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90_HB2921
225 ILCS 65/3 from Ch. 111, par. 3503
225 ILCS 65/4 from Ch. 111, par. 3504
225 ILCS 65/6 from Ch. 111, par. 3506
225 ILCS 65/7.5 new
225 ILCS 65/12.5 new
225 ILCS 65/12.7 new
225 ILCS 65/12.9 new
225 ILCS 65/16 from Ch. 111, par. 3516
225 ILCS 85/3 from Ch. 111, par. 4123
225 ILCS 85/4 from Ch. 111, par. 4124
720 ILCS 570/102 from Ch. 56 1/2, par. 1102
745 ILCS 49/25
745 ILCS 49/30
745 ILCS 49/35
Amends the Illinois Nursing Act of 1987. Provides
for licensure of advanced practice registered nurses (APRNs).
Establishes the Advanced Practice Registered Nurse Advisory
Committee. Provides that except in the case of APRNs
providing anesthesia-related services, an APRN shall practice
in accordance with a written practice agreement entered into
with a licensed physician. Amends the Pharmacy Practice Act
of 1987 and the Illinois Controlled Substances Act to include
advanced practice registered nurses among the persons who may
prescribe controlled substances. Amends the Good Samaritan
Act to immunize advanced practice registered nurses from
civil liability for services rendered in an emergency.
Effective January 1, 1999.
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1 AN ACT relating to advanced practice registered
2 nurses, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Nursing Act of 1987 is amended
6 by changing Sections 3, 4, 6, and 16 and by adding Sections
7 7.5, 12.5, 12.7, and 12.9 as follows:
8 (225 ILCS 65/3) (from Ch. 111, par. 3503)
9 Sec. 3. Definitions. Each of the following terms, when
10 used in this Act, shall have the meaning ascribed to it in
11 this Section, except where the context clearly indicates
12 otherwise:
13 (a) "Department" means the Department of Professional
14 Regulation.
15 (b) "Director" means the Director of Professional
16 Regulation.
17 (c) "Board" means the Board of Nursing appointed by the
18 Director.
19 (d) "Academic year" means the customary annual schedule
20 of courses at a college, university, or approved school,
21 customarily regarded as the school year as distinguished from
22 the calendar year.
23 (e) "Approved program of professional nursing education"
24 and "approved program of practical nursing education" are
25 programs of professional or practical nursing, respectively,
26 approved by the Department under the provisions of this Act.
27 (f) "Nursing Act Coordinator" means a registered
28 professional nurse appointed by the Director to carry out the
29 administrative policies of the Department.
30 (g) "Assistant Nursing Act Coordinator" means a
31 registered professional nurse appointed by the Director to
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1 assist in carrying out the administrative policies of the
2 Department.
3 (h) "Registered" is the equivalent of "licensed".
4 (i) "Practical nurse" or "licensed practical nurse"
5 means a person who is licensed as a practical nurse under
6 this Act and practices practical nursing as defined in
7 paragraph (j) of this Section. Only a practical nurse
8 licensed under this Act is entitled to use the title
9 "licensed practical nurse" and the abbreviation "L.P.N.".
10 (j) "Practical nursing" means the performance of nursing
11 acts requiring the basic nursing knowledge, judgement, and
12 skill acquired by means of completion of an approved
13 practical nursing education program. Practical nursing
14 includes assisting in the nursing process as delegated by and
15 under the direction of a registered professional nurse. The
16 practical nurse may work under the direction of a licensed
17 physician, dentist, podiatrist, or other health care
18 professional determined by the Department.
19 (k) "Registered Nurse" or "Registered Professional
20 Nurse" means a person who is licensed as a professional nurse
21 under this Act and practices nursing as defined in paragraph
22 (l) of this Section. Only a registered nurse licensed under
23 this Act is entitled to use the titles "registered nurse" and
24 "registered professional nurse" and the abbreviation, "R.N.".
25 (l) "Registered professional nursing practice" includes
26 all nursing specialities and means the performance of any
27 nursing act based upon professional knowledge, judgment, and
28 skills acquired by means of completion of an approved
29 registered professional nursing education program. A
30 registered professional nurse provides nursing care
31 emphasizing the importance of the whole and the
32 interdependence of its parts through the nursing process to
33 individuals, groups, families, or communities, that includes
34 but is not limited to: (1) the assessment of healthcare
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1 needs, nursing diagnosis, planning, implementation, and
2 nursing evaluation; (2) the promotion, maintenance, and
3 restoration of health; (3) counseling, patient education,
4 health education, and patient advocacy; (4) the
5 administration of medications and treatments as prescribed by
6 a physician licensed to practice medicine in all of its
7 branches, a licensed dentist, a licensed podiatrist, or a
8 licensed optometrist; (5) the coordination and management of
9 the nursing plan of care; (6) the delegation to and
10 supervision of individuals who assist the registered
11 professional nurse implementing the plan of care; and (7)
12 teaching and supervision of nursing students. in The
13 foregoing shall not be deemed to include those acts of
14 medical diagnosis or prescription of therapeutic or
15 corrective measures that are properly performed only by
16 physicians licensed in the State of Illinois.
17 (m) "Current nursing practice update course" means a
18 planned nursing education curriculum approved by the
19 Department consisting of activities that have educational
20 objectives, instructional methods, content or subject matter,
21 clinical practice, and evaluation methods, related to basic
22 review and updating content and specifically planned for
23 those nurses previously licensed in the United States or its
24 territories and preparing for reentry into nursing practice.
25 (n) "Advanced practice registered nurse" or "APRN" means
26 a person who:
27 (1) is licensed as a registered professional nurse
28 under this Act;
29 (2) meets the requirements for recognition as an
30 advanced practice registered nurse under Section 12.5 of
31 this Act;
32 (3) collaborates with a physician licensed to
33 practice medicine in all of its branches under a written
34 practice agreement, except as provided under item (5) of
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1 this subsection;
2 (4) cares for patients (A) by using advanced
3 diagnostic skills, the results of diagnostic tests and
4 procedures ordered by the advanced practice registered
5 nurse, a physician assistant, a dentist, a podiatrist, or
6 a physician licensed to practice medicine in all of its
7 branches, and professional judgment to initiate and
8 coordinate care, (B) by prescribing and administering
9 non-controlled legend drugs and, if authorized in a
10 written practice agreement, by prescribing and
11 administering Schedule II, III, IV, or V controlled
12 substances, (C) by using medical, therapeutic, and
13 corrective measures to treat illness and improve health
14 status, and (D) by providing preventive care;
15 (5) practices as an APRN in accordance with a
16 written practice agreement with a physician licensed to
17 practice medicine in all of its branches, except in the
18 case of a certified registered nurse anesthetist
19 providing anesthesia and anesthesia-related services or
20 selecting, ordering, and administering drugs in the
21 perioperative or periobstetric period; and
22 (6) is a certified nurse midwife (CNM), certified
23 nurse practitioner (CNP), certified registered nurse
24 anesthetist (CRNA), or clinical nurse specialist (CNS).
25 (o) "Written practice agreement" means a document
26 entered into and signed by an advanced practice registered
27 nurse and a physician licensed to practice medicine in all of
28 its branches and prepared in accordance with Section 12.7 of
29 this Act in which no employment relationship is required.
