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90_HB0557eng
225 ILCS 95/6 from Ch. 111, par. 4606
Amends the Physician Assistant Practice Act of 1987 to
add a caption.
LRB9002898DPpk
HB0557 Engrossed LRB9002898DPpk
1 AN ACT concerning physician assistants, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Pharmacy Practice Act of 1987 is amended
6 by changing Sections 3 and 4 as follows:
7 (225 ILCS 85/3) (from Ch. 111, par. 4123)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 3. For the purpose of this Act, except where
10 otherwise limited therein:
11 (a) "Pharmacy" or "Drugstore" means and includes every
12 store, or shop, pharmacy department, or other place where:
13 (l) pharmaceutical care is provided by a pharmacist; or (2)
14 drugs, medicines, or poisons are dispensed, or sold or
15 offered for sale at retail; or displayed for sale at retail;
16 or (3) where prescriptions of physicians, dentists,
17 veterinarians, or other persons authorized to prescribe drugs
18 within the limits of their licenses are compounded, filled,
19 or dispensed; or (4) which has upon it or displayed within
20 it, or affixed to or used in connection with it, a sign
21 bearing the word or words "Pharmacist", "Druggist",
22 "Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
23 "Prescriptions", "Drugs", "Medicines", or any word or words
24 of similar or like import, either in the English language or
25 any other language; or (5) where the characteristic
26 prescription sign (Rx) or similar design is exhibited; or (6)
27 any store, or shop, or other place with respect to which any
28 of the above words, objects, signs or designs are used in any
29 advertisement.
30 (b) "Drugs" means and includes (l) articles recognized
31 in the official United States Pharmacopoeia/National
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1 Formulary (USP/NF), or any supplement thereto and being
2 intended for and having for their main use the diagnosis,
3 cure, mitigation, treatment or prevention of disease in man
4 or other animals, as approved by the United States Food and
5 Drug Administration, but does not include devices or their
6 components, parts, or accessories; and (2) all other articles
7 intended for and having for their main use the diagnosis,
8 cure, mitigation, treatment or prevention of disease in man
9 or other animals, as approved by the United States Food and
10 Drug Administration, but does not include devices or their
11 components, parts, or accessories; and (3) articles (other
12 than food) having for their main use and intended to affect
13 the structure or any function of the body of man or other
14 animals; and (4) articles having for their main use and
15 intended for use as a component or any articles specified in
16 clause (l), (2) or (3); but does not include devices or their
17 components, parts or accessories.
18 (c) "Medicines" means and includes all drugs intended
19 for human or veterinary use approved by the United States
20 Food and Drug Administration.
21 (d) "Practice of pharmacy" means the provision of
22 pharmaceutical care to patients which may include, but is not
23 limited to, (1) patient counseling, (2) interpretation and
24 assisting in the monitoring of appropriate drug use and
25 prospective drug utilization review, (3) providing
26 information on the therapeutic values, reactions, drug
27 interactions, side effects, uses, selection of medications
28 and medical devices, and outcome of drug therapy, (4)
29 participation in drug selection, drug monitoring, drug
30 utilization review, evaluation, administration,
31 interpretation, and applying pharmacokinetic and laboratory
32 data to design safe and effective drug regimens and drug
33 research (clinical and scientific) when applicable in the
34 pharmacist's professional judgment, and (6) compounding and
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1 dispensing of drugs and medical devices.
2 (e) "Prescription" means and includes any order for
3 drugs or medical devices, issued by a physician licensed to
4 practice medicine in all its branches, dentist, veterinarian,
5 or podiatrist, or by a physician assistant in accordance with
6 subsection (f) of Section 4, containing the following: (l)
7 Name of the patient; (2) date when prescription was given;
8 (3) name and strength of drug or description of the medical
9 device prescribed; and (4) quantity, (5) directions for use,
10 (6) prescriber's name, address and signature, and (7) DEA
11 number where required, for controlled substances. DEA numbers
12 shall not be required on inpatient drug orders.
13 (f) "Person" means and includes a natural person,
14 copartnership, association, or corporation.
15 (g) "Department" means the Department of Professional
16 Regulation.
17 (h) "Board of Pharmacy" or "Board" means the State Board
18 of Pharmacy of the Department of Professional Regulation.
19 (i) "Director" means the Director of Professional
20 Regulation.
21 (j) "Drug product selection" means the interchange for a
22 prescribed pharmaceutical product in accordance with Section
23 25 of this Act and Section 3.14 of the Illinois Food, Drug
24 and Cosmetic Act.
25 (k) "Inpatient drug order" means an order issued by an
26 authorized prescriber for a resident or patient of a facility
27 licensed under the Nursing Home Care Act or the Hospital
28 Licensing Act, or "An Act in relation to the founding and
29 operation of the University of Illinois Hospital and the
30 conduct of University of Illinois health care programs",
31 approved July 3, 1931, as amended, or a facility which is
32 operated by the Department of Mental Health and Developmental
33 Disabilities or the Department of Corrections.
34 (l) "Pharmacist in charge" means the licensed pharmacist
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1 whose name appears on a pharmacy license who is responsible
2 for all aspects of the operation related to the practice of
3 pharmacy.
4 (m) "Dispense" means the delivery of drugs and medical
5 devices, in accordance with applicable State and federal laws
6 and regulations, to the patient or the patient's
7 representative authorized to receive these products,
8 including the compounding, packaging, and labeling necessary
9 for delivery, and any recommending or advising concerning the
10 contents and therapeutic values and uses thereof.
11 (n) "Mail-order pharmacy" means a pharmacy that is
12 located in a state of the United States, other than Illinois,
13 that delivers, dispenses or distributes, through the United
14 States Postal Service or other common carrier, to Illinois
15 residents, any substance which requires a prescription.
16 (o) "Compounding" means the preparation, mixing,
17 assembling, packaging, or labeling of a drug or medical
18 device: (1) as the result of a practitioner's prescription
19 drug order or initiative that is dispensed pursuant to a
20 prescription in the course of professional practice; or (2)
21 for the purpose of, or incident to, research, teaching, or
22 chemical analysis and not for sale or dispensing a
23 prescriber's order; or (3) the preparation of drugs or
24 medical devices in anticipation of prescription drug orders
25 based on routine, regularly observed prescribing patterns.
26 (p) "Confidential information" means information,
27 maintained by the pharmacist in the patient's records,
28 released only (i) to the patient or, as the patient directs,
29 to other practitioners and other pharmacists or (ii) to any
30 other person or governmental agency authorized by law to
31 receive the information.
32 (q) "Prospective drug review" or "drug utilization
33 evaluation" means a review of the screening for potential
34 drug therapy problems due to therapeutic duplication,
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1 drug-disease contraindications, drug-drug interactions
2 (including serious interactions with nonprescription or
3 over-the-counter drugs), incorrect drug dosage or duration of
4 drug treatment, drug-allergy interactions, and clinical abuse
5 or misuse.
6 (r) "Patient counseling" means the offer to counsel
7 shall be made by the pharmacist or the pharmacist's designee
8 in a face-to-face communication with the patient, unless, in
9 the professional judgment of the pharmacists it is deemed
10 inappropriate or unnecessary. In such instances, it would be
11 permissible for the offer to counsel to be made in a written
12 communication, by telephone or in a manner determined by the
13 pharmacist to be appropriate.
14 (s) "Patient profiles" or "patient drug therapy record"
15 means the obtaining, recording, and maintenance of patient
16 information.
17 (t) "Pharmaceutical care" includes, but is not limited
18 to, the act of monitoring drug use and other patient care
19 services intended to achieve outcomes that improve the
20 patient's quality of life but shall not include the sale of
21 over-the-counter drugs by a seller of goods and services who
22 does not dispense prescription drugs.
23 (u) "Medical device" means an instrument, apparatus,
24 implement, machine, contrivance, implant, in vitro reagent,
25 or other similar or related article, including any component
26 part or accessory, required under federal law to bear the
27 label "Caution: Federal law requires dispensing by or on the
28 order of a physician". A seller of goods and services who,
29 only for the purpose of retail sales, compounds, sells,
30 rents, or leases medical devices shall not, by reasons
31 thereof, be required to be a licensed pharmacy.
32 (Source: P.A. 89-202, eff. 7-21-95.)
33 (Text of Section after amendment by P.A. 89-507)
34 Sec. 3. For the purpose of this Act, except where
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1 otherwise limited therein:
2 (a) "Pharmacy" or "Drugstore" means and includes every
3 store, or shop, pharmacy department, or other place where:
4 (l) pharmaceutical care is provided by a pharmacist; or (2)
5 drugs, medicines, or poisons are dispensed, or sold or
6 offered for sale at retail; or displayed for sale at retail;
7 or (3) where prescriptions of physicians, dentists,
8 veterinarians, or other persons authorized to prescribe drugs
9 within the limits of their licenses are compounded, filled,
10 or dispensed; or (4) which has upon it or displayed within
11 it, or affixed to or used in connection with it, a sign
12 bearing the word or words "Pharmacist", "Druggist",
13 "Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
14 "Prescriptions", "Drugs", "Medicines", or any word or words
15 of similar or like import, either in the English language or
16 any other language; or (5) where the characteristic
17 prescription sign (Rx) or similar design is exhibited; or (6)
18 any store, or shop, or other place with respect to which any
19 of the above words, objects, signs or designs are used in any
20 advertisement.
