Full Text of SB3109 98th General Assembly
SB3109eng 98TH GENERAL ASSEMBLY |
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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 Illinois Optometric Practice Act of 1987 is | 5 | | amended by changing Section 15.1 as follows:
| 6 | | (225 ILCS 80/15.1)
| 7 | | (Section scheduled to be repealed on January 1, 2017)
| 8 | | Sec. 15.1. Diagnostic and therapeutic authority.
| 9 | | (a) For purposes of the Act, "ocular pharmaceutical
agents" | 10 | | means topical anesthetics, topical mydriatics, topical
| 11 | | cycloplegics, topical miotics and mydriatic reversing agents, | 12 | | anti-infective agents,
anti-allergy agents,
anti-glaucoma | 13 | | agents (except oral carbonic anhydrase inhibitors, which may be | 14 | | prescribed only in a quantity sufficient to provide treatment | 15 | | for up to 72 hours),
anti-inflammatory agents (except oral | 16 | | steroids), over-the-counter agents, analgesic
agents, anti-dry | 17 | | eye agents, and agents for the treatment of hypotrichosis. | 18 | | (a-3) In addition to ocular pharmaceutical agents that fall | 19 | | within the categories set forth in subsection (a) of this | 20 | | Section, the Board may add a pharmaceutical agent approved by | 21 | | the FDA or class of agents for the purpose of the diagnosis or | 22 | | treatment of conditions of the eye and adnexa after | 23 | | consideration of the agent's systemic effects, side effects, |
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| 1 | | and the use of the agent within the practice of optometry. The | 2 | | Board shall consider requests for additional agents and make | 3 | | recommendations within 90 days after the receipt of the | 4 | | request. | 5 | | Within 45 days after the Board's recommendation to the | 6 | | Department of a pharmaceutical agent or class of agents, the | 7 | | Department shall promulgate rules necessary to allow for the | 8 | | prescribing or administering of the pharmaceutical agent or | 9 | | class of agents under this Act. | 10 | | (a-5) Ocular pharmaceutical agents administered by | 11 | | injection may be used only for the treatment of anaphylaxis. | 12 | | (a-10) Oral pharmaceutical agents may be prescribed for a | 13 | | child under 5 years of age only in consultation with a | 14 | | physician licensed to practice medicine in all its branches. | 15 | | (a-15) The authority to prescribe a Schedule III, IV, or V | 16 | | controlled substance shall include only analgesic agents only | 17 | | in a quantity sufficient to provide treatment for up to 72 | 18 | | hours. The prescription of a Schedule II controlled substance | 19 | | is prohibited , except for Dihydrocodeinone (Hydrocodone) with | 20 | | one or more active, non-narcotic ingredients only in a quantity | 21 | | sufficient to provide treatment for up to 72 hours, and only if | 22 | | such formulations of Dihydrocodeinone are reclassified as | 23 | | Schedule II by the U.S. Food and Drug Administration .
| 24 | | (b) A licensed optometrist may remove superficial foreign | 25 | | bodies from the human eye and adnexa and may give orders for | 26 | | patient care to a nurse licensed to practice under Illinois |
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| 1 | | law.
| 2 | | (c) An optometrist's license shall be revoked or suspended | 3 | | by the Department
upon recommendation of the Board based upon | 4 | | either of the
following causes: | 5 | | (1) grave or repeated misuse of any ocular
| 6 | | pharmaceutical agent; and | 7 | | (2) the use of any agent or procedure in the course of | 8 | | optometric practice
by an optometrist not properly | 9 | | authorized under this Act. | 10 | | (d) The Secretary of Financial and Professional Regulation | 11 | | shall notify
the Director of Public Health as to the categories | 12 | | of ocular
pharmaceutical agents permitted for use by an | 13 | | optometrist. The Director of Public Health shall in turn
notify | 14 | | every licensed pharmacist in the State of the categories of | 15 | | ocular
pharmaceutical agents that can be utilized and | 16 | | prescribed by an optometrist.
| 17 | | (Source: P.A. 97-170, eff. 7-22-11.)
