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90_HB0557ham001
LRB9002898DPgcam01
1 AMENDMENT TO HOUSE BILL 557
2 AMENDMENT NO. . Amend House Bill 557 by replacing
3 the title with the following:
4 "AN ACT concerning physician assistants, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Pharmacy Practice Act of 1987 is amended
9 by changing Sections 3 and 4 as follows:
10 (225 ILCS 85/3) (from Ch. 111, par. 4123)
11 (Text of Section before amendment by P.A. 89-507)
12 Sec. 3. For the purpose of this Act, except where
13 otherwise limited therein:
14 (a) "Pharmacy" or "Drugstore" means and includes every
15 store, or shop, pharmacy department, or other place where:
16 (l) pharmaceutical care is provided by a pharmacist; or (2)
17 drugs, medicines, or poisons are dispensed, or sold or
18 offered for sale at retail; or displayed for sale at retail;
19 or (3) where prescriptions of physicians, dentists,
20 veterinarians, or other persons authorized to prescribe drugs
21 within the limits of their licenses are compounded, filled,
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1 or dispensed; or (4) which has upon it or displayed within
2 it, or affixed to or used in connection with it, a sign
3 bearing the word or words "Pharmacist", "Druggist",
4 "Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
5 "Prescriptions", "Drugs", "Medicines", or any word or words
6 of similar or like import, either in the English language or
7 any other language; or (5) where the characteristic
8 prescription sign (Rx) or similar design is exhibited; or (6)
9 any store, or shop, or other place with respect to which any
10 of the above words, objects, signs or designs are used in any
11 advertisement.
12 (b) "Drugs" means and includes (l) articles recognized
13 in the official United States Pharmacopoeia/National
14 Formulary (USP/NF), or any supplement thereto and being
15 intended for and having for their main use the diagnosis,
16 cure, mitigation, treatment or prevention of disease in man
17 or other animals, as approved by the United States Food and
18 Drug Administration, but does not include devices or their
19 components, parts, or accessories; and (2) all other articles
20 intended for and having for their main use the diagnosis,
21 cure, mitigation, treatment or prevention of disease in man
22 or other animals, as approved by the United States Food and
23 Drug Administration, but does not include devices or their
24 components, parts, or accessories; and (3) articles (other
25 than food) having for their main use and intended to affect
26 the structure or any function of the body of man or other
27 animals; and (4) articles having for their main use and
28 intended for use as a component or any articles specified in
29 clause (l), (2) or (3); but does not include devices or their
30 components, parts or accessories.
31 (c) "Medicines" means and includes all drugs intended
32 for human or veterinary use approved by the United States
33 Food and Drug Administration.
34 (d) "Practice of pharmacy" means the provision of
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1 pharmaceutical care to patients which may include, but is not
2 limited to, (1) patient counseling, (2) interpretation and
3 assisting in the monitoring of appropriate drug use and
4 prospective drug utilization review, (3) providing
5 information on the therapeutic values, reactions, drug
6 interactions, side effects, uses, selection of medications
7 and medical devices, and outcome of drug therapy, (4)
8 participation in drug selection, drug monitoring, drug
9 utilization review, evaluation, administration,
10 interpretation, and applying pharmacokinetic and laboratory
11 data to design safe and effective drug regimens and drug
12 research (clinical and scientific) when applicable in the
13 pharmacist's professional judgment, and (6) compounding and
14 dispensing of drugs and medical devices.
15 (e) "Prescription" means and includes any order for
16 drugs or medical devices, issued by a physician licensed to
17 practice medicine in all its branches, dentist, veterinarian,
18 or podiatrist, or by a physician assistant in accordance with
19 subsection (f) of Section 4, containing the following: (l)
20 Name of the patient; (2) date when prescription was given;
21 (3) name and strength of drug or description of the medical
22 device prescribed; and (4) quantity, (5) directions for use,
23 (6) prescriber's name, address and signature, and (7) DEA
24 number where required, for controlled substances. DEA numbers
25 shall not be required on inpatient drug orders.
26 (f) "Person" means and includes a natural person,
27 copartnership, association, or corporation.
28 (g) "Department" means the Department of Professional
29 Regulation.
30 (h) "Board of Pharmacy" or "Board" means the State Board
31 of Pharmacy of the Department of Professional Regulation.
32 (i) "Director" means the Director of Professional
33 Regulation.
34 (j) "Drug product selection" means the interchange for a
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1 prescribed pharmaceutical product in accordance with Section
2 25 of this Act and Section 3.14 of the Illinois Food, Drug
3 and Cosmetic Act.
4 (k) "Inpatient drug order" means an order issued by an
5 authorized prescriber for a resident or patient of a facility
6 licensed under the Nursing Home Care Act or the Hospital
7 Licensing Act, or "An Act in relation to the founding and
8 operation of the University of Illinois Hospital and the
9 conduct of University of Illinois health care programs",
10 approved July 3, 1931, as amended, or a facility which is
11 operated by the Department of Mental Health and Developmental
12 Disabilities or the Department of Corrections.
13 (l) "Pharmacist in charge" means the licensed pharmacist
14 whose name appears on a pharmacy license who is responsible
15 for all aspects of the operation related to the practice of
16 pharmacy.
17 (m) "Dispense" means the delivery of drugs and medical
18 devices, in accordance with applicable State and federal laws
19 and regulations, to the patient or the patient's
20 representative authorized to receive these products,
21 including the compounding, packaging, and labeling necessary
22 for delivery, and any recommending or advising concerning the
23 contents and therapeutic values and uses thereof.
24 (n) "Mail-order pharmacy" means a pharmacy that is
25 located in a state of the United States, other than Illinois,
26 that delivers, dispenses or distributes, through the United
27 States Postal Service or other common carrier, to Illinois
28 residents, any substance which requires a prescription.
29 (o) "Compounding" means the preparation, mixing,
30 assembling, packaging, or labeling of a drug or medical
31 device: (1) as the result of a practitioner's prescription
32 drug order or initiative that is dispensed pursuant to a
33 prescription in the course of professional practice; or (2)
34 for the purpose of, or incident to, research, teaching, or
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1 chemical analysis and not for sale or dispensing a
2 prescriber's order; or (3) the preparation of drugs or
3 medical devices in anticipation of prescription drug orders
4 based on routine, regularly observed prescribing patterns.
5 (p) "Confidential information" means information,
6 maintained by the pharmacist in the patient's records,
7 released only (i) to the patient or, as the patient directs,
8 to other practitioners and other pharmacists or (ii) to any
9 other person or governmental agency authorized by law to
10 receive the information.
11 (q) "Prospective drug review" or "drug utilization
12 evaluation" means a review of the screening for potential
13 drug therapy problems due to therapeutic duplication,
14 drug-disease contraindications, drug-drug interactions
15 (including serious interactions with nonprescription or
16 over-the-counter drugs), incorrect drug dosage or duration of
17 drug treatment, drug-allergy interactions, and clinical abuse
18 or misuse.
19 (r) "Patient counseling" means the offer to counsel
20 shall be made by the pharmacist or the pharmacist's designee
21 in a face-to-face communication with the patient, unless, in
22 the professional judgment of the pharmacists it is deemed
23 inappropriate or unnecessary. In such instances, it would be
24 permissible for the offer to counsel to be made in a written
25 communication, by telephone or in a manner determined by the
26 pharmacist to be appropriate.
27 (s) "Patient profiles" or "patient drug therapy record"
28 means the obtaining, recording, and maintenance of patient
29 information.
30 (t) "Pharmaceutical care" includes, but is not limited
31 to, the act of monitoring drug use and other patient care
32 services intended to achieve outcomes that improve the
33 patient's quality of life but shall not include the sale of
34 over-the-counter drugs by a seller of goods and services who
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1 does not dispense prescription drugs.
2 (u) "Medical device" means an instrument, apparatus,
3 implement, machine, contrivance, implant, in vitro reagent,
4 or other similar or related article, including any component
5 part or accessory, required under federal law to bear the
6 label "Caution: Federal law requires dispensing by or on the
7 order of a physician". A seller of goods and services who,
8 only for the purpose of retail sales, compounds, sells,
9 rents, or leases medical devices shall not, by reasons
10 thereof, be required to be a licensed pharmacy.
11 (Source: P.A. 89-202, eff. 7-21-95.)
12 (Text of Section after amendment by P.A. 89-507)
13 Sec. 3. For the purpose of this Act, except where
14 otherwise limited therein:
15 (a) "Pharmacy" or "Drugstore" means and includes every
16 store, or shop, pharmacy department, or other place where:
17 (l) pharmaceutical care is provided by a pharmacist; or (2)
18 drugs, medicines, or poisons are dispensed, or sold or
19 offered for sale at retail; or displayed for sale at retail;
20 or (3) where prescriptions of physicians, dentists,
21 veterinarians, or other persons authorized to prescribe drugs
22 within the limits of their licenses are compounded, filled,
23 or dispensed; or (4) which has upon it or displayed within
24 it, or affixed to or used in connection with it, a sign
25 bearing the word or words "Pharmacist", "Druggist",
26 "Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
27 "Prescriptions", "Drugs", "Medicines", or any word or words
28 of similar or like import, either in the English language or
29 any other language; or (5) where the characteristic
30 prescription sign (Rx) or similar design is exhibited; or (6)
31 any store, or shop, or other place with respect to which any
32 of the above words, objects, signs or designs are used in any
33 advertisement.