21 (b) "Drugs" means and includes (l) articles recognized
22 in the official United States Pharmacopoeia/National
23 Formulary (USP/NF), or any supplement thereto and being
24 intended for and having for their main use the diagnosis,
25 cure, mitigation, treatment or prevention of disease in man
26 or other animals, as approved by the United States Food and
27 Drug Administration, but does not include devices or their
28 components, parts, or accessories; and (2) all other articles
29 intended for and having for their main use the diagnosis,
30 cure, mitigation, treatment or prevention of disease in man
31 or other animals, as approved by the United States Food and
32 Drug Administration, but does not include devices or their
33 components, parts, or accessories; and (3) articles (other
34 than food) having for their main use and intended to affect
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1 the structure or any function of the body of man or other
2 animals; and (4) articles having for their main use and
3 intended for use as a component or any articles specified in
4 clause (l), (2) or (3); but does not include devices or their
5 components, parts or accessories.
6 (c) "Medicines" means and includes all drugs intended
7 for human or veterinary use approved by the United States
8 Food and Drug Administration.
9 (d) "Practice of pharmacy" means the provision of
10 pharmaceutical care to patients which may include, but is not
11 limited to, (1) patient counseling, (2) interpretation and
12 assisting in the monitoring of appropriate drug use and
13 prospective drug utilization review, (3) providing
14 information on the therapeutic values, reactions, drug
15 interactions, side effects, uses, selection of medications
16 and medical devices, and outcome of drug therapy, (4)
17 participation in drug selection, drug monitoring, drug
18 utilization review, evaluation, administration,
19 interpretation, and applying pharmacokinetic and laboratory
20 data to design safe and effective drug regimens and drug
21 research (clinical and scientific) when applicable in the
22 pharmacist's professional judgment, and (6) compounding and
23 dispensing of drugs and medical devices.
24 (e) "Prescription" means and includes any order for
25 drugs or medical devices, issued by a physician licensed to
26 practice medicine in all its branches, dentist, veterinarian,
27 or podiatrist, or by a physician assistant in accordance with
28 subsection (f) of Section 4, containing the following: (l)
29 Name of the patient; (2) date when prescription was given;
30 (3) name and strength of drug or description of the medical
31 device prescribed; and (4) quantity, (5) directions for use,
32 (6) prescriber's name, address and signature, and (7) DEA
33 number where required, for controlled substances. DEA numbers
34 shall not be required on inpatient drug orders.
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1 (f) "Person" means and includes a natural person,
2 copartnership, association, or corporation.
3 (g) "Department" means the Department of Professional
4 Regulation.
5 (h) "Board of Pharmacy" or "Board" means the State Board
6 of Pharmacy of the Department of Professional Regulation.
7 (i) "Director" means the Director of Professional
8 Regulation.
9 (j) "Drug product selection" means the interchange for a
10 prescribed pharmaceutical product in accordance with Section
11 25 of this Act and Section 3.14 of the Illinois Food, Drug
12 and Cosmetic Act.
13 (k) "Inpatient drug order" means an order issued by an
14 authorized prescriber for a resident or patient of a facility
15 licensed under the Nursing Home Care Act or the Hospital
16 Licensing Act, or "An Act in relation to the founding and
17 operation of the University of Illinois Hospital and the
18 conduct of University of Illinois health care programs",
19 approved July 3, 1931, as amended, or a facility which is
20 operated by the Department of Human Services (as successor to
21 the Department of Mental Health and Developmental
22 Disabilities) or the Department of Corrections.
23 (l) "Pharmacist in charge" means the licensed pharmacist
24 whose name appears on a pharmacy license who is responsible
25 for all aspects of the operation related to the practice of
26 pharmacy.
27 (m) "Dispense" means the delivery of drugs and medical
28 devices, in accordance with applicable State and federal laws
29 and regulations, to the patient or the patient's
30 representative authorized to receive these products,
31 including the compounding, packaging, and labeling necessary
32 for delivery, and any recommending or advising concerning the
33 contents and therapeutic values and uses thereof.
34 (n) "Mail-order pharmacy" means a pharmacy that is
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1 located in a state of the United States, other than Illinois,
2 that delivers, dispenses or distributes, through the United
3 States Postal Service or other common carrier, to Illinois
4 residents, any substance which requires a prescription.
5 (o) "Compounding" means the preparation, mixing,
6 assembling, packaging, or labeling of a drug or medical
7 device: (1) as the result of a practitioner's prescription
8 drug order or initiative that is dispensed pursuant to a
9 prescription in the course of professional practice; or (2)
10 for the purpose of, or incident to, research, teaching, or
11 chemical analysis and not for sale or dispensing a
12 prescriber's order; or (3) the preparation of drugs or
13 medical devices in anticipation of prescription drug orders
14 based on routine, regularly observed prescribing patterns.
15 (p) "Confidential information" means information,
16 maintained by the pharmacist in the patient's records,
17 released only (i) to the patient or, as the patient directs,
18 to other practitioners and other pharmacists or (ii) to any
19 other person or governmental agency authorized by law to
20 receive the information.
21 (q) "Prospective drug review" or "drug utilization
22 evaluation" means a review of the screening for potential
23 drug therapy problems due to therapeutic duplication,
24 drug-disease contraindications, drug-drug interactions
25 (including serious interactions with nonprescription or
26 over-the-counter drugs), incorrect drug dosage or duration of
27 drug treatment, drug-allergy interactions, and clinical abuse
28 or misuse.
29 (r) "Patient counseling" means the offer to counsel
30 shall be made by the pharmacist or the pharmacist's designee
31 in a face-to-face communication with the patient, unless, in
32 the professional judgment of the pharmacists it is deemed
33 inappropriate or unnecessary. In such instances, it would be
34 permissible for the offer to counsel to be made in a written
HB0557 Engrossed -10- LRB9002898DPpk
1 communication, by telephone or in a manner determined by the
2 pharmacist to be appropriate.
3 (s) "Patient profiles" or "patient drug therapy record"
4 means the obtaining, recording, and maintenance of patient
5 information.
6 (t) "Pharmaceutical care" includes, but is not limited
7 to, the act of monitoring drug use and other patient care
8 services intended to achieve outcomes that improve the
9 patient's quality of life but shall not include the sale of
10 over-the-counter drugs by a seller of goods and services who
11 does not dispense prescription drugs.
12 (u) "Medical device" means an instrument, apparatus,
13 implement, machine, contrivance, implant, in vitro reagent,
14 or other similar or related article, including any component
15 part or accessory, required under federal law to bear the
16 label "Caution: Federal law requires dispensing by or on the
17 order of a physician". A seller of goods and services who,
18 only for the purpose of retail sales, compounds, sells,
19 rents, or leases medical devices shall not, by reasons
20 thereof, be required to be a licensed pharmacy.
21 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)
22 (225 ILCS 85/4) (from Ch. 111, par. 4124)
23 Sec. 4. Nothing contained in any Section of this Act
24 shall apply to, or in any manner interfere with:;
25 (a) the lawful practice of any physician licensed to
26 practice medicine in all its branches, dentist, podiatrist,
27 veterinarian or other persons authorized to prescribe drugs
28 within the limits of their licenses, or prevent him from
29 supplying to his bona fide patients such drugs, medicines, or
30 poisons as may seem to him proper;
31 (b) the sale of compressed gases;
32 (c) the sale of patent or proprietary medicines and
33 household remedies when sold in original and unbroken
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1 packages only, if such patent or proprietary medicines and
2 household remedies be properly and adequately labeled as to
3 content and usage and generally considered and accepted as
4 harmless and nonpoisonous when used according to the
5 directions on the label, and also do not contain opium or
6 coca leaves, or any compound, salt or derivative thereof, or
7 any drug which, according to the latest editions of the
8 following authoritative pharmaceutical treatises and
9 standards, namely, The United States Pharmacopoeia/National
10 Formulary (USP/NF), the United States Dispensatory, and the
11 Accepted Dental Remedies of the Council of Dental
12 Therapeutics of the American Dental Association or any or
13 either of them, in use on the effective date of this Act, or
14 according to the existing provisions of the Federal Food,
15 Drug, and Cosmetic Act and Regulations of the Department of
16 Health and Human Services, Food and Drug Administration,
17 promulgated thereunder now in effect, is designated,
18 described or considered as a narcotic, hypnotic, habit
19 forming, dangerous, or poisonous drug;
20 (d) the sale of poultry and livestock remedies in
21 original and unbroken packages only, labeled for poultry and
22 livestock medication; and
23 (e) the sale of poisonous substances or mixture of
24 poisonous substances, in unbroken packages, for nonmedicinal
25 use in the arts or industries or for insecticide purposes;
26 provided, they are properly and adequately labeled as to
27 content and such nonmedicinal usage, in conformity with the
28 provisions of all applicable federal, state and local laws
29 and regulations promulgated thereunder now in effect relating
30 thereto and governing the same, and those which are required
31 under such applicable laws and regulations to be labeled with
32 the word "Poison", are also labeled with the word "Poison"
33 printed thereon in prominent type and the name of a readily
34 obtainable antidote with directions for its administration;
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1 and.