30 (p) (n) "Professional assistance program for nurses"
31 means a professional assistance program that meets criteria
32 established by the Committee on Nursing and approved by the
33 Director, which provides a non-disciplinary treatment
34 approach for nurses licensed under this Act whose ability to
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1 practice is compromised by alcohol or chemical substance
2 addiction.
3 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
4 revised 8-12-97.)
5 (225 ILCS 65/4) (from Ch. 111, par. 3504)
6 Sec. 4. Policy; application of Act. For the protection of
7 life and the promotion of health, and the prevention of
8 illness and communicable diseases, any person practicing or
9 offering to practice professional and practical nursing in
10 Illinois shall submit evidence that he or she is qualified to
11 practice, and shall be licensed as provided under this Act.
12 No person shall practice or offer to practice professional or
13 practical nursing in Illinois or use any title, sign, card or
14 device to indicate that such a person is practicing
15 professional or practical nursing unless such person has been
16 licensed under the provisions of this Act.
17 This Act does not prohibit the following:
18 (a) The practice of nursing in Federal employment in the
19 discharge of the employee's duties by a person who is
20 employed by the United States government or any bureau,
21 division or agency thereof and is a legally qualified and
22 licensed nurse of another state or territory and not in
23 conflict with Sections 6, 12, and 25 of this Act.;
24 (b) Nursing that is included in their program of study
25 by students enrolled in programs of nursing or in current
26 nurse practice update courses approved by the Department.;
27 (c) The furnishing of nursing assistance in an
28 emergency.;
29 (d) The practice of nursing by a nurse who holds an
30 active license in another state when providing services to
31 patients in Illinois during a bonafide emergency or in
32 immediate preparation for or during interstate transit.;
33 (e) The incidental care of the sick by members of the
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1 family, domestic servants or housekeepers, or care of the
2 sick where treatment is by prayer or spiritual means.;
3 (f) Persons from being employed as nursing aides,
4 attendants, orderlies, and other auxiliary workers in private
5 homes, long term care facilities, nurseries, hospitals or
6 other institutions.;
7 (g) The practice of practical nursing by one who has
8 applied in writing to the Department in form and substance
9 satisfactory to the Department, for a license as a licensed
10 practical nurse and has complied with all the provisions
11 under Section 12, except the passing of an examination to be
12 eligible to receive such license, until: the decision of the
13 Department that the applicant has failed to pass the next
14 available examination authorized by the Department, or
15 failed, without an approved excuse, to take the next
16 available examination authorized by the Department, or the
17 withdrawal of the application, not to exceed 3 months. No
18 applicant for licensure practicing under the provisions of
19 this paragraph shall practice practical nursing except under
20 the direct supervision of a registered professional nurse
21 licensed under this Act or a licensed physician, dentist or
22 podiatrist. In no instance shall any such applicant practice
23 or be employed in any supervisory capacity.;
24 (h) The practice of practical nursing by one who is a
25 licensed practical nurse under the laws of another U.S.
26 jurisdiction and has applied in writing to the Department, in
27 form and substance satisfactory to the Department, for a
28 license as a licensed practical nurse and who is qualified to
29 receive such license under Section 12, until: (1) the
30 expiration of 6 months after the filing of such written
31 application, or (2) the withdrawal of such application, or
32 (3) the denial of such application by the Department.;
33 (i) The practice of professional nursing by one who has
34 applied in writing to the Department in form and substance
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1 satisfactory to the Department for a license as a registered
2 professional nurse and has complied with all the provisions
3 under Section 12 except the passing of an examination to be
4 eligible to receive such license until: the decision of the
5 Department that the applicant has failed to pass the next
6 available examination authorized by the Department, or
7 failed, without an approved excuse, to take the next
8 available examination authorized by the Department or the
9 withdrawal of the application, not to exceed 3 months. No
10 applicant for licensure practicing under the provisions of
11 this paragraph shall practice professional nursing except
12 under the direct supervision of a registered professional
13 nurse licensed under this Act. In no instance shall any such
14 applicant practice or be employed in any supervisory
15 capacity.;
16 (j) The practice of professional nursing by one who is a
17 registered professional nurse under the laws of another
18 state, territory of the United States or country and has
19 applied in writing to the Department, in form and substance
20 satisfactory to the Department, for a license as a registered
21 professional nurse and who is qualified to receive such
22 license under Section 12, until: (1) the expiration of 6
23 months after the filing of such written application, or (2)
24 the withdrawal of such application, or (3) the denial of such
25 application by the Department.;
26 (k) The practice of professional nursing that is
27 included in a program of study by one who is a registered
28 professional nurse under the laws of another state or
29 territory of the United States or foreign country, territory
30 or province and who is enrolled in a graduate nursing
31 education program or a program for the completion of a
32 baccalaureate nursing degree in this State which program
33 includes clinical supervision by faculty as determined by the
34 educational institution offering the program and the health
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1 care organization where the practice of nursing occurs. The
2 educational institution will file with the Department each
3 academic term a list of the names and origin of license of
4 all professional nurses practicing nursing as part of their
5 programs under this provision.; or
6 (l) Any person licensed in this State under any other
7 Act from engaging in the practice for which she or he is
8 licensed.
9 An applicant for license practicing under the exceptions
10 set forth in subparagraphs (g), (h), (i), and (j) of this
11 Section shall use the title R.N. Lic. Pend., R.N./A.P.R.N.
12 Lic. Pend., or L.P.N. Lic. Pend. respectively and no other.
13 (Source: P.A. 90-61, eff. 12-30-97; 90-248, eff. 1-1-98;
14 revised 8-12-97.)