34 (b) "Drugs" means and includes (l) articles recognized
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1 in the official United States Pharmacopoeia/National
2 Formulary (USP/NF), or any supplement thereto and being
3 intended for and having for their main use the diagnosis,
4 cure, mitigation, treatment or prevention of disease in man
5 or other animals, as approved by the United States Food and
6 Drug Administration, but does not include devices or their
7 components, parts, or accessories; and (2) all other articles
8 intended for and having for their main use the diagnosis,
9 cure, mitigation, treatment or prevention of disease in man
10 or other animals, as approved by the United States Food and
11 Drug Administration, but does not include devices or their
12 components, parts, or accessories; and (3) articles (other
13 than food) having for their main use and intended to affect
14 the structure or any function of the body of man or other
15 animals; and (4) articles having for their main use and
16 intended for use as a component or any articles specified in
17 clause (l), (2) or (3); but does not include devices or their
18 components, parts or accessories.
19 (c) "Medicines" means and includes all drugs intended
20 for human or veterinary use approved by the United States
21 Food and Drug Administration.
22 (d) "Practice of pharmacy" means the provision of
23 pharmaceutical care to patients which may include, but is not
24 limited to, (1) patient counseling, (2) interpretation and
25 assisting in the monitoring of appropriate drug use and
26 prospective drug utilization review, (3) providing
27 information on the therapeutic values, reactions, drug
28 interactions, side effects, uses, selection of medications
29 and medical devices, and outcome of drug therapy, (4)
30 participation in drug selection, drug monitoring, drug
31 utilization review, evaluation, administration,
32 interpretation, and applying pharmacokinetic and laboratory
33 data to design safe and effective drug regimens and drug
34 research (clinical and scientific) when applicable in the
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1 pharmacist's professional judgment, and (6) compounding and
2 dispensing of drugs and medical devices.
3 (e) "Prescription" means and includes any order for
4 drugs or medical devices, issued by a physician licensed to
5 practice medicine in all its branches, dentist, veterinarian,
6 or podiatrist, or by a physician assistant in accordance with
7 subsection (f) of Section 4, containing the following: (l)
8 Name of the patient; (2) date when prescription was given;
9 (3) name and strength of drug or description of the medical
10 device prescribed; and (4) quantity, (5) directions for use,
11 (6) prescriber's name, address and signature, and (7) DEA
12 number where required, for controlled substances. DEA numbers
13 shall not be required on inpatient drug orders.
14 (f) "Person" means and includes a natural person,
15 copartnership, association, or corporation.
16 (g) "Department" means the Department of Professional
17 Regulation.
18 (h) "Board of Pharmacy" or "Board" means the State Board
19 of Pharmacy of the Department of Professional Regulation.
20 (i) "Director" means the Director of Professional
21 Regulation.
22 (j) "Drug product selection" means the interchange for a
23 prescribed pharmaceutical product in accordance with Section
24 25 of this Act and Section 3.14 of the Illinois Food, Drug
25 and Cosmetic Act.
26 (k) "Inpatient drug order" means an order issued by an
27 authorized prescriber for a resident or patient of a facility
28 licensed under the Nursing Home Care Act or the Hospital
29 Licensing Act, or "An Act in relation to the founding and
30 operation of the University of Illinois Hospital and the
31 conduct of University of Illinois health care programs",
32 approved July 3, 1931, as amended, or a facility which is
33 operated by the Department of Human Services (as successor to
34 the Department of Mental Health and Developmental
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1 Disabilities) or the Department of Corrections.
2 (l) "Pharmacist in charge" means the licensed pharmacist
3 whose name appears on a pharmacy license who is responsible
4 for all aspects of the operation related to the practice of
5 pharmacy.
6 (m) "Dispense" means the delivery of drugs and medical
7 devices, in accordance with applicable State and federal laws
8 and regulations, to the patient or the patient's
9 representative authorized to receive these products,
10 including the compounding, packaging, and labeling necessary
11 for delivery, and any recommending or advising concerning the
12 contents and therapeutic values and uses thereof.
13 (n) "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 (o) "Compounding" means the preparation, mixing,
19 assembling, packaging, or labeling of a drug or medical
20 device: (1) as the result of a practitioner's prescription
21 drug order or initiative that is dispensed pursuant to a
22 prescription in the course of professional practice; or (2)
23 for the purpose of, or incident to, research, teaching, or
24 chemical analysis and not for sale or dispensing a
25 prescriber's order; or (3) the preparation of drugs or
26 medical devices in anticipation of prescription drug orders
27 based on routine, regularly observed prescribing patterns.
28 (p) "Confidential information" means information,
29 maintained by the pharmacist in the patient's records,
30 released only (i) to the patient or, as the patient directs,
31 to other practitioners and other pharmacists or (ii) to any
32 other person or governmental agency authorized by law to
33 receive the information.
34 (q) "Prospective drug review" or "drug utilization
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1 evaluation" means a review of the screening for potential
2 drug therapy problems due to therapeutic duplication,
3 drug-disease contraindications, drug-drug interactions
4 (including serious interactions with nonprescription or
5 over-the-counter drugs), incorrect drug dosage or duration of
6 drug treatment, drug-allergy interactions, and clinical abuse
7 or misuse.
8 (r) "Patient counseling" means the offer to counsel
9 shall be made by the pharmacist or the pharmacist's designee
10 in a face-to-face communication with the patient, unless, in
11 the professional judgment of the pharmacists it is deemed
12 inappropriate or unnecessary. In such instances, it would be
13 permissible for the offer to counsel to be made in a written
14 communication, by telephone or in a manner determined by the
15 pharmacist to be appropriate.
16 (s) "Patient profiles" or "patient drug therapy record"
17 means the obtaining, recording, and maintenance of patient
18 information.
19 (t) "Pharmaceutical care" includes, but is not limited
20 to, the act of monitoring drug use and other patient care
21 services intended to achieve outcomes that improve the
22 patient's quality of life but shall not include the sale of
23 over-the-counter drugs by a seller of goods and services who
24 does not dispense prescription drugs.
25 (u) "Medical device" means an instrument, apparatus,
26 implement, machine, contrivance, implant, in vitro reagent,
27 or other similar or related article, including any component
28 part or accessory, required under federal law to bear the
29 label "Caution: Federal law requires dispensing by or on the
30 order of a physician". A seller of goods and services who,
31 only for the purpose of retail sales, compounds, sells,
32 rents, or leases medical devices shall not, by reasons
33 thereof, be required to be a licensed pharmacy.
34 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)
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1 (225 ILCS 85/4) (from Ch. 111, par. 4124)
2 Sec. 4. Nothing contained in any Section of this Act
3 shall apply to, or in any manner interfere with:;
4 (a) the lawful practice of any physician licensed to
5 practice medicine in all its branches, dentist, podiatrist,
6 veterinarian or other persons authorized to prescribe drugs
7 within the limits of their licenses, or prevent him from
8 supplying to his bona fide patients such drugs, medicines, or
9 poisons as may seem to him proper;
10 (b) the sale of compressed gases;
11 (c) the sale of patent or proprietary medicines and
12 household remedies when sold in original and unbroken
13 packages only, if such patent or proprietary medicines and
14 household remedies be properly and adequately labeled as to
15 content and usage and generally considered and accepted as
16 harmless and nonpoisonous when used according to the
17 directions on the label, and also do not contain opium or
18 coca leaves, or any compound, salt or derivative thereof, or
19 any drug which, according to the latest editions of the
20 following authoritative pharmaceutical treatises and
21 standards, namely, The United States Pharmacopoeia/National
22 Formulary (USP/NF), the United States Dispensatory, and the
23 Accepted Dental Remedies of the Council of Dental
24 Therapeutics of the American Dental Association or any or
25 either of them, in use on the effective date of this Act, or
26 according to the existing provisions of the Federal Food,
27 Drug, and Cosmetic Act and Regulations of the Department of
28 Health and Human Services, Food and Drug Administration,
29 promulgated thereunder now in effect, is designated,
30 described or considered as a narcotic, hypnotic, habit
31 forming, dangerous, or poisonous drug;
32 (d) the sale of poultry and livestock remedies in
33 original and unbroken packages only, labeled for poultry and
34 livestock medication; and
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1 (e) the sale of poisonous substances or mixture of
2 poisonous substances, in unbroken packages, for nonmedicinal
3 use in the arts or industries or for insecticide purposes;
4 provided, they are properly and adequately labeled as to
5 content and such nonmedicinal usage, in conformity with the
6 provisions of all applicable federal, state and local laws
7 and regulations promulgated thereunder now in effect relating
8 thereto and governing the same, and those which are required
9 under such applicable laws and regulations to be labeled with
10 the word "Poison", are also labeled with the word "Poison"
11 printed thereon in prominent type and the name of a readily
12 obtainable antidote with directions for its administration;
13 and.