2 (f) the delegation of limited prescriptive authority by
3 a physician licensed to practice medicine in all its branches
4 to a physician assistant under Section 7.5 of the Physician
5 Assistant Practice Act of 1987. This delegated authority may
6 but is not required to include prescription of Schedule III,
7 IV, or V controlled substances, as defined in Article II of
8 the Illinois Controlled Substances Act, in accordance with
9 written guidelines under Section 7.5 of the Physician
10 Assistant Practice Act of 1987.
11 (Source: P.A. 85-796.)
12 Section 10. The Physician Assistant Practice Act of 1987
13 is amended by changing Sections 6, 7, and 21 and by adding
14 Section 7.5 as follows:
15 (225 ILCS 95/6) (from Ch. 111, par. 4606)
16 Sec. 6. Designation; billing. No physician assistant
17 shall use the title of doctor or associate with his name or
18 any other term which would indicate to other persons that he
19 is qualified to engage in the general practice of medicine.
20 A physician assistant shall not be allowed to bill patients
21 or in any way to charge for services. Nothing in this Act,
22 however, shall be so construed as to prevent the employer of
23 a physician assistant from charging for services rendered by
24 the physician assistant. Payment for services rendered by a
25 physician assistant shall be made to his or her employer if
26 the payor would have made payment had the services been
27 provided by a physician licensed to practice medicine in all
28 its branches. The supervising physician shall file with the
29 Department notice of employment, discharge or supervisory
30 control of a physician assistant at the time of employment,
31 discharge or assumption of supervisory control of a physician
32 assistant.
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1 (Source: P.A. 85-981.)
2 (225 ILCS 95/7) (from Ch. 111, par. 4607)
3 (Text of Section before amendment by P.A. 89-507)
4 Sec. 7. Supervision requirements. No more than 2 1
5 physician assistants assistant shall be supervised by the
6 supervising physician, although a physician assistant shall
7 be able to hold more than one professional position. Each
8 supervising physician shall file a notice of supervision of
9 such physician assistant according to the rules of the
10 Department. However, the alternate supervising physician may
11 supervise more than 2 1 physician assistants assistant when
12 the supervising physician is unable to provide such
13 supervision consistent with the definition of alternate
14 physician in Section 4. Physician assistants shall be
15 supervised only by physicians as defined in this Act who are
16 engaged in clinical practice, or in clinical practice in
17 public health or other community health facilities. Nothing
18 in this Act shall be construed to limit the delegation of
19 tasks or duties by a physician to a nurse or other
20 appropriately trained personnel. Nothing in this Act shall be
21 construed as to prohibit the employment of physician
22 assistants by a hospital, nursing home or other health care
23 facility where such physician assistants function under the
24 supervision of a supervising physician. Physician assistants
25 may be employed by the Department of Corrections, or the
26 Department of Mental Health and Developmental Disabilities
27 for service in facilities maintained by such Departments and
28 affiliated training facilities in programs conducted under
29 the authority of the Director of Corrections or the Director
30 of the Department of Mental Health and Developmental
31 Disabilities. Each physician assistant employed by the
32 Department of Corrections or the Department of Mental Health
33 and Developmental Disabilities shall be under the supervision
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1 of a physician engaged in clinical practice and direct
2 patient care. Duties of each physician assistant employed by
3 such Departments are limited to those within the scope of
4 practice of the supervising physician who is fully
5 responsible for all physician assistant activities.
6 (Source: P.A. 85-981.)
7 (Text of Section after amendment by P.A. 89-507)
8 Sec. 7. Supervision requirements. No more than 2 one
9 physician assistants assistant shall be supervised by the
10 supervising physician, although a physician assistant shall
11 be able to hold more than one professional position. Each
12 supervising physician shall file a notice of supervision of
13 such physician assistant according to the rules of the
14 Department. However, the alternate supervising physician may
15 supervise more than 2 one physician assistants assistant when
16 the supervising physician is unable to provide such
17 supervision consistent with the definition of alternate
18 physician in Section 4. Physician assistants shall be
19 supervised only by physicians as defined in this Act who are
20 engaged in clinical practice, or in clinical practice in
21 public health or other community health facilities. Nothing
22 in this Act shall be construed to limit the delegation of
23 tasks or duties by a physician to a nurse or other
24 appropriately trained personnel. Nothing in this Act shall be
25 construed to prohibit the employment of physician assistants
26 by a hospital, nursing home or other health care facility
27 where such physician assistants function under the
28 supervision of a supervising physician. Physician assistants
29 may be employed by the Department of Corrections or the
30 Department of Human Services (as successor to the Department
31 of Mental Health and Developmental Disabilities) for service
32 in facilities maintained by such Departments and affiliated
33 training facilities in programs conducted under the authority
34 of the Director of Corrections or the Secretary of Human
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1 Services. Each physician assistant employed by the
2 Department of Corrections or the Department of Human Services
3 (as successor to the Department of Mental Health and
4 Developmental Disabilities) shall be under the supervision of
5 a physician engaged in clinical practice and direct patient
6 care. Duties of each physician assistant employed by such
7 Departments are limited to those within the scope of practice
8 of the supervising physician who is fully responsible for all
9 physician assistant activities.
10 (Source: P.A. 89-507, eff. 7-1-97.)
11 (225 ILCS 95/7.5 new)
12 Sec. 7.5. Prescriptions. A supervising physician may
13 delegate limited prescriptive authority to a physician
14 assistant. This authority may, but is not required to,
15 include prescription of Schedule III, IV, or V controlled
16 substances, as defined in Article II of the Illinois
17 Controlled Substances Act, as delegated in the written
18 guidelines required by this Act. To prescribe Schedule III,
19 IV, or V controlled substances under this Section, a
20 physician assistant shall affix the supervising physician's
21 DEA number to, and individually sign, the appropriate
22 prescription form containing the printed names of the
23 physician assistant and supervising physician in accordance
24 with the written guidelines. Medication orders issued by a
25 physician assistant shall be reviewed periodically by the
26 supervising physician. The supervising physician shall file
27 with the Department notice of delegation of prescriptive
28 authority to a physician assistant and termination of
29 delegation, specifying the authority delegated or terminated.
30 Nothing in this Act shall be construed to limit the
31 delegation of tasks or duties by the supervising physician
32 to a nurse or other appropriately trained personnel.
33 The Department shall establish by rule the minimum
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1 requirements for written guidelines to be followed under this
2 Section.
3 (225 ILCS 95/21) (from Ch. 111, par. 4621)
4 Sec. 21. Grounds for Discipline.
5 (a) The Department may refuse to issue or to renew, or
6 may revoke, suspend, place on probation, censure or
7 reprimand, or take other disciplinary action with regard to
8 any license issued under this Act as the Department may deem
9 proper, including the issuance of fines not to exceed $5000
10 for each violation, for any one or combination of the
11 following causes:
12 (1) 1. Material misstatement in furnishing
13 information to the Department.;
14 (2) 2. Violations of this Act, or the rules
15 promulgated hereunder.;
16 (3) 3. Conviction of any crime under the laws of
17 any U.S. jurisdiction thereof which is a felony or which
18 is a misdemeanor, an essential element of which is
19 dishonesty, or of any crime which is directly related to
20 the practice of the profession.;
21 (4) 4. Making any misrepresentation for the purpose
22 of obtaining licenses.
