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90_SB0372enr
225 ILCS 95/19 from Ch. 111, par. 4619
Amends the Physician Assistant Practice Act of 1987 to
add a caption.
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1 AN ACT concerning physician assistants, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Pharmacy Practice Act of 1987 is amended
6 by changing Sections 3 and 4 as follows:
7 (225 ILCS 85/3) (from Ch. 111, par. 4123)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 3. For the purpose of this Act, except where
10 otherwise limited therein:
11 (a) "Pharmacy" or "Drugstore" means and includes every
12 store, or shop, pharmacy department, or other place where:
13 (l) pharmaceutical care is provided by a pharmacist; or (2)
14 drugs, medicines, or poisons are dispensed, or sold or
15 offered for sale at retail; or displayed for sale at retail;
16 or (3) where prescriptions of physicians, dentists,
17 veterinarians, or other persons authorized to prescribe drugs
18 within the limits of their licenses are compounded, filled,
19 or dispensed; or (4) which has upon it or displayed within
20 it, or affixed to or used in connection with it, a sign
21 bearing the word or words "Pharmacist", "Druggist",
22 "Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
23 "Prescriptions", "Drugs", "Medicines", or any word or words
24 of similar or like import, either in the English language or
25 any other language; or (5) where the characteristic
26 prescription sign (Rx) or similar design is exhibited; or (6)
27 any store, or shop, or other place with respect to which any
28 of the above words, objects, signs or designs are used in any
29 advertisement.
30 (b) "Drugs" means and includes (l) articles recognized
31 in the official United States Pharmacopoeia/National
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1 Formulary (USP/NF), or any supplement thereto and being
2 intended for and having for their main use the diagnosis,
3 cure, mitigation, treatment or prevention of disease in man
4 or other animals, as approved by the United States Food and
5 Drug Administration, but does not include devices or their
6 components, parts, or accessories; and (2) all other articles
7 intended for and having for their main use the diagnosis,
8 cure, mitigation, treatment or prevention of disease in man
9 or other animals, as approved by the United States Food and
10 Drug Administration, but does not include devices or their
11 components, parts, or accessories; and (3) articles (other
12 than food) having for their main use and intended to affect
13 the structure or any function of the body of man or other
14 animals; and (4) articles having for their main use and
15 intended for use as a component or any articles specified in
16 clause (l), (2) or (3); but does not include devices or their
17 components, parts or accessories.
18 (c) "Medicines" means and includes all drugs intended
19 for human or veterinary use approved by the United States
20 Food and Drug Administration.
21 (d) "Practice of pharmacy" means the provision of
22 pharmaceutical care to patients which may include, but is not
23 limited to, (1) patient counseling, (2) interpretation and
24 assisting in the monitoring of appropriate drug use and
25 prospective drug utilization review, (3) providing
26 information on the therapeutic values, reactions, drug
27 interactions, side effects, uses, selection of medications
28 and medical devices, and outcome of drug therapy, (4)
29 participation in drug selection, drug monitoring, drug
30 utilization review, evaluation, administration,
31 interpretation, and applying pharmacokinetic and laboratory
32 data to design safe and effective drug regimens and drug
33 research (clinical and scientific) when applicable in the
34 pharmacist's professional judgment, and (6) compounding and
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1 dispensing of drugs and medical devices.
2 (e) "Prescription" means and includes any order for
3 drugs or medical devices, issued by a physician licensed to
4 practice medicine in all its branches, dentist, veterinarian,
5 or podiatrist, or by a physician assistant in accordance with
6 subsection (f) of Section 4, containing the following: (l)
7 Name of the patient; (2) date when prescription was given;
8 (3) name and strength of drug or description of the medical
9 device prescribed; and (4) quantity, (5) directions for use,
10 (6) prescriber's name, address and signature, and (7) DEA
11 number where required, for controlled substances. DEA numbers
12 shall not be required on inpatient drug orders.
13 (f) "Person" means and includes a natural person,
14 copartnership, association, or corporation.
15 (g) "Department" means the Department of Professional
16 Regulation.
17 (h) "Board of Pharmacy" or "Board" means the State Board
18 of Pharmacy of the Department of Professional Regulation.