| 18 | | Section 10. The Illinois Controlled Substances Act is | 19 | | amended by changing Section 102 as follows: | 20 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 21 | | Sec. 102. Definitions. As used in this Act, unless the | 22 | | context
otherwise requires:
| 23 | | (a) "Addict" means any person who habitually uses any drug, | 24 | | chemical,
substance or dangerous drug other than alcohol so as |
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| 1 | | to endanger the public
morals, health, safety or welfare or who | 2 | | is so far addicted to the use of a
dangerous drug or controlled | 3 | | substance other than alcohol as to have lost
the power of self | 4 | | control with reference to his or her addiction.
| 5 | | (b) "Administer" means the direct application of a | 6 | | controlled
substance, whether by injection, inhalation, | 7 | | ingestion, or any other
means, to the body of a patient, | 8 | | research subject, or animal (as
defined by the Humane | 9 | | Euthanasia in Animal Shelters Act) by:
| 10 | | (1) a practitioner (or, in his or her presence, by his | 11 | | or her authorized agent),
| 12 | | (2) the patient or research subject pursuant to an | 13 | | order, or
| 14 | | (3) a euthanasia technician as defined by the Humane | 15 | | Euthanasia in
Animal Shelters Act.
| 16 | | (c) "Agent" means an authorized person who acts on behalf | 17 | | of or at
the direction of a manufacturer, distributor, | 18 | | dispenser, prescriber, or practitioner. It does not
include a | 19 | | common or contract carrier, public warehouseman or employee of
| 20 | | the carrier or warehouseman.
| 21 | | (c-1) "Anabolic Steroids" means any drug or hormonal | 22 | | substance,
chemically and pharmacologically related to | 23 | | testosterone (other than
estrogens, progestins, | 24 | | corticosteroids, and dehydroepiandrosterone),
and includes:
| 25 | | (i) 3[beta],17-dihydroxy-5a-androstane, | 26 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, |
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| 1 | | (iii) 5[alpha]-androstan-3,17-dione, | 2 | | (iv) 1-androstenediol (3[beta], | 3 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 4 | | (v) 1-androstenediol (3[alpha], | 5 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | 6 | | (vi) 4-androstenediol | 7 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), | 8 | | (vii) 5-androstenediol | 9 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), | 10 | | (viii) 1-androstenedione | 11 | | ([5alpha]-androst-1-en-3,17-dione), | 12 | | (ix) 4-androstenedione | 13 | | (androst-4-en-3,17-dione), | 14 | | (x) 5-androstenedione | 15 | | (androst-5-en-3,17-dione), | 16 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | 17 | | hydroxyandrost-4-en-3-one), | 18 | | (xii) boldenone (17[beta]-hydroxyandrost- | 19 | | 1,4,-diene-3-one), | 20 | | (xiii) boldione (androsta-1,4- | 21 | | diene-3,17-dione), | 22 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | 23 | | [beta]-hydroxyandrost-4-en-3-one), | 24 | | (xv) clostebol (4-chloro-17[beta]- | 25 | | hydroxyandrost-4-en-3-one), | 26 | | (xvi) dehydrochloromethyltestosterone (4-chloro- |
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| 1 | | 17[beta]-hydroxy-17[alpha]-methyl- | 2 | | androst-1,4-dien-3-one), | 3 | | (xvii) desoxymethyltestosterone | 4 | | (17[alpha]-methyl-5[alpha] | 5 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), | 6 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. | 7 | | '1-testosterone') (17[beta]-hydroxy- | 8 | | 5[alpha]-androst-1-en-3-one), | 9 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | 10 | | androstan-3-one), | 11 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | 12 | | 5[alpha]-androstan-3-one), | 13 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | 14 | | hydroxyestr-4-ene), | 15 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | 16 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | 17 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | 18 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | 19 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | 20 | | hydroxyandrostano[2,3-c]-furazan), | 21 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | 22 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | 23 | | androst-4-en-3-one), | 24 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | 25 | | dihydroxy-estr-4-en-3-one), | 26 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- |
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| 1 | | hydroxy-5-androstan-3-one), | 2 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | 3 | | [5a]-androstan-3-one), | 4 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- | 5 | | hydroxyandrost-1,4-dien-3-one), | 6 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | 7 | | dihydroxyandrost-5-ene), | 8 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | 9 | | 5[alpha]-androst-1-en-3-one), | 10 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | 11 | | dihydroxy-5a-androstane), | 12 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | 13 | | -5a-androstane), | 14 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | 15 | | dihydroxyandrost-4-ene), | 16 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | 17 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | 18 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | 19 | | hydroxyestra-4,9(10)-dien-3-one), | 20 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | 21 | | hydroxyestra-4,9-11-trien-3-one), | 22 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | 23 | | hydroxyandrost-4-en-3-one), | 24 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | 25 | | hydroxyestr-4-en-3-one), | 26 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone |
