACT concerning regulation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 1. Short Title. This Act may be cited as the
5 Naturopathic Medical Practice Act.
6     Section 5. Purpose. The practice of naturopathic medicine
7 in the State of Illinois is declared to affect the public
8 health, safety, and welfare and to be subject to regulation and
9 control in the public interest. It is further declared to be a
10 matter of public interest and concern that naturopathic
11 physicians and the practice of naturopathic medicine, as
12 defined in this Act, merit and receive the confidence of the
13 public, that only qualified persons be authorized to practice
14 naturopathic medicine in the State of Illinois, and that no
15 person shall practice naturopathic medicine without a valid
16 existing license to do so. The General Assembly recognizes that
17 naturopathic physicians comprise a distinct health care
18 profession that affects the public health, safety, and welfare
19 and increases freedom of choice in health care. This Act shall
20 be liberally construed to best carry out these subjects and
21 purposes.
22     Section 10. Definitions. In this Act:



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1     "Approved naturopathic medical program" means any of the
2 following:
3         (1) a naturopathic medical education program
4     accredited by the United States Council on Naturopathic
5     Medical Education, or an equivalent federally recognized
6     accrediting body for the naturopathic medical profession
7     recognized by the Board, that offers graduate-level
8     full-time didactic and supervised clinical training
9     leading to the degree of Doctor of Naturopathy or Doctor of
10     Naturopathic Medicine and is part of an institution of
11     higher education that is either accredited or is a
12     candidate for accreditation by a regional institutional
13     accrediting agency recognized by the United States
14     Secretary of Education;
15         (2) a full-time structured program, offered prior to
16     the existence of the CNME, having been not less than 132
17     weeks in duration and requiring completion within a period
18     of not less than 35 months, with a curriculum consisting of
19     basic sciences and supervised patient care comprising a
20     doctoral naturopathic medical education offered by a
21     degree-granting college or university that is reputable
22     and in good standing in the judgment of the Board, and, if
23     still in existence, with a current programmatic
24     accreditation by the CNME or a federally-recognized
25     equivalent accrediting agency; or
26         (3) a full-time structured program, offered prior to



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1     the existence of the CNME, having been not less than 132
2     weeks in duration and requiring completion within a period
3     of not less than 35 months, with a curriculum consisting of
4     sciences and supervised patient care comprising a doctoral
5     naturopathic medical education offered by a
6     degree-granting college or university in Canada that is
7     reputable and in good standing in the judgment of the Board
8     and has provincial approval for participation in
9     government-funded student aid programs; such course, as a
10     prerequisite to graduation therefrom, and, if still in
11     existence, with a current programmatic accreditation by
12     the CNME or a federally-recognized equivalent accrediting
13     agency.
14     "Board" means the Board of Naturopathic Medicine appointed
15 by the Secretary.
16     "CNME" means the Council on Naturopathic Medical
17 Education.
18     "Committee" means the Naturopathic Childbirth Attendance
19 Advisory Committee.
20     "Council" means the Naturopathic Formulary Council
21 comprised of members appointed pursuant to this Act to
22 determine and authorize the formulary list.
23     "Department" means the Department of Financial and
24 Professional Regulation.
25     "Minor office procedures" means the methods used for the
26 repair of and provision of care incidental to superficial



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1 lacerations and abrasions or superficial lesions and the
2 removal of foreign bodies located in the superficial tissues.
3     "Naturopathic childbirth attendance" means the specialty
4 practice of natural childbirth by a naturopathic physician that
5 meets the additional requirements set forth in this Act, that
6 includes the management of normal pregnancy, normal labor and
7 delivery, and the normal postpartum period, including normal
8 newborn care.
9     "Naturopathic formulary" means the list of natural
10 medicines, nonprescription and prescription that naturopathic
11 physicians use in the practice of the profession, as determined
12 by the Council and reviewed by the Board.
13     "Naturopathic medicine" means a system of primary health
14 care for the prevention, diagnosis, and treatment of human
15 health conditions, injury, and disease; the promotion or
16 restoration of health; and the support and stimulation of a
17 patient's inherent self-healing processes through patient
18 education and the use of natural therapies and therapeutic
19 substances.
20     "Naturopathic physician" means a practitioner of
21 naturopathic medicine who has been properly licensed for that
22 purpose by the Department under this Act. "Naturopathic
23 physician" includes all titles and designations associated
24 with the practice of naturopathic medicine, including, "doctor
25 of naturopathic medicine", "doctor of naturopathy",
26 "naturopathic doctor", "naturopath", "doctor of naturopathic



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1 medicine", "doctor of naturopathy", "naturopathic medical
2 doctor", "N.D.", "ND", "N.M.D", and "NMD".
3     "Naturopathic residency" means a post-graduate medical
4 education program approved by the Council on Naturopathic
5 Medical Education, a subcommittee thereof, or an equivalent
6 agency, as recognized by the Board, that provides a structured
7 curriculum with diagnosis and management of patients under
8 appropriate levels of supervision for graduates of an approved
9 naturopathic medical program.
10     "Prescription drug" means any drug defined by Section
11 503(b) of the federal Food, Drug and Cosmetic Act with a label
12 that is required to bear the statement "RX only".
13     "Secretary" means the Secretary of Financial and
14 Professional Regulation.
15     Section 15. Exemption from civil liability. Exemption from
16 civil liability for emergency care is as provided in the Good
17 Samaritan Act.
18     While serving upon any professional utilization committee,
19 professional review organization, peer review committee,
20 mediation committee, board of Secretaries considering matters
21 of peer review, or review committee sanctioned by the
22 profession, a person shall not be liable for civil damages as a
23 result of his or her acts, omissions, or decisions in
24 connection with his or her duties on such committees or boards,
25 except in cases involving willful or wanton misconduct.



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1     Section 20. Exceptions.
2     (a) This Act does not prohibit or restrict any of the
3 following:
4         (1) Any person licensed to practice medicine in all of
5     its branches under the Medical Practice Act of 1987 who
6     engages in the practice for which he or she is licensed.
7         (2) The practice of a profession by individuals who are
8     licensed, certified, or registered under the laws of this
9     State who are performing services within their authorized
10     scope of practice.
11         (3) The practice of naturopathic medicine by an
12     individual employed by the government of the United States
13     while the individual is engaged in the performance of
14     duties prescribed by the laws and regulations of the United
15     States.
16         (4) The practice of naturopathic medicine by students
17     enrolled in an approved naturopathic medical college. The
18     performance of services shall be pursuant to a course of
19     instruction or assignments from an instructor and under the
20     supervision of the instructor, who shall be a naturopathic
21     physician licensed under this Act or a duly licensed
22     professional in the instructed field.
23         (5) Any person treating himself or herself or his or
24     her family members based on religious or health beliefs.
25         (6) Any person who sells vitamins and herbs who