19 (i) "Director" means the Director of Professional
20 Regulation.
21 (j) "Drug product selection" means the interchange for a
22 prescribed pharmaceutical product in accordance with Section
23 25 of this Act and Section 3.14 of the Illinois Food, Drug
24 and Cosmetic Act.
25 (k) "Inpatient drug order" means an order issued by an
26 authorized prescriber for a resident or patient of a facility
27 licensed under the Nursing Home Care Act or the Hospital
28 Licensing Act, or "An Act in relation to the founding and
29 operation of the University of Illinois Hospital and the
30 conduct of University of Illinois health care programs",
31 approved July 3, 1931, as amended, or a facility which is
32 operated by the Department of Mental Health and Developmental
33 Disabilities or the Department of Corrections.
34 (l) "Pharmacist in charge" means the licensed pharmacist
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1 whose name appears on a pharmacy license who is responsible
2 for all aspects of the operation related to the practice of
3 pharmacy.
4 (m) "Dispense" means the delivery of drugs and medical
5 devices, in accordance with applicable State and federal laws
6 and regulations, to the patient or the patient's
7 representative authorized to receive these products,
8 including the compounding, packaging, and labeling necessary
9 for delivery, and any recommending or advising concerning the
10 contents and therapeutic values and uses thereof.
11 (n) "Mail-order pharmacy" means a pharmacy that is
12 located in a state of the United States, other than Illinois,
13 that delivers, dispenses or distributes, through the United
14 States Postal Service or other common carrier, to Illinois
15 residents, any substance which requires a prescription.
16 (o) "Compounding" means the preparation, mixing,
17 assembling, packaging, or labeling of a drug or medical
18 device: (1) as the result of a practitioner's prescription
19 drug order or initiative that is dispensed pursuant to a
20 prescription in the course of professional practice; or (2)
21 for the purpose of, or incident to, research, teaching, or
22 chemical analysis and not for sale or dispensing a
23 prescriber's order; or (3) the preparation of drugs or
24 medical devices in anticipation of prescription drug orders
25 based on routine, regularly observed prescribing patterns.
26 (p) "Confidential information" means information,
27 maintained by the pharmacist in the patient's records,
28 released only (i) to the patient or, as the patient directs,
29 to other practitioners and other pharmacists or (ii) to any
30 other person or governmental agency authorized by law to
31 receive the information.
32 (q) "Prospective drug review" or "drug utilization
33 evaluation" means a review of the screening for potential
34 drug therapy problems due to therapeutic duplication,
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1 drug-disease contraindications, drug-drug interactions
2 (including serious interactions with nonprescription or
3 over-the-counter drugs), incorrect drug dosage or duration of
4 drug treatment, drug-allergy interactions, and clinical abuse
5 or misuse.
6 (r) "Patient counseling" means the offer to counsel
7 shall be made by the pharmacist or the pharmacist's designee
8 in a face-to-face communication with the patient, unless, in
9 the professional judgment of the pharmacists it is deemed
10 inappropriate or unnecessary. In such instances, it would be
11 permissible for the offer to counsel to be made in a written
12 communication, by telephone or in a manner determined by the
13 pharmacist to be appropriate.
14 (s) "Patient profiles" or "patient drug therapy record"
15 means the obtaining, recording, and maintenance of patient
16 information.
17 (t) "Pharmaceutical care" includes, but is not limited
18 to, the act of monitoring drug use and other patient care
19 services intended to achieve outcomes that improve the
20 patient's quality of life but shall not include the sale of
21 over-the-counter drugs by a seller of goods and services who
22 does not dispense prescription drugs.
23 (u) "Medical device" means an instrument, apparatus,
24 implement, machine, contrivance, implant, in vitro reagent,
25 or other similar or related article, including any component
26 part or accessory, required under federal law to bear the
27 label "Caution: Federal law requires dispensing by or on the
28 order of a physician". A seller of goods and services who,
29 only for the purpose of retail sales, compounds, sells,
30 rents, or leases medical devices shall not, by reasons
31 thereof, be required to be a licensed pharmacy.
32 (Source: P.A. 89-202, eff. 7-21-95.)