14 (f) the delegation of limited prescriptive authority by
15 a physician licensed to practice medicine in all its branches
16 to a physician assistant under Section 7.5 of the Physician
17 Assistant Practice Act of 1987. This delegated authority may
18 but is not required to include prescription of Schedule III,
19 IV, or V controlled substances, as defined in Article II of
20 the Illinois Controlled Substances Act, in accordance with
21 written guidelines under Section 7.5 of the Physician
22 Assistant Practice Act of 1987.
23 (Source: P.A. 85-796.)
24 Section 10. The Physician Assistant Practice Act of 1987
25 is amended by changing Sections 6, 7, and 21 and by adding
26 Section 7.5 as follows:
27 (225 ILCS 95/6) (from Ch. 111, par. 4606)
28 Sec. 6. Designation; billing. No physician assistant
29 shall use the title of doctor or associate with his name or
30 any other term which would indicate to other persons that he
31 is qualified to engage in the general practice of medicine.
32 A physician assistant shall not be allowed to bill patients
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1 or in any way to charge for services. Nothing in this Act,
2 however, shall be so construed as to prevent the employer of
3 a physician assistant from charging for services rendered by
4 the physician assistant. Payment for services rendered by a
5 physician assistant shall be made to his or her employer if
6 the payor would have made payment had the services been
7 provided by a physician licensed to practice medicine in all
8 its branches. The supervising physician shall file with the
9 Department notice of employment, discharge or supervisory
10 control of a physician assistant at the time of employment,
11 discharge or assumption of supervisory control of a physician
12 assistant.
13 (Source: P.A. 85-981.)
14 (225 ILCS 95/7) (from Ch. 111, par. 4607)
15 (Text of Section before amendment by P.A. 89-507)
16 Sec. 7. Supervision requirements. No more than 2 1
17 physician assistants assistant shall be supervised by the
18 supervising physician, although a physician assistant shall
19 be able to hold more than one professional position. Each
20 supervising physician shall file a notice of supervision of
21 such physician assistant according to the rules of the
22 Department. However, the alternate supervising physician may
23 supervise more than 2 1 physician assistants assistant when
24 the supervising physician is unable to provide such
25 supervision consistent with the definition of alternate
26 physician in Section 4. Physician assistants shall be
27 supervised only by physicians as defined in this Act who are
28 engaged in clinical practice, or in clinical practice in
29 public health or other community health facilities. Nothing
30 in this Act shall be construed to limit the delegation of
31 tasks or duties by a physician to a nurse or other
32 appropriately trained personnel. Nothing in this Act shall be
33 construed as to prohibit the employment of physician
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1 assistants by a hospital, nursing home or other health care
2 facility where such physician assistants function under the
3 supervision of a supervising physician. Physician assistants
4 may be employed by the Department of Corrections, or the
5 Department of Mental Health and Developmental Disabilities
6 for service in facilities maintained by such Departments and
7 affiliated training facilities in programs conducted under
8 the authority of the Director of Corrections or the Director
9 of the Department of Mental Health and Developmental
10 Disabilities. Each physician assistant employed by the
11 Department of Corrections or the Department of Mental Health
12 and Developmental Disabilities shall be under the supervision
13 of a physician engaged in clinical practice and direct
14 patient care. Duties of each physician assistant employed by
15 such Departments are limited to those within the scope of
16 practice of the supervising physician who is fully
17 responsible for all physician assistant activities.
18 (Source: P.A. 85-981.)
19 (Text of Section after amendment by P.A. 89-507)
20 Sec. 7. Supervision requirements. No more than 2 one
21 physician assistants assistant shall be supervised by the
22 supervising physician, although a physician assistant shall
23 be able to hold more than one professional position. Each
24 supervising physician shall file a notice of supervision of
25 such physician assistant according to the rules of the
26 Department. However, the alternate supervising physician may
27 supervise more than 2 one physician assistants assistant when
28 the supervising physician is unable to provide such
29 supervision consistent with the definition of alternate
30 physician in Section 4. Physician assistants shall be
31 supervised only by physicians as defined in this Act who are
32 engaged in clinical practice, or in clinical practice in
33 public health or other community health facilities. Nothing
34 in this Act shall be construed to limit the delegation of
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1 tasks or duties by a physician to a nurse or other
2 appropriately trained personnel. Nothing in this Act shall be
3 construed to prohibit the employment of physician assistants
4 by a hospital, nursing home or other health care facility
5 where such physician assistants function under the
6 supervision of a supervising physician. Physician assistants
7 may be employed by the Department of Corrections or the
8 Department of Human Services (as successor to the Department
9 of Mental Health and Developmental Disabilities) for service
10 in facilities maintained by such Departments and affiliated
11 training facilities in programs conducted under the authority
12 of the Director of Corrections or the Secretary of Human
13 Services. Each physician assistant employed by the
14 Department of Corrections or the Department of Human Services
15 (as successor to the Department of Mental Health and
16 Developmental Disabilities) shall be under the supervision of
17 a physician engaged in clinical practice and direct patient
18 care. Duties of each physician assistant employed by such
19 Departments are limited to those within the scope of practice
20 of the supervising physician who is fully responsible for all
21 physician assistant activities.
22 (Source: P.A. 89-507, eff. 7-1-97.)
23 (225 ILCS 95/7.5 new)
24 Sec. 7.5. Prescriptions. A supervising physician may
25 delegate limited prescriptive authority to a physician
26 assistant. This authority may, but is not required to,
27 include prescription of Schedule III, IV, or V controlled
28 substances, as defined in Article II of the Illinois
29 Controlled Substances Act, as delegated in the written
30 guidelines required by this Act. To prescribe Schedule III,
31 IV, or V controlled substances under this Section, a
32 physician assistant shall affix the supervising physician's
33 DEA number to, and individually sign, the appropriate
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1 prescription form containing the printed names of the
2 physician assistant and supervising physician in accordance
3 with the written guidelines. Medication orders issued by a
4 physician assistant shall be reviewed periodically by the
5 supervising physician. The supervising physician shall file
6 with the Department notice of delegation of prescriptive
7 authority to a physician assistant and termination of
8 delegation, specifying the authority delegated or terminated.
9 Nothing in this Act shall be construed to limit the
10 delegation of tasks or duties by the supervising physician
11 to a nurse or other appropriately trained personnel.
12 The Department shall establish by rule the minimum
13 requirements for written guidelines to be followed under this
14 Section.
15 (225 ILCS 95/21) (from Ch. 111, par. 4621)
16 Sec. 21. Grounds for Discipline.
17 (a) The Department may refuse to issue or to renew, or
18 may revoke, suspend, place on probation, censure or
19 reprimand, or take other disciplinary action with regard to
20 any license issued under this Act as the Department may deem
21 proper, including the issuance of fines not to exceed $5000
22 for each violation, for any one or combination of the
23 following causes:
24 (1) 1. Material misstatement in furnishing
25 information to the Department.;
26 (2) 2. Violations of this Act, or the rules
27 promulgated hereunder.;
28 (3) 3. Conviction of any crime under the laws of
29 any U.S. jurisdiction thereof which is a felony or which
30 is a misdemeanor, an essential element of which is
31 dishonesty, or of any crime which is directly related to
32 the practice of the profession.;
33 (4) 4. Making any misrepresentation for the purpose
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1 of obtaining licenses.
2 (5) 5. Professional incompetence.;
3 (6) 6. Aiding or assisting another person in
4 violating any provision of this Act or Rules.;
5 (7) 7. Failing, within 60 days, to provide
6 information in response to a written request made by the
7 Department.;
8 (8) 8. Engaging in dishonorable, unethical or
9 unprofessional conduct of a character likely to deceive,
10 defraud or harm the public.;
11 (9) 9. Habitual or excessive use or addiction to
12 alcohol, narcotics, stimulants or any other chemical
13 agent or drug which results in a physician assistants'
14 inability to practice with reasonable judgment, skill or
15 safety.;
16 (10) 10. Discipline by another U.S. jurisdiction or
17 foreign nation, if at least one of the grounds for a
18 discipline is the same or substantially equivalent to
19 those set forth herein.;
20 (11) 11. Directly or indirectly giving to or
21 receiving from any person, firm, corporation, partnership
22 or association any fee, commission, rebate or other form
23 of compensation for any professional services not
24 actually or personally rendered.;
25 (12) 12. A finding by the Disciplinary Board that
26 the licensee, after having his license placed on
27 probationary status has violated the terms of probation.;
28 (13) 13. Abandonment of a patient.;
29 (14) 14. Willfully making or filing false records
30 or reports in his practice, including but not limited to
31 false records filed with state agencies or departments;
32 (15) 15. Willfully failing to report an instance of
33 suspected child abuse or neglect as required by the
34 Abused and Neglected Child Reporting Act.;
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1 (16) 16. Physical illness, including but not
2 limited to, deterioration through the aging process, or
3 loss of motor skill which results in the inability to
4 practice the profession with reasonable judgment, skill
5 or safety.;
6 (17) 17. Being named as a perpetrator in an
7 indicated report by the Department of Children and Family
8 Services under the Abused and Neglected Child Reporting
9 Act, and upon proof by clear and convincing evidence that
10 the licensee has caused a child to be an abused child or
11 neglected child as defined in the Abused and Neglected
12 Child Reporting Act.;
13 (18) 18. Conviction in this or another state of any
14 crime which is a felony under the laws of this State, or
15 conviction of a felony in a federal court.;
16 (19) 19. Gross malpractice resulting in permanent
17 injury or death of a patient.;
18 (20) 20. Employment of fraud, deception or any
19 unlawful means in applying for or securing a license as a
20 physician assistant.;
21 (21) 21. Exceeding the authority delegated to him
22 by his supervising physician in guidelines established by
23 the physician/physician assistant team.;
24 (22) 22. Immoral conduct in the commission of any
25 act, such as sexual abuse, sexual misconduct or sexual
26 exploitation, related to the licensee's practice.;
27 (23) 23. Violation of the Health Care Worker
28 Self-Referral Act.
29 (24) Practicing under a false or assumed name,
30 except as provided by law.