15 (225 ILCS 65/6) (from Ch. 111, par. 3506)
16 Sec. 6. Prohibited acts. No person shall:
17 (a) Practice professional nursing or advanced practice
18 registered nursing without a valid license as a registered
19 professional nurse or advanced practice registered nurse,
20 respectively, except as provided in paragraphs (i) and (j) of
21 Section 4 of this Act;
22 (b) Practice practical nursing without a valid license
23 as a licensed practical nurse; or practice practical nursing
24 other than under the direction of a licensed physician,
25 licensed dentist, or registered professional nurse; except as
26 provided in paragraphs (g), (h) and (j) of Section 4 of this
27 Act;
28 (c) Practice nursing under cover of any diploma,
29 license, or record illegally or fraudulently obtained or
30 signed or issued unlawfully or under fraudulent
31 representation;
32 (d) Practice nursing during the time her or his license
33 is suspended, revoked, expired or on inactive status;
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1 (e) Use any words, abbreviations, figures, letters,
2 title, sign, card, or device tending to imply that she or he
3 is a registered professional nurse, including the titles or
4 initials, "Registered Nurse," "Professional Nurse,"
5 "Registered Professional Nurse," "Certified Nurse," "Trained
6 Nurse," "Graduate Nurse," "P.N.," or "R.N.," or "R.P.N." or
7 similar titles or initials with intention of indicating
8 practice without a valid license as a registered professional
9 nurse;
10 (f) Use any words, abbreviations figures, letters,
11 title, sign, card, or device tending to imply that she or he
12 is a licensed practical nurse including the titles or
13 initials "Practical Nurse," "Licensed Practical Nurse,"
14 "P.N.," or "L.P.N.," or similar titles or initials with
15 intention of indicated practice as a licensed practical nurse
16 without a valid license as a licensed practical nurse under
17 this Act;
18 (g) Obtain or furnish a license by or for money or any
19 other thing of value other than the fees required by Section
20 23, or by any fraudulent representation or act;
21 (h) Make any wilfully false oath or affirmation required
22 by this Act;
23 (i) Conduct a nursing education program preparing
24 persons for licensure that has not been approved by the
25 Department;
26 (j) Represent that any school or course is approved or
27 accredited as a school or course for the education of
28 registered professional nurses or licensed practical nurses
29 unless such school or course is approved by the Department
30 under the provisions of this Act;
31 (k) Attempt or offer to do any of the acts enumerated in
32 this Section, or knowingly aid, abet, assist in the doing of
33 any such acts or in the attempt or offer to do any of such
34 acts;
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1 (l) Seek employment as a registered professional nurse
2 under the terms of paragraphs (i) and (j) of Section 4 of
3 this Act without possessing a written authorization which has
4 been issued by the Department or designated testing service
5 and which evidences the filing of the written application
6 referred to in paragraph (i) and (j) of Section 4 of this
7 Act;
8 (m) Seek employment as a licensed practical nurse under
9 the terms of paragraphs (g) and (h) of Section 4 of this Act
10 without possessing a written authorization which has been
11 issued by the Department or designated testing service and
12 which evidences the filing of the written application
13 referred to in paragraph (g) and (h) of Section 4 of this
14 Act;
15 (n) Employ or utilize persons not licensed under this
16 Act to practice professional nursing or practical nursing;
17 and
18 (o) Otherwise intentionally violate any provision of
19 this Act;.
20 (p) Use any words, abbreviations, figures, letters,
21 title, sign, card, or device tending to imply that he or she
22 is an advanced practice registered nurse, including but not
23 limited to using the titles or initials "Advanced Practice
24 Registered Nurse", "Certified Nurse Midwife", "Certified
25 Nurse Practitioner", "Certified Registered Nurse
26 Anesthetist", "Clinical Nurse Specialist", "A.P.R.N.",
27 "C.N.M.", "C.N.P.", "C.R.N.A.", "C.N.S.", or similar titles
28 or initials with the intention of indicating practice as an
29 advanced practice registered nurse without meeting the
30 requirements of this Act; or
31 (q) Practice as an advanced practice registered nurse
32 unless she or he practices under the terms of a written
33 practice agreement as required under Section 12.7.
34 Any person, including a firm, association or corporation
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1 who violates any provision of this Section shall be guilty of
2 a Class A misdemeanor.
3 (Source: P.A. 85-981.)
4 (225 ILCS 65/7.5 new)
5 Sec. 7.5. Advanced Practice Registered Nurse Advisory
6 Committee. There is hereby established an Advanced Practice
7 Registered Nurse Advisory Committee. The Advisory Committee
8 shall review and make recommendations to the Board of Nursing
9 and to the Illinois State Medical Disciplinary Board
10 regarding matters relating to the collaborative practice
11 between advanced practice registered nurses and physicians
12 licensed to practice medicine in all of its branches. The
13 Advisory Committee shall be composed of 7 members appointed
14 by the Director from lists of suggested appointees provided
15 by the APRN specialty organizations and the Illinois State
16 Medical Society. Two of the 7 members shall be physicians
17 licensed to practice medicine in all of its branches who are
18 in collaborative practice with APRNs. Four members shall be
19 APRNs representing the 4 specialties of advanced practice
20 registered nursing, including Certified Nurse Practitioners,
21 Certified Nurse Midwives, Certified Registered Nurse
22 Anesthestists, and Clinical Nurse Specialists. One member,
23 not employed or having a material interest in the health care
24 field, shall represent the public. A chairperson of the
25 Advisory Committee shall be a member elected by a majority
26 vote of the Advisory Committee. The Advisory Committee shall
27 meet and report to the Department quarterly and as necessary
28 to conduct its business.
29 Initial appointments to the Advisory Committee shall be
30 made within 90 days after the effective date of this
31 amendatory Act of 1997. Members shall serve 3-year terms.
32 However, of the initial 7 members, one physician and 2 APRNs
33 shall serve 2-year terms, one physician and 2 APRNs shall
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1 serve 3-year terms, and the public member shall serve a
2 3-year term. Upon the expiration of the term of a member,
3 his or her successor shall be appointed for a term of 3
4 years. No member shall serve more than 2 consecutive terms,
5 excluding the initial appointment term. An appointment to
6 fill a vacancy shall be for the unexpired portion of the
7 term. Members of the Advisory Committee shall be reimbursed
8 for all authorized legitimate and necessary expenses incurred
9 in attending the meetings of the Advisory Committee.
10 Complaints received concerning advanced practice
11 registered nurses shall be reviewed by the Advisory Committee
12 and recommendations shall be forwarded to the Board of
13 Nursing. Complaints received concerning collaborating
14 physicians shall be reviewed by the Advisory Committee and
15 recommendations shall be forwarded to the Illinois State
16 Medical Disciplinary Board.
17 (225 ILCS 65/12.5 new)
18 Sec. 12.5. Advanced practice registered nurse;
19 qualifications; roster.
20 (a) The Department shall license a person as an advanced
21 practice registered nurse if that person:
22 (1) has applied in writing in form and substance
23 acceptable to the Department and has not violated the
24 provisions of Section 25 of this Act. The Department may
25 take into consideration a felony conviction of the
26 applicant, but the conviction shall not operate as an
27 absolute bar to recognition;
28 (2) has paid the required fees;
29 (3) holds a current license to practice as a
30 registered nurse in Illinois;
31 (4) has successfully completed a post-basic,
32 advanced formal education program as a clinical nurse
33 specialist, certified nurse midwife, certified registered
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1 nurse anesthetist, or certified nurse practitioner;
2 (5) beginning January 1, 2003, possesses a graduate
3 degree and maintains applicable national certification as
4 a certified nurse midwife, clinical nurse specialist,
5 certified nurse practitioner, or certified registered
6 nurse anesthetist according to the policies of the
7 certifying body for his or her nursing specialty.
8 (b) The Department shall provide by rule for APRN
9 licensure of registered professional nurses who (A) apply for
10 licensure before May 31, 2000 and (B) submit evidence of
11 completion of a program described in item (4) of subsection
12 (a) of this Section and evidence of practice for at least 10
13 years as a nurse practitioner, or evidence of practice for at
14 least 10 years as a registered nurse including at least 5
15 years of practice as a nurse practitioner.
16 (c) An advanced practice registered nurse may be
17 licensed as a certified nurse midwife (CNM), certified nurse
18 practitioner (CNP), certified registered nurse anesthetist
19 (CRNA), or clinical nurse specialist (CNS).
20 (d) The Department shall maintain a separate roster of
21 advanced practice registered nurses licensed under this
22 Section and their licenses shall indicate "Registered
23 Nurse/Advanced Practice Registered Nurse".
24 (225 ILCS 65/12.7 new)
25 Sec. 12.7. APRN written practice agreements. Except as
26 provided in item (5) of subsection (n) of Section 3, an
27 advanced practice registered nurse shall practice only in
28 accordance with a written practice agreement entered into
29 with a physician licensed to practice medicine in all of its
30 branches.