33 (Text of Section after amendment by P.A. 89-507)
34 Sec. 3. For the purpose of this Act, except where
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1 otherwise limited therein:
2 (a) "Pharmacy" or "Drugstore" means and includes every
3 store, or shop, pharmacy department, or other place where:
4 (l) pharmaceutical care is provided by a pharmacist; or (2)
5 drugs, medicines, or poisons are dispensed, or sold or
6 offered for sale at retail; or displayed for sale at retail;
7 or (3) where prescriptions of physicians, dentists,
8 veterinarians, or other persons authorized to prescribe drugs
9 within the limits of their licenses are compounded, filled,
10 or dispensed; or (4) which has upon it or displayed within
11 it, or affixed to or used in connection with it, a sign
12 bearing the word or words "Pharmacist", "Druggist",
13 "Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
14 "Prescriptions", "Drugs", "Medicines", or any word or words
15 of similar or like import, either in the English language or
16 any other language; or (5) where the characteristic
17 prescription sign (Rx) or similar design is exhibited; or (6)
18 any store, or shop, or other place with respect to which any
19 of the above words, objects, signs or designs are used in any
20 advertisement.
21 (b) "Drugs" means and includes (l) articles recognized
22 in the official United States Pharmacopoeia/National
23 Formulary (USP/NF), or any supplement thereto and being
24 intended for and having for their main use the diagnosis,
25 cure, mitigation, treatment or prevention of disease in man
26 or other animals, as approved by the United States Food and
27 Drug Administration, but does not include devices or their
28 components, parts, or accessories; and (2) all other articles
29 intended for and having for their main use the diagnosis,
30 cure, mitigation, treatment or prevention of disease in man
31 or other animals, as approved by the United States Food and
32 Drug Administration, but does not include devices or their
33 components, parts, or accessories; and (3) articles (other
34 than food) having for their main use and intended to affect
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1 the structure or any function of the body of man or other
2 animals; and (4) articles having for their main use and
3 intended for use as a component or any articles specified in
4 clause (l), (2) or (3); but does not include devices or their
5 components, parts or accessories.
6 (c) "Medicines" means and includes all drugs intended
7 for human or veterinary use approved by the United States
8 Food and Drug Administration.
9 (d) "Practice of pharmacy" means the provision of
10 pharmaceutical care to patients which may include, but is not
11 limited to, (1) patient counseling, (2) interpretation and
12 assisting in the monitoring of appropriate drug use and
13 prospective drug utilization review, (3) providing
14 information on the therapeutic values, reactions, drug
15 interactions, side effects, uses, selection of medications
16 and medical devices, and outcome of drug therapy, (4)
17 participation in drug selection, drug monitoring, drug
18 utilization review, evaluation, administration,
19 interpretation, and applying pharmacokinetic and laboratory
20 data to design safe and effective drug regimens and drug
21 research (clinical and scientific) when applicable in the
22 pharmacist's professional judgment, and (6) compounding and
23 dispensing of drugs and medical devices.
24 (e) "Prescription" means and includes any order for
25 drugs or medical devices, issued by a physician licensed to
26 practice medicine in all its branches, dentist, veterinarian,
27 or podiatrist, or by a physician assistant in accordance with
28 subsection (f) of Section 4, containing the following: (l)
29 Name of the patient; (2) date when prescription was given;
30 (3) name and strength of drug or description of the medical
31 device prescribed; and (4) quantity, (5) directions for use,
32 (6) prescriber's name, address and signature, and (7) DEA
33 number where required, for controlled substances. DEA numbers
34 shall not be required on inpatient drug orders.
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1 (f) "Person" means and includes a natural person,
2 copartnership, association, or corporation.
3 (g) "Department" means the Department of Professional
4 Regulation.
5 (h) "Board of Pharmacy" or "Board" means the State Board
6 of Pharmacy of the Department of Professional Regulation.
7 (i) "Director" means the Director of Professional
8 Regulation.
9 (j) "Drug product selection" means the interchange for a
10 prescribed pharmaceutical product in accordance with Section
11 25 of this Act and Section 3.14 of the Illinois Food, Drug
12 and Cosmetic Act.