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1     provides information about such products.
2         (7) Any person or practitioner advising in the use of a
3     therapy, including, but not limited to, herbal medicine,
4     homeopathy, nutrition, or other non-drug or non-surgical
5     therapy within the scope of practice of naturopathic
6     physicians as set forth in this Act, as long as such
7     therapy is within that individual's lawful rights, or, if a
8     licensed healthcare provider, within the legally defined
9     scope of practice as granted by the existing laws of this
10     State, and provided that such person is not using a title
11     protected under this Chapter or holding himself or herself
12     out to be a naturopathic physician.
13     (b) This Act shall not be construed to prohibit the
14 practice of naturopathic medicine by persons who are licensed
15 to practice naturopathic medicine in any other state or
16 district in the United States who enter this State to consult
17 with a naturopathic physician licensed under this Act;
18 provided, however, that the consultation is limited to
19 examination, recommendation, or testimony in litigation.
20     Section 25. Title and designation.
21     (a) Licensees shall use the title "naturopathic physician"
22 and the recognized abbreviation "N.D.".
23     (b) Naturopathic physicians shall have the exclusive right
24 to use the terms: "naturopathic physician", "naturopathic
25 doctor", "naturopath", "doctor of naturopathic medicine",



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1 "doctor of naturopathy", "naturopathic medical doctor",
2 "naturopathic medicine", "naturopathic health care",
3 "naturopathy", "N.D.", "ND", "N.M.D." and "NMD".
4     (c) No person shall represent himself or herself to the
5 public as a naturopathic physician, a doctor of naturopathic
6 medicine, a doctor of naturopathy, or as being otherwise
7 authorized to practice naturopathic medicine in this State
8 without first obtaining from the Department a license to
9 practice naturopathic medicine under this Act.
10     (d) The titles and designations set forth in this Section
11 identify naturopathic physicians and are restricted to
12 describing and identifying licensed practitioners.
13     Section 30. Powers and duties of the Department and the
14 Secretary.
15     (a) The Department shall exercise the powers and duties
16 prescribed by the Civil Administrative Code of Illinois for the
17 administration of licensing acts and shall exercise such other
18 powers and duties conferred by this Act.
19     (b) The Department may adopt rules consistent with the
20 provisions of this Act, for the administration and enforcement
21 thereof and may prescribe forms that shall be issued in
22 connection therewith.
23     (c) The Department shall adopt as the naturopathic
24 licensing examination the competency-based national
25 examination administered by the North American Board of



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1 Naturopathic Examiners, or a successor agency that has been
2 nationally recognized to administer a naturopathic examination
3 that represents federal standards of education and training.
4     (d) The Secretary shall consider the recommendations of the
5 Board on questions involving standards of professional
6 conduct, discipline, and qualifications of candidates and
7 licensees under this Act.
8     (e) The Department may, at any time, seek the expert advice
9 and knowledge of the Board on any matter relating to the
10 administration or enforcement of this Act. Notice of proposed
11 rulemaking shall be transmitted to the Board and the Department
12 shall review the response of the Board and any recommendations
13 made in response.
14     (f) The Secretary shall issue licenses, and renewals
15 thereof, to all persons who meet the qualifications for
16 licensure as determined by the Board.
17     (g) The Department shall establish rules for continuing
18 education as recommended by the Board.
19     (h) The Secretary shall consult the Board on matters
20 involving all of the following:
21         (1) The qualifications of candidates who apply for
22     licensure to practice naturopathic medicine in Illinois.
23         (2) The content of any clinical, practical, or
24     residency requirement.
25         (3) The content of rules and proposed rules governing
26     the practice of naturopathic medicine in Illinois.



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1         (4) The investigation of complaints from naturopathic
2     physicians and the public and the technical aspects of the
3     complaint;
4         (5) The requirements for issuance and renewal of
5     naturopathic medical licenses.
6     Section 35. Naturopathic Medical Licensing Board.
7     (a) There is hereby created the Naturopathic Medical
8 Licensing Board, which shall consist of 7 members appointed by
9 the Secretary, 5 of whom shall be licensed naturopathic
10 physicians who are in good standing in this State, are
11 residents of this State, and have been engaged in the practice
12 or instruction of naturopathic medicine for at least 3 years
13 and 2 of whom shall be residents of this State who are not, and
14 never have been, licensed health care practitioners and hold no
15 interest in naturopathic education, naturopathic business, or
16 naturopathic practice.
17     (b) The Secretary shall take into consideration
18 recommendations from the Illinois Association of Naturopathic
19 Physicians in determining the names of naturopathic physicians
20 eligible to serve on the Board.
21     (c) Members shall serve for terms of 4 years and shall
22 serve until a successor is appointed, except that, for the
23 purpose of staggering terms, the Secretary shall initially
24 appoint to the Board 3 members for terms of 4 years each, 2
25 members for terms of 3 years each, and 2 members for terms of 2



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1 years each.
2     (d) Appointments to fill vacancies shall be made in the
3 same manner as original appointments, for the unexpired portion
4 of the vacated term.
5     (e) The Secretary may remove any member of the Board for
6 cause prior to the expiration of the member's term.
7     (f) The Board, within 30 days after its appointment, and at
8 least annually thereafter, shall hold a meeting and elect a
9 chairperson and vice-chairperson. The Board may hold
10 additional meetings at the call of the chair or at the written
11 request of any 2 members of the Board. The Board may appoint
12 committees as it deems necessary to carry out its duties.
13     (g) A majority of the Board shall constitute a quorum. A
14 vacancy in the membership of the Board shall not impair the
15 right of the quorum to exercise the rights and perform all of
16 the duties of the Board.
17     (h) Members of the Board shall be immune from suit in any
18 action based upon any disciplinary proceedings or other
19 activities performed in good faith as members of the Board.
20     (i) The members of the Board shall each receive as
21 compensation a reasonable sum as determined by the Secretary
22 for each day actually engaged in the duties of office and all
23 legitimate and necessary expenses incurred in attending the
24 meetings of the Board.
25     Section 40. Duties of the Board.



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1     (a) The Board may recommend such rules as are necessary to
2 carry out the purposes of this Act and recommend disciplinary
3 action as provided for under this Act.
4     (b) The Board shall determine the qualifications of persons
5 applying for licensure and define, by rule, the appropriate
6 scope of naturopathic medicine in this State, provided however,
7 that the scope of practice may not exceed that defined in this
8 Act.
9     (c) The Board shall review the content of rules and
10 proposed rules governing the practice of naturopathic medicine
11 in Illinois.
12     (d) The Board shall evaluate the content of any clinical,
13 practical, or residency requirement.
14     (e) The Board shall grant approval for naturopathic
15 childbirth attendance privileges to those licensees who apply,
16 provided that such applicants can document training and
17 experience equal to or greater than that required by the
18 Childbirth Attendance Advisory Committee.
19     (f) The Board shall establish, by rule, examination
20 standards, dates, and locations.
21     (g) The Board shall recommend the minimum amount and type
22 of continuing education to be required for each naturopathic
23 physician seeking licensure renewal.
24     Section 45. Naturopathic Formulary Council.
25     (a) There is hereby established a Naturopathic Formulary