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| 1 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | 2 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | 3 | | 1-testosterone'), | 4 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | 5 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | 6 | | dihydroxyestr-4-ene), | 7 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | 8 | | dihydroxyestr-4-ene), | 9 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | 10 | | dihydroxyestr-5-ene), | 11 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | 12 | | dihydroxyestr-5-ene), | 13 | | (xlvii) 19-nor-4,9(10)-androstadienedione | 14 | | (estra-4,9(10)-diene-3,17-dione), | 15 | | (xlviii) 19-nor-4-androstenedione (estr-4- | 16 | | en-3,17-dione), | 17 | | (xlix) 19-nor-5-androstenedione (estr-5- | 18 | | en-3,17-dione), | 19 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | 20 | | hydroxygon-4-en-3-one), | 21 | | (li) norclostebol (4-chloro-17[beta]- | 22 | | hydroxyestr-4-en-3-one), | 23 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | 24 | | hydroxyestr-4-en-3-one), | 25 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | 26 | | hydroxyestr-4-en-3-one), |
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| 1 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | 2 | | 2-oxa-5[alpha]-androstan-3-one), | 3 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | 4 | | dihydroxyandrost-4-en-3-one), | 5 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | 6 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | 7 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | 8 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | 9 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | 10 | | (5[alpha]-androst-1-en-3-one), | 11 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- | 12 | | secoandrosta-1,4-dien-17-oic | 13 | | acid lactone), | 14 | | (lx) testosterone (17[beta]-hydroxyandrost- | 15 | | 4-en-3-one), | 16 | | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | 17 | | diethyl-17[beta]-hydroxygon- | 18 | | 4,9,11-trien-3-one), | 19 | | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | 20 | | 11-trien-3-one).
| 21 | | Any person who is otherwise lawfully in possession of an | 22 | | anabolic
steroid, or who otherwise lawfully manufactures, | 23 | | distributes, dispenses,
delivers, or possesses with intent to | 24 | | deliver an anabolic steroid, which
anabolic steroid is | 25 | | expressly intended for and lawfully allowed to be
administered | 26 | | through implants to livestock or other nonhuman species, and
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| 1 | | which is approved by the Secretary of Health and Human Services | 2 | | for such
administration, and which the person intends to | 3 | | administer or have
administered through such implants, shall | 4 | | not be considered to be in
unauthorized possession or to | 5 | | unlawfully manufacture, distribute, dispense,
deliver, or | 6 | | possess with intent to deliver such anabolic steroid for
| 7 | | purposes of this Act.
| 8 | | (d) "Administration" means the Drug Enforcement | 9 | | Administration,
United States Department of Justice, or its | 10 | | successor agency.
| 11 | | (d-5) "Clinical Director, Prescription Monitoring Program" | 12 | | means a Department of Human Services administrative employee | 13 | | licensed to either prescribe or dispense controlled substances | 14 | | who shall run the clinical aspects of the Department of Human | 15 | | Services Prescription Monitoring Program and its Prescription | 16 | | Information Library. | 17 | | (d-10) "Compounding" means the preparation and mixing of | 18 | | components, excluding flavorings, (1) as the result of a | 19 | | prescriber's prescription drug order or initiative based on the | 20 | | prescriber-patient-pharmacist relationship in the course of | 21 | | professional practice or (2) for the purpose of, or incident | 22 | | to, research, teaching, or chemical analysis and not for sale | 23 | | or dispensing. "Compounding" includes the preparation of drugs | 24 | | or devices in anticipation of receiving prescription drug | 25 | | orders based on routine, regularly observed dispensing | 26 | | patterns. Commercially available products may be compounded |
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| 1 | | for dispensing to individual patients only if both of the | 2 | | following conditions are met: (i) the commercial product is not | 3 | | reasonably available from normal distribution channels in a | 4 | | timely manner to meet the patient's needs and (ii) the | 5 | | prescribing practitioner has requested that the drug be | 6 | | compounded. | 7 | | (e) "Control" means to add a drug or other substance, or | 8 | | immediate
precursor, to a Schedule whether by
transfer from | 9 | | another Schedule or otherwise.