13 (k) "Inpatient drug order" means an order issued by an
14 authorized prescriber for a resident or patient of a facility
15 licensed under the Nursing Home Care Act or the Hospital
16 Licensing Act, or "An Act in relation to the founding and
17 operation of the University of Illinois Hospital and the
18 conduct of University of Illinois health care programs",
19 approved July 3, 1931, as amended, or a facility which is
20 operated by the Department of Human Services (as successor to
21 the Department of Mental Health and Developmental
22 Disabilities) or the Department of Corrections.
23 (l) "Pharmacist in charge" means the licensed pharmacist
24 whose name appears on a pharmacy license who is responsible
25 for all aspects of the operation related to the practice of
26 pharmacy.
27 (m) "Dispense" means the delivery of drugs and medical
28 devices, in accordance with applicable State and federal laws
29 and regulations, to the patient or the patient's
30 representative authorized to receive these products,
31 including the compounding, packaging, and labeling necessary
32 for delivery, and any recommending or advising concerning the
33 contents and therapeutic values and uses thereof.
34 (n) "Mail-order pharmacy" means a pharmacy that is
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1 located in a state of the United States, other than Illinois,
2 that delivers, dispenses or distributes, through the United
3 States Postal Service or other common carrier, to Illinois
4 residents, any substance which requires a prescription.
5 (o) "Compounding" means the preparation, mixing,
6 assembling, packaging, or labeling of a drug or medical
7 device: (1) as the result of a practitioner's prescription
8 drug order or initiative that is dispensed pursuant to a
9 prescription in the course of professional practice; or (2)
10 for the purpose of, or incident to, research, teaching, or
11 chemical analysis and not for sale or dispensing a
12 prescriber's order; or (3) the preparation of drugs or
13 medical devices in anticipation of prescription drug orders
14 based on routine, regularly observed prescribing patterns.
15 (p) "Confidential information" means information,
16 maintained by the pharmacist in the patient's records,
17 released only (i) to the patient or, as the patient directs,
18 to other practitioners and other pharmacists or (ii) to any
19 other person or governmental agency authorized by law to
20 receive the information.
21 (q) "Prospective drug review" or "drug utilization
22 evaluation" means a review of the screening for potential
23 drug therapy problems due to therapeutic duplication,
24 drug-disease contraindications, drug-drug interactions
25 (including serious interactions with nonprescription or
26 over-the-counter drugs), incorrect drug dosage or duration of
27 drug treatment, drug-allergy interactions, and clinical abuse
28 or misuse.
29 (r) "Patient counseling" means the offer to counsel
30 shall be made by the pharmacist or the pharmacist's designee
31 in a face-to-face communication with the patient, unless, in
32 the professional judgment of the pharmacists it is deemed
33 inappropriate or unnecessary. In such instances, it would be
34 permissible for the offer to counsel to be made in a written
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1 communication, by telephone or in a manner determined by the
2 pharmacist to be appropriate.
3 (s) "Patient profiles" or "patient drug therapy record"
4 means the obtaining, recording, and maintenance of patient
5 information.
6 (t) "Pharmaceutical care" includes, but is not limited
7 to, the act of monitoring drug use and other patient care
8 services intended to achieve outcomes that improve the
9 patient's quality of life but shall not include the sale of
10 over-the-counter drugs by a seller of goods and services who
11 does not dispense prescription drugs.
12 (u) "Medical device" means an instrument, apparatus,
13 implement, machine, contrivance, implant, in vitro reagent,
14 or other similar or related article, including any component
15 part or accessory, required under federal law to bear the
16 label "Caution: Federal law requires dispensing by or on the
17 order of a physician". A seller of goods and services who,
18 only for the purpose of retail sales, compounds, sells,
19 rents, or leases medical devices shall not, by reasons
20 thereof, be required to be a licensed pharmacy.