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1 Council, separate and distinct from the Board, to be composed
2 of 5 members, 2 of whom shall be naturopathic physicians
3 licensed under this Act and appointed by the Board, 2 of whom
4 shall be pharmacists licensed under Illinois Pharmacy Practice
5 Act and appointed by the Board from a list of nominees provided
6 by the State Board of Pharmacy, and one of whom shall be a
7 physician licensed under the Medical Practice Act of 1987 and
8 appointed by the Board from a list of nominees provided by the
9 Medical Licensing Board.
10     (b) It shall be the duty of the Council to establish a
11 formulary for use by naturopathic physicians. Immediately upon
12 adoption or revision of the formulary, the Council shall
13 transmit the approved formulary to the Department and the
14 Department shall adopt the formulary by temporary rule.
15     (c) The formulary will be reviewed annually by the Council,
16 or at any time at the request of the Board.
17     (d) The formulary list may not go beyond the scope of
18 natural medicines, prescription substances and devices covered
19 by approved naturopathic education and training and existing
20 naturopathic formularies, or continuing education approved by
21 the Board.
22     (e) The naturopathic formulary shall not include medicines
23 and devices that are inconsistent with the training provided by
24 approved naturopathic medical programs.
25     (f) Nothing in this Act shall allow a naturopathic
26 physician to dispense, administer, or prescribe any legend drug



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1 or device as defined in the Illinois Controlled Substance Act,
2 unless such prescription drug or legend device is specifically
3 included in the naturopathic formulary.
4     Section 50. Naturopathic childbirth attendance.
5     (a) The Secretary shall establish a Naturopathic
6 Childbirth Attendance Advisory Committee to issue
7 recommendations concerning the practice of naturopathic
8 childbirth attendance based upon a review of naturopathic
9 medical education and training. The Committee shall be
10 comprised of 4 members, one of whom shall be a medical doctor
11 with a clinical specialty or board certification in obstetrics,
12 one of whom shall be a certified nurse midwife, and 2 of whom
13 shall be naturopathic physicians with clinical experience in
14 natural childbirth.
15     (b) The Committee shall review naturopathic education and
16 training and make specific recommendations to the Department
17 regarding the practice of naturopathic childbirth attendance
18 and qualifications for the practice of naturopathic childbirth
19 attendance. The Department shall adopt these recommendations
20 as rule for use in reviewing all naturopathic physician
21 applicants seeking privileges to perform naturopathic
22 childbirth attendance.
23     (c) A person must pass the North American Registry of
24 Midwives (NARM) examination, or an examination that is
25 determined by the Committee to be equivalent, to practice



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1 naturopathic childbirth attendance.
2     (d) The Committee shall make recommendations to the Board
3 concerning the practice of naturopathic childbirth attendance.
4     Section 55. Qualifications for licensure.
5     (a) Applicants for a license to practice naturopathic
6 medicine under this Act must submit the following to the Board:
7         (1) an application for licensure designed and approved
8     by the Department;
9         (2) an application fee established by the Department;
10         (3) documentation attesting to the applicant's good,
11     ethical, and professional reputation;
12         (4) evidence that the applicant is a graduate of an
13     approved naturopathic medical program, in accordance with
14     the requirements of this Act, and that he or she has
15     successfully passed a competency-based national
16     naturopathic licensing examination administered by the
17     North American Board of Naturopathic Examiners or an
18     equivalent agency, as recognized by the Board; and
19         (5) in the case of persons who graduated from a
20     degree-granting approved naturopathic medical program
21     prior to 1986, and in lieu of passage of a national
22     licensing examination, evidence of successful passage of a
23     State competency examination or a Canadian provincial
24     examination approved by the Board.
25     (b) The Department shall adopt rules instituting a



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1 naturopathic medicine residency program of no less than one
2 year post-doctoral duration with medical schools, teaching
3 hospitals, clinics, and private practices. These rules shall be
4 consistent with the residency standards of the CNME. The Board
5 shall recommend the time upon which residency shall become a
6 prerequisite for licensure, and this recommendation shall
7 include an assessment of the availability of an adequate number
8 of CNME-approved residencies. The Department shall implement a
9 mandatory residency program within a reasonable amount of time
10 after the effective date of this Act and shall present a
11 progress report to the Department on or before October 1, 2008.
12     Section 60. Scope of practice.
13     (a) A naturopathic physician may order and perform physical
14 and laboratory examinations consistent with naturopathic
15 education and training, for diagnostic purposes, including,
16 but not limited to, phlebotomy, clinical laboratory tests,
17 orificial examinations, and physiological function tests.
18     (b) A naturopathic physician may order diagnostic imaging
19 studies consistent with naturopathic training.
20     (c) A naturopathic physician may dispense, administer,
21 order, and prescribe or perform any of the following:
22         (1) Food, extracts of food, nutraceuticals, vitamins,
23     amino acids, minerals, enzymes, botanicals and their
24     extracts, botanical medicines, homeopathic medicines, all
25     dietary supplements, and nonprescription drugs, as defined



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1     by the federal Food, Drug, and Cosmetic Act.
2         (2) Prescription substances as determined by the
3     Naturopathic Formulary Council.
4         (3) Hot or cold hydrotherapy, naturopathic physical
5     medicine, electromagnetic energy, colon hydrotherapy, and
6     therapeutic exercise.
7         (4) Devices, including, but not limited to,
8     therapeutic devices, barrier contraception, and durable
9     medical equipment.
10         (5) Health education and health counseling.
11         (6) Repair and care incidental to superficial
12     lacerations and abrasions.
13         (7) Removal of foreign bodies located in the
14     superficial tissues.
15         (8) Musculoskeletal manipulation consistent with
16     naturopathic education and training, not to exceed level 4
17     high velocity manipulation.
18     (d) A naturopathic physician may utilize routes of
19 administration that include oral, nasal, auricular, ocular,
20 rectal, vaginal, transdermal, intradermal, subcutaneous,
21 intravenous, and intramuscular and are consistent with the
22 education and training of a naturopathic physician.
23     (e) A naturopathic physician may perform those therapies in
24 which he or she is trained and educated, and are approved by
25 the Board.



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1     Section 65. Prohibitions. A naturopathic physician
2 licensed under this Act may not do any of the following:
3          (1) Prescribe, dispense, or administer any controlled
4     substance or device identified in the federal Controlled
5     Substance Act, as amended, except as authorized by this
6     Act.
7         (2) Perform surgical procedures other than those minor
8     office procedures authorized by this Act.
9         (3) Practice or claim to practice as a medical doctor,
10     osteopath, dentist, podiatrist, optometrist, psychologist,
11     advanced practice professional nurse, physician assistant,
12     chiropractor, physical therapist, acupuncturist, or any
13     other health care professional not authorized under this
14     Act, unless licensed to do so.
15         (4) Use general or spinal anesthetics.
16         (5) Administer ionizing radioactive substances for
17     therapeutic purposes.
18         (6) Perform surgical procedures using a laser device.
19         (7) Perform surgical procedures involving the eye,
20     ear, tendons, nerves, veins, or arteries extending beyond
21     superficial tissue.
22         (8) Induce or perform abortions.
23         (9) Treat any lesion suspicious of malignancy or
24     requiring surgical removal. Lesions suspicious of
25     malignancy or requiring surgical removal shall be referred
26     to an appropriately licensed health care professional.