| 10 | | (f) "Controlled Substance" means (i) a drug, substance, or | 11 | | immediate
precursor in the Schedules of Article II of this Act | 12 | | or (ii) a drug or other substance, or immediate precursor, | 13 | | designated as a controlled substance by the Department through | 14 | | administrative rule. The term does not include distilled | 15 | | spirits, wine, malt beverages, or tobacco, as those terms are
| 16 | | defined or used in the Liquor Control Act of 1934 and the | 17 | | Tobacco Products Tax
Act of 1995 .
| 18 | | (f-5) "Controlled substance analog" means a substance: | 19 | | (1) the chemical structure of which is substantially | 20 | | similar to the chemical structure of a controlled substance | 21 | | in Schedule I or II; | 22 | | (2) which has a stimulant, depressant, or | 23 | | hallucinogenic effect on the central nervous system that is | 24 | | substantially similar to or greater than the stimulant, | 25 | | depressant, or hallucinogenic effect on the central | 26 | | nervous system of a controlled substance in Schedule I or |
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| 1 | | II; or | 2 | | (3) with respect to a particular person, which such | 3 | | person represents or intends to have a stimulant, | 4 | | depressant, or hallucinogenic effect on the central | 5 | | nervous system that is substantially similar to or greater | 6 | | than the stimulant, depressant, or hallucinogenic effect | 7 | | on the central nervous system of a controlled substance in | 8 | | Schedule I or II. | 9 | | (g) "Counterfeit substance" means a controlled substance, | 10 | | which, or
the container or labeling of which, without | 11 | | authorization bears the
trademark, trade name, or other | 12 | | identifying mark, imprint, number or
device, or any likeness | 13 | | thereof, of a manufacturer, distributor, or
dispenser other | 14 | | than the person who in fact manufactured, distributed,
or | 15 | | dispensed the substance.
| 16 | | (h) "Deliver" or "delivery" means the actual, constructive | 17 | | or
attempted transfer of possession of a controlled substance, | 18 | | with or
without consideration, whether or not there is an | 19 | | agency relationship.
| 20 | | (i) "Department" means the Illinois Department of Human | 21 | | Services (as
successor to the Department of Alcoholism and | 22 | | Substance Abuse) or its successor agency.
| 23 | | (j) (Blank).
| 24 | | (k) "Department of Corrections" means the Department of | 25 | | Corrections
of the State of Illinois or its successor agency.
| 26 | | (l) "Department of Financial and Professional Regulation" |
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| 1 | | means the Department
of Financial and Professional Regulation | 2 | | of the State of Illinois or its successor agency.
| 3 | | (m) "Depressant" means any drug that (i) causes an overall | 4 | | depression of central nervous system functions, (ii) causes | 5 | | impaired consciousness and awareness, and (iii) can be | 6 | | habit-forming or lead to a substance abuse problem, including | 7 | | but not limited to alcohol, cannabis and its active principles | 8 | | and their analogs, benzodiazepines and their analogs, | 9 | | barbiturates and their analogs, opioids (natural and | 10 | | synthetic) and their analogs, and chloral hydrate and similar | 11 | | sedative hypnotics.
| 12 | | (n) (Blank).
| 13 | | (o) "Director" means the Director of the Illinois State | 14 | | Police or his or her designated agents.
| 15 | | (p) "Dispense" means to deliver a controlled substance to | 16 | | an
ultimate user or research subject by or pursuant to the | 17 | | lawful order of
a prescriber, including the prescribing, | 18 | | administering, packaging,
labeling, or compounding necessary | 19 | | to prepare the substance for that
delivery.
| 20 | | (q) "Dispenser" means a practitioner who dispenses.