31 At a minimum, the written practice agreement shall
32 include:
33 (1) a description of the working relationship of
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1 the advanced practice registered nurse with the physician
2 licensed to practice medicine in all of its branches;
3 (2) the signatures of the advanced practice
4 registered nurse and physician licensed to practice
5 medicine in all of its branches; and
6 (3) methods of communication available for
7 consultation between the APRN and physician by radio,
8 telephone, or telecommunications.
9 The written practice agreement shall also authorize the
10 categories of care, treatment, or procedures to be performed
11 by the APRN.
12 A written practice agreement does not require an
13 employment relationship between a collaborating physician and
14 an APRN. Collaboration occurs in the working relationship in
15 which a physician and an APRN deliver health care services in
16 accordance with their respective training and experience.
17 Written practice agreements shall be designed to foster
18 collaborations and to promote the exercise of professional
19 judgement by an APRN.
20 The agreement may also include a specific delegation of
21 authority from the physician licensed to practice medicine in
22 all of its branches to the advanced practice registered nurse
23 to prescribe and administer legend drugs categorized as
24 Schedule II through V under Article II of the Illinois
25 Controlled Substances Act and may specify any additional
26 details regarding patient care, including procedures that
27 require a physician's presence as the procedures are being
28 performed.
29 A copy of the signed agreement shall be available to the
30 Department upon request.
31 (225 ILCS 65/12.9 new)
32 Sec. 12.9. APRN advertising.
33 (a) A person licensed under Section 12.5 of this Act may
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1 advertise the availability of professional services in the
2 public media or on the premises where the professional
3 services are rendered. The advertising shall be limited to
4 the following information:
5 (1) publication of the person's name, title, office
6 hours, address, and telephone number;
7 (2) information pertaining to the person's areas of
8 specialization, including but not limited to appropriate
9 board certification or limitation of professional
10 practice;
11 (3) publication of the person's collaborating
12 physician's name, title, and areas of specialization;
13 (4) information on usual and customary fees for
14 routine professional services offered, which shall
15 include notification that fees may be adjusted due to
16 complications or unforeseen circumstances;
17 (5) announcements of the opening of, change of,
18 absence from, or return to business;
19 (6) announcement of additions to or deletions from
20 professional licensed staff; and
21 (7) the issuance of business or appointment cards.
22 (b) It is unlawful for a person licensed under Section
23 12.5 of this Act to use testimonials or claims of superior
24 quality of care to entice the public. It shall be unlawful
25 to advertise fee comparisons of available services with those
26 of other licensed persons.
27 (c) This Section does not authorize the advertising of
28 professional services that the offeror of the services is not
29 licensed or authorized to render, nor shall the advertiser
30 use statements that contain false, fraudulent, deceptive, or
31 misleading material or guarantees of success, statements that
32 play upon the vanity or fears of the public, or statements
33 that promote or produce unfair competition.
34 (d) It is unlawful and punishable under the penalty
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1 provisions of this Act for a person licensed under Section
2 12.5 of this Act to knowingly advertise that the licensee
3 will accept as payment for services rendered by assignment
4 from any third party payor the amount the third party payor
5 covers as payment in full, if the effect is to give the
6 impression of eliminating the need of payment by the patient
7 of any required deductible or copayment applicable in the
8 patient's health benefit plan.
9 (e) As used in this Section, "advertise" means
10 solicitation by the licensee or through another person or
11 entity by means of handbills, posters, circulars, motion
12 pictures, radio, newspapers, or television or in any other
13 manner.
14 (225 ILCS 65/16) (from Ch. 111, par. 3516)
15 Sec. 16. Expiration of license; renewal; continuing
16 education. The expiration date and renewal period for each
17 license issued under this Act shall be set by rule. The
18 holder of a license may renew the license during the month
19 preceding the expiration date of the license by paying the
20 required fee. It is the responsibility of the licensee to
21 notify the Department in writing of a change of address.
22 No person may renew a license as an R.N./A.P.R.N. unless
23 he or she has completed, during the most recent license
24 cycle, at least 20 hours of continuing education consistent
25 with the continuing education requirements established by the
26 certifying body for his or her nursing specialty.
27 (Source: P.A. 90-61, eff. 12-30-97.)
28 Section 10. The Pharmacy Practice Act of 1987 is amended
29 by changing Sections 3 and 4 as follows:
30 (225 ILCS 85/3) (from Ch. 111, par. 4123)
31 Sec. 3. Definitions. For the purpose of this Act, except
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1 where otherwise limited therein:
2 (a) "Pharmacy" or "drugstore" means and includes every
3 store, shop, pharmacy department, or other place where
4 pharmaceutical care is provided by a pharmacist (1) where
5 drugs, medicines, or poisons are dispensed, sold or offered
6 for sale at retail, or displayed for sale at retail; or (2)
7 where prescriptions of physicians, dentists, veterinarians,
8 podiatrists, or therapeutically certified optometrists,
9 within the limits of their licenses, are compounded, filled,
10 or dispensed; or (3) 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", "Pharmaceutical Care", "Apothecary", "Drugstore",
14 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or
15 any word or words of similar or like import, either in the
16 English language or any other language; or (4) where the
17 characteristic prescription sign (Rx) or similar design is
18 exhibited; or (5) any store, or shop, or other place with
19 respect to which any of the above words, objects, signs or
20 designs are used in any 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
-18- LRB9008509NTmb
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 as determined by the
11 pharmacist's professional judgment in the following areas,
12 which may include but are not limited to (1) patient
13 counseling, (2) interpretation and assisting in the
14 monitoring of appropriate drug use and prospective drug
15 utilization review, (3) providing information on the
16 therapeutic values, reactions, drug interactions, side
17 effects, uses, selection of medications and medical devices,
18 and outcome of drug therapy, (4) participation in drug
19 selection, drug monitoring, drug utilization review,
20 evaluation, administration, interpretation, application of
21 pharmacokinetic and laboratory data to design safe and
22 effective drug regimens, (5) drug research (clinical and
23 scientific), and (6) compounding and dispensing of drugs and
24 medical devices.
25 (e) "Prescription" means and includes any written, oral,
26 facsimile, or electronically transmitted order for drugs or
27 medical devices, issued by a physician licensed to practice
28 medicine in all its branches, dentist, veterinarian, or
29 podiatrist, advanced practice registered nurse, or
30 therapeutically certified optometrist, within the limits of
31 their licenses, or by a physician assistant in accordance
32 with subsection (f) of Section 4, containing the following:
33 (l) name of the patient; (2) date when prescription was
34 issued; (3) name and strength of drug or description of the
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1 medical device prescribed; and (4) quantity, (5) directions
2 for use, (6) prescriber's name, address and signature, and
3 (7) DEA number where required, for controlled substances. DEA
4 numbers shall not be required on inpatient drug orders.
5 (f) "Person" means and includes a natural person,
6 copartnership, association, corporation, government entity,
7 or any other legal entity.
8 (g) "Department" means the Department of Professional
9 Regulation.
10 (h) "Board of Pharmacy" or "Board" means the State Board
11 of Pharmacy of the Department of Professional Regulation.