23 (5) 5. Professional incompetence.;
24 (6) 6. Aiding or assisting another person in
25 violating any provision of this Act or Rules.;
26 (7) 7. Failing, within 60 days, to provide
27 information in response to a written request made by the
28 Department.;
29 (8) 8. Engaging in dishonorable, unethical or
30 unprofessional conduct of a character likely to deceive,
31 defraud or harm the public.;
32 (9) 9. Habitual or excessive use or addiction to
33 alcohol, narcotics, stimulants or any other chemical
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1 agent or drug which results in a physician assistants'
2 inability to practice with reasonable judgment, skill or
3 safety.;
4 (10) 10. Discipline by another U.S. jurisdiction or
5 foreign nation, if at least one of the grounds for a
6 discipline is the same or substantially equivalent to
7 those set forth herein.;
8 (11) 11. Directly or indirectly giving to or
9 receiving from any person, firm, corporation, partnership
10 or association any fee, commission, rebate or other form
11 of compensation for any professional services not
12 actually or personally rendered.;
13 (12) 12. A finding by the Disciplinary Board that
14 the licensee, after having his license placed on
15 probationary status has violated the terms of probation.;
16 (13) 13. Abandonment of a patient.;
17 (14) 14. Willfully making or filing false records
18 or reports in his practice, including but not limited to
19 false records filed with state agencies or departments.;
20 (15) 15. Willfully failing to report an instance of
21 suspected child abuse or neglect as required by the
22 Abused and Neglected Child Reporting Act.;
23 (16) 16. Physical illness, including but not
24 limited to, deterioration through the aging process, or
25 loss of motor skill which results in the inability to
26 practice the profession with reasonable judgment, skill
27 or safety.;
28 (17) 17. Being named as a perpetrator in an
29 indicated report by the Department of Children and Family
30 Services under the Abused and Neglected Child Reporting
31 Act, and upon proof by clear and convincing evidence that
32 the licensee has caused a child to be an abused child or
33 neglected child as defined in the Abused and Neglected
34 Child Reporting Act.;
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1 (18) 18. Conviction in this or another state of any
2 crime which is a felony under the laws of this State, or
3 conviction of a felony in a federal court.;
4 (19) 19. Gross malpractice resulting in permanent
5 injury or death of a patient.;
6 (20) 20. Employment of fraud, deception or any
7 unlawful means in applying for or securing a license as a
8 physician assistant.;
9 (21) 21. Exceeding the authority delegated to him
10 by his supervising physician in guidelines established by
11 the physician/physician assistant team.;
12 (22) 22. Immoral conduct in the commission of any
13 act, such as sexual abuse, sexual misconduct or sexual
14 exploitation, related to the licensee's practice.;
15 (23) 23. Violation of the Health Care Worker
16 Self-Referral Act.
17 (24) Practicing under a false or assumed name,
18 except as provided by law.
19 (25) Making a false or misleading statement
20 regarding his or her skill or the efficacy or value of
21 the medicine, treatment, or remedy prescribed by him or
22 her in the course of treatment.
23 (26) Allowing another person to use his or her
24 license to practice.
25 (27) Prescribing, selling, administering,
26 distributing, giving, or self-administering a drug
27 classified as a controlled substance (designated product)
28 or narcotic for other than medically-accepted therapeutic
29 purposes.
30 (28) Promotion of the sale of drugs, devices,
31 appliances, or goods provided for a patient in a manner
32 to exploit the patient for financial gain.
33 (29) A pattern of practice or other behavior that
34 demonstrates incapacity or incompetence to practice under
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1 this Act.
2 (30) Violating State or federal laws or regulations
3 relating to controlled substances.
4 (31) Exceeding the limited prescriptive authority
5 delegated by the supervising physician or violating the
6 written guidelines delegating that authority.
7 (32) Practicing without providing to the Department
8 a notice of supervision or delegation of prescriptive
9 authority.
10 (b) The Department may refuse to issue or may suspend
11 the license of any person who fails to file a return, or to
12 pay the tax, penalty or interest shown in a filed return, or
13 to pay any final assessment of the tax, penalty, or interest
14 as required by any tax Act administered by the Illinois
15 Department of Revenue, until such time as the requirements of
16 any such tax Act are satisfied.
17 (c) The determination by a circuit court that a licensee
18 is subject to involuntary admission or judicial admission as
19 provided in the Mental Health and Developmental Disabilities
20 Code operates as an automatic suspension. Such suspension
21 will end only upon a finding by a court that the patient is
22 no longer subject to involuntary admission or judicial
23 admission and issues an order so finding and discharging the
24 patient; and upon the recommendation of the Disciplinary
25 Board to the Director that the licensee be allowed to resume
26 his practice.
27 Section 15. The Illinois Clinical Laboratory and Blood
28 Bank Act is amended by changing Section 7-101 as follows:
29 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
30 Sec. 7-101. Examination of specimens. A clinical
31 laboratory shall examine specimens only at the request of a
32 licensed physician, licensed dentist, licensed podiatrist,
HB0557 Engrossed -20- LRB9002898DPpk
1 licensed physician assistant in accordance with the written
2 guidelines required under subdivision (3) of Section 4 and
3 under Section 7.5 of the Physician Assistant Practice Act of
4 1987, or authorized law enforcement agency, or, in the case
5 of blood alcohol, at the request of the individual for whom
6 the test is to be performed in compliance with Sections
7 11-501 and 11-501.1 of the Illinois Vehicle Code. If the
8 request to a laboratory is oral, the physician or other
9 authorized person shall submit a written request to the
10 laboratory within 48 hours. If the laboratory does not
11 receive the written request within that period, it shall note
12 that fact in its records.
13 Section 20. The Abused and Neglected Child Reporting Act
14 is amended by changing Section 4 as follows:
15 (325 ILCS 5/4) (from Ch. 23, par. 2054)
16 (Text of Section before amendment by P.A. 89-507)
17 Sec. 4. Any physician, resident, intern, hospital,
18 hospital administrator and personnel engaged in examination,
19 care and treatment of persons, surgeon, dentist, dentist
20 hygienist, osteopath, chiropractor, podiatrist, physician
21 assistant, substance abuse treatment personnel, Christian
22 Science practitioner, funeral home director or employee,
23 coroner, medical examiner, emergency medical technician,
24 acupuncturist, crisis line or hotline personnel, school
25 personnel, educational advocate assigned to a child pursuant
26 to the School Code, truant officers, social worker, social
27 services administrator, domestic violence program personnel,
28 registered nurse, licensed practical nurse, director or staff
29 assistant of a nursery school or a child day care center,
30 recreational program or facility personnel, law enforcement
31 officer, registered psychologist and assistants working
32 under the direct supervision of a psychologist, psychiatrist,
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1 or field personnel of the Illinois Department of Public Aid,
2 Public Health, Mental Health and Developmental Disabilities,
3 Corrections, Human Rights, Rehabilitation Services, or
4 Children and Family Services, supervisor and administrator of
5 general assistance under the Illinois Public Aid Code,
6 probation officer, or any other foster parent, homemaker or
7 child care worker having reasonable cause to believe a child
8 known to them in their professional or official capacity may
9 be an abused child or a neglected child shall immediately
10 report or cause a report to be made to the Department.
11 Whenever such person is required to report under this Act in
12 his capacity as a member of the staff of a medical or other
13 public or private institution, school, facility or agency, he
14 shall make report immediately to the Department in accordance
15 with the provisions of this Act and may also notify the
16 person in charge of such institution, school, facility or
17 agency or his designated agent that such report has been
18 made. Under no circumstances shall any person in charge of
19 such institution, school, facility or agency, or his
20 designated agent to whom such notification has been made,
21 exercise any control, restraint, modification or other change
22 in the report or the forwarding of such report to the
23 Department. The privileged quality of communication between
24 any professional person required to report and his patient or
25 client shall not apply to situations involving abused or
26 neglected children and shall not constitute grounds for
27 failure to report as required by this Act. In addition to
28 the above persons required to report suspected cases of
29 abused or neglected children, any other person may make a
30 report if such person has reasonable cause to believe a child
31 may be an abused child or a neglected child. Any person who
32 enters into employment on and after July 1, 1986 and is
33 mandated by virtue of that employment to report under this
34 Act, shall sign a statement on a form prescribed by the
HB0557 Engrossed -22- LRB9002898DPpk
1 Department, to the effect that the employee has knowledge and
2 understanding of the reporting requirements of this Act. The
3 statement shall be signed prior to commencement of the
4 employment. The signed statement shall be retained by the
5 employer. The cost of printing, distribution, and filing of
6 the statement shall be borne by the employer. The Department
7 shall provide copies of this Act, upon request, to all
8 employers employing persons who shall be required under the
9 provisions of this Section to report under this Act.
10 Any person who knowingly transmits a false report to the
11 Department commits the offense of disorderly conduct under
12 subsection (a)(7) of Section 26-1 of the "Criminal Code of
13 1961". Any person who violates this provision a second or
14 subsequent time shall be guilty of a Class 4 felony.
15 Any person who knowingly and willfully violates any
16 provision of this Section other than a second or subsequent
17 violation of transmitting a false report as described in the
18 preceding paragraph, shall be guilty of a Class A
19 misdemeanor.
20 A child whose parent, guardian or custodian in good faith
21 selects and depends upon spiritual means through prayer
22 alone for the treatment or cure of disease or remedial care
23 may be considered neglected or abused, but not for the sole
24 reason that his parent, guardian or custodian accepts and
25 practices such beliefs.
26 A child shall not be considered neglected or abused
27 solely because the child is not attending school in
28 accordance with the requirements of Article 26 of the School
29 Code, as amended.
30 (Source: P.A. 89-363, eff. 1-1-96; 89-706, eff. 1-31-97.)