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1     Nothing in this Act shall prohibit treatment of a person
2     with suspicious or malignant lesions in collaboration with
3     a physician licensed to practice medicine in all of its
4     branches.
5         (10) Perform acupuncture, unless licensed as an
6     acupuncturist, as defined in the Illinois Acupuncture
7     Practice Act.
8     Section 70. Licensure without additional examination. The
9 Department may issue a license without additional examination
10 to any applicant who submits an application for licensure,
11 together with the appropriate fee, and proof acceptable to the
12 Department of current licensure in good standing in another
13 state, the District of Columbia, or a territory of the United
14 States whose standards for licensure are at least equivalent to
15 those of this State.
16     Any applicant seeking a license without additional
17 examination under this Section shall provide proof of licensure
18 in good standing in all states in which he or she is licensed.
19     Section 75. License expiration; renewal. The expiration
20 date and renewal period for each license issued under this Act
21 shall be set by rule. The Department shall adopt rules for
22 continuing education required for the renewal of licenses.
23     Section 80. Fees. The fees assessed under this Act shall be



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1 determined by rule. All fees and fines collected under this Act
2 shall be deposited into the General Professions Dedicated Fund.
3 All moneys in the Fund shall be used by the Department, as
4 appropriated, for the ordinary and contingent expenses of the
5 Department.
6     Section 85. Mandated reporting.
7     (a) The following persons shall report to the Department,
8 in writing and within 30 days after becoming aware of such
9 information, any information that the person has reason to
10 believe indicates that a naturopathic physician is or may be
11 medically or legally incompetent, engaged in the unauthorized
12 practice of naturopathic medicine, guilty of unprofessional
13 conduct, or mentally or physically unable to engage safely in
14 the practice of naturopathic medicine:
15         (1) naturopathic physicians licensed under this Act;
16         (2) licensed health care providers;
17         (3) employees of licensed health care institutions in
18     the State;
19         (4) State agency employees; and
20         (5) State law enforcement personnel.
21     (b) A naturopathic physician's voluntary resignation from
22 the staff of a health care institution, voluntary limitation of
23 staff privileges, or failure to reapply for hospital privileges
24 at such an institution, shall be promptly reported to the
25 Department by the health care institution and the licensee, if



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1 such action occurs while the licensee is under investigation by
2 the institution or a committee thereof for any reason related
3 to possible medical incompetence, unprofessional conduct, or
4 mental or physical impairment.
5     (c) Upon receiving a credible complaint or report
6 concerning a licensee, or on its own motion, the Department may
7 investigate any evidence of a licensee's medical incompetence,
8 unprofessional conduct, or inability to engage safely in the
9 practice of medicine due to mental or physical illness.
10     (d) Any person, institution, agency, or organization
11 required to report under this Section who does so in good faith
12 shall not be subject to civil damages or criminal prosecution
13 for so reporting.
14     (e) Within 10 days after receipt of a report mandated under
15 this Section, the Secretary shall acknowledge receipt of all
16 reports and any complaint against a licensee submitted to the
17 Department. Within 10 days thereafter, the Secretary shall
18 inform any person or entity whose report or complaint has
19 resulted in action by the Department, of the final disposition
20 of the matter.
21     (f) Any person or entity who fails to make a report as
22 mandated under this Section may be assessed by the Secretary,
23 in his or her discretion and after consultation with the Board,
24 a civil penalty. Assessment of a civil penalty pursuant to this
25 subsection (f) shall be supported by substantial evidence and
26 may be appealed to the circuit court. On appeal, the circuit



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1 court may receive any relevant evidence supporting or opposing
2 the assessment and may affirm or reverse the Secretary's
3 decision.
4     Section 90. Refusal of licensure.
5     (a) The Department may refuse to issue or renew a license
6 on any of the following grounds:
7         (1) The conviction of a felony, a criminal conviction
8     record, or a pending criminal charge relating to an
9     offense, the circumstances of which substantially relate
10     to the practice of naturopathic medicine.
11         (2) Impairment related to drugs or alcohol that would
12     limit an applicant's ability to undertake the practice of
13     naturopathic medicine in a manner consistent with the
14     safety of the public.
15         (3) Mental incompetence that impairs an applicant's
16     ability to undertake the practice of naturopathic medicine
17     in a manner consistent with the safety of the public, as
18     determined by a physician.
19     (b) The Department shall not reinstate the license of a
20 naturopathic physician until such time as the Department is
21 satisfied that such person has complied with all the terms and
22 conditions set forth in the final order and that such person is
23 capable of safely engaging in the practice of naturopathic
24 medicine.



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1     Section 95. Disciplinary action. The following acts
2 constitute grounds for denial of a license or disciplinary
3 action:
4         (1) Attempting to obtain, obtaining, or renewing a
5     license to practice naturopathic medicine by bribery, or by
6     fraudulent misrepresentation.
7         (2) Having a license to practice naturopathic medicine
8     revoked, suspended, or otherwise acted against, including
9     the denial of licensure, by the licensing authority of
10     another state, territory, or country.
11         (3) Being convicted or found guilty, regardless of
12     adjudication, of a crime in any jurisdiction which directly
13     relates to the practice of naturopathic medicine or to the
14     ability to practice naturopathic medicine. Any plea of nolo
15     contendere shall be considered a conviction for purposes of
16     this Act.
17         (4) False, deceptive, or misleading advertising.
18         (5) Advertising, practicing, or attempting to practice
19     under a name other than one's own.
20         (6) Aiding, assisting, procuring, or advising any
21     unlicensed person to practice naturopathic medicine
22     contrary to this Act or a rule of the Department or the
23     Board.
24         (7) Making or filing a report which the licensee knows
25     to be false, intentionally or negligently failing to file a
26     report or record required by State or federal law, or



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1     willfully impeding or obstructing such filing or inducing
2     another person to do so. Such reports or records shall
3     include only those which are signed in the capacity as a
4     licensed naturopathic physician.
5         (8) Paying or receiving any commission, bonus,
6     kickback, or rebate, or engaging in any split-fee
7     arrangement in any form whatsoever with a physician,
8     organization, agency, or person, either directly or
9     indirectly, for patients referred to providers of health
10     care goods and services, including, but not limited to,
11     hospitals, nursing homes, clinical laboratories,
12     ambulatory surgical centers, or pharmacies. The provisions
13     of this paragraph shall not be construed to prevent a
14     doctor of naturopathic medicine or naturopathic physician
15     from receiving a fee for professional consultation
16     services.
17         (9) Exercising influence within a patient-physician
18     relationship for the purposes of engaging a patient in
19     sexual activity. A patient shall be presumed to be
20     incapable of giving free, full, and informed consent to
21     sexual activity with her or his naturopathic physician.
22         (10) Failing to keep written medical records
23     justifying the course of treatment of the patient,
24     including, but not limited to, patient histories,
25     examination results, test results, imaging results, and
26     records of the prescribing, dispensing, and administering