31 (25) Making a false or misleading statement
32 regarding his or her skill or the efficacy or value of
33 the medicine, treatment, or remedy prescribed by him or
34 her in the course of treatment.
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1 (26) Allowing another person to use his or her
2 license to practice.
3 (27) Prescribing, selling, administering,
4 distributing, giving, or self-administering a drug
5 classified as a controlled substance (designated product)
6 or narcotic for other than medically-accepted therapeutic
7 purposes.
8 (28) Promotion of the sale of drugs, devices,
9 appliances, or goods provided for a patient in a manner
10 to exploit the patient for financial gain.
11 (29) A pattern of practice or other behavior that
12 demonstrates incapacity or incompetence to practice under
13 this Act.
14 (30) Violating State or federal laws or regulations
15 relating to controlled substances.
16 (31) Exceeding the limited prescriptive authority
17 delegated by the supervising physician or violating the
18 written guidelines delegating that authority.
19 (32) Practicing without providing to the Department
20 a notice of supervision or delegation of prescriptive
21 authority.
22 (b) The Department may refuse to issue or may suspend
23 the license of any person who fails to file a return, or to
24 pay the tax, penalty or interest shown in a filed return, or
25 to pay any final assessment of the tax, penalty, or interest
26 as required by any tax Act administered by the Illinois
27 Department of Revenue, until such time as the requirements of
28 any such tax Act are satisfied.
29 (c) The determination by a circuit court that a licensee
30 is subject to involuntary admission or judicial admission as
31 provided in the Mental Health and Developmental Disabilities
32 Code operates as an automatic suspension. Such suspension
33 will end only upon a finding by a court that the patient is
34 no longer subject to involuntary admission or judicial
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1 admission and issues an order so finding and discharging the
2 patient; and upon the recommendation of the Disciplinary
3 Board to the Director that the licensee be allowed to resume
4 his practice.
5 Section 15. The Illinois Clinical Laboratory and Blood
6 Bank Act is amended by changing Section 7-101 as follows:
7 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
8 Sec. 7-101. Examination of specimens. A clinical
9 laboratory shall examine specimens only at the request of a
10 licensed physician, licensed dentist, licensed podiatrist,
11 licensed physician assistant in accordance with the written
12 guidelines required under subdivision (3) of Section 4 and
13 under Section 7.5 of the Physician Assistant Practice Act of
14 1987, or authorized law enforcement agency, or, in the case
15 of blood alcohol, at the request of the individual for whom
16 the test is to be performed in compliance with Sections
17 11-501 and 11-501.1 of the Illinois Vehicle Code. If the
18 request to a laboratory is oral, the physician or other
19 authorized person shall submit a written request to the
20 laboratory within 48 hours. If the laboratory does not
21 receive the written request within that period, it shall note
22 that fact in its records.
23 Section 20. The Abused and Neglected Child Reporting Act
24 is amended by changing Section 4 as follows:
25 (325 ILCS 5/4) (from Ch. 23, par. 2054)
26 (Text of Section before amendment by P.A. 89-507)
27 Sec. 4. Any physician, resident, intern, hospital,
28 hospital administrator and personnel engaged in examination,
29 care and treatment of persons, surgeon, dentist, dentist
30 hygienist, osteopath, chiropractor, podiatrist, physician
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1 assistant, substance abuse treatment personnel, Christian
2 Science practitioner, funeral home director or employee,
3 coroner, medical examiner, emergency medical technician,
4 acupuncturist, crisis line or hotline personnel, school
5 personnel, educational advocate assigned to a child pursuant
6 to the School Code, truant officers, social worker, social
7 services administrator, domestic violence program personnel,
8 registered nurse, licensed practical nurse, director or staff
9 assistant of a nursery school or a child day care center,
10 recreational program or facility personnel, law enforcement
11 officer, registered psychologist and assistants working
12 under the direct supervision of a psychologist, psychiatrist,
13 or field personnel of the Illinois Department of Public Aid,
14 Public Health, Mental Health and Developmental Disabilities,
15 Corrections, Human Rights, Rehabilitation Services, or
16 Children and Family Services, supervisor and administrator of
17 general assistance under the Illinois Public Aid Code,
18 probation officer, or any other foster parent, homemaker or
19 child care worker having reasonable cause to believe a child
20 known to them in their professional or official capacity may
21 be an abused child or a neglected child shall immediately
22 report or cause a report to be made to the Department.
23 Whenever such person is required to report under this Act in
24 his capacity as a member of the staff of a medical or other
25 public or private institution, school, facility or agency, he
26 shall make report immediately to the Department in accordance
27 with the provisions of this Act and may also notify the
28 person in charge of such institution, school, facility or
29 agency or his designated agent that such report has been
30 made. Under no circumstances shall any person in charge of
31 such institution, school, facility or agency, or his
32 designated agent to whom such notification has been made,
33 exercise any control, restraint, modification or other change
34 in the report or the forwarding of such report to the
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1 Department. The privileged quality of communication between
2 any professional person required to report and his patient or
3 client shall not apply to situations involving abused or
4 neglected children and shall not constitute grounds for
5 failure to report as required by this Act. In addition to
6 the above persons required to report suspected cases of
7 abused or neglected children, any other person may make a
8 report if such person has reasonable cause to believe a child
9 may be an abused child or a neglected child. Any person who
10 enters into employment on and after July 1, 1986 and is
11 mandated by virtue of that employment to report under this
12 Act, shall sign a statement on a form prescribed by the
13 Department, to the effect that the employee has knowledge and
14 understanding of the reporting requirements of this Act. The
15 statement shall be signed prior to commencement of the
16 employment. The signed statement shall be retained by the
17 employer. The cost of printing, distribution, and filing of
18 the statement shall be borne by the employer. The Department
19 shall provide copies of this Act, upon request, to all
20 employers employing persons who shall be required under the
21 provisions of this Section to report under this Act.
22 Any person who knowingly transmits a false report to the
23 Department commits the offense of disorderly conduct under
24 subsection (a)(7) of Section 26-1 of the "Criminal Code of
25 1961". Any person who violates this provision a second or
26 subsequent time shall be guilty of a Class 4 felony.
27 Any person who knowingly and willfully violates any
28 provision of this Section other than a second or subsequent
29 violation of transmitting a false report as described in the
30 preceding paragraph, shall be guilty of a Class A
31 misdemeanor.
32 A child whose parent, guardian or custodian in good faith
33 selects and depends upon spiritual means through prayer
34 alone for the treatment or cure of disease or remedial care
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1 may be considered neglected or abused, but not for the sole
2 reason that his parent, guardian or custodian accepts and
3 practices such beliefs.
4 A child shall not be considered neglected or abused
5 solely because the child is not attending school in
6 accordance with the requirements of Article 26 of the School
7 Code, as amended.
8 (Source: P.A. 89-363, eff. 1-1-96; 89-706, eff. 1-31-97.)