31 (Text of Section after amendment by P.A. 89-507)
32 Sec. 4. Any physician, resident, intern, hospital,
33 hospital administrator and personnel engaged in examination,
34 care and treatment of persons, surgeon, dentist, dentist
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1 hygienist, osteopath, chiropractor, podiatrist, physician
2 assistant, substance abuse treatment personnel, Christian
3 Science practitioner, funeral home director or employee,
4 coroner, medical examiner, emergency medical technician,
5 acupuncturist, crisis line or hotline personnel, school
6 personnel, educational advocate assigned to a child pursuant
7 to the School Code, truant officers, social worker, social
8 services administrator, domestic violence program personnel,
9 registered nurse, licensed practical nurse, director or staff
10 assistant of a nursery school or a child day care center,
11 recreational program or facility personnel, law enforcement
12 officer, registered psychologist and assistants working
13 under the direct supervision of a psychologist, psychiatrist,
14 or field personnel of the Illinois Department of Public Aid,
15 Public Health, Human Services (acting as successor to the
16 Department of Mental Health and Developmental Disabilities,
17 Rehabilitation Services, or Public Aid), Corrections, Human
18 Rights, or Children and Family Services, supervisor and
19 administrator of general assistance under the Illinois Public
20 Aid Code, probation officer, or any other foster parent,
21 homemaker or child care worker having reasonable cause to
22 believe a child known to them in their professional or
23 official capacity may be an abused child or a neglected child
24 shall immediately report or cause a report to be made to the
25 Department. Whenever such person is required to report under
26 this Act in his capacity as a member of the staff of a
27 medical or other public or private institution, school,
28 facility or agency, he shall make report immediately to the
29 Department in accordance with the provisions of this Act and
30 may also notify the person in charge of such institution,
31 school, facility or agency or his designated agent that such
32 report has been made. Under no circumstances shall any
33 person in charge of such institution, school, facility or
34 agency, or his designated agent to whom such notification has
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1 been made, exercise any control, restraint, modification or
2 other change in the report or the forwarding of such report
3 to the Department. The privileged quality of communication
4 between any professional person required to report and his
5 patient or client shall not apply to situations involving
6 abused or neglected children and shall not constitute grounds
7 for failure to report as required by this Act. In addition
8 to the above persons required to report suspected cases of
9 abused or neglected children, any other person may make a
10 report if such person has reasonable cause to believe a child
11 may be an abused child or a neglected child. Any person who
12 enters into employment on and after July 1, 1986 and is
13 mandated by virtue of that employment to report under this
14 Act, shall sign a statement on a form prescribed by the
15 Department, to the effect that the employee has knowledge and
16 understanding of the reporting requirements of this Act. The
17 statement shall be signed prior to commencement of the
18 employment. The signed statement shall be retained by the
19 employer. The cost of printing, distribution, and filing of
20 the statement shall be borne by the employer. The Department
21 shall provide copies of this Act, upon request, to all
22 employers employing persons who shall be required under the
23 provisions of this Section to report under this Act.
24 Any person who knowingly transmits a false report to the
25 Department commits the offense of disorderly conduct under
26 subsection (a)(7) of Section 26-1 of the "Criminal Code of
27 1961". Any person who violates this provision a second or
28 subsequent time shall be guilty of a Class 4 felony.
29 Any person who knowingly and willfully violates any
30 provision of this Section other than a second or subsequent
31 violation of transmitting a false report as described in the
32 preceding paragraph, shall be guilty of a Class A
33 misdemeanor.
34 A child whose parent, guardian or custodian in good faith
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1 selects and depends upon spiritual means through prayer
2 alone for the treatment or cure of disease or remedial care
3 may be considered neglected or abused, but not for the sole
4 reason that his parent, guardian or custodian accepts and
5 practices such beliefs.
6 A child shall not be considered neglected or abused
7 solely because the child is not attending school in
8 accordance with the requirements of Article 26 of the School
9 Code, as amended.
10 (Source: P.A. 89-363, eff. 1-1-96; 89-507, eff. 7-1-97;
11 89-706, eff. 1-31-97.)
12 (Source: P.A. 87-1269.)
13 Section 25. 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 (Text of Section before amendment by P.A. 89-507)
17 Sec. 102. As used in this Act, unless the context
18 otherwise requires:
19 (a) "Addict" means any person who habitually uses any
20 drug, chemical, substance or dangerous drug other than
21 alcohol so as to endanger the public morals, health, safety
22 or welfare or who is so far addicted to the use of a
23 dangerous drug or controlled substance other than alcohol as
24 to have lost the power of self control with reference to his
25 addiction.
26 (b) "Administer" means the direct application of a
27 controlled substance, whether by injection, inhalation,
28 ingestion, or any other means, to the body of a patient or
29 research subject by:
30 (1) a practitioner (or, in his presence, by his
31 authorized agent), or
32 (2) the patient or research subject at the lawful
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1 direction of the practitioner.
2 (c) "Agent" means an authorized person who acts on
3 behalf of or at the direction of a manufacturer, distributor,
4 or dispenser. It does not include a common or contract
5 carrier, public warehouseman or employee of the carrier or
6 warehouseman.
7 (c-1) "Anabolic Steroids" means any drug or hormonal
8 substance, chemically and pharmacologically related to
9 testosterone (other than estrogens, progestins, and
10 corticosteroids) that promotes muscle growth, and includes:
11 (i) boldenone,
12 (ii) chlorotestosterone,
13 (iii) chostebol,
14 (iv) dehydrochlormethyltestosterone,
15 (v) dihydrotestosterone,
16 (vi) drostanolone,
17 (vii) ethylestrenol,
18 (viii) fluoxymesterone,
19 (ix) formebulone,
20 (x) mesterolone,
21 (xi) methandienone,
22 (xii) methandranone,
23 (xiii) methandriol,
24 (xiv) methandrostenolone,
25 (xv) methenolone,
26 (xvi) methyltestosterone,
27 (xvii) mibolerone,
28 (xviii) nandrolone,
29 (xix) norethandrolone,
30 (xx) oxandrolone,
31 (xxi) oxymesterone,
32 (xxii) oxymetholone,
33 (xxiii) stanolone,
34 (xxiv) stanozolol,
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1 (xxv) testolactone,
2 (xxvi) testosterone,
3 (xxvii) trenbolone, and
4 (xxviii) any salt, ester, or isomer of a drug
5 or substance described or listed in this paragraph,
6 if that salt, ester, or isomer promotes muscle
7 growth.
8 Any person who is otherwise lawfully in possession of an
9 anabolic steroid, or who otherwise lawfully manufactures,
10 distributes, dispenses, delivers, or possesses with intent to
11 deliver an anabolic steroid, which anabolic steroid is
12 expressly intended for and lawfully allowed to be
13 administered through implants to livestock or other nonhuman
14 species, and which is approved by the Secretary of Health and
15 Human Services for such administration, and which the person
16 intends to administer or have administered through such
17 implants, shall not be considered to be in unauthorized
18 possession or to unlawfully manufacture, distribute,
19 dispense, deliver, or possess with intent to deliver such
20 anabolic steroid for purposes of this Act.
21 (d) "Administration" means the Drug Enforcement
22 Administration, United States Department of Justice, or its
23 successor agency.
24 (e) "Control" means to add a drug or other substance, or
25 immediate precursor, to a Schedule under Article II of this
26 Act whether by transfer from another Schedule or otherwise.
27 (f) "Controlled Substance" means a drug, substance, or
28 immediate precursor in the Schedules of Article II of this
29 Act.
30 (g) "Counterfeit substance" means a controlled
31 substance, which, or the container or labeling of which,
32 without authorization bears the trademark, trade name, or
33 other identifying mark, imprint, number or device, or any
34 likeness thereof, of a manufacturer, distributor, or
HB0557 Engrossed -28- LRB9002898DPpk
1 dispenser other than the person who in fact manufactured,
2 distributed, or dispensed the substance.
3 (h) "Deliver" or "delivery" means the actual,
4 constructive or attempted transfer of possession of a
5 controlled substance, with or without consideration, whether
6 or not there is an agency relationship.
7 (i) "Department" means the Illinois Department of
8 Alcoholism and Substance Abuse of the State of Illinois or
9 its successor agency.
10 (j) "Department of State Police" means the Department of
11 State Police of the State of Illinois or its successor
12 agency.
13 (k) "Department of Corrections" means the Department of
14 Corrections of the State of Illinois or its successor agency.
15 (l) "Department of Professional Regulation" means the
16 Department of Professional Regulation of the State of
17 Illinois or its successor agency.
18 (m) "Depressant" or "stimulant substance" means:
19 (1) a drug which contains any quantity of (i)
20 barbituric acid or any of the salts of barbituric acid
21 which has been designated as habit forming under section
22 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
23 U.S.C. 352 (d)); or
24 (2) a drug which contains any quantity of (i)
25 amphetamine or methamphetamine and any of their optical
26 isomers; (ii) any salt of amphetamine or methamphetamine
27 or any salt of an optical isomer of amphetamine; or (iii)
28 any substance which the Department, after investigation,
29 has found to be, and by rule designated as, habit forming
30 because of its depressant or stimulant effect on the
31 central nervous system; or
32 (3) lysergic acid diethylamide; or
33 (4) any drug which contains any quantity of a
34 substance which the Department, after investigation, has
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1 found to have, and by rule designated as having, a
2 potential for abuse because of its depressant or
3 stimulant effect on the central nervous system or its
4 hallucinogenic effect.