12 (i) "Director" means the Director of Professional
13 Regulation.
14 (j) "Drug product selection" means the interchange for a
15 prescribed pharmaceutical product in accordance with Section
16 25 of this Act and Section 3.14 of the Illinois Food, Drug
17 and Cosmetic Act.
18 (k) "Inpatient drug order" means an order issued by an
19 authorized prescriber for a resident or patient of a facility
20 licensed under the Nursing Home Care Act or the Hospital
21 Licensing Act, or "An Act in relation to the founding and
22 operation of the University of Illinois Hospital and the
23 conduct of University of Illinois health care programs",
24 approved July 3, 1931, as amended, or a facility which is
25 operated by the Department of Human Services (as successor to
26 the Department of Mental Health and Developmental
27 Disabilities) or the Department of Corrections.
28 (k-5) "Pharmacist" means an individual currently
29 licensed by this State to engage in the practice of pharmacy.
30 (l) "Pharmacist in charge" means the licensed pharmacist
31 whose name appears on a pharmacy license who is responsible
32 for all aspects of the operation related to the practice of
33 pharmacy.
34 (m) "Dispense" means the delivery of drugs and medical
-20- LRB9008509NTmb
1 devices, in accordance with applicable State and federal laws
2 and regulations, to the patient or the patient's
3 representative authorized to receive these products,
4 including the compounding, packaging, and labeling necessary
5 for delivery, and any recommending or advising concerning the
6 contents and therapeutic values and uses thereof. "Dispense"
7 does not mean the physical delivery to a patient or a
8 patient's representative in a home or institution by a
9 designee of a pharmacist or by common carrier. "Dispense"
10 also does not mean the physical delivery of a drug or medical
11 device to a patient or patient's representative by a
12 pharmacist's designee within a pharmacy or drugstore while
13 the pharmacist is on duty and the pharmacy is open.
14 (n) "Mail-order pharmacy" means a pharmacy that is
15 located in a state of the United States, other than Illinois,
16 that delivers, dispenses or distributes, through the United
17 States Postal Service or other common carrier, to Illinois
18 residents, any substance which requires a prescription.
19 (o) "Compounding" means the preparation, mixing,
20 assembling, packaging, or labeling of a drug or medical
21 device: (1) as the result of a practitioner's prescription
22 drug order or initiative that is dispensed pursuant to a
23 prescription in the course of professional practice; or (2)
24 for the purpose of, or incident to, research, teaching, or
25 chemical analysis; or (3) in anticipation of prescription
26 drug orders based on routine, regularly observed prescribing
27 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 authorized by law to receive the information.
33 (q) "Prospective drug review" or "drug utilization
34 evaluation" means a screening for potential drug therapy
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1 problems due to therapeutic duplication, drug-disease
2 contraindications, drug-drug interactions (including serious
3 interactions with nonprescription or over-the-counter drugs),
4 drug-food interactions, incorrect drug dosage or duration of
5 drug treatment, drug-allergy interactions, and clinical abuse
6 or misuse.
7 (r) "Patient counseling" means the communication between
8 a pharmacist or a student pharmacist under the direct
9 supervision of a pharmacist and a patient or the patient's
10 representative about the patient's medication or device for
11 the purpose of optimizing proper use of prescription
12 medications or devices. The offer to counsel by the
13 pharmacist or the pharmacist's designee, and subsequent
14 patient counseling by the pharmacist or student pharmacist,
15 shall be made in a face-to-face communication with the
16 patient or patient's representative unless, in the
17 professional judgment of the pharmacist, a face-to-face
18 communication is deemed inappropriate or unnecessary. In
19 that instance, the offer to counsel or patient counseling may
20 be made in a written communication, by telephone, or in a
21 manner determined by the pharmacist to be appropriate.
22 (s) "Patient profiles" or "patient drug therapy record"
23 means the obtaining, recording, and maintenance of patient
24 prescription and personal information.
25 (t) "Pharmaceutical care" includes, but is not limited
26 to, the act of monitoring drug use and other patient care
27 services intended to achieve outcomes that improve the
28 patient's quality of life but shall not include the sale of
29 over-the-counter drugs by a seller of goods and services who
30 does not dispense prescription drugs.
31 (u) "Medical device" means an instrument, apparatus,
32 implement, machine, contrivance, implant, in vitro reagent,
33 or other similar or related article, including any component
34 part or accessory, required under federal law to bear the
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1 label "Caution: Federal law requires dispensing by or on the
2 order of a physician". A seller of goods and services who,
3 only for the purpose of retail sales, compounds, sells,
4 rents, or leases medical devices shall not, by reasons
5 thereof, be required to be a licensed pharmacy.
6 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
7 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; revised 8-5-97.)
8 (225 ILCS 85/4) (from Ch. 111, par. 4124)
9 Sec. 4. Exemptions. Nothing contained in any Section of
10 this Act shall apply to, or in any manner interfere with:
11 (a) the lawful practice of any physician licensed to
12 practice medicine in all of its branches, dentist,
13 podiatrist, veterinarian, or therapeutically or
14 diagnostically certified optometrist within the limits of his
15 or her license, or prevent him or her from supplying to his
16 or her bona fide patients such drugs, medicines, or poisons
17 as may seem to him appropriate;
18 (b) the sale of compressed gases;
19 (c) the sale of patent or proprietary medicines and
20 household remedies when sold in original and unbroken
21 packages only, if such patent or proprietary medicines and
22 household remedies be properly and adequately labeled as to
23 content and usage and generally considered and accepted as
24 harmless and nonpoisonous when used according to the
25 directions on the label, and also do not contain opium or
26 coca leaves, or any compound, salt or derivative thereof, or
27 any drug which, according to the latest editions of the
28 following authoritative pharmaceutical treatises and
29 standards, namely, The United States Pharmacopoeia/National
30 Formulary (USP/NF), the United States Dispensatory, and the
31 Accepted Dental Remedies of the Council of Dental
32 Therapeutics of the American Dental Association or any or
33 either of them, in use on the effective date of this Act, or
-23- LRB9008509NTmb
1 according to the existing provisions of the Federal Food,
2 Drug, and Cosmetic Act and Regulations of the Department of
3 Health and Human Services, Food and Drug Administration,
4 promulgated thereunder now in effect, is designated,
5 described or considered as a narcotic, hypnotic, habit
6 forming, dangerous, or poisonous drug;
7 (d) the sale of poultry and livestock remedies in
8 original and unbroken packages only, labeled for poultry and
9 livestock medication; and
10 (e) the sale of poisonous substances or mixture of
11 poisonous substances, in unbroken packages, for nonmedicinal
12 use in the arts or industries or for insecticide purposes;
13 provided, they are properly and adequately labeled as to
14 content and such nonmedicinal usage, in conformity with the
15 provisions of all applicable federal, state and local laws
16 and regulations promulgated thereunder now in effect relating
17 thereto and governing the same, and those which are required
18 under such applicable laws and regulations to be labeled with
19 the word "Poison", are also labeled with the word "Poison"
20 printed thereon in prominent type and the name of a readily
21 obtainable antidote with directions for its administration;
22 and
23 (f) the delegation of limited prescriptive authority by
24 a physician licensed to practice medicine in all its branches
25 to a physician assistant under Section 7.5 of the Physician
26 Assistant Practice Act of 1987. This delegated authority may
27 but is not required to include prescription of Schedule III,
28 IV, or V controlled substances, as defined in Article II of
29 the Illinois Controlled Substances Act, in accordance with
30 written guidelines under Section 7.5 of the Physician
31 Assistant Practice Act of 1987; and.
32 (g) the delegation of limited prescriptive authority by
33 a physician licensed to practice medicine in all of its
34 branches to an advanced practice registered nurse in
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1 accordance with a written practice agreement under Section
2 12.7 of the Illinois Nursing Act of 1987. This delegated
3 authority may but is not required to include prescription of
4 Schedule II, III, IV, or V controlled substances as defined
5 in Article II of the Illinois Controlled Substances Act.