| 21 | | (r) "Distribute" means to deliver, other than by | 22 | | administering or
dispensing, a controlled substance.
| 23 | | (s) "Distributor" means a person who distributes.
| 24 | | (t) "Drug" means (1) substances recognized as drugs in the | 25 | | official
United States Pharmacopoeia, Official Homeopathic | 26 | | Pharmacopoeia of the
United States, or official National |
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| 1 | | Formulary, or any supplement to any
of them; (2) substances | 2 | | intended for use in diagnosis, cure, mitigation,
treatment, or | 3 | | prevention of disease in man or animals; (3) substances
(other | 4 | | than food) intended to affect the structure of any function of
| 5 | | the body of man or animals and (4) substances intended for use | 6 | | as a
component of any article specified in clause (1), (2), or | 7 | | (3) of this
subsection. It does not include devices or their | 8 | | components, parts, or
accessories.
| 9 | | (t-5) "Euthanasia agency" means
an entity certified by the | 10 | | Department of Financial and Professional Regulation for the
| 11 | | purpose of animal euthanasia that holds an animal control | 12 | | facility license or
animal
shelter license under the Animal | 13 | | Welfare Act. A euthanasia agency is
authorized to purchase, | 14 | | store, possess, and utilize Schedule II nonnarcotic and
| 15 | | Schedule III nonnarcotic drugs for the sole purpose of animal | 16 | | euthanasia.
| 17 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 18 | | substances
(nonnarcotic controlled substances) that are used | 19 | | by a euthanasia agency for
the purpose of animal euthanasia.
| 20 | | (u) "Good faith" means the prescribing or dispensing of a | 21 | | controlled
substance by a practitioner in the regular course of | 22 | | professional
treatment to or for any person who is under his or | 23 | | her treatment for a
pathology or condition other than that | 24 | | individual's physical or
psychological dependence upon or | 25 | | addiction to a controlled substance,
except as provided herein: | 26 | | and application of the term to a pharmacist
shall mean the |
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| 1 | | dispensing of a controlled substance pursuant to the
| 2 | | prescriber's order which in the professional judgment of the | 3 | | pharmacist
is lawful. The pharmacist shall be guided by | 4 | | accepted professional
standards including, but not limited to | 5 | | the following, in making the
judgment:
| 6 | | (1) lack of consistency of prescriber-patient | 7 | | relationship,
| 8 | | (2) frequency of prescriptions for same drug by one | 9 | | prescriber for
large numbers of patients,
| 10 | | (3) quantities beyond those normally prescribed,
| 11 | | (4) unusual dosages (recognizing that there may be | 12 | | clinical circumstances where more or less than the usual | 13 | | dose may be used legitimately),
| 14 | | (5) unusual geographic distances between patient, | 15 | | pharmacist and
prescriber,
| 16 | | (6) consistent prescribing of habit-forming drugs.
| 17 | | (u-0.5) "Hallucinogen" means a drug that causes markedly | 18 | | altered sensory perception leading to hallucinations of any | 19 | | type. | 20 | | (u-1) "Home infusion services" means services provided by a | 21 | | pharmacy in
compounding solutions for direct administration to | 22 | | a patient in a private
residence, long-term care facility, or | 23 | | hospice setting by means of parenteral,
intravenous, | 24 | | intramuscular, subcutaneous, or intraspinal infusion.
| 25 | | (u-5) "Illinois State Police" means the State
Police of the | 26 | | State of Illinois, or its successor agency. |
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| 1 | | (v) "Immediate precursor" means a substance:
| 2 | | (1) which the Department has found to be and by rule | 3 | | designated as
being a principal compound used, or produced | 4 | | primarily for use, in the
manufacture of a controlled | 5 | | substance;
| 6 | | (2) which is an immediate chemical intermediary used or | 7 | | likely to
be used in the manufacture of such controlled | 8 | | substance; and
| 9 | | (3) the control of which is necessary to prevent, | 10 | | curtail or limit
the manufacture of such controlled | 11 | | substance.
| 12 | | (w) "Instructional activities" means the acts of teaching, | 13 | | educating
or instructing by practitioners using controlled | 14 | | substances within
educational facilities approved by the State | 15 | | Board of Education or
its successor agency.