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1     of drugs.
2         (11) Gross or repeated malpractice or the failure to
3     practice naturopathic medicine with that level of care,
4     skill, and treatment that is recognized by a reasonably
5     prudent similarly situated naturopathic physician as being
6     acceptable under similar conditions and circumstances.
7         (12) Delegating professional responsibilities to a
8     person while knowing or having reason to know that the
9     person is not qualified by training, experience, or
10     licensure to perform such responsibilities.
11         (13) Violating any provision of this Act or any rules
12     adopted pursuant to this Act.
13         (14) Selling, fraudulently obtaining, or furnishing
14     any naturopathic diploma, license, record, or registration
15     or aiding or abetting in the same.
16         (15) Practicing naturopathic medicine under the cover
17     of any diploma, license, record, or registration illegally
18     or fraudulently obtained or secured or issued unlawfully or
19     upon fraudulent representations.
20         (16) Advertising the practice of naturopathic medicine
21     under a name other than one's own or under an assumed name.
22         (17) Falsely impersonating another practitioner of a
23     like or different name.
24         (18) Practicing or advertising the practice of
25     naturopathic medicine or using in connection with one's own
26     name any designation tending to imply or to designate a



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1     person as a practitioner of naturopathic medicine without
2     then being lawfully licensed and authorized to practice
3     naturopathic medicine in this State.
4         (19) Practicing naturopathic medicine under a
5     suspended or revoked license.
6     Section 100. Returned checks; fines. Any person who
7 delivers a check or other payment to the Department that is
8 returned to the Department unpaid by the financial institution
9 upon which it is drawn shall pay to the Department, in addition
10 to the amount already owed to the Department, a fine of $50.
11 The fines imposed by this Section are in addition to any other
12 discipline provided under this Act for unlicensed practice or
13 practice on a nonrenewed license. The Department shall notify
14 the person that fees and fines shall be paid to the Department
15 by certified check or money order within 30 calendar days of
16 the notification. If, after the expiration of 30 days from the
17 date of the notification, the person has failed to submit the
18 necessary remittance, the Department shall automatically
19 terminate the license or deny the application, without hearing.
20 If, after termination or denial, the person seeks a license, he
21 or she shall apply to the Department for restoration or
22 issuance of the license and pay all fees and fines due to the
23 Department. The Department may establish a fee for the
24 processing of an application for restoration of a license to
25 defray all expenses of processing the application. The



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1 Secretary may waive the fines due under this Section in
2 individual cases where the Secretary finds that the fines would
3 be unreasonable or unnecessarily burdensome.
4     Section 105. Injunctions; cease and desist orders.
5     (a) If any person violates any provision of this Act, the
6 Secretary may, in the name of the People of the State of
7 Illinois, through the Attorney General of the State of Illinois
8 or the State's Attorney of any county in which the action is
9 brought, petition for an order enjoining the violation or for
10 an order enforcing compliance with this Act. Upon the filing of
11 a verified petition in court, the court may issue a temporary
12 restraining order, without notice or bond, and may
13 preliminarily and permanently enjoin the violation. If it is
14 established that the person has violated or is violating the
15 injunction, the Court may punish the offender for contempt of
16 court. Proceedings under this Section shall be in addition to,
17 and not in lieu of, all other remedies and penalties provided
18 by this Act.
19     (b) If any person practices as a naturopathic physician or
20 holds himself or herself out as a naturopathic physician
21 without being licensed under the provisions of this Act then
22 any licensed naturopathic physician, any interested party, or
23 any person injured thereby may, in addition to the Secretary,
24 petition for relief as provided in subsection (a) of this
25 Section.



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1     (c) Whenever in the opinion of the Department any person
2 violates any provision of this Act, the Department may issue a
3 rule to show cause why an order to cease and desist should not
4 be entered against that person. The rule shall clearly set
5 forth the grounds relied upon by the Department and shall
6 provide a period of 7 days after the date of the rule to file an
7 answer to the satisfaction of the Department. Failure to answer
8 to the satisfaction of the Department shall cause an order to
9 cease and desist to be issued immediately.
10     Section 110. Violation; penalty. Whoever knowingly
11 practices or offers to practice naturopathic medicine in this
12 State without being licensed for that purpose shall be guilty
13 of a Class A misdemeanor.
14     Section 115. Investigation; notice; hearing. The
15 Department may investigate the actions of any applicant or of
16 any person or persons holding or claiming to hold a license.
17 Before refusing to issue, refusing to renew, or taking any
18 disciplinary action regarding a license, the Department shall,
19 at least 30 days prior to the date set for the hearing, notify
20 in writing the applicant for, or holder of, a license of the
21 nature of any charges and that a hearing will be held on a date
22 designated. The Department shall direct the applicant or
23 licensee to file a written answer with the Committee under oath
24 within 20 days after the service of the notice and inform the



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1 applicant or licensee that failure to file an answer shall
2 result in default being taken against the applicant or licensee
3 and that the license may be suspended, revoked, or placed on
4 probationary status, or that other disciplinary action may be
5 taken, including limiting the scope, nature, or extent of
6 practice, as the Secretary may deem proper. Written notice may
7 be served by personal delivery or certified or registered mail
8 to the respondent at the address of his or her last
9 notification to the Department. If the person fails to file an
10 answer after receiving notice, his or her license may, in the
11 discretion of the Department, be suspended, revoked, or placed
12 on probationary status, or the Department may take any
13 disciplinary action deemed proper, including limiting the
14 scope, nature, or extent of the person's practice or the
15 imposition of a fine, without a hearing, if the act or acts
16 charged constitute sufficient grounds for such action under
17 this Act. At the time and place fixed in the notice, the
18 Committee shall proceed to hear the charges and the parties or
19 their counsel shall be accorded ample opportunity to present
20 such statements, testimony, evidence and argument as may be
21 pertinent to the charges or to their defense. The Committee may
22 continue a hearing from time to time.
23     Section 120. Formal hearing; preservation of record. The
24 Department, at its expense, shall preserve a record of all
25 proceedings at the formal hearing of any case. The notice of



HB0498 - 30 - LRB095 08364 RAS 28537 b

1 hearing, complaint, and all other documents in the nature of
2 pleadings and written motions filed in the proceedings, the
3 transcript of testimony, the report of the Committee or hearing
4 officer, and order of the Department shall be the record of the
5 proceeding. The Department shall furnish a transcript of the
6 record to any person interested in the hearing upon payment of
7 the fee required under Section 2105-115 of the Department of
8 Professional Regulation Law (20 ILCS 2105/2105-115).
9     Section 125. Witnesses; production of documents; contempt.
10 Any circuit court may, upon application of the Department or
11 its designee or of the applicant or licensee against whom
12 proceedings under Section 95 of this Act are pending, enter an
13 order requiring the attendance of witnesses and their testimony
14 and the production of documents, papers, files, books, and
15 records in connection with any hearing or investigation. The
16 court may compel obedience to its order by proceedings for
17 contempt.
18     Section 130. Subpoena; oaths. The Department shall have
19 power to subpoena and bring before it any person in this State
20 and to take testimony either orally or by deposition or both
21 with the same fees and mileage and in the same manner as
22 prescribed in civil cases in circuit courts of this State.
23     The Secretary, the designated hearing officer, and every
24 member of the Committee has power to administer oaths to