9 (Text of Section after amendment by P.A. 89-507)
10 Sec. 4. Any physician, resident, intern, hospital,
11 hospital administrator and personnel engaged in examination,
12 care and treatment of persons, surgeon, dentist, dentist
13 hygienist, osteopath, chiropractor, podiatrist, physician
14 assistant, substance abuse treatment personnel, Christian
15 Science practitioner, funeral home director or employee,
16 coroner, medical examiner, emergency medical technician,
17 acupuncturist, crisis line or hotline personnel, school
18 personnel, educational advocate assigned to a child pursuant
19 to the School Code, truant officers, social worker, social
20 services administrator, domestic violence program personnel,
21 registered nurse, licensed practical nurse, director or staff
22 assistant of a nursery school or a child day care center,
23 recreational program or facility personnel, law enforcement
24 officer, registered psychologist and assistants working
25 under the direct supervision of a psychologist, psychiatrist,
26 or field personnel of the Illinois Department of Public Aid,
27 Public Health, Human Services (acting as successor to the
28 Department of Mental Health and Developmental Disabilities,
29 Rehabilitation Services, or Public Aid), Corrections, Human
30 Rights, or Children and Family Services, supervisor and
31 administrator of general assistance under the Illinois Public
32 Aid Code, probation officer, or any other foster parent,
33 homemaker or child care worker having reasonable cause to
34 believe a child known to them in their professional or
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1 official capacity may be an abused child or a neglected child
2 shall immediately report or cause a report to be made to the
3 Department. Whenever such person is required to report under
4 this Act in his capacity as a member of the staff of a
5 medical or other public or private institution, school,
6 facility or agency, he shall make report immediately to the
7 Department in accordance with the provisions of this Act and
8 may also notify the person in charge of such institution,
9 school, facility or agency or his designated agent that such
10 report has been made. Under no circumstances shall any
11 person in charge of such institution, school, facility or
12 agency, or his designated agent to whom such notification has
13 been made, exercise any control, restraint, modification or
14 other change in the report or the forwarding of such report
15 to the Department. The privileged quality of communication
16 between any professional person required to report and his
17 patient or client shall not apply to situations involving
18 abused or neglected children and shall not constitute grounds
19 for failure to report as required by this Act. In addition
20 to the above persons required to report suspected cases of
21 abused or neglected children, any other person may make a
22 report if such person has reasonable cause to believe a child
23 may be an abused child or a neglected child. Any person who
24 enters into employment on and after July 1, 1986 and is
25 mandated by virtue of that employment to report under this
26 Act, shall sign a statement on a form prescribed by the
27 Department, to the effect that the employee has knowledge and
28 understanding of the reporting requirements of this Act. The
29 statement shall be signed prior to commencement of the
30 employment. The signed statement shall be retained by the
31 employer. The cost of printing, distribution, and filing of
32 the statement shall be borne by the employer. The Department
33 shall provide copies of this Act, upon request, to all
34 employers employing persons who shall be required under the
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1 provisions of this Section to report under this Act.
2 Any person who knowingly transmits a false report to the
3 Department commits the offense of disorderly conduct under
4 subsection (a)(7) of Section 26-1 of the "Criminal Code of
5 1961". Any person who violates this provision a second or
6 subsequent time shall be guilty of a Class 4 felony.
7 Any person who knowingly and willfully violates any
8 provision of this Section other than a second or subsequent
9 violation of transmitting a false report as described in the
10 preceding paragraph, shall be guilty of a Class A
11 misdemeanor.
12 A child whose parent, guardian or custodian in good faith
13 selects and depends upon spiritual means through prayer
14 alone for the treatment or cure of disease or remedial care
15 may be considered neglected or abused, but not for the sole
16 reason that his parent, guardian or custodian accepts and
17 practices such beliefs.
18 A child shall not be considered neglected or abused
19 solely because the child is not attending school in
20 accordance with the requirements of Article 26 of the School
21 Code, as amended.
22 (Source: P.A. 89-363, eff. 1-1-96; 89-507, eff. 7-1-97;
23 89-706, eff. 1-31-97.)
24 (Source: P.A. 87-1269.)
25 Section 25. The Illinois Controlled Substances Act is
26 amended by changing Section 102 as follows:
27 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
28 (Text of Section before amendment by P.A. 89-507)
29 Sec. 102. As used in this Act, unless the context
30 otherwise requires:
31 (a) "Addict" means any person who habitually uses any
32 drug, chemical, substance or dangerous drug other than
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1 alcohol so as to endanger the public morals, health, safety
2 or welfare or who is so far addicted to the use of a
3 dangerous drug or controlled substance other than alcohol as
4 to have lost the power of self control with reference to his
5 addiction.
6 (b) "Administer" means the direct application of a
7 controlled substance, whether by injection, inhalation,
8 ingestion, or any other means, to the body of a patient or
9 research subject by:
10 (1) a practitioner (or, in his presence, by his
11 authorized agent), or
12 (2) the patient or research subject at the lawful
13 direction of the practitioner.
14 (c) "Agent" means an authorized person who acts on
15 behalf of or at the direction of a manufacturer, distributor,
16 or dispenser. It does not include a common or contract
17 carrier, public warehouseman or employee of the carrier or
18 warehouseman.
19 (c-1) "Anabolic Steroids" means any drug or hormonal
20 substance, chemically and pharmacologically related to
21 testosterone (other than estrogens, progestins, and
22 corticosteroids) that promotes muscle growth, and includes:
23 (i) boldenone,
24 (ii) chlorotestosterone,
25 (iii) chostebol,
26 (iv) dehydrochlormethyltestosterone,
27 (v) dihydrotestosterone,
28 (vi) drostanolone,
29 (vii) ethylestrenol,
30 (viii) fluoxymesterone,
31 (ix) formebulone,
32 (x) mesterolone,
33 (xi) methandienone,
34 (xii) methandranone,
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1 (xiii) methandriol,
2 (xiv) methandrostenolone,
3 (xv) methenolone,
4 (xvi) methyltestosterone,
5 (xvii) mibolerone,
6 (xviii) nandrolone,
7 (xix) norethandrolone,
8 (xx) oxandrolone,
9 (xxi) oxymesterone,
10 (xxii) oxymetholone,
11 (xxiii) stanolone,
12 (xxiv) stanozolol,
13 (xxv) testolactone,
14 (xxvi) testosterone,
15 (xxvii) trenbolone, and
16 (xxviii) any salt, ester, or isomer of a drug
17 or substance described or listed in this paragraph,
18 if that salt, ester, or isomer promotes muscle
19 growth.
20 Any person who is otherwise lawfully in possession of an
21 anabolic steroid, or who otherwise lawfully manufactures,
22 distributes, dispenses, delivers, or possesses with intent to
23 deliver an anabolic steroid, which anabolic steroid is
24 expressly intended for and lawfully allowed to be
25 administered through implants to livestock or other nonhuman
26 species, and which is approved by the Secretary of Health and
27 Human Services for such administration, and which the person
28 intends to administer or have administered through such
29 implants, shall not be considered to be in unauthorized
30 possession or to unlawfully manufacture, distribute,
31 dispense, deliver, or possess with intent to deliver such
32 anabolic steroid for purposes of this Act.
33 (d) "Administration" means the Drug Enforcement
34 Administration, United States Department of Justice, or its
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1 successor agency.
2 (e) "Control" means to add a drug or other substance, or
3 immediate precursor, to a Schedule under Article II of this
4 Act whether by transfer from another Schedule or otherwise.
5 (f) "Controlled Substance" means a drug, substance, or
6 immediate precursor in the Schedules of Article II of this
7 Act.
8 (g) "Counterfeit substance" means a controlled
9 substance, which, or the container or labeling of which,
10 without authorization bears the trademark, trade name, or
11 other identifying mark, imprint, number or device, or any
12 likeness thereof, of a manufacturer, distributor, or
13 dispenser other than the person who in fact manufactured,
14 distributed, or dispensed the substance.
15 (h) "Deliver" or "delivery" means the actual,
16 constructive or attempted transfer of possession of a
17 controlled substance, with or without consideration, whether
18 or not there is an agency relationship.
19 (i) "Department" means the Illinois Department of
20 Alcoholism and Substance Abuse of the State of Illinois or
21 its successor agency.
22 (j) "Department of State Police" means the Department of
23 State Police of the State of Illinois or its successor
24 agency.
25 (k) "Department of Corrections" means the Department of
26 Corrections of the State of Illinois or its successor agency.
27 (l) "Department of Professional Regulation" means the
28 Department of Professional Regulation of the State of
29 Illinois or its successor agency.
30 (m) "Depressant" or "stimulant substance" means:
31 (1) a drug which contains any quantity of (i)
32 barbituric acid or any of the salts of barbituric acid
33 which has been designated as habit forming under section
34 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
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1 U.S.C. 352 (d)); or
2 (2) a drug which contains any quantity of (i)
3 amphetamine or methamphetamine and any of their optical
4 isomers; (ii) any salt of amphetamine or methamphetamine
5 or any salt of an optical isomer of amphetamine; or (iii)
6 any substance which the Department, after investigation,
7 has found to be, and by rule designated as, habit forming
8 because of its depressant or stimulant effect on the
9 central nervous system; or
10 (3) lysergic acid diethylamide; or
11 (4) any drug which contains any quantity of a
12 substance which the Department, after investigation, has
13 found to have, and by rule designated as having, a
14 potential for abuse because of its depressant or
15 stimulant effect on the central nervous system or its
16 hallucinogenic effect.
17 (n) "Designated product" means any narcotic drug,
18 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
19 pentazocine or cannabis product listed in Schedule II and
20 also means a controlled substance listed in Schedule II which
21 is determined and designated by the Department or its
22 successor agency to be such a product. A designated product
23 shall only be dispensed upon an official prescription blank.
24 (o) "Director" means the Director of the Department of
25 State Police or the Department of Professional Regulation or
26 his designated agents.
27 (p) "Dispense" means to deliver a controlled substance
28 to an ultimate user or research subject by or pursuant to the
29 lawful order of a prescriber, including the prescribing,
30 administering, packaging, labeling, or compounding necessary
31 to prepare the substance for that delivery.