21 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)
22 (225 ILCS 85/4) (from Ch. 111, par. 4124)
23 Sec. 4. Nothing contained in any Section of this Act
24 shall apply to, or in any manner interfere with:;
25 (a) the lawful practice of any physician licensed to
26 practice medicine in all its branches, dentist, podiatrist,
27 veterinarian or other persons authorized to prescribe drugs
28 within the limits of their licenses, or prevent him from
29 supplying to his bona fide patients such drugs, medicines, or
30 poisons as may seem to him proper;
31 (b) the sale of compressed gases;
32 (c) the sale of patent or proprietary medicines and
33 household remedies when sold in original and unbroken
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1 packages only, if such patent or proprietary medicines and
2 household remedies be properly and adequately labeled as to
3 content and usage and generally considered and accepted as
4 harmless and nonpoisonous when used according to the
5 directions on the label, and also do not contain opium or
6 coca leaves, or any compound, salt or derivative thereof, or
7 any drug which, according to the latest editions of the
8 following authoritative pharmaceutical treatises and
9 standards, namely, The United States Pharmacopoeia/National
10 Formulary (USP/NF), the United States Dispensatory, and the
11 Accepted Dental Remedies of the Council of Dental
12 Therapeutics of the American Dental Association or any or
13 either of them, in use on the effective date of this Act, or
14 according to the existing provisions of the Federal Food,
15 Drug, and Cosmetic Act and Regulations of the Department of
16 Health and Human Services, Food and Drug Administration,
17 promulgated thereunder now in effect, is designated,
18 described or considered as a narcotic, hypnotic, habit
19 forming, dangerous, or poisonous drug;
20 (d) the sale of poultry and livestock remedies in
21 original and unbroken packages only, labeled for poultry and
22 livestock medication; and
23 (e) the sale of poisonous substances or mixture of
24 poisonous substances, in unbroken packages, for nonmedicinal
25 use in the arts or industries or for insecticide purposes;
26 provided, they are properly and adequately labeled as to
27 content and such nonmedicinal usage, in conformity with the
28 provisions of all applicable federal, state and local laws
29 and regulations promulgated thereunder now in effect relating
30 thereto and governing the same, and those which are required
31 under such applicable laws and regulations to be labeled with
32 the word "Poison", are also labeled with the word "Poison"
33 printed thereon in prominent type and the name of a readily
34 obtainable antidote with directions for its administration;
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1 and.
2 (f) the delegation of limited prescriptive authority by
3 a physician licensed to practice medicine in all its branches
4 to a physician assistant under Section 7.5 of the Physician
5 Assistant Practice Act of 1987. This delegated authority may
6 but is not required to include prescription of Schedule III,
7 IV, or V controlled substances, as defined in Article II of
8 the Illinois Controlled Substances Act, in accordance with
9 written guidelines under Section 7.5 of the Physician
10 Assistant Practice Act of 1987.
11 (Source: P.A. 85-796.)
12 Section 10. The Physician Assistant Practice Act of 1987
13 is amended by changing Sections 6, 7, and 21 and by adding
14 Section 7.5 as follows:
15 (225 ILCS 95/6) (from Ch. 111, par. 4606)
16 Sec. 6. Designation; billing. No physician assistant
17 shall use the title of doctor or associate with his name or
18 any other term which would indicate to other persons that he
19 is qualified to engage in the general practice of medicine.
20 A physician assistant shall not be allowed to bill patients
21 or in any way to charge for services. Nothing in this Act,
22 however, shall be so construed as to prevent the employer of
23 a physician assistant from charging for services rendered by
24 the physician assistant. Payment for services rendered by a
25 physician assistant shall be made to his or her employer if
26 the payor would have made payment had the services been
27 provided by a physician licensed to practice medicine in all
28 its branches. The supervising physician shall file with the
29 Department notice of employment, discharge or supervisory
30 control of a physician assistant at the time of employment,
31 discharge or assumption of supervisory control of a physician
32 assistant.
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1 (Source: P.A. 85-981.)