6 (Source: P.A. 90-116, eff. 7-14-97; 90-253, eff. 7-29-97;
7 revised 8-5-97.)
8 Section 15. The Illinois Controlled Substances Act is
9 amended by changing Section 102 as follows:
10 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
11 Sec. 102. As used in this Act, unless the context
12 otherwise requires:
13 (a) "Addict" means any person who habitually uses any
14 drug, chemical, substance or dangerous drug other than
15 alcohol so as to endanger the public morals, health, safety
16 or welfare or who is so far addicted to the use of a
17 dangerous drug or controlled substance other than alcohol as
18 to have lost the power of self control with reference to his
19 addiction.
20 (b) "Administer" means the direct application of a
21 controlled substance, whether by injection, inhalation,
22 ingestion, or any other means, to the body of a patient or
23 research subject by:
24 (1) a practitioner (or, in his presence, by his
25 authorized agent), or
26 (2) the patient or research subject at the lawful
27 direction of the practitioner.
28 (c) "Agent" means an authorized person who acts on
29 behalf of or at the direction of a manufacturer, distributor,
30 or dispenser. It does not include a common or contract
31 carrier, public warehouseman or employee of the carrier or
32 warehouseman.
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1 (c-1) "Anabolic Steroids" means any drug or hormonal
2 substance, chemically and pharmacologically related to
3 testosterone (other than estrogens, progestins, and
4 corticosteroids) that promotes muscle growth, and includes:
5 (i) boldenone,
6 (ii) chlorotestosterone,
7 (iii) chostebol,
8 (iv) dehydrochlormethyltestosterone,
9 (v) dihydrotestosterone,
10 (vi) drostanolone,
11 (vii) ethylestrenol,
12 (viii) fluoxymesterone,
13 (ix) formebulone,
14 (x) mesterolone,
15 (xi) methandienone,
16 (xii) methandranone,
17 (xiii) methandriol,
18 (xiv) methandrostenolone,
19 (xv) methenolone,
20 (xvi) methyltestosterone,
21 (xvii) mibolerone,
22 (xviii) nandrolone,
23 (xix) norethandrolone,
24 (xx) oxandrolone,
25 (xxi) oxymesterone,
26 (xxii) oxymetholone,
27 (xxiii) stanolone,
28 (xxiv) stanozolol,
29 (xxv) testolactone,
30 (xxvi) testosterone,
31 (xxvii) trenbolone, and
32 (xxviii) any salt, ester, or isomer of a drug
33 or substance described or listed in this paragraph,
34 if that salt, ester, or isomer promotes muscle
-26- LRB9008509NTmb
1 growth.
2 Any person who is otherwise lawfully in possession of an
3 anabolic steroid, or who otherwise lawfully manufactures,
4 distributes, dispenses, delivers, or possesses with intent to
5 deliver an anabolic steroid, which anabolic steroid is
6 expressly intended for and lawfully allowed to be
7 administered through implants to livestock or other nonhuman
8 species, and which is approved by the Secretary of Health and
9 Human Services for such administration, and which the person
10 intends to administer or have administered through such
11 implants, shall not be considered to be in unauthorized
12 possession or to unlawfully manufacture, distribute,
13 dispense, deliver, or possess with intent to deliver such
14 anabolic steroid for purposes of this Act.
15 (d) "Administration" means the Drug Enforcement
16 Administration, United States Department of Justice, or its
17 successor agency.
18 (e) "Control" means to add a drug or other substance, or
19 immediate precursor, to a Schedule under Article II of this
20 Act whether by transfer from another Schedule or otherwise.
21 (f) "Controlled Substance" means a drug, substance, or
22 immediate precursor in the Schedules of Article II of this
23 Act.
24 (g) "Counterfeit substance" means a controlled
25 substance, which, or the container or labeling of which,
26 without authorization bears the trademark, trade name, or
27 other identifying mark, imprint, number or device, or any
28 likeness thereof, of a manufacturer, distributor, or
29 dispenser other than the person who in fact manufactured,
30 distributed, or dispensed the substance.
31 (h) "Deliver" or "delivery" means the actual,
32 constructive or attempted transfer of possession of a
33 controlled substance, with or without consideration, whether
34 or not there is an agency relationship.
-27- LRB9008509NTmb
1 (i) "Department" means the Illinois Department of Human
2 Services (as successor to the Department of Alcoholism and
3 Substance Abuse) or its successor agency.
4 (j) "Department of State Police" means the Department of
5 State Police of the State of Illinois or its successor
6 agency.
7 (k) "Department of Corrections" means the Department of
8 Corrections of the State of Illinois or its successor agency.
9 (l) "Department of Professional Regulation" means the
10 Department of Professional Regulation of the State of
11 Illinois or its successor agency.
12 (m) "Depressant" or "stimulant substance" means:
13 (1) a drug which contains any quantity of (i)
14 barbituric acid or any of the salts of barbituric acid
15 which has been designated as habit forming under section
16 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
17 U.S.C. 352 (d)); or
18 (2) a drug which contains any quantity of (i)
19 amphetamine or methamphetamine and any of their optical
20 isomers; (ii) any salt of amphetamine or methamphetamine
21 or any salt of an optical isomer of amphetamine; or (iii)
22 any substance which the Department, after investigation,
23 has found to be, and by rule designated as, habit forming
24 because of its depressant or stimulant effect on the
25 central nervous system; or
26 (3) lysergic acid diethylamide; or
27 (4) any drug which contains any quantity of a
28 substance which the Department, after investigation, has
29 found to have, and by rule designated as having, a
30 potential for abuse because of its depressant or
31 stimulant effect on the central nervous system or its
32 hallucinogenic effect.
33 (n) "Designated product" means any narcotic drug,
34 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
-28- LRB9008509NTmb
1 pentazocine or cannabis product listed in Schedule II and
2 also means a controlled substance listed in Schedule II which
3 is determined and designated by the Department or its
4 successor agency to be such a product. A designated product
5 shall only be dispensed upon an official prescription blank.
6 (o) "Director" means the Director of the Department of
7 State Police or the Department of Professional Regulation or
8 his designated agents.
9 (p) "Dispense" means to deliver a controlled substance
10 to an ultimate user or research subject by or pursuant to the
11 lawful order of a prescriber, including the prescribing,
12 administering, packaging, labeling, or compounding necessary
13 to prepare the substance for that delivery.
14 (q) "Dispenser" means a practitioner who dispenses.
15 (r) "Distribute" means to deliver, other than by
16 administering or dispensing, a controlled substance.
17 (s) "Distributor" means a person who distributes.