HB0498 - 31 - LRB095 08364 RAS 28537 b

1 witnesses at any hearing that the Department is authorized to
2 conduct and any other oaths authorized in any Act administered
3 by the Department. Any circuit court may, upon application of
4 the Department or its designee or upon application of the
5 person against whom proceedings under this Act are pending,
6 enter an order requiring the attendance of witnesses and their
7 testimony, and the production of documents, papers, files,
8 books and records in connection with any hearing or
9 investigation. The court may compel obedience to its order by
10 proceedings for contempt.
11     Section 135. Findings of facts, conclusions of law, and
12 recommendations. At the conclusion of the hearing the
13 Committee shall present to the Secretary a written report of
14 its findings of fact, conclusions of law, and recommendations.
15 The report shall contain a finding whether or not the accused
16 person violated this Act or failed to comply with the
17 conditions required in this Act. The Committee shall specify
18 the nature of the violation or failure to comply and shall make
19 its recommendations to the Secretary.
20      The report of findings of fact, conclusions of law, and
21 recommendations of the Committee shall be the basis for the
22 Department's order. If the Secretary disagrees in any regard
23 with the report of the Committee, the Secretary may issue an
24 order in contravention of the report. The finding is not
25 admissible in evidence against the person in a criminal



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1 prosecution brought for the violation of this Act, but the
2 hearing and findings are not a bar to a criminal prosecution
3 brought for the violation of this Act.
4     Section 140. Hearing officer. The Secretary shall have the
5 authority to appoint any attorney duly licensed to practice law
6 in the State of Illinois to serve as the hearing officer in any
7 action for Departmental refusal to issue, renew, or license an
8 applicant, or disciplinary action against a licensee. The
9 hearing officer shall have full authority to conduct the
10 hearing. The hearing officer shall report his or her findings
11 of fact, conclusions of law, and recommendations to the
12 Committee and the Secretary. The Committee shall have 60
13 calendar days from receipt of the report to review the report
14 of the hearing officer and present its findings of fact,
15 conclusions of law, and recommendations to the Secretary. If
16 the Committee fails to present its report within the 60
17 calendar day period, the Secretary may issue an order based on
18 the report of the hearing officer. If the Secretary disagrees
19 with the recommendation of the Committee or hearing officer, he
20 or she may issue an order in contravention of that
21 recommendation.
22     Section 145. Service of report; rehearing; order. In any
23 case involving the discipline of a license, a copy of the
24 Committee's report shall be served upon the respondent by the



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1 Department, either personally or as provided in this Act for
2 the service of the notice of hearing. Within 20 days after the
3 service, the respondent may present to the Department a motion
4 in writing for a rehearing that shall specify the particular
5 grounds for rehearing. If no motion for rehearing is filed,
6 then upon the expiration of the time specified for filing a
7 motion, or if a motion for rehearing is denied, then upon the
8 denial the Secretary may enter an order in accordance with this
9 Act. If the respondent orders from the reporting service and
10 pays for a transcript of the record within the time for filing
11 a motion for rehearing, the 20 calendar day period within which
12 the motion may be filed shall commence upon the delivery of the
13 transcript to the respondent.
14     Section 150. Substantial justice to be done; rehearing.
15 Whenever the Secretary is satisfied that substantial justice
16 has not been done in the revocation, suspension, or refusal to
17 issue or renew a license, the Secretary may order a rehearing
18 by the same or another hearing officer or by the Committee.
19     Section 155. Order or certified copy as prima facie proof.
20 An order or a certified copy thereof, over the seal of the
21 Department and purporting to be signed by the Secretary, shall
22 be prima facie proof:
23     (a) that the signature is the genuine signature of the
24 Secretary;



HB0498 - 34 - LRB095 08364 RAS 28537 b

1     (b) that such Secretary is duly appointed and qualified;
2     (c) that the Committee and its members are qualified to
3 act.
4     Section 160. Restoration of license. At any time after the
5 suspension or revocation of any license the Department may
6 restore the license to the accused person, unless after an
7 investigation and a hearing the Department determines that
8 restoration is not in the public interest.
9     Section 165. Surrender of license. Upon the revocation or
10 suspension of any license, the licensee shall immediately
11 surrender the license to the Department. If the licensee fails
12 to do so, the Department shall have the right to seize the
13 license.
14     Section 170. Imminent danger to public; summary
15 suspension. The Secretary may summarily suspend the license of
16 a naturopathic physician without a hearing, simultaneously
17 with the institution of proceedings for a hearing provided for
18 in this Act, if the Secretary finds that evidence in his or her
19 possession indicates that continuation in practice would
20 constitute an imminent danger to the public. In the event that
21 the Secretary summarily suspends a license without a hearing, a
22 hearing by the Department must be held within 30 days after the
23 suspension has occurred.



HB0498 - 35 - LRB095 08364 RAS 28537 b

1     Section 175. Review under Administrative Review Law. All
2 final administrative decisions of the Department are subject to
3 judicial review under the Administrative Review Law and its
4 rules. The term "administrative decision" is defined as in
5 Section 3-101 of the Code of Civil Procedure.
6     Section 180. The Department shall not be required to
7 certify any record to the Court or file any answer in court or
8 otherwise appear in any court in a judicial review proceeding,
9 unless there is filed in the court, with the complaint, a
10 receipt from the Department acknowledging payment of the costs
11 of furnishing and certifying the record. Failure on the part
12 of the plaintiff to file a receipt in court shall be grounds
13 for dismissal of the action.
14     Section 185. Administrative Procedure Act. The Illinois
15 Administrative Procedure Act is expressly adopted and
16 incorporated in this Act as if all of the provisions of that
17 Act were included in this Act, except that the provision of
18 paragraph (d) of Section 10-65 of the Illinois Administrative
19 Procedure Act, which provides that at hearings the licensee has
20 the right to show compliance with all lawful requirements for
21 retention, continuation, or renewal of the license, is
22 specifically excluded. For the purpose of this Act, the notice
23 required under Section 10-25 of the Administrative Procedure



HB0498 - 36 - LRB095 08364 RAS 28537 b

1 Act is deemed sufficient when mailed to the last known address
2 of a party.
3     Section 190. Severability. If any provision of this Act or
4 its application to any person or circumstance is held invalid,
5 the remainder of the act or the application of the provision to
6 other persons or circumstances is not affected.
7     Section 195. The Regulatory Sunset Act is amended by adding
8 Section 4.28 as follows:
9     (5 ILCS 80/4.28 new)
10     Sec. 4.28. Act repealed on January 1, 2018. The following
11 Act is repealed on January 1, 2018:
12     The Naturopathic Medical Practice Act.
13     Section 200. The Illinois Controlled Substances Act is
14 amended by changing Section 102 as follows:
15     (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
16     Sec. 102. Definitions. As used in this Act, unless the
17 context otherwise requires:
18     (a) "Addict" means any person who habitually uses any drug,
19 chemical, substance or dangerous drug other than alcohol so as
20 to endanger the public morals, health, safety or welfare or who
21 is so far addicted to the use of a dangerous drug or controlled