2 (225 ILCS 95/7) (from Ch. 111, par. 4607)
3 (Text of Section before amendment by P.A. 89-507)
4 Sec. 7. Supervision requirements. No more than 2 1
5 physician assistants assistant shall be supervised by the
6 supervising physician, although a physician assistant shall
7 be able to hold more than one professional position. Each
8 supervising physician shall file a notice of supervision of
9 such physician assistant according to the rules of the
10 Department. However, the alternate supervising physician may
11 supervise more than 2 1 physician assistants assistant when
12 the supervising physician is unable to provide such
13 supervision consistent with the definition of alternate
14 physician in Section 4. Physician assistants shall be
15 supervised only by physicians as defined in this Act who are
16 engaged in clinical practice, or in clinical practice in
17 public health or other community health facilities. Nothing
18 in this Act shall be construed to limit the delegation of
19 tasks or duties by a physician to a nurse or other
20 appropriately trained personnel. Nothing in this Act shall be
21 construed as to prohibit the employment of physician
22 assistants by a hospital, nursing home or other health care
23 facility where such physician assistants function under the
24 supervision of a supervising physician. Physician assistants
25 may be employed by the Department of Corrections, or the
26 Department of Mental Health and Developmental Disabilities
27 for service in facilities maintained by such Departments and
28 affiliated training facilities in programs conducted under
29 the authority of the Director of Corrections or the Director
30 of the Department of Mental Health and Developmental
31 Disabilities. Each physician assistant employed by the
32 Department of Corrections or the Department of Mental Health
33 and Developmental Disabilities shall be under the supervision
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1 of a physician engaged in clinical practice and direct
2 patient care. Duties of each physician assistant employed by
3 such Departments are limited to those within the scope of
4 practice of the supervising physician who is fully
5 responsible for all physician assistant activities.
6 (Source: P.A. 85-981.)
7 (Text of Section after amendment by P.A. 89-507)
8 Sec. 7. Supervision requirements. No more than 2 one
9 physician assistants assistant shall be supervised by the
10 supervising physician, although a physician assistant shall
11 be able to hold more than one professional position. Each
12 supervising physician shall file a notice of supervision of
13 such physician assistant according to the rules of the
14 Department. However, the alternate supervising physician may
15 supervise more than 2 one physician assistants assistant when
16 the supervising physician is unable to provide such
17 supervision consistent with the definition of alternate
18 physician in Section 4. Physician assistants shall be
19 supervised only by physicians as defined in this Act who are
20 engaged in clinical practice, or in clinical practice in
21 public health or other community health facilities. Nothing
22 in this Act shall be construed to limit the delegation of
23 tasks or duties by a physician to a nurse or other
24 appropriately trained personnel. Nothing in this Act shall be
25 construed to prohibit the employment of physician assistants
26 by a hospital, nursing home or other health care facility
27 where such physician assistants function under the
28 supervision of a supervising physician. Physician assistants
29 may be employed by the Department of Corrections or the
30 Department of Human Services (as successor to the Department
31 of Mental Health and Developmental Disabilities) for service
32 in facilities maintained by such Departments and affiliated
33 training facilities in programs conducted under the authority
34 of the Director of Corrections or the Secretary of Human
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1 Services. Each physician assistant employed by the
2 Department of Corrections or the Department of Human Services
3 (as successor to the Department of Mental Health and
4 Developmental Disabilities) shall be under the supervision of
5 a physician engaged in clinical practice and direct patient
6 care. Duties of each physician assistant employed by such
7 Departments are limited to those within the scope of practice
8 of the supervising physician who is fully responsible for all
9 physician assistant activities.
10 (Source: P.A. 89-507, eff. 7-1-97.)
11 (225 ILCS 95/7.5 new)
12 Sec. 7.5. Prescriptions. A supervising physician may
13 delegate limited prescriptive authority to a physician
14 assistant. This authority may, but is not required to,
15 include prescription of Schedule III, IV, or V controlled
16 substances, as defined in Article II of the Illinois
17 Controlled Substances Act, as delegated in the written
18 guidelines required by this Act. To prescribe Schedule III,
19 IV, or V controlled substances under this Section, a
20 physician assistant shall affix the supervising physician's
21 DEA number to, and individually sign, the appropriate
22 prescription form containing the printed names of the
23 physician assistant and supervising physician in accordance
24 with the written guidelines. Medication orders issued by a
25 physician assistant shall be reviewed periodically by the
26 supervising physician. The supervising physician shall file
27 with the Department notice of delegation of prescriptive
28 authority to a physician assistant and termination of
29 delegation, specifying the authority delegated or terminated.