| 16 | | (x) "Local authorities" means a duly organized State, | 17 | | County or
Municipal peace unit or police force.
| 18 | | (y) "Look-alike substance" means a substance, other than a | 19 | | controlled
substance which (1) by overall dosage unit | 20 | | appearance, including shape,
color, size, markings or lack | 21 | | thereof, taste, consistency, or any other
identifying physical | 22 | | characteristic of the substance, would lead a reasonable
person | 23 | | to believe that the substance is a controlled substance, or (2) | 24 | | is
expressly or impliedly represented to be a controlled | 25 | | substance or is
distributed under circumstances which would | 26 | | lead a reasonable person to
believe that the substance is a |
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| 1 | | controlled substance. For the purpose of
determining whether | 2 | | the representations made or the circumstances of the
| 3 | | distribution would lead a reasonable person to believe the | 4 | | substance to be
a controlled substance under this clause (2) of | 5 | | subsection (y), the court or
other authority may consider the | 6 | | following factors in addition to any other
factor that may be | 7 | | relevant:
| 8 | | (a) statements made by the owner or person in control | 9 | | of the substance
concerning its nature, use or effect;
| 10 | | (b) statements made to the buyer or recipient that the | 11 | | substance may
be resold for profit;
| 12 | | (c) whether the substance is packaged in a manner | 13 | | normally used for the
illegal distribution of controlled | 14 | | substances;
| 15 | | (d) whether the distribution or attempted distribution | 16 | | included an
exchange of or demand for money or other | 17 | | property as consideration, and
whether the amount of the | 18 | | consideration was substantially greater than the
| 19 | | reasonable retail market value of the substance.
| 20 | | Clause (1) of this subsection (y) shall not apply to a | 21 | | noncontrolled
substance in its finished dosage form that was | 22 | | initially introduced into
commerce prior to the initial | 23 | | introduction into commerce of a controlled
substance in its | 24 | | finished dosage form which it may substantially resemble.
| 25 | | Nothing in this subsection (y) prohibits the dispensing or | 26 | | distributing
of noncontrolled substances by persons authorized |
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| 1 | | to dispense and
distribute controlled substances under this | 2 | | Act, provided that such action
would be deemed to be carried | 3 | | out in good faith under subsection (u) if the
substances | 4 | | involved were controlled substances.
| 5 | | Nothing in this subsection (y) or in this Act prohibits the | 6 | | manufacture,
preparation, propagation, compounding, | 7 | | processing, packaging, advertising
or distribution of a drug or | 8 | | drugs by any person registered pursuant to
Section 510 of the | 9 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 10 | | (y-1) "Mail-order pharmacy" means a pharmacy that is | 11 | | located in a state
of the United States that delivers, | 12 | | dispenses or
distributes, through the United States Postal | 13 | | Service or other common
carrier, to Illinois residents, any | 14 | | substance which requires a prescription.
| 15 | | (z) "Manufacture" means the production, preparation, | 16 | | propagation,
compounding, conversion or processing of a | 17 | | controlled substance other than methamphetamine, either
| 18 | | directly or indirectly, by extraction from substances of | 19 | | natural origin,
or independently by means of chemical | 20 | | synthesis, or by a combination of
extraction and chemical | 21 | | synthesis, and includes any packaging or
repackaging of the | 22 | | substance or labeling of its container, except that
this term | 23 | | does not include:
| 24 | | (1) by an ultimate user, the preparation or compounding | 25 | | of a
controlled substance for his or her own use; or
| 26 | | (2) by a practitioner, or his or her authorized agent |
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| 1 | | under his or her
supervision, the preparation, | 2 | | compounding, packaging, or labeling of a
controlled | 3 | | substance:
| 4 | | (a) as an incident to his or her administering or | 5 | | dispensing of a
controlled substance in the course of | 6 | | his or her professional practice; or
| 7 | | (b) as an incident to lawful research, teaching or | 8 | | chemical
analysis and not for sale.
| 9 | | (z-1) (Blank).