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1 substance other than alcohol as to have lost the power of self
2 control with reference to his addiction.
3     (b) "Administer" means the direct application of a
4 controlled substance, whether by injection, inhalation,
5 ingestion, or any other means, to the body of a patient,
6 research subject, or animal (as defined by the Humane
7 Euthanasia in Animal Shelters Act) by:
8         (1) a practitioner (or, in his presence, by his
9     authorized agent),
10         (2) the patient or research subject at the lawful
11     direction of the practitioner, or
12         (3) a euthanasia technician as defined by the Humane
13     Euthanasia in Animal Shelters Act.
14     (c) "Agent" means an authorized person who acts on behalf
15 of or at the direction of a manufacturer, distributor, or
16 dispenser. It does not include a common or contract carrier,
17 public warehouseman or employee of the carrier or warehouseman.
18     (c-1) "Anabolic Steroids" means any drug or hormonal
19 substance, chemically and pharmacologically related to
20 testosterone (other than estrogens, progestins, and
21 corticosteroids) that promotes muscle growth, and includes:
22             (i) boldenone,
23             (ii) chlorotestosterone,
24             (iii) chostebol,
25             (iv) dehydrochlormethyltestosterone,
26             (v) dihydrotestosterone,



HB0498 - 38 - LRB095 08364 RAS 28537 b

1             (vi) drostanolone,
2             (vii) ethylestrenol,
3             (viii) fluoxymesterone,
4             (ix) formebulone,
5             (x) mesterolone,
6             (xi) methandienone,
7             (xii) methandranone,
8             (xiii) methandriol,
9             (xiv) methandrostenolone,
10             (xv) methenolone,
11             (xvi) methyltestosterone,
12             (xvii) mibolerone,
13             (xviii) nandrolone,
14             (xix) norethandrolone,
15             (xx) oxandrolone,
16             (xxi) oxymesterone,
17             (xxii) oxymetholone,
18             (xxiii) stanolone,
19             (xxiv) stanozolol,
20             (xxv) testolactone,
21             (xxvi) testosterone,
22             (xxvii) trenbolone, and
23             (xxviii) any salt, ester, or isomer of a drug or
24         substance described or listed in this paragraph, if
25         that salt, ester, or isomer promotes muscle growth.
26     Any person who is otherwise lawfully in possession of an



HB0498 - 39 - LRB095 08364 RAS 28537 b

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



HB0498 - 40 - LRB095 08364 RAS 28537 b

1 dispensed the substance.
2     (h) "Deliver" or "delivery" means the actual, constructive
3 or attempted transfer of possession of a controlled substance,
4 with or without consideration, whether or not there is an
5 agency relationship.
6     (i) "Department" means the Illinois Department of Human
7 Services (as successor to the Department of Alcoholism and
8 Substance Abuse) or its successor agency.
9     (j) "Department of State Police" means the Department of
10 State Police of the State of Illinois or its successor agency.
11     (k) "Department of Corrections" means the Department of
12 Corrections of the State of Illinois or its successor agency.
13     (l) "Department of Professional Regulation" means the
14 Department of Professional Regulation of the State of Illinois
15 or its successor agency.
16     (m) "Depressant" or "stimulant substance" means:
17         (1) a drug which contains any quantity of (i)
18     barbituric acid or any of the salts of barbituric acid
19     which has been designated as habit forming under section
20     502 (d) of the Federal Food, Drug, and Cosmetic Act (21
21     U.S.C. 352 (d)); or
22         (2) a drug which contains any quantity of (i)
23     amphetamine or methamphetamine and any of their optical
24     isomers; (ii) any salt of amphetamine or methamphetamine or
25     any salt of an optical isomer of amphetamine; or (iii) any
26     substance which the Department, after investigation, has



HB0498 - 41 - LRB095 08364 RAS 28537 b

1     found to be, and by rule designated as, habit forming
2     because of its depressant or stimulant effect on the
3     central nervous system; or
4         (3) lysergic acid diethylamide; or
5         (4) any drug which contains any quantity of a substance
6     which the Department, after investigation, has found to
7     have, and by rule designated as having, a potential for
8     abuse because of its depressant or stimulant effect on the
9     central nervous system or its hallucinogenic effect.
10     (n) (Blank).
11     (o) "Director" means the Director of the Department of
12 State Police or the Department of Professional Regulation or
13 his designated agents.
14     (p) "Dispense" means to deliver a controlled substance to
15 an ultimate user or research subject by or pursuant to the
16 lawful order of a prescriber, including the prescribing,
17 administering, packaging, labeling, or compounding necessary
18 to prepare the substance for that delivery.
19     (q) "Dispenser" means a practitioner who dispenses.
20     (r) "Distribute" means to deliver, other than by
21 administering or dispensing, a controlled substance.
22     (s) "Distributor" means a person who distributes.
23     (t) "Drug" means (1) substances recognized as drugs in the
24 official United States Pharmacopoeia, Official Homeopathic
25 Pharmacopoeia of the United States, or official National
26 Formulary, or any supplement to any of them; (2) substances



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1 intended for use in diagnosis, cure, mitigation, treatment, or
2 prevention of disease in man or animals; (3) substances (other
3 than food) intended to affect the structure of any function of
4 the body of man or animals and (4) substances intended for use
5 as a component of any article specified in clause (1), (2), or
6 (3) of this subsection. It does not include devices or their
7 components, parts, or accessories.
8     (t-5) "Euthanasia agency" means an entity certified by the
9 Department of Professional Regulation for the purpose of animal
10 euthanasia that holds an animal control facility license or
11 animal shelter license under the Animal Welfare Act. A
12 euthanasia agency is authorized to purchase, store, possess,
13 and utilize Schedule II nonnarcotic and Schedule III
14 nonnarcotic drugs for the sole purpose of animal euthanasia.
15     (t-10) "Euthanasia drugs" means Schedule II or Schedule III
16 substances (nonnarcotic controlled substances) that are used
17 by a euthanasia agency for the purpose of animal euthanasia.
18     (u) "Good faith" means the prescribing or dispensing of a
19 controlled substance by a practitioner in the regular course of
20 professional treatment to or for any person who is under his
21 treatment for a pathology or condition other than that
22 individual's physical or psychological dependence upon or
23 addiction to a controlled substance, except as provided herein:
24 and application of the term to a pharmacist shall mean the
25 dispensing of a controlled substance pursuant to the
26 prescriber's order which in the professional judgment of the



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1 pharmacist is lawful. The pharmacist shall be guided by
2 accepted professional standards including, but not limited to
3 the following, in making the judgment:
4         (1) lack of consistency of doctor-patient
5     relationship,
6         (2) frequency of prescriptions for same drug by one
7     prescriber for large numbers of patients,
8         (3) quantities beyond those normally prescribed,
9         (4) unusual dosages,
10         (5) unusual geographic distances between patient,
11     pharmacist and prescriber,
12         (6) consistent prescribing of habit-forming drugs.
13     (u-1) "Home infusion services" means services provided by a
14 pharmacy in compounding solutions for direct administration to
15 a patient in a private residence, long-term care facility, or
16 hospice setting by means of parenteral, intravenous,
17 intramuscular, subcutaneous, or intraspinal infusion.
18     (v) "Immediate precursor" means a substance:
19         (1) which the Department has found to be and by rule
20     designated as being a principal compound used, or produced
21     primarily for use, in the manufacture of a controlled
22     substance;
23         (2) which is an immediate chemical intermediary used or
24     likely to be used in the manufacture of such controlled
25     substance; and
26         (3) the control of which is necessary to prevent,