32 (q) "Dispenser" means a practitioner who dispenses.
33 (r) "Distribute" means to deliver, other than by
34 administering or dispensing, a controlled substance.
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1 (s) "Distributor" means a person who distributes.
2 (t) "Drug" means (1) substances recognized as drugs in
3 the official United States Pharmacopoeia, Official
4 Homeopathic Pharmacopoeia of the United States, or official
5 National Formulary, or any supplement to any of them; (2)
6 substances intended for use in diagnosis, cure, mitigation,
7 treatment, or prevention of disease in man or animals; (3)
8 substances (other than food) intended to affect the structure
9 of any function of the body of man or animals and (4)
10 substances intended for use as a component of any article
11 specified in clause (1), (2), or (3) of this subsection. It
12 does not include devices or their components, parts, or
13 accessories.
14 (u) "Good faith" means the prescribing or dispensing of
15 a controlled substance by a practitioner in the regular
16 course of professional treatment to or for any person who is
17 under his treatment for a pathology or condition other than
18 that individual's physical or psychological dependence upon
19 or addiction to a controlled substance, except as provided
20 herein: and application of the term to a pharmacist shall
21 mean the dispensing of a controlled substance pursuant to the
22 prescriber's order which in the professional judgment of the
23 pharmacist is lawful. The pharmacist shall be guided by
24 accepted professional standards including, but not limited to
25 the following, in making the judgment:
26 (1) lack of consistency of doctor-patient
27 relationship,
28 (2) frequency of prescriptions for same drug by one
29 prescriber for large numbers of patients,
30 (3) quantities beyond those normally prescribed,
31 (4) unusual dosages,
32 (5) unusual geographic distances between patient,
33 pharmacist and prescriber,
34 (6) consistent prescribing of habit-forming drugs.
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1 (u-1) "Home infusion services" means services provided
2 by a pharmacy in compounding solutions for direct
3 administration to a patient in a private residence, long-term
4 care facility, or hospice setting by means of parenteral,
5 intravenous, intramuscular, subcutaneous, or intraspinal
6 infusion.
7 (v) "Immediate precursor" means a substance:
8 (1) which the Department has found to be and by
9 rule designated as being a principal compound used, or
10 produced primarily for use, in the manufacture of a
11 controlled substance;
12 (2) which is an immediate chemical intermediary
13 used or likely to be used in the manufacture of such
14 controlled substance; and
15 (3) the control of which is necessary to prevent,
16 curtail or limit the manufacture of such controlled
17 substance.
18 (w) "Instructional activities" means the acts of
19 teaching, educating or instructing by practitioners using
20 controlled substances within educational facilities approved
21 by the State Board of Education or its successor agency.
22 (x) "Local authorities" means a duly organized State,
23 County or Municipal peace unit or police force.
24 (y) "Look-alike substance" means a substance, other than
25 a controlled substance which (1) by overall dosage unit
26 appearance, including shape, color, size, markings or lack
27 thereof, taste, consistency, or any other identifying
28 physical characteristic of the substance, would lead a
29 reasonable person to believe that the substance is a
30 controlled substance, or (2) is expressly or impliedly
31 represented to be a controlled substance or is distributed
32 under circumstances which would lead a reasonable person to
33 believe that the substance is a controlled substance. For the
34 purpose of determining whether the representations made or
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1 the circumstances of the distribution would lead a reasonable
2 person to believe the substance to be a controlled substance
3 under this clause (2) of subsection (y), the court or other
4 authority may consider the following factors in addition to
5 any other factor that may be relevant:
6 (a) statements made by the owner or person in
7 control of the substance concerning its nature, use or
8 effect;
9 (b) statements made to the buyer or recipient that
10 the substance may be resold for profit;
11 (c) whether the substance is packaged in a manner
12 normally used for the illegal distribution of controlled
13 substances;
14 (d) whether the distribution or attempted
15 distribution included an exchange of or demand for money
16 or other property as consideration, and whether the
17 amount of the consideration was substantially greater
18 than the reasonable retail market value of the substance.
19 Clause (1) of this subsection (y) shall not apply to a
20 noncontrolled substance in its finished dosage form that was
21 initially introduced into commerce prior to the initial
22 introduction into commerce of a controlled substance in its
23 finished dosage form which it may substantially resemble.
24 Nothing in this subsection (y) prohibits the dispensing
25 or distributing of noncontrolled substances by persons
26 authorized to dispense and distribute controlled substances
27 under this Act, provided that such action would be deemed to
28 be carried out in good faith under subsection (u) if the
29 substances involved were controlled substances.
30 Nothing in this subsection (y) or in this Act prohibits
31 the manufacture, preparation, propagation, compounding,
32 processing, packaging, advertising or distribution of a drug
33 or drugs by any person registered pursuant to Section 510 of
34 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
-33- LRB9002898DPgcam01
1 (y-1) "Mail-order pharmacy" means a pharmacy that is
2 located in a state of the United States, other than Illinois,
3 that delivers, dispenses or distributes, through the United
4 States Postal Service or other common carrier, to Illinois
5 residents, any substance which requires a prescription.
6 (z) "Manufacture" means the production, preparation,
7 propagation, compounding, conversion or processing of a
8 controlled substance, either directly or indirectly, by
9 extraction from substances of natural origin, or
10 independently by means of chemical synthesis, or by a
11 combination of extraction and chemical synthesis, and
12 includes any packaging or repackaging of the substance or
13 labeling of its container, except that this term does not
14 include:
15 (1) by an ultimate user, the preparation or
16 compounding of a controlled substance for his own use; or
17 (2) by a practitioner, or his authorized agent
18 under his supervision, the preparation, compounding,
19 packaging, or labeling of a controlled substance:
20 (a) as an incident to his administering or
21 dispensing of a controlled substance in the course
22 of his professional practice; or
23 (b) as an incident to lawful research,
24 teaching or chemical analysis and not for sale.
25 (aa) "Narcotic drug" means any of the following, whether
26 produced directly or indirectly by extraction from substances
27 of natural origin, or independently by means of chemical
28 synthesis, or by a combination of extraction and chemical
29 synthesis:
30 (1) opium and opiate, and any salt, compound,
31 derivative, or preparation of opium or opiate;
32 (2) any salt, compound, isomer, derivative, or
33 preparation thereof which is chemically equivalent or
34 identical with any of the substances referred to in
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1 clause (1), but not including the isoquinoline alkaloids
2 of opium;
3 (3) opium poppy and poppy straw;
4 (4) coca leaves and any salts, compound, isomer,
5 salt of an isomer, derivative, or preparation of coca
6 leaves including cocaine or ecgonine, and any salt,
7 compound, isomer, derivative, or preparation thereof
8 which is chemically equivalent or identical with any of
9 these substances, but not including decocainized coca
10 leaves or extractions of coca leaves which do not contain
11 cocaine or ecgonine (for the purpose of this paragraph,
12 the term "isomer" includes optical, positional and
13 geometric isomers).
14 (bb) "Nurse" means a registered nurse licensed under the
15 Illinois Nursing Act of 1987.
16 (cc) "Official prescription blanks" means the triplicate
17 prescription forms supplied to prescribers by the Department
18 for prescribing Schedule II Designated Product controlled
19 substances.
20 (dd) "Opiate" means any substance having an addiction
21 forming or addiction sustaining liability similar to morphine
22 or being capable of conversion into a drug having addiction
23 forming or addiction sustaining liability.
24 (ee) "Opium poppy" means the plant of the species
25 Papaver somniferum L., except its seeds.
26 (ff) "Parole and Pardon Board" means the Parole and
27 Pardon Board of the State of Illinois or its successor
28 agency.
29 (gg) "Person" means any individual, corporation,
30 mail-order pharmacy, government or governmental subdivision
31 or agency, business trust, estate, trust, partnership or
32 association, or any other entity.
33 (hh) "Pharmacist" means any person who holds a
34 certificate of registration as a registered pharmacist, a
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1 local registered pharmacist or a registered assistant
2 pharmacist under the Pharmacy Practice Act of 1987.
3 (ii) "Pharmacy" means any store, ship or other place in
4 which pharmacy is authorized to be practiced under the
5 Pharmacy Practice Act of 1987.
6 (jj) "Poppy straw" means all parts, except the seeds, of
7 the opium poppy, after mowing.
8 (kk) "Practitioner" means a physician licensed to
9 practice medicine in all its branches, dentist, podiatrist,
10 veterinarian, scientific investigator, pharmacist, physician
11 assistant, licensed practical nurse, registered nurse,
12 hospital, laboratory, or pharmacy, or other person licensed,
13 registered, or otherwise lawfully permitted by the United
14 States or this State to distribute, dispense, conduct
15 research with respect to, administer or use in teaching or
16 chemical analysis, a controlled substance in the course of
17 professional practice or research.
18 (ll) "Pre-printed prescription" means a written
19 prescription upon which the designated drug has been
20 indicated prior to the time of issuance.