| 10 | | (z-5) "Medication shopping" means the conduct prohibited | 11 | | under subsection (a) of Section 314.5 of this Act. | 12 | | (z-10) "Mid-level practitioner" means (i) a physician | 13 | | assistant who has been delegated authority to prescribe through | 14 | | a written delegation of authority by a physician licensed to | 15 | | practice medicine in all of its branches, in accordance with | 16 | | Section 7.5 of the Physician Assistant Practice Act of 1987, | 17 | | (ii) an advanced practice nurse who has been delegated | 18 | | authority to prescribe through a written delegation of | 19 | | authority by a physician licensed to practice medicine in all | 20 | | of its branches or by a podiatric physician, in accordance with | 21 | | Section 65-40 of the Nurse Practice Act, or (iii) an animal | 22 | | euthanasia agency. | 23 | | (aa) "Narcotic drug" means any of the following, whether | 24 | | produced
directly or indirectly by extraction from substances | 25 | | of vegetable origin,
or independently by means of chemical | 26 | | synthesis, or by a combination of
extraction and chemical |
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| 1 | | synthesis:
| 2 | | (1) opium, opiates, derivatives of opium and opiates, | 3 | | including their isomers, esters, ethers, salts, and salts | 4 | | of isomers, esters, and ethers, whenever the existence of | 5 | | such isomers, esters, ethers, and salts is possible within | 6 | | the specific chemical designation; however the term | 7 | | "narcotic drug" does not include the isoquinoline | 8 | | alkaloids of opium;
| 9 | | (2) (blank);
| 10 | | (3) opium poppy and poppy straw;
| 11 | | (4) coca leaves, except coca leaves and extracts of | 12 | | coca leaves from which substantially all of the cocaine and | 13 | | ecgonine, and their isomers, derivatives and salts, have | 14 | | been removed;
| 15 | | (5) cocaine, its salts, optical and geometric isomers, | 16 | | and salts of isomers; | 17 | | (6) ecgonine, its derivatives, their salts, isomers, | 18 | | and salts of isomers; | 19 | | (7) any compound, mixture, or preparation which | 20 | | contains any quantity of any of the substances referred to | 21 | | in subparagraphs (1) through (6). | 22 | | (bb) "Nurse" means a registered nurse licensed under the
| 23 | | Nurse Practice 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 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | 6 | | solution or other liquid form of medication intended for | 7 | | administration by mouth, but the term does not include a form | 8 | | of medication intended for buccal, sublingual, or transmucosal | 9 | | administration. | 10 | | (ff) "Parole and Pardon Board" means the Parole and Pardon | 11 | | Board of
the State of Illinois or its successor agency.
| 12 | | (gg) "Person" means any individual, corporation, | 13 | | mail-order pharmacy,
government or governmental subdivision or | 14 | | agency, business trust, estate,
trust, partnership or | 15 | | association, or any other entity.
| 16 | | (hh) "Pharmacist" means any person who holds a license or | 17 | | certificate of
registration as a registered pharmacist, a local | 18 | | registered pharmacist
or a registered assistant pharmacist | 19 | | under the Pharmacy Practice Act.
| 20 | | (ii) "Pharmacy" means any store, ship or other place in | 21 | | which
pharmacy is authorized to be practiced under the Pharmacy | 22 | | Practice Act.
| 23 | | (ii-5) "Pharmacy shopping" means the conduct prohibited | 24 | | under subsection (b) of Section 314.5 of this Act. | 25 | | (ii-10) "Physician" (except when the context otherwise | 26 | | requires) means a person licensed to practice medicine in all |
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| 1 | | of its branches. | 2 | | (jj) "Poppy straw" means all parts, except the seeds, of | 3 | | the opium
poppy, after mowing.
| 4 | | (kk) "Practitioner" means a physician licensed to practice | 5 | | medicine in all
its branches, dentist, optometrist, podiatric | 6 | | physician,
veterinarian, scientific investigator, pharmacist, | 7 | | physician assistant,
advanced practice nurse,
licensed | 8 | | practical
nurse, registered nurse, hospital, laboratory, or | 9 | | pharmacy, or other
person licensed, registered, or otherwise | 10 | | lawfully permitted by the
United States or this State to | 11 | | distribute, dispense, conduct research
with respect to, | 12 | | administer or use in teaching or chemical analysis, a
| 13 | | controlled substance in the course of professional practice or | 14 | | research.