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



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1         (b) statements made to the buyer or recipient that the
2     substance may be resold for profit;
3         (c) whether the substance is packaged in a manner
4     normally used for the illegal distribution of controlled
5     substances;
6         (d) whether the distribution or attempted distribution
7     included an exchange of or demand for money or other
8     property as consideration, and whether the amount of the
9     consideration was substantially greater than the
10     reasonable retail market value of the substance.
11     Clause (1) of this subsection (y) shall not apply to a
12 noncontrolled substance in its finished dosage form that was
13 initially introduced into commerce prior to the initial
14 introduction into commerce of a controlled substance in its
15 finished dosage form which it may substantially resemble.
16     Nothing in this subsection (y) prohibits the dispensing or
17 distributing of noncontrolled substances by persons authorized
18 to dispense and distribute controlled substances under this
19 Act, provided that such action would be deemed to be carried
20 out in good faith under subsection (u) if the substances
21 involved were controlled substances.
22     Nothing in this subsection (y) or in this Act prohibits the
23 manufacture, preparation, propagation, compounding,
24 processing, packaging, advertising or distribution of a drug or
25 drugs by any person registered pursuant to Section 510 of the
26 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).



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1     (y-1) "Mail-order pharmacy" means a pharmacy that is
2 located in a state of the United States, other than Illinois,
3 that delivers, dispenses or distributes, through the United
4 States Postal Service or other common carrier, to Illinois
5 residents, any substance which requires a prescription.
6     (z) "Manufacture" means the production, preparation,
7 propagation, compounding, conversion or processing of a
8 controlled substance other than methamphetamine, either
9 directly or indirectly, by extraction from substances of
10 natural origin, or independently by means of chemical
11 synthesis, or by a combination of extraction and chemical
12 synthesis, and includes any packaging or repackaging of the
13 substance or labeling of its container, except that this term
14 does not include:
15         (1) by an ultimate user, the preparation or compounding
16     of a controlled substance for his own use; or
17         (2) by a practitioner, or his authorized agent under
18     his supervision, the preparation, compounding, packaging,
19     or labeling of a controlled substance:
20             (a) as an incident to his administering or
21         dispensing of a controlled substance in the course of
22         his professional practice; or
23             (b) as an incident to lawful research, teaching or
24         chemical analysis and not for sale.
25     (z-1) (Blank).
26     (aa) "Narcotic drug" means any of the following, whether



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1 produced directly or indirectly by extraction from substances
2 of natural origin, or independently by means of chemical
3 synthesis, or by a combination of extraction and chemical
4 synthesis:
5         (1) opium and opiate, and any salt, compound,
6     derivative, or preparation of opium or opiate;
7         (2) any salt, compound, isomer, derivative, or
8     preparation thereof which is chemically equivalent or
9     identical with any of the substances referred to in clause
10     (1), but not including the isoquinoline alkaloids of opium;
11         (3) opium poppy and poppy straw;
12         (4) coca leaves and any salts, compound, isomer, salt
13     of an isomer, derivative, or preparation of coca leaves
14     including cocaine or ecgonine, and any salt, compound,
15     isomer, derivative, or preparation thereof which is
16     chemically equivalent or identical with any of these
17     substances, but not including decocainized coca leaves or
18     extractions of coca leaves which do not contain cocaine or
19     ecgonine (for the purpose of this paragraph, the term
20     "isomer" includes optical, positional and geometric
21     isomers).
22     (bb) "Nurse" means a registered nurse licensed under the
23 Nursing and Advanced Practice Nursing Act.
24     (cc) (Blank).
25     (dd) "Opiate" means any substance having an addiction
26 forming or addiction sustaining liability similar to morphine



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1 or being capable of conversion into a drug having addiction
2 forming or addiction sustaining liability.
3     (ee) "Opium poppy" means the plant of the species Papaver
4 somniferum L., except its seeds.
5     (ff) "Parole and Pardon Board" means the Parole and Pardon
6 Board of the State of Illinois or its successor agency.
7     (gg) "Person" means any individual, corporation,
8 mail-order pharmacy, government or governmental subdivision or
9 agency, business trust, estate, trust, partnership or
10 association, or any other entity.
11     (hh) "Pharmacist" means any person who holds a certificate
12 of registration as a registered pharmacist, a local registered
13 pharmacist or a registered assistant pharmacist under the
14 Pharmacy Practice Act of 1987.
15     (ii) "Pharmacy" means any store, ship or other place in
16 which pharmacy is authorized to be practiced under the Pharmacy
17 Practice Act of 1987.
18     (jj) "Poppy straw" means all parts, except the seeds, of
19 the opium poppy, after mowing.
20     (kk) "Practitioner" means a physician licensed to practice
21 medicine in all its branches, dentist, podiatrist,
22 veterinarian, scientific investigator, pharmacist, physician
23 assistant, advanced practice nurse, licensed practical nurse,
24 registered nurse, hospital, laboratory, or pharmacy, or other
25 person licensed, registered, or otherwise lawfully permitted
26 by the United States or this State to distribute, dispense,



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1 conduct research with respect to, administer or use in teaching
2 or chemical analysis, a controlled substance in the course of
3 professional practice or research.
4     (ll) "Pre-printed prescription" means a written
5 prescription upon which the designated drug has been indicated
6 prior to the time of issuance.
7     (mm) "Prescriber" means a physician licensed to practice
8 medicine in all its branches, dentist, podiatrist or
9 veterinarian who issues a prescription, a physician assistant
10 who issues a prescription for a Schedule III, IV, or V
11 controlled substance in accordance with Section 303.05 and the
12 written guidelines required under Section 7.5 of the Physician
13 Assistant Practice Act of 1987, or an advanced practice nurse
14 with prescriptive authority in accordance with Section 303.05
15 and a written collaborative agreement under Sections 15-15 and
16 15-20 of the Nursing and Advanced Practice Nursing Act, or a
17 naturopathic physician who issues a prescription for a
18 controlled substance in accordance with the naturopathic
19 formulary established under Section 45 of the Naturopathic
20 Medical Practice Act.
21     (nn) "Prescription" means a lawful written, facsimile, or
22 verbal order of a physician licensed to practice medicine in
23 all its branches, dentist, podiatrist or veterinarian for any
24 controlled substance, of a physician assistant for a Schedule
25 III, IV, or V controlled substance in accordance with Section
26 303.05 and the written guidelines required under Section 7.5 of



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1 the Physician Assistant Practice Act of 1987, or of an advanced
2 practice nurse who issues a prescription for a Schedule III,
3 IV, or V controlled substance in accordance with Section 303.05
4 and a written collaborative agreement under Sections 15-15 and
5 15-20 of the Nursing and Advanced Practice Nursing Act.
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     (rr) "State" includes the State of Illinois and any state,
15 district, commonwealth, territory, insular possession thereof,
16 and any area subject to the legal authority of the United
17 States of America.
18     (ss) "Ultimate user" means a person who lawfully possesses
19 a controlled substance for his own use or for the use of a
20 member of his household or for administering to an animal owned
21 by him or by a member of his household.
22 (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03;
23 94-556, eff. 9-11-05.)