5 (n) "Designated product" means any narcotic drug,
6 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
7 pentazocine or cannabis product listed in Schedule II and
8 also means a controlled substance listed in Schedule II which
9 is determined and designated by the Department or its
10 successor agency to be such a product. A designated product
11 shall only be dispensed upon an official prescription blank.
12 (o) "Director" means the Director of the Department of
13 State Police or the Department of Professional Regulation or
14 his designated agents.
15 (p) "Dispense" means to deliver a controlled substance
16 to 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
25 the official United States Pharmacopoeia, Official
26 Homeopathic Pharmacopoeia of the United States, or official
27 National Formulary, or any supplement to any of them; (2)
28 substances intended for use in diagnosis, cure, mitigation,
29 treatment, or prevention of disease in man or animals; (3)
30 substances (other than food) intended to affect the structure
31 of any function of the body of man or animals and (4)
32 substances intended for use as a component of any article
33 specified in clause (1), (2), or (3) of this subsection. It
34 does not include devices or their components, parts, or
HB0557 Engrossed -30- LRB9002898DPpk
1 accessories.
2 (u) "Good faith" means the prescribing or dispensing of
3 a controlled substance by a practitioner in the regular
4 course of professional treatment to or for any person who is
5 under his treatment for a pathology or condition other than
6 that individual's physical or psychological dependence upon
7 or addiction to a controlled substance, except as provided
8 herein: and application of the term to a pharmacist shall
9 mean the dispensing of a controlled substance pursuant to the
10 prescriber's order which in the professional judgment of the
11 pharmacist is lawful. The pharmacist shall be guided by
12 accepted professional standards including, but not limited to
13 the following, in making the judgment:
14 (1) lack of consistency of doctor-patient
15 relationship,
16 (2) frequency of prescriptions for same drug by one
17 prescriber for large numbers of patients,
18 (3) quantities beyond those normally prescribed,
19 (4) unusual dosages,
20 (5) unusual geographic distances between patient,
21 pharmacist and prescriber,
22 (6) consistent prescribing of habit-forming drugs.
23 (u-1) "Home infusion services" means services provided
24 by a pharmacy in compounding solutions for direct
25 administration to a patient in a private residence, long-term
26 care facility, or hospice setting by means of parenteral,
27 intravenous, intramuscular, subcutaneous, or intraspinal
28 infusion.
29 (v) "Immediate precursor" means a substance:
30 (1) which the Department has found to be and by
31 rule designated as being a principal compound used, or
32 produced primarily for use, in the manufacture of a
33 controlled substance;
34 (2) which is an immediate chemical intermediary
HB0557 Engrossed -31- LRB9002898DPpk
1 used or likely to be used in the manufacture of such
2 controlled substance; and
3 (3) the control of which is necessary to prevent,
4 curtail or limit the manufacture of such controlled
5 substance.
6 (w) "Instructional activities" means the acts of
7 teaching, educating or instructing by practitioners using
8 controlled substances within educational facilities approved
9 by the State Board of Education or its successor agency.
10 (x) "Local authorities" means a duly organized State,
11 County or Municipal peace unit or police force.
12 (y) "Look-alike substance" means a substance, other than
13 a controlled substance which (1) by overall dosage unit
14 appearance, including shape, color, size, markings or lack
15 thereof, taste, consistency, or any other identifying
16 physical characteristic of the substance, would lead a
17 reasonable person to believe that the substance is a
18 controlled substance, or (2) is expressly or impliedly
19 represented to be a controlled substance or is distributed
20 under circumstances which would lead a reasonable person to
21 believe that the substance is a controlled substance. For the
22 purpose of determining whether the representations made or
23 the circumstances of the distribution would lead a reasonable
24 person to believe the substance to be a controlled substance
25 under this clause (2) of subsection (y), the court or other
26 authority may consider the following factors in addition to
27 any other factor that may be relevant:
28 (a) statements made by the owner or person in
29 control of the substance concerning its nature, use or
30 effect;
31 (b) statements made to the buyer or recipient that
32 the substance may be resold for profit;
33 (c) whether the substance is packaged in a manner
34 normally used for the illegal distribution of controlled
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1 substances;
2 (d) whether the distribution or attempted
3 distribution included an exchange of or demand for money
4 or other property as consideration, and whether the
5 amount of the consideration was substantially greater
6 than the reasonable retail market value of the substance.
7 Clause (1) of this subsection (y) shall not apply to a
8 noncontrolled substance in its finished dosage form that was
9 initially introduced into commerce prior to the initial
10 introduction into commerce of a controlled substance in its
11 finished dosage form which it may substantially resemble.
12 Nothing in this subsection (y) prohibits the dispensing
13 or distributing of noncontrolled substances by persons
14 authorized to dispense and distribute controlled substances
15 under this Act, provided that such action would be deemed to
16 be carried out in good faith under subsection (u) if the
17 substances involved were controlled substances.
18 Nothing in this subsection (y) or in this Act prohibits
19 the manufacture, preparation, propagation, compounding,
20 processing, packaging, advertising or distribution of a drug
21 or drugs by any person registered pursuant to Section 510 of
22 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
23 (y-1) "Mail-order pharmacy" means a pharmacy that is
24 located in a state of the United States, other than Illinois,
25 that delivers, dispenses or distributes, through the United
26 States Postal Service or other common carrier, to Illinois
27 residents, any substance which requires a prescription.
28 (z) "Manufacture" means the production, preparation,
29 propagation, compounding, conversion or processing of a
30 controlled substance, either directly or indirectly, by
31 extraction from substances of natural origin, or
32 independently by means of chemical synthesis, or by a
33 combination of extraction and chemical synthesis, and
34 includes any packaging or repackaging of the substance or
HB0557 Engrossed -33- LRB9002898DPpk
1 labeling of its container, except that this term does not
2 include:
3 (1) by an ultimate user, the preparation or
4 compounding of a controlled substance for his own use; or
5 (2) by a practitioner, or his authorized agent
6 under his supervision, the preparation, compounding,
7 packaging, or labeling of a controlled substance:
8 (a) as an incident to his administering or
9 dispensing of a controlled substance in the course
10 of his professional practice; or
11 (b) as an incident to lawful research,
12 teaching or chemical analysis and not for sale.
13 (aa) "Narcotic drug" means any of the following, whether
14 produced directly or indirectly by extraction from substances
15 of natural origin, or independently by means of chemical
16 synthesis, or by a combination of extraction and chemical
17 synthesis:
18 (1) opium and opiate, and any salt, compound,
19 derivative, or preparation of opium or opiate;
20 (2) any salt, compound, isomer, derivative, or
21 preparation thereof which is chemically equivalent or
22 identical with any of the substances referred to in
23 clause (1), but not including the isoquinoline alkaloids
24 of opium;
25 (3) opium poppy and poppy straw;
26 (4) coca leaves and any salts, compound, isomer,
27 salt of an isomer, derivative, or preparation of coca
28 leaves including cocaine or ecgonine, and any salt,
29 compound, isomer, derivative, or preparation thereof
30 which is chemically equivalent or identical with any of
31 these substances, but not including decocainized coca
32 leaves or extractions of coca leaves which do not contain
33 cocaine or ecgonine (for the purpose of this paragraph,
34 the term "isomer" includes optical, positional and
HB0557 Engrossed -34- LRB9002898DPpk
1 geometric isomers).
2 (bb) "Nurse" means a registered nurse licensed under the
3 Illinois Nursing Act of 1987.
4 (cc) "Official prescription blanks" means the triplicate
5 prescription forms supplied to prescribers by the Department
6 for prescribing Schedule II Designated Product controlled
7 substances.
8 (dd) "Opiate" means any substance having an addiction
9 forming or addiction sustaining liability similar to morphine
10 or being capable of conversion into a drug having addiction
11 forming or addiction sustaining liability.
12 (ee) "Opium poppy" means the plant of the species
13 Papaver somniferum L., except its seeds.
14 (ff) "Parole and Pardon Board" means the Parole and
15 Pardon Board of the State of Illinois or its successor
16 agency.
17 (gg) "Person" means any individual, corporation,
18 mail-order pharmacy, government or governmental subdivision
19 or agency, business trust, estate, trust, partnership or
20 association, or any other entity.
21 (hh) "Pharmacist" means any person who holds a
22 certificate of registration as a registered pharmacist, a
23 local registered pharmacist or a registered assistant
24 pharmacist under the Pharmacy Practice Act of 1987.
25 (ii) "Pharmacy" means any store, ship or other place in
26 which pharmacy is authorized to be practiced under the
27 Pharmacy Practice Act of 1987.
28 (jj) "Poppy straw" means all parts, except the seeds, of
29 the opium poppy, after mowing.