30 Nothing in this Act shall be construed to limit the
31 delegation of tasks or duties by the supervising physician
32 to a nurse or other appropriately trained personnel.
33 The Department shall establish by rule the minimum
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1 requirements for written guidelines to be followed under this
2 Section.
3 (225 ILCS 95/21) (from Ch. 111, par. 4621)
4 Sec. 21. Grounds for Discipline.
5 (a) The Department may refuse to issue or to renew, or
6 may revoke, suspend, place on probation, censure or
7 reprimand, or take other disciplinary action with regard to
8 any license issued under this Act as the Department may deem
9 proper, including the issuance of fines not to exceed $5000
10 for each violation, for any one or combination of the
11 following causes:
12 (1) 1. Material misstatement in furnishing
13 information to the Department.;
14 (2) 2. Violations of this Act, or the rules
15 promulgated hereunder.;
16 (3) 3. Conviction of any crime under the laws of
17 any U.S. jurisdiction thereof which is a felony or which
18 is a misdemeanor, an essential element of which is
19 dishonesty, or of any crime which is directly related to
20 the practice of the profession.;
21 (4) 4. Making any misrepresentation for the purpose
22 of obtaining licenses.
23 (5) 5. Professional incompetence.;
24 (6) 6. Aiding or assisting another person in
25 violating any provision of this Act or Rules.;
26 (7) 7. Failing, within 60 days, to provide
27 information in response to a written request made by the
28 Department.;
29 (8) 8. Engaging in dishonorable, unethical or
30 unprofessional conduct of a character likely to deceive,
31 defraud or harm the public.;
32 (9) 9. Habitual or excessive use or addiction to
33 alcohol, narcotics, stimulants or any other chemical
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1 agent or drug which results in a physician assistants'
2 inability to practice with reasonable judgment, skill or
3 safety.;
4 (10) 10. Discipline by another U.S. jurisdiction or
5 foreign nation, if at least one of the grounds for a
6 discipline is the same or substantially equivalent to
7 those set forth herein.;
8 (11) 11. Directly or indirectly giving to or
9 receiving from any person, firm, corporation, partnership
10 or association any fee, commission, rebate or other form
11 of compensation for any professional services not
12 actually or personally rendered.;
13 (12) 12. A finding by the Disciplinary Board that
14 the licensee, after having his license placed on
15 probationary status has violated the terms of probation.;
16 (13) 13. Abandonment of a patient.;
17 (14) 14. Willfully making or filing false records
18 or reports in his practice, including but not limited to
19 false records filed with state agencies or departments.;
20 (15) 15. Willfully failing to report an instance of
21 suspected child abuse or neglect as required by the
22 Abused and Neglected Child Reporting Act.;
23 (16) 16. Physical illness, including but not
24 limited to, deterioration through the aging process, or
25 loss of motor skill which results in the inability to
26 practice the profession with reasonable judgment, skill
27 or safety.;
28 (17) 17. Being named as a perpetrator in an
29 indicated report by the Department of Children and Family
30 Services under the Abused and Neglected Child Reporting
31 Act, and upon proof by clear and convincing evidence that
32 the licensee has caused a child to be an abused child or
33 neglected child as defined in the Abused and Neglected
34 Child Reporting Act.;
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1 (18) 18. Conviction in this or another state of any
2 crime which is a felony under the laws of this State, or
3 conviction of a felony in a federal court.;
4 (19) 19. Gross malpractice resulting in permanent
5 injury or death of a patient.;
6 (20) 20. Employment of fraud, deception or any
7 unlawful means in applying for or securing a license as a
8 physician assistant.;
9 (21) 21. Exceeding the authority delegated to him
10 by his supervising physician in guidelines established by
11 the physician/physician assistant team.;
12 (22) 22. Immoral conduct in the commission of any
13 act, such as sexual abuse, sexual misconduct or sexual
14 exploitation, related to the licensee's practice.;
15 (23) 23. Violation of the Health Care Worker
16 Self-Referral Act.
17 (24) Practicing under a false or assumed name,
18 except as provided by law.
19 (25) Making a false or misleading statement
20 regarding his or her skill or the efficacy or value of
21 the medicine, treatment, or remedy prescribed by him or
22 her in the course of treatment.