21 (mm) "Prescriber" means a physician licensed to practice
22 medicine in all its branches, dentist, podiatrist or
23 veterinarian who issues a prescription or a physician
24 assistant who issues a prescription for a Schedule III, IV,
25 or V controlled substance as delegated by a physician
26 licensed to practice medicine in all its branches in
27 accordance with the written guidelines required under Section
28 7.5 of the Physician Assistant Practice Act of 1987.
29 (nn) "Prescription" means a lawful written, facsimile,
30 or verbal order of a physician licensed to practice medicine
31 in all its branches, dentist, podiatrist or veterinarian for
32 any controlled substance, or of a physician assistant for a
33 Schedule III, IV, or V controlled substance as delegated by a
34 physician licensed to practice medicine in all its branches
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1 in accordance with the written guidelines required under
2 Section 7.5 of the Physician Assistant Practice Act of 1987.
3 (oo) "Production" or "produce" means manufacture,
4 planting, cultivating, growing, or harvesting of a controlled
5 substance.
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 (rr) "State" includes the State of Illinois and any
12 state, district, commonwealth, territory, insular possession
13 thereof, and any area subject to the legal authority of the
14 United States of America.
15 (ss) "Ultimate user" means a person who lawfully
16 possesses a controlled substance for his own use or for the
17 use of a member of his household or for administering to an
18 animal owned by him or by a member of his household.
19 (Source: P.A. 89-202, eff. 10-1-95.)
20 (Text of Section after amendment by P.A. 89-507)
21 Sec. 102. As used in this Act, unless the context
22 otherwise requires:
23 (a) "Addict" means any person who habitually uses any
24 drug, chemical, substance or dangerous drug other than
25 alcohol so as to endanger the public morals, health, safety
26 or welfare or who is so far addicted to the use of a
27 dangerous drug or controlled substance other than alcohol as
28 to have lost the power of self control with reference to his
29 addiction.
30 (b) "Administer" means the direct application of a
31 controlled substance, whether by injection, inhalation,
32 ingestion, or any other means, to the body of a patient or
33 research subject by:
34 (1) a practitioner (or, in his presence, by his
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1 authorized agent), or
2 (2) the patient or research subject at the lawful
3 direction of the practitioner.
4 (c) "Agent" means an authorized person who acts on
5 behalf of or at the direction of a manufacturer, distributor,
6 or dispenser. It does not include a common or contract
7 carrier, public warehouseman or employee of the carrier or
8 warehouseman.
9 (c-1) "Anabolic Steroids" means any drug or hormonal
10 substance, chemically and pharmacologically related to
11 testosterone (other than estrogens, progestins, and
12 corticosteroids) that promotes muscle growth, and includes:
13 (i) boldenone,
14 (ii) chlorotestosterone,
15 (iii) chostebol,
16 (iv) dehydrochlormethyltestosterone,
17 (v) dihydrotestosterone,
18 (vi) drostanolone,
19 (vii) ethylestrenol,
20 (viii) fluoxymesterone,
21 (ix) formebulone,
22 (x) mesterolone,
23 (xi) methandienone,
24 (xii) methandranone,
25 (xiii) methandriol,
26 (xiv) methandrostenolone,
27 (xv) methenolone,
28 (xvi) methyltestosterone,
29 (xvii) mibolerone,
30 (xviii) nandrolone,
31 (xix) norethandrolone,
32 (xx) oxandrolone,
33 (xxi) oxymesterone,
34 (xxii) oxymetholone,
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1 (xxiii) stanolone,
2 (xxiv) stanozolol,
3 (xxv) testolactone,
4 (xxvi) testosterone,
5 (xxvii) trenbolone, and
6 (xxviii) any salt, ester, or isomer of a drug
7 or substance described or listed in this paragraph,
8 if that salt, ester, or isomer promotes muscle
9 growth.
10 Any person who is otherwise lawfully in possession of an
11 anabolic steroid, or who otherwise lawfully manufactures,
12 distributes, dispenses, delivers, or possesses with intent to
13 deliver an anabolic steroid, which anabolic steroid is
14 expressly intended for and lawfully allowed to be
15 administered through implants to livestock or other nonhuman
16 species, and which is approved by the Secretary of Health and
17 Human Services for such administration, and which the person
18 intends to administer or have administered through such
19 implants, shall not be considered to be in unauthorized
20 possession or to unlawfully manufacture, distribute,
21 dispense, deliver, or possess with intent to deliver such
22 anabolic steroid for purposes of this Act.
23 (d) "Administration" means the Drug Enforcement
24 Administration, United States Department of Justice, or its
25 successor agency.
26 (e) "Control" means to add a drug or other substance, or
27 immediate precursor, to a Schedule under Article II of this
28 Act whether by transfer from another Schedule or otherwise.
29 (f) "Controlled Substance" means a drug, substance, or
30 immediate precursor in the Schedules of Article II of this
31 Act.
32 (g) "Counterfeit substance" means a controlled
33 substance, which, or the container or labeling of which,
34 without authorization bears the trademark, trade name, or
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1 other identifying mark, imprint, number or device, or any
2 likeness thereof, of a manufacturer, distributor, or
3 dispenser other than the person who in fact manufactured,
4 distributed, or dispensed the substance.
5 (h) "Deliver" or "delivery" means the actual,
6 constructive or attempted transfer of possession of a
7 controlled substance, with or without consideration, whether
8 or not there is an agency relationship.
9 (i) "Department" means the Illinois Department of Human
10 Services (as successor to the Department of Alcoholism and
11 Substance Abuse) or its successor agency.
12 (j) "Department of State Police" means the Department of
13 State Police of the State of Illinois or its successor
14 agency.
15 (k) "Department of Corrections" means the Department of
16 Corrections of the State of Illinois or its successor agency.
17 (l) "Department of Professional Regulation" means the
18 Department of Professional Regulation of the State of
19 Illinois or its successor agency.
20 (m) "Depressant" or "stimulant substance" means:
21 (1) a drug which contains any quantity of (i)
22 barbituric acid or any of the salts of barbituric acid
23 which has been designated as habit forming under section
24 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
25 U.S.C. 352 (d)); or
26 (2) a drug which contains any quantity of (i)
27 amphetamine or methamphetamine and any of their optical
28 isomers; (ii) any salt of amphetamine or methamphetamine
29 or any salt of an optical isomer of amphetamine; or (iii)
30 any substance which the Department, after investigation,
31 has found to be, and by rule designated as, habit forming
32 because of its depressant or stimulant effect on the
33 central nervous system; or
34 (3) lysergic acid diethylamide; or
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1 (4) any drug which contains any quantity of a
2 substance which the Department, after investigation, has
3 found to have, and by rule designated as having, a
4 potential for abuse because of its depressant or
5 stimulant effect on the central nervous system or its
6 hallucinogenic effect.
7 (n) "Designated product" means any narcotic drug,
8 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
9 pentazocine or cannabis product listed in Schedule II and
10 also means a controlled substance listed in Schedule II which
11 is determined and designated by the Department or its
12 successor agency to be such a product. A designated product
13 shall only be dispensed upon an official prescription blank.
14 (o) "Director" means the Director of the Department of
15 State Police or the Department of Professional Regulation or
16 his designated agents.
17 (p) "Dispense" means to deliver a controlled substance
18 to an ultimate user or research subject by or pursuant to the
19 lawful order of a prescriber, including the prescribing,
20 administering, packaging, labeling, or compounding necessary
21 to prepare the substance for that delivery.
22 (q) "Dispenser" means a practitioner who dispenses.
23 (r) "Distribute" means to deliver, other than by
24 administering or dispensing, a controlled substance.
25 (s) "Distributor" means a person who distributes.
26 (t) "Drug" means (1) substances recognized as drugs in
27 the official United States Pharmacopoeia, Official
28 Homeopathic Pharmacopoeia of the United States, or official
29 National Formulary, or any supplement to any of them; (2)
30 substances intended for use in diagnosis, cure, mitigation,
31 treatment, or prevention of disease in man or animals; (3)
32 substances (other than food) intended to affect the structure
33 of any function of the body of man or animals and (4)
34 substances intended for use as a component of any article
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1 specified in clause (1), (2), or (3) of this subsection. It
2 does not include devices or their components, parts, or
3 accessories.
4 (u) "Good faith" means the prescribing or dispensing of
5 a controlled substance by a practitioner in the regular
6 course of professional treatment to or for any person who is
7 under his treatment for a pathology or condition other than
8 that individual's physical or psychological dependence upon
9 or addiction to a controlled substance, except as provided
10 herein: and application of the term to a pharmacist shall
11 mean the dispensing of a controlled substance pursuant to the
12 prescriber's order which in the professional judgment of the
13 pharmacist is lawful. The pharmacist shall be guided by
14 accepted professional standards including, but not limited to
15 the following, in making the judgment:
16 (1) lack of consistency of doctor-patient
17 relationship,
18 (2) frequency of prescriptions for same drug by one
19 prescriber for large numbers of patients,
20 (3) quantities beyond those normally prescribed,
21 (4) unusual dosages,
22 (5) unusual geographic distances between patient,
23 pharmacist and prescriber,
24 (6) consistent prescribing of habit-forming drugs.