18 (t) "Drug" means (1) substances recognized as drugs in
19 the official United States Pharmacopoeia, Official
20 Homeopathic Pharmacopoeia of the United States, or official
21 National Formulary, or any supplement to any of them; (2)
22 substances intended for use in diagnosis, cure, mitigation,
23 treatment, or prevention of disease in man or animals; (3)
24 substances (other than food) intended to affect the structure
25 of any function of the body of man or animals and (4)
26 substances intended for use as a component of any article
27 specified in clause (1), (2), or (3) of this subsection. It
28 does not include devices or their components, parts, or
29 accessories.
30 (u) "Good faith" means the prescribing or dispensing of
31 a controlled substance by a practitioner in the regular
32 course of professional treatment to or for any person who is
33 under his treatment for a pathology or condition other than
34 that individual's physical or psychological dependence upon
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1 or addiction to a controlled substance, except as provided
2 herein: and application of the term to a pharmacist shall
3 mean the dispensing of a controlled substance pursuant to the
4 prescriber's order which in the professional judgment of the
5 pharmacist is lawful. The pharmacist shall be guided by
6 accepted professional standards including, but not limited to
7 the following, in making the judgment:
8 (1) lack of consistency of doctor-patient
9 relationship,
10 (2) frequency of prescriptions for same drug by one
11 prescriber for large numbers of patients,
12 (3) quantities beyond those normally prescribed,
13 (4) unusual dosages,
14 (5) unusual geographic distances between patient,
15 pharmacist and prescriber,
16 (6) consistent prescribing of habit-forming drugs.
17 (u-1) "Home infusion services" means services provided
18 by a pharmacy in compounding solutions for direct
19 administration to a patient in a private residence, long-term
20 care facility, or hospice setting by means of parenteral,
21 intravenous, intramuscular, subcutaneous, or intraspinal
22 infusion.
23 (v) "Immediate precursor" means a substance:
24 (1) which the Department has found to be and by
25 rule designated as being a principal compound used, or
26 produced primarily for use, in the manufacture of a
27 controlled substance;
28 (2) which is an immediate chemical intermediary
29 used or likely to be used in the manufacture of such
30 controlled substance; and
31 (3) the control of which is necessary to prevent,
32 curtail or limit the manufacture of such controlled
33 substance.
34 (w) "Instructional activities" means the acts of
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1 teaching, educating or instructing by practitioners using
2 controlled substances within educational facilities approved
3 by the State Board of Education or its successor agency.
4 (x) "Local authorities" means a duly organized State,
5 County or Municipal peace unit or police force.
6 (y) "Look-alike substance" means a substance, other than
7 a controlled substance which (1) by overall dosage unit
8 appearance, including shape, color, size, markings or lack
9 thereof, taste, consistency, or any other identifying
10 physical characteristic of the substance, would lead a
11 reasonable person to believe that the substance is a
12 controlled substance, or (2) is expressly or impliedly
13 represented to be a controlled substance or is distributed
14 under circumstances which would lead a reasonable person to
15 believe that the substance is a controlled substance. For the
16 purpose of determining whether the representations made or
17 the circumstances of the distribution would lead a reasonable
18 person to believe the substance to be a controlled substance
19 under this clause (2) of subsection (y), the court or other
20 authority may consider the following factors in addition to
21 any other factor that may be relevant:
22 (a) statements made by the owner or person in
23 control of the substance concerning its nature, use or
24 effect;
25 (b) statements made to the buyer or recipient that
26 the substance may be resold for profit;
27 (c) whether the substance is packaged in a manner
28 normally used for the illegal distribution of controlled
29 substances;
30 (d) whether the distribution or attempted
31 distribution included an exchange of or demand for money
32 or other property as consideration, and whether the
33 amount of the consideration was substantially greater
34 than the reasonable retail market value of the substance.
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1 Clause (1) of this subsection (y) shall not apply to a
2 noncontrolled substance in its finished dosage form that was
3 initially introduced into commerce prior to the initial
4 introduction into commerce of a controlled substance in its
5 finished dosage form which it may substantially resemble.
6 Nothing in this subsection (y) prohibits the dispensing
7 or distributing of noncontrolled substances by persons
8 authorized to dispense and distribute controlled substances
9 under this Act, provided that such action would be deemed to
10 be carried out in good faith under subsection (u) if the
11 substances involved were controlled substances.
12 Nothing in this subsection (y) or in this Act prohibits
13 the manufacture, preparation, propagation, compounding,
14 processing, packaging, advertising or distribution of a drug
15 or drugs by any person registered pursuant to Section 510 of
16 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
17 (y-1) "Mail-order pharmacy" means a pharmacy that is
18 located in a state of the United States, other than Illinois,
19 that delivers, dispenses or distributes, through the United
20 States Postal Service or other common carrier, to Illinois
21 residents, any substance which requires a prescription.
22 (z) "Manufacture" means the production, preparation,
23 propagation, compounding, conversion or processing of a
24 controlled substance, either directly or indirectly, by
25 extraction from substances of natural origin, or
26 independently by means of chemical synthesis, or by a
27 combination of extraction and chemical synthesis, and
28 includes any packaging or repackaging of the substance or
29 labeling of its container, except that this term does not
30 include:
31 (1) by an ultimate user, the preparation or
32 compounding of a controlled substance for his own use; or
33 (2) by a practitioner, or his authorized agent
34 under his supervision, the preparation, compounding,
-32- LRB9008509NTmb
1 packaging, or labeling of a controlled substance:
2 (a) as an incident to his administering or
3 dispensing of a controlled substance in the course
4 of his professional practice; or
5 (b) as an incident to lawful research,
6 teaching or chemical analysis and not for sale.
7 (aa) "Narcotic drug" means any of the following, whether
8 produced directly or indirectly by extraction from substances
9 of natural origin, or independently by means of chemical
10 synthesis, or by a combination of extraction and chemical
11 synthesis:
12 (1) opium and opiate, and any salt, compound,
13 derivative, or preparation of opium or opiate;
14 (2) any salt, compound, isomer, derivative, or
15 preparation thereof which is chemically equivalent or
16 identical with any of the substances referred to in
17 clause (1), but not including the isoquinoline alkaloids
18 of opium;
19 (3) opium poppy and poppy straw;
20 (4) coca leaves and any salts, compound, isomer,
21 salt of an isomer, derivative, or preparation of coca
22 leaves including cocaine or ecgonine, and any salt,
23 compound, isomer, derivative, or preparation thereof
24 which is chemically equivalent or identical with any of
25 these substances, but not including decocainized coca
26 leaves or extractions of coca leaves which do not contain
27 cocaine or ecgonine (for the purpose of this paragraph,
28 the term "isomer" includes optical, positional and
29 geometric isomers).
30 (bb) "Nurse" means a registered nurse licensed under the
31 Illinois Nursing Act of 1987.
32 (cc) "Official prescription blanks" means the triplicate
33 prescription forms supplied to prescribers by the Department
34 for prescribing Schedule II Designated Product controlled
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1 substances.
2 (dd) "Opiate" means any substance having an addiction
3 forming or addiction sustaining liability similar to morphine
4 or being capable of conversion into a drug having addiction
5 forming or addiction sustaining liability.