30 (kk) "Practitioner" means a physician licensed to
31 practice medicine in all its branches, dentist, podiatrist,
32 veterinarian, scientific investigator, pharmacist, physician
33 assistant, licensed practical nurse, registered nurse,
34 hospital, laboratory, or pharmacy, or other person licensed,
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1 registered, or otherwise lawfully permitted by the United
2 States or this State to distribute, dispense, conduct
3 research with respect to, administer or use in teaching or
4 chemical analysis, a controlled substance in the course of
5 professional practice or research.
6 (ll) "Pre-printed prescription" means a written
7 prescription upon which the designated drug has been
8 indicated prior to the time of issuance.
9 (mm) "Prescriber" means a physician licensed to practice
10 medicine in all its branches, dentist, podiatrist or
11 veterinarian who issues a prescription or a physician
12 assistant who issues a prescription for a Schedule III, IV,
13 or V controlled substance as delegated by a physician
14 licensed to practice medicine in all its branches in
15 accordance with the written guidelines required under Section
16 7.5 of the Physician Assistant Practice Act of 1987.
17 (nn) "Prescription" means a lawful written, facsimile,
18 or verbal order of a physician licensed to practice medicine
19 in all its branches, dentist, podiatrist or veterinarian for
20 any controlled substance, or of a physician assistant for a
21 Schedule III, IV, or V controlled substance as delegated by a
22 physician licensed to practice medicine in all its branches
23 in accordance with the written guidelines required under
24 Section 7.5 of the Physician Assistant Practice Act of 1987.
25 (oo) "Production" or "produce" means manufacture,
26 planting, cultivating, growing, or harvesting of a controlled
27 substance.
28 (pp) "Registrant" means every person who is required to
29 register under Section 302 of this Act.
30 (qq) "Registry number" means the number assigned to each
31 person authorized to handle controlled substances under the
32 laws of the United States and of this State.
33 (rr) "State" includes the State of Illinois and any
34 state, district, commonwealth, territory, insular possession
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1 thereof, and any area subject to the legal authority of the
2 United States of America.
3 (ss) "Ultimate user" means a person who lawfully
4 possesses a controlled substance for his own use or for the
5 use of a member of his household or for administering to an
6 animal owned by him or by a member of his household.
7 (Source: P.A. 89-202, eff. 10-1-95.)
8 (Text of Section after amendment by P.A. 89-507)
9 Sec. 102. As used in this Act, unless the context
10 otherwise requires:
11 (a) "Addict" means any person who habitually uses any
12 drug, chemical, substance or dangerous drug other than
13 alcohol so as to endanger the public morals, health, safety
14 or welfare or who is so far addicted to the use of a
15 dangerous drug or controlled substance other than alcohol as
16 to have lost the power of self control with reference to his
17 addiction.
18 (b) "Administer" means the direct application of a
19 controlled substance, whether by injection, inhalation,
20 ingestion, or any other means, to the body of a patient or
21 research subject by:
22 (1) a practitioner (or, in his presence, by his
23 authorized agent), or
24 (2) the patient or research subject at the lawful
25 direction of the practitioner.
26 (c) "Agent" means an authorized person who acts on
27 behalf of or at the direction of a manufacturer, distributor,
28 or dispenser. It does not include a common or contract
29 carrier, public warehouseman or employee of the carrier or
30 warehouseman.
31 (c-1) "Anabolic Steroids" means any drug or hormonal
32 substance, chemically and pharmacologically related to
33 testosterone (other than estrogens, progestins, and
34 corticosteroids) that promotes muscle growth, and includes:
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1 (i) boldenone,
2 (ii) chlorotestosterone,
3 (iii) chostebol,
4 (iv) dehydrochlormethyltestosterone,
5 (v) dihydrotestosterone,
6 (vi) drostanolone,
7 (vii) ethylestrenol,
8 (viii) fluoxymesterone,
9 (ix) formebulone,
10 (x) mesterolone,
11 (xi) methandienone,
12 (xii) methandranone,
13 (xiii) methandriol,
14 (xiv) methandrostenolone,
15 (xv) methenolone,
16 (xvi) methyltestosterone,
17 (xvii) mibolerone,
18 (xviii) nandrolone,
19 (xix) norethandrolone,
20 (xx) oxandrolone,
21 (xxi) oxymesterone,
22 (xxii) oxymetholone,
23 (xxiii) stanolone,
24 (xxiv) stanozolol,
25 (xxv) testolactone,
26 (xxvi) testosterone,
27 (xxvii) trenbolone, and
28 (xxviii) any salt, ester, or isomer of a drug
29 or substance described or listed in this paragraph,
30 if that salt, ester, or isomer promotes muscle
31 growth.
32 Any person who is otherwise lawfully in possession of an
33 anabolic steroid, or who otherwise lawfully manufactures,
34 distributes, dispenses, delivers, or possesses with intent to
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1 deliver an anabolic steroid, which anabolic steroid is
2 expressly intended for and lawfully allowed to be
3 administered through implants to livestock or other nonhuman
4 species, and which is approved by the Secretary of Health and
5 Human Services for such administration, and which the person
6 intends to administer or have administered through such
7 implants, shall not be considered to be in unauthorized
8 possession or to unlawfully manufacture, distribute,
9 dispense, deliver, or possess with intent to deliver such
10 anabolic steroid for purposes of this Act.
11 (d) "Administration" means the Drug Enforcement
12 Administration, United States Department of Justice, or its
13 successor agency.
14 (e) "Control" means to add a drug or other substance, or
15 immediate precursor, to a Schedule under Article II of this
16 Act whether by transfer from another Schedule or otherwise.
17 (f) "Controlled Substance" means a drug, substance, or
18 immediate precursor in the Schedules of Article II of this
19 Act.
20 (g) "Counterfeit substance" means a controlled
21 substance, which, or the container or labeling of which,
22 without authorization bears the trademark, trade name, or
23 other identifying mark, imprint, number or device, or any
24 likeness thereof, of a manufacturer, distributor, or
25 dispenser other than the person who in fact manufactured,
26 distributed, or dispensed the substance.
27 (h) "Deliver" or "delivery" means the actual,
28 constructive or attempted transfer of possession of a
29 controlled substance, with or without consideration, whether
30 or not there is an agency relationship.
31 (i) "Department" means the Illinois Department of Human
32 Services (as successor to the Department of Alcoholism and
33 Substance Abuse) or its successor agency.
34 (j) "Department of State Police" means the Department of
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1 State Police of the State of Illinois or its successor
2 agency.
3 (k) "Department of Corrections" means the Department of
4 Corrections of the State of Illinois or its successor agency.
5 (l) "Department of Professional Regulation" means the
6 Department of Professional Regulation of the State of
7 Illinois or its successor agency.
8 (m) "Depressant" or "stimulant substance" means:
9 (1) a drug which contains any quantity of (i)
10 barbituric acid or any of the salts of barbituric acid
11 which has been designated as habit forming under section
12 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
13 U.S.C. 352 (d)); or
14 (2) a drug which contains any quantity of (i)
15 amphetamine or methamphetamine and any of their optical
16 isomers; (ii) any salt of amphetamine or methamphetamine
17 or any salt of an optical isomer of amphetamine; or (iii)
18 any substance which the Department, after investigation,
19 has found to be, and by rule designated as, habit forming
20 because of its depressant or stimulant effect on the
21 central nervous system; or
22 (3) lysergic acid diethylamide; or
23 (4) any drug which contains any quantity of a
24 substance which the Department, after investigation, has
25 found to have, and by rule designated as having, a
26 potential for abuse because of its depressant or
27 stimulant effect on the central nervous system or its
28 hallucinogenic effect.
29 (n) "Designated product" means any narcotic drug,
30 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
31 pentazocine or cannabis product listed in Schedule II and
32 also means a controlled substance listed in Schedule II which
33 is determined and designated by the Department or its
34 successor agency to be such a product. A designated product
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1 shall only be dispensed upon an official prescription blank.
2 (o) "Director" means the Director of the Department of
3 State Police or the Department of Professional Regulation or
4 his designated agents.
5 (p) "Dispense" means to deliver a controlled substance
6 to an ultimate user or research subject by or pursuant to the
7 lawful order of a prescriber, including the prescribing,
8 administering, packaging, labeling, or compounding necessary
9 to prepare the substance for that delivery.
10 (q) "Dispenser" means a practitioner who dispenses.
11 (r) "Distribute" means to deliver, other than by
12 administering or dispensing, a controlled substance.
13 (s) "Distributor" means a person who distributes.
14 (t) "Drug" means (1) substances recognized as drugs in
15 the official United States Pharmacopoeia, Official
16 Homeopathic Pharmacopoeia of the United States, or official
17 National Formulary, or any supplement to any of them; (2)
18 substances intended for use in diagnosis, cure, mitigation,
19 treatment, or prevention of disease in man or animals; (3)
20 substances (other than food) intended to affect the structure
21 of any function of the body of man or animals and (4)
22 substances intended for use as a component of any article
23 specified in clause (1), (2), or (3) of this subsection. It
24 does not include devices or their components, parts, or
25 accessories.