25 (u-1) "Home infusion services" means services provided
26 by a pharmacy in compounding solutions for direct
27 administration to a patient in a private residence, long-term
28 care facility, or hospice setting by means of parenteral,
29 intravenous, intramuscular, subcutaneous, or intraspinal
30 infusion.
31 (v) "Immediate precursor" means a substance:
32 (1) which the Department has found to be and by
33 rule designated as being a principal compound used, or
34 produced primarily for use, in the manufacture of a
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1 controlled substance;
2 (2) which is an immediate chemical intermediary
3 used or likely to be used in the manufacture of such
4 controlled substance; and
5 (3) the control of which is necessary to prevent,
6 curtail or limit the manufacture of such controlled
7 substance.
8 (w) "Instructional activities" means the acts of
9 teaching, educating or instructing by practitioners using
10 controlled substances within educational facilities approved
11 by the State Board of Education or its successor agency.
12 (x) "Local authorities" means a duly organized State,
13 County or Municipal peace unit or police force.
14 (y) "Look-alike substance" means a substance, other than
15 a controlled substance which (1) by overall dosage unit
16 appearance, including shape, color, size, markings or lack
17 thereof, taste, consistency, or any other identifying
18 physical characteristic of the substance, would lead a
19 reasonable person to believe that the substance is a
20 controlled substance, or (2) is expressly or impliedly
21 represented to be a controlled substance or is distributed
22 under circumstances which would lead a reasonable person to
23 believe that the substance is a controlled substance. For the
24 purpose of determining whether the representations made or
25 the circumstances of the distribution would lead a reasonable
26 person to believe the substance to be a controlled substance
27 under this clause (2) of subsection (y), the court or other
28 authority may consider the following factors in addition to
29 any other factor that may be relevant:
30 (a) statements made by the owner or person in
31 control of the substance concerning its nature, use or
32 effect;
33 (b) statements made to the buyer or recipient that
34 the substance may be resold for profit;
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1 (c) whether the substance is packaged in a manner
2 normally used for the illegal distribution of controlled
3 substances;
4 (d) whether the distribution or attempted
5 distribution included an exchange of or demand for money
6 or other property as consideration, and whether the
7 amount of the consideration was substantially greater
8 than the reasonable retail market value of the substance.
9 Clause (1) of this subsection (y) shall not apply to a
10 noncontrolled substance in its finished dosage form that was
11 initially introduced into commerce prior to the initial
12 introduction into commerce of a controlled substance in its
13 finished dosage form which it may substantially resemble.
14 Nothing in this subsection (y) prohibits the dispensing
15 or distributing of noncontrolled substances by persons
16 authorized to dispense and distribute controlled substances
17 under this Act, provided that such action would be deemed to
18 be carried out in good faith under subsection (u) if the
19 substances involved were controlled substances.
20 Nothing in this subsection (y) or in this Act prohibits
21 the manufacture, preparation, propagation, compounding,
22 processing, packaging, advertising or distribution of a drug
23 or drugs by any person registered pursuant to Section 510 of
24 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
25 (y-1) "Mail-order pharmacy" means a pharmacy that is
26 located in a state of the United States, other than Illinois,
27 that delivers, dispenses or distributes, through the United
28 States Postal Service or other common carrier, to Illinois
29 residents, any substance which requires a prescription.
30 (z) "Manufacture" means the production, preparation,
31 propagation, compounding, conversion or processing of a
32 controlled substance, either directly or indirectly, by
33 extraction from substances of natural origin, or
34 independently by means of chemical synthesis, or by a
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1 combination of extraction and chemical synthesis, and
2 includes any packaging or repackaging of the substance or
3 labeling of its container, except that this term does not
4 include:
5 (1) by an ultimate user, the preparation or
6 compounding of a controlled substance for his own use; or
7 (2) by a practitioner, or his authorized agent
8 under his supervision, the preparation, compounding,
9 packaging, or labeling of a controlled substance:
10 (a) as an incident to his administering or
11 dispensing of a controlled substance in the course
12 of his professional practice; or
13 (b) as an incident to lawful research,
14 teaching or chemical analysis and not for sale.
15 (aa) "Narcotic drug" means any of the following, whether
16 produced directly or indirectly by extraction from substances
17 of natural origin, or independently by means of chemical
18 synthesis, or by a combination of extraction and chemical
19 synthesis:
20 (1) opium and opiate, and any salt, compound,
21 derivative, or preparation of opium or opiate;
22 (2) any salt, compound, isomer, derivative, or
23 preparation thereof which is chemically equivalent or
24 identical with any of the substances referred to in
25 clause (1), but not including the isoquinoline alkaloids
26 of opium;
27 (3) opium poppy and poppy straw;
28 (4) coca leaves and any salts, compound, isomer,
29 salt of an isomer, derivative, or preparation of coca
30 leaves including cocaine or ecgonine, and any salt,
31 compound, isomer, derivative, or preparation thereof
32 which is chemically equivalent or identical with any of
33 these substances, but not including decocainized coca
34 leaves or extractions of coca leaves which do not contain
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1 cocaine or ecgonine (for the purpose of this paragraph,
2 the term "isomer" includes optical, positional and
3 geometric isomers).
4 (bb) "Nurse" means a registered nurse licensed under the
5 Illinois Nursing Act of 1987.
6 (cc) "Official prescription blanks" means the triplicate
7 prescription forms supplied to prescribers by the Department
8 for prescribing Schedule II Designated Product controlled
9 substances.
10 (dd) "Opiate" means any substance having an addiction
11 forming or addiction sustaining liability similar to morphine
12 or being capable of conversion into a drug having addiction
13 forming or addiction sustaining liability.
14 (ee) "Opium poppy" means the plant of the species
15 Papaver somniferum L., except its seeds.
16 (ff) "Parole and Pardon Board" means the Parole and
17 Pardon Board of the State of Illinois or its successor
18 agency.
19 (gg) "Person" means any individual, corporation,
20 mail-order pharmacy, government or governmental subdivision
21 or agency, business trust, estate, trust, partnership or
22 association, or any other entity.
23 (hh) "Pharmacist" means any person who holds a
24 certificate of registration as a registered pharmacist, a
25 local registered pharmacist or a registered assistant
26 pharmacist under the Pharmacy Practice Act of 1987.
27 (ii) "Pharmacy" means any store, ship or other place in
28 which pharmacy is authorized to be practiced under the
29 Pharmacy Practice Act of 1987.
30 (jj) "Poppy straw" means all parts, except the seeds, of
31 the opium poppy, after mowing.
32 (kk) "Practitioner" means a physician licensed to
33 practice medicine in all its branches, dentist, podiatrist,
34 veterinarian, scientific investigator, pharmacist, physician
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1 assistant, licensed practical nurse, registered nurse,
2 hospital, laboratory, or pharmacy, or other person licensed,
3 registered, or otherwise lawfully permitted by the United
4 States or this State to distribute, dispense, conduct
5 research with respect to, administer or use in teaching or
6 chemical analysis, a controlled substance in the course of
7 professional practice or research.
8 (ll) "Pre-printed prescription" means a written
9 prescription upon which the designated drug has been
10 indicated prior to the time of issuance.
11 (mm) "Prescriber" means a physician licensed to practice
12 medicine in all its branches, dentist, podiatrist or
13 veterinarian who issues a prescription or a physician
14 assistant who issues a prescription for a Schedule III, IV,
15 or V controlled substance as delegated by a physician
16 licensed to practice medicine in all its branches in
17 accordance with the written guidelines required under Section
18 7.5 of the Physician Assistant Practice Act of 1987.
19 (nn) "Prescription" means a lawful written, facsimile,
20 or verbal order of a physician licensed to practice medicine
21 in all its branches, dentist, podiatrist or veterinarian for
22 any controlled substance, or of a physician assistant for a
23 Schedule III, IV, or V controlled substance as delegated by a
24 physician licensed to practice medicine in all its branches
25 in accordance with the written guidelines required under
26 Section 7.5 of the Physician Assistant Practice Act of 1987.
27 (oo) "Production" or "produce" means manufacture,
28 planting, cultivating, growing, or harvesting of a controlled
29 substance.
30 (pp) "Registrant" means every person who is required to
31 register under Section 302 of this Act.
32 (qq) "Registry number" means the number assigned to each
33 person authorized to handle controlled substances under the
34 laws of the United States and of this State.
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1 (rr) "State" includes the State of Illinois and any
2 state, district, commonwealth, territory, insular possession
3 thereof, and any area subject to the legal authority of the
4 United States of America.
5 (ss) "Ultimate user" means a person who lawfully
6 possesses a controlled substance for his own use or for the
7 use of a member of his household or for administering to an
8 animal owned by him or by a member of his household.
9 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
10 Section 95. No acceleration or delay. Where this Act
11 makes changes in a statute that is represented in this Act by
12 text that is not yet or no longer in effect (for example, a
13 Section represented by multiple versions), the use of that
14 text does not accelerate or delay the taking effect of (i)
15 the changes made by this Act or (ii) provisions derived from
16 any other Public Act.
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.".