| 15 | | (ll) "Pre-printed prescription" means a written | 16 | | prescription upon which
the designated drug has been indicated | 17 | | prior to the time of issuance; the term does not mean a written | 18 | | prescription that is individually generated by machine or | 19 | | computer in the prescriber's office.
| 20 | | (mm) "Prescriber" means a physician licensed to practice | 21 | | medicine in all
its branches, dentist, optometrist, podiatric | 22 | | physician or
veterinarian who issues a prescription, a | 23 | | physician assistant who
issues a
prescription for a controlled | 24 | | substance
in accordance
with Section 303.05, a written | 25 | | delegation, and a written supervision agreement required under | 26 | | Section 7.5
of the
Physician Assistant Practice Act of 1987, or |
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| 1 | | an advanced practice
nurse with prescriptive authority | 2 | | delegated under Section 65-40 of the Nurse Practice Act and in | 3 | | accordance with Section 303.05, a written delegation,
and a | 4 | | written
collaborative agreement under Section 65-35 of the | 5 | | Nurse Practice Act.
| 6 | | (nn) "Prescription" means a written, facsimile, or oral | 7 | | order, or an electronic order that complies with applicable | 8 | | federal requirements,
of
a physician licensed to practice | 9 | | medicine in all its branches,
dentist, podiatric physician or | 10 | | veterinarian for any controlled
substance, of an optometrist | 11 | | for a Schedule II, III, IV, or V controlled substance in | 12 | | accordance with Section 15.1 of the Illinois Optometric | 13 | | Practice Act of 1987, of a physician assistant for a
controlled | 14 | | substance
in accordance with Section 303.05, a written | 15 | | delegation, and a written supervision agreement required under
| 16 | | Section 7.5 of the
Physician Assistant Practice Act of 1987, or | 17 | | of an advanced practice
nurse with prescriptive authority | 18 | | delegated under Section 65-40 of the Nurse Practice Act who | 19 | | issues a prescription for a
controlled substance in accordance
| 20 | | with
Section 303.05, a written delegation, and a written | 21 | | collaborative agreement under Section 65-35 of the Nurse | 22 | | Practice Act when required by law.
| 23 | | (nn-5) "Prescription Information Library" (PIL) means an | 24 | | electronic library that contains reported controlled substance | 25 | | data. | 26 | | (nn-10) "Prescription Monitoring Program" (PMP) means the |
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| 1 | | entity that collects, tracks, and stores reported data on | 2 | | controlled substances and select drugs pursuant to Section 316. | 3 | | (oo) "Production" or "produce" means manufacture, | 4 | | planting,
cultivating, growing, or harvesting of a controlled | 5 | | substance other than methamphetamine.
| 6 | | (pp) "Registrant" means every person who is required to | 7 | | register
under Section 302 of this Act.
| 8 | | (qq) "Registry number" means the number assigned to each | 9 | | person
authorized to handle controlled substances under the | 10 | | laws of the United
States and of this State.
| 11 | | (qq-5) "Secretary" means, as the context requires, either | 12 | | the Secretary of the Department or the Secretary of the | 13 | | Department of Financial and Professional Regulation, and the | 14 | | Secretary's designated agents. | 15 | | (rr) "State" includes the State of Illinois and any state, | 16 | | district,
commonwealth, territory, insular possession thereof, | 17 | | and any area
subject to the legal authority of the United | 18 | | States of America.
| 19 | | (rr-5) "Stimulant" means any drug that (i) causes an | 20 | | overall excitation of central nervous system functions, (ii) | 21 | | causes impaired consciousness and awareness, and (iii) can be | 22 | | habit-forming or lead to a substance abuse problem, including | 23 | | but not limited to amphetamines and their analogs, | 24 | | methylphenidate and its analogs, cocaine, and phencyclidine | 25 | | and its analogs. | 26 | | (ss) "Ultimate user" means a person who lawfully possesses |
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| 1 | | a
controlled substance for his or her own use or for the use of | 2 | | a member of his or her
household or for administering to an | 3 | | animal owned by him or her or by a member
of his or her | 4 | | household.
| 5 | | (Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; revised | 6 | | 11-12-13.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law. |
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