26 (u) "Good faith" means the prescribing or dispensing of
27 a controlled substance by a practitioner in the regular
28 course of professional treatment to or for any person who is
29 under his treatment for a pathology or condition other than
30 that individual's physical or psychological dependence upon
31 or addiction to a controlled substance, except as provided
32 herein: and application of the term to a pharmacist shall
33 mean the dispensing of a controlled substance pursuant to the
34 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
14 by a pharmacy in compounding solutions for direct
15 administration to a patient in a private residence, long-term
16 care facility, or hospice setting by means of parenteral,
17 intravenous, intramuscular, subcutaneous, or intraspinal
18 infusion.
19 (v) "Immediate precursor" means a substance:
20 (1) which the Department has found to be and by
21 rule designated as being a principal compound used, or
22 produced primarily for use, in the manufacture of a
23 controlled substance;
24 (2) which is an immediate chemical intermediary
25 used or likely to be used in the manufacture of such
26 controlled substance; and
27 (3) the control of which is necessary to prevent,
28 curtail or limit the manufacture of such controlled
29 substance.
30 (w) "Instructional activities" means the acts of
31 teaching, educating or instructing by practitioners using
32 controlled substances within educational facilities approved
33 by the State Board of Education or its successor agency.
34 (x) "Local authorities" means a duly organized State,
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1 County or Municipal peace unit or police force.
2 (y) "Look-alike substance" means a substance, other than
3 a controlled substance which (1) by overall dosage unit
4 appearance, including shape, color, size, markings or lack
5 thereof, taste, consistency, or any other identifying
6 physical characteristic of the substance, would lead a
7 reasonable person to believe that the substance is a
8 controlled substance, or (2) is expressly or impliedly
9 represented to be a controlled substance or is distributed
10 under circumstances which would lead a reasonable person to
11 believe that the substance is a controlled substance. For the
12 purpose of determining whether the representations made or
13 the circumstances of the distribution would lead a reasonable
14 person to believe the substance to be a controlled substance
15 under this clause (2) of subsection (y), the court or other
16 authority may consider the following factors in addition to
17 any other factor that may be relevant:
18 (a) statements made by the owner or person in
19 control of the substance concerning its nature, use or
20 effect;
21 (b) statements made to the buyer or recipient that
22 the substance may be resold for profit;
23 (c) whether the substance is packaged in a manner
24 normally used for the illegal distribution of controlled
25 substances;
26 (d) whether the distribution or attempted
27 distribution included an exchange of or demand for money
28 or other property as consideration, and whether the
29 amount of the consideration was substantially greater
30 than the reasonable retail market value of the substance.
31 Clause (1) of this subsection (y) shall not apply to a
32 noncontrolled substance in its finished dosage form that was
33 initially introduced into commerce prior to the initial
34 introduction into commerce of a controlled substance in its
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1 finished dosage form which it may substantially resemble.
2 Nothing in this subsection (y) prohibits the dispensing
3 or distributing of noncontrolled substances by persons
4 authorized to dispense and distribute controlled substances
5 under this Act, provided that such action would be deemed to
6 be carried out in good faith under subsection (u) if the
7 substances involved were controlled substances.
8 Nothing in this subsection (y) or in this Act prohibits
9 the manufacture, preparation, propagation, compounding,
10 processing, packaging, advertising or distribution of a drug
11 or drugs by any person registered pursuant to Section 510 of
12 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
13 (y-1) "Mail-order pharmacy" means a pharmacy that is
14 located in a state of the United States, other than Illinois,
15 that delivers, dispenses or distributes, through the United
16 States Postal Service or other common carrier, to Illinois
17 residents, any substance which requires a prescription.
18 (z) "Manufacture" means the production, preparation,
19 propagation, compounding, conversion or processing of a
20 controlled substance, either directly or indirectly, by
21 extraction from substances of natural origin, or
22 independently by means of chemical synthesis, or by a
23 combination of extraction and chemical synthesis, and
24 includes any packaging or repackaging of the substance or
25 labeling of its container, except that this term does not
26 include:
27 (1) by an ultimate user, the preparation or
28 compounding of a controlled substance for his own use; or
29 (2) by a practitioner, or his authorized agent
30 under his supervision, the preparation, compounding,
31 packaging, or labeling of a controlled substance:
32 (a) as an incident to his administering or
33 dispensing of a controlled substance in the course
34 of his professional practice; or
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1 (b) as an incident to lawful research,
2 teaching or chemical analysis and not for sale.
3 (aa) "Narcotic drug" means any of the following, whether
4 produced directly or indirectly by extraction from substances
5 of natural origin, or independently by means of chemical
6 synthesis, or by a combination of extraction and chemical
7 synthesis:
8 (1) opium and opiate, and any salt, compound,
9 derivative, or preparation of opium or opiate;
10 (2) any salt, compound, isomer, derivative, or
11 preparation thereof which is chemically equivalent or
12 identical with any of the substances referred to in
13 clause (1), but not including the isoquinoline alkaloids
14 of opium;
15 (3) opium poppy and poppy straw;
16 (4) coca leaves and any salts, compound, isomer,
17 salt of an isomer, derivative, or preparation of coca
18 leaves including cocaine or ecgonine, and any salt,
19 compound, isomer, derivative, or preparation thereof
20 which is chemically equivalent or identical with any of
21 these substances, but not including decocainized coca
22 leaves or extractions of coca leaves which do not contain
23 cocaine or ecgonine (for the purpose of this paragraph,
24 the term "isomer" includes optical, positional and
25 geometric isomers).
26 (bb) "Nurse" means a registered nurse licensed under the
27 Illinois Nursing Act of 1987.
28 (cc) "Official prescription blanks" means the triplicate
29 prescription forms supplied to prescribers by the Department
30 for prescribing Schedule II Designated Product controlled
31 substances.
32 (dd) "Opiate" means any substance having an addiction
33 forming or addiction sustaining liability similar to morphine
34 or being capable of conversion into a drug having addiction
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1 forming or addiction sustaining liability.
2 (ee) "Opium poppy" means the plant of the species
3 Papaver somniferum L., except its seeds.
4 (ff) "Parole and Pardon Board" means the Parole and
5 Pardon Board of the State of Illinois or its successor
6 agency.
7 (gg) "Person" means any individual, corporation,
8 mail-order pharmacy, government or governmental subdivision
9 or agency, business trust, estate, trust, partnership or
10 association, or any other entity.
11 (hh) "Pharmacist" means any person who holds a
12 certificate of registration as a registered pharmacist, a
13 local registered pharmacist or a registered assistant
14 pharmacist under the 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
17 Pharmacy 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
21 practice medicine in all its branches, dentist, podiatrist,
22 veterinarian, scientific investigator, pharmacist, physician
23 assistant, licensed practical nurse, registered nurse,
24 hospital, laboratory, or pharmacy, or other person licensed,
25 registered, or otherwise lawfully permitted by the United
26 States or this State to distribute, dispense, conduct
27 research with respect to, administer or use in teaching or
28 chemical analysis, a controlled substance in the course of
29 professional practice or research.
30 (ll) "Pre-printed prescription" means a written
31 prescription upon which the designated drug has been
32 indicated prior to the time of issuance.
33 (mm) "Prescriber" means a physician licensed to practice
34 medicine in all its branches, dentist, podiatrist or
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1 veterinarian who issues a prescription or a physician
2 assistant who issues a prescription for a Schedule III, IV,
3 or V controlled substance as delegated by a physician
4 licensed to practice medicine in all its branches in
5 accordance with the written guidelines required under Section
6 7.5 of the Physician Assistant Practice Act of 1987.
7 (nn) "Prescription" means a lawful written, facsimile,
8 or verbal order of a physician licensed to practice medicine
9 in all its branches, dentist, podiatrist or veterinarian for
10 any controlled substance, or of a physician assistant for a
11 Schedule III, IV, or V controlled substance as delegated by a
12 physician licensed to practice medicine in all its branches
13 in accordance with the written guidelines required under
14 Section 7.5 of the Physician Assistant Practice Act of 1987.
15 (oo) "Production" or "produce" means manufacture,
16 planting, cultivating, growing, or harvesting of a controlled
17 substance.
18 (pp) "Registrant" means every person who is required to
19 register under Section 302 of this Act.
20 (qq) "Registry number" means the number assigned to each
21 person authorized to handle controlled substances under the
22 laws of the United States and of this State.
23 (rr) "State" includes the State of Illinois and any
24 state, district, commonwealth, territory, insular possession
25 thereof, and any area subject to the legal authority of the
26 United States of America.
27 (ss) "Ultimate user" means a person who lawfully
28 possesses a controlled substance for his own use or for the
29 use of a member of his household or for administering to an
30 animal owned by him or by a member of his household.
31 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
32 Section 95. No acceleration or delay. Where this Act
33 makes changes in a statute that is represented in this Act by
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1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i)
4 the changes made by this Act or (ii) provisions derived from
5 any other Public Act.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.