6 (ee) "Opium poppy" means the plant of the species
7 Papaver somniferum L., except its seeds.
8 (ff) "Parole and Pardon Board" means the Parole and
9 Pardon Board of the State of Illinois or its successor
10 agency.
11 (gg) "Person" means any individual, corporation,
12 mail-order pharmacy, government or governmental subdivision
13 or agency, business trust, estate, trust, partnership or
14 association, or any other entity.
15 (hh) "Pharmacist" means any person who holds a
16 certificate of registration as a registered pharmacist, a
17 local registered pharmacist or a registered assistant
18 pharmacist under the Pharmacy Practice Act of 1987.
19 (ii) "Pharmacy" means any store, ship or other place in
20 which pharmacy is authorized to be practiced under the
21 Pharmacy Practice Act of 1987.
22 (jj) "Poppy straw" means all parts, except the seeds, of
23 the opium poppy, after mowing.
24 (kk) "Practitioner" means a physician licensed to
25 practice medicine in all its branches, dentist, podiatrist,
26 veterinarian, scientific investigator, pharmacist, advanced
27 practice registered nurse, physician assistant, licensed
28 practical nurse, registered nurse, hospital, laboratory, or
29 pharmacy, or other person licensed, registered, or otherwise
30 lawfully permitted by the United States or this State to
31 distribute, dispense, conduct research with respect to,
32 administer or use in teaching or chemical analysis, a
33 controlled substance in the course of professional practice
34 or research.
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1 (ll) "Pre-printed prescription" means a written
2 prescription upon which the designated drug has been
3 indicated prior to the time of issuance.
4 (mm) "Prescriber" means a physician licensed to practice
5 medicine in all its branches, dentist, podiatrist or
6 veterinarian who issues a prescription, or a physician
7 assistant who issues a prescription for a Schedule III, IV,
8 or V controlled substance as delegated by a physician
9 licensed to practice medicine in all its branches in
10 accordance with the written guidelines required under Section
11 7.5 of the Physician Assistant Practice Act of 1987, or an
12 advanced practice registered nurse who issues a prescription
13 for a Schedule II, III, IV, or V controlled substance, as
14 delegated by a physician licensed to practice medicine in all
15 of its branches, in accordance with a written practice
16 agreement under Section 12.7 of the Illinois Nursing Act of
17 1987.
18 (nn) "Prescription" means a lawful written, facsimile,
19 or verbal order of a physician licensed to practice medicine
20 in all its branches, dentist, podiatrist or veterinarian for
21 any controlled substance, or of a physician assistant for a
22 Schedule III, IV, or V controlled substance as delegated by a
23 physician licensed to practice medicine in all its branches
24 in accordance with the written guidelines required under
25 Section 7.5 of the Physician Assistant Practice Act of 1987,
26 or of an advanced practice registered nurse for a Schedule
27 II, III, IV, or V controlled substance, as delegated by a
28 physician licensed to practice medicine in all of its
29 branches, in accordance with a written practice agreement
30 under Section 12.7 of the Illinois Nursing Act of 1987.
31 (oo) "Production" or "produce" means manufacture,
32 planting, cultivating, growing, or harvesting of a controlled
33 substance.
34 (pp) "Registrant" means every person who is required to
-35- LRB9008509NTmb
1 register under Section 302 of this Act.
2 (qq) "Registry number" means the number assigned to each
3 person authorized to handle controlled substances under the
4 laws of the United States and of this State.
5 (rr) "State" includes the State of Illinois and any
6 state, district, commonwealth, territory, insular possession
7 thereof, and any area subject to the legal authority of the
8 United States of America.
9 (ss) "Ultimate user" means a person who lawfully
10 possesses a controlled substance for his own use or for the
11 use of a member of his household or for administering to an
12 animal owned by him or by a member of his household.
13 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
14 90-116, eff. 7-14-97.)
15 Section 20. The Good Samaritan Act is amended by
16 changing Sections 25, 30, and 35 as follows:
17 (745 ILCS 49/25)
18 Sec. 25. Physicians; exemption from civil liability for
19 emergency care. Any person licensed under the Medical
20 Practice Act of 1987 or any person licensed to practice the
21 treatment of human ailments in any other state or territory
22 of the United States, except a person licensed to practice
23 midwifery, who, in good faith and without prior notice of the
24 illness or injury, provides emergency care without fee to a
25 person, shall not, as a result of their acts or omissions,
26 except willful or wanton misconduct on the part of the
27 person, in providing the care, be liable for civil damages.
28 (Source: P.A. 89-607, eff. 1-1-97.)
29 (745 ILCS 49/30)
30 Sec. 30. Free medical clinic; exemption from civil
31 liability for services performed without compensation.
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1 (a) A person licensed under the Medical Practice Act of
2 1987 or licensed to practice the treatment of human ailments
3 in any other state or territory of the United States, except
4 a person licensed to practice midwifery, who, in good faith,
5 provides medical treatment, diagnosis, or advice as a part of
6 the services of an established free medical clinic providing
7 care to medically indigent patients which is limited to care
8 that does not require the services of a licensed hospital or
9 ambulatory surgical treatment center and who receives no fee
10 or compensation from that source shall not be liable for
11 civil damages as a result of his or her acts or omissions in
12 providing that medical treatment, except for willful or
13 wanton misconduct.
14 (b) For purposes of this Section, a "free medical
15 clinic" is an organized community based program providing
16 medical care without charge to individuals unable to pay for
17 it, at which the care provided does not include the use of
18 general anesthesia or require an overnight stay in a
19 health-care facility.
20 (c) The provisions of subsection (a) of this Section do
21 not apply to a particular case unless the free medical clinic
22 has posted in a conspicuous place on its premises an
23 explanation of the exemption from civil liability provided
24 herein.
25 (d) The immunity from civil damages provided under
26 subsection (a) also applies to physicians, hospitals, and
27 other health care providers that provide further medical
28 treatment, diagnosis, or advice to a patient upon referral
29 from an established free medical clinic without fee or
30 compensation.
31 (e) Nothing in this Section prohibits a free medical
32 clinic from accepting voluntary contributions for medical
33 services provided to a patient who has acknowledged his or
34 her ability and willingness to pay a portion of the value of
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1 the medical services provided.
2 Any voluntary contribution collected for providing care
3 at a free medical clinic shall be used only to pay overhead
4 expenses of operating the clinic. No portion of any moneys
5 collected shall be used to provide a fee or other
6 compensation to any person licensed under Medical Practice
7 Act of 1987.
8 (Source: P.A. 89-607, eff. 1-1-97.)
9 (745 ILCS 49/35)
10 Sec. 35. Nurses; exemption from civil liability for
11 emergency care. Any person licensed under the Illinois
12 Nursing Act of 1987 or any person licensed as a professional
13 nurse, as an advanced practice registered nurse, or as a
14 practical nurse in any other state or territory of the United
15 States who in good faith and without prior notice of the
16 illness or injury provides emergency care without fee to a
17 person shall not, as a result of her or his acts or
18 omissions, except for willful or wanton misconduct on the
19 part of the person, in providing the care, be liable for
20 civil damages.
21 (Source: P.A. 89-607, eff. 1-1-97.)
22 Section 99. Effective date. This Act takes effect
23 January 1, 1999.