23 (26) Allowing another person to use his or her
24 license to practice.
25 (27) Prescribing, selling, administering,
26 distributing, giving, or self-administering a drug
27 classified as a controlled substance (designated product)
28 or narcotic for other than medically-accepted therapeutic
29 purposes.
30 (28) Promotion of the sale of drugs, devices,
31 appliances, or goods provided for a patient in a manner
32 to exploit the patient for financial gain.
33 (29) A pattern of practice or other behavior that
34 demonstrates incapacity or incompetence to practice under
SB372 Enrolled -19- LRB9002910DPcc
1 this Act.
2 (30) Violating State or federal laws or regulations
3 relating to controlled substances.
4 (31) Exceeding the limited prescriptive authority
5 delegated by the supervising physician or violating the
6 written guidelines delegating that authority.
7 (32) Practicing without providing to the Department
8 a notice of supervision or delegation of prescriptive
9 authority.
10 (b) The Department may refuse to issue or may suspend
11 the license of any person who fails to file a return, or to
12 pay the tax, penalty or interest shown in a filed return, or
13 to pay any final assessment of the tax, penalty, or interest
14 as required by any tax Act administered by the Illinois
15 Department of Revenue, until such time as the requirements of
16 any such tax Act are satisfied.
17 (c) The determination by a circuit court that a licensee
18 is subject to involuntary admission or judicial admission as
19 provided in the Mental Health and Developmental Disabilities
20 Code operates as an automatic suspension. Such suspension
21 will end only upon a finding by a court that the patient is
22 no longer subject to involuntary admission or judicial
23 admission and issues an order so finding and discharging the
24 patient; and upon the recommendation of the Disciplinary
25 Board to the Director that the licensee be allowed to resume
26 his practice.
27 (Source: P.A. 87-1207.)
28 Section 15. The Illinois Clinical Laboratory and Blood
29 Bank Act is amended by changing Section 7-101 as follows:
30 (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
31 Sec. 7-101. Examination of specimens. A clinical
32 laboratory shall examine specimens only at the request of a
SB372 Enrolled -20- LRB9002910DPcc
1 licensed physician, licensed dentist, licensed podiatrist,
2 licensed physician assistant in accordance with the written
3 guidelines required under subdivision (3) of Section 4 and
4 under Section 7.5 of the Physician Assistant Practice Act of
5 1987, or authorized law enforcement agency, or, in the case
6 of blood alcohol, at the request of the individual for whom
7 the test is to be performed in compliance with Sections
8 11-501 and 11-501.1 of the Illinois Vehicle Code. If the
9 request to a laboratory is oral, the physician or other
10 authorized person shall submit a written request to the
11 laboratory within 48 hours. If the laboratory does not
12 receive the written request within that period, it shall note
13 that fact in its records.
14 (Source: P.A. 87-1269.)
15 Section 20. The Abused and Neglected Child Reporting Act
16 is amended by changing Section 4 as follows:
17 (325 ILCS 5/4) (from Ch. 23, par. 2054)
18 (Text of Section before amendment by P.A. 89-507)
19 Sec. 4. Any physician, resident, intern, hospital,
20 hospital administrator and personnel engaged in examination,
21 care and treatment of persons, surgeon, dentist, dentist
22 hygienist, osteopath, chiropractor, podiatrist, physician
23 assistant, substance abuse treatment personnel, Christian
24 Science practitioner, funeral home director or employee,
25 coroner, medical examiner, emergency medical technician,
26 acupuncturist, crisis line or hotline personnel, school
27 personnel, educational advocate assigned to a child pursuant
28 to the School Code, truant officers, social worker, social
29 services administrator, domestic violence program personnel,
30 registered nurse, licensed practical nurse, director or staff
31 assistant of a nursery school or a child day care center,
32 recreational program or facility personnel, law enforcement
SB372 Enrolled -21- LRB9002910DPcc
1 officer, registered psychologist and assistants working
2 under the direct supervision of a psychologist, psychiatrist,
3 or field personnel of the Illinois Department of Public Aid,
4 Public Health, Mental Health and Developmental Disabilities,
5 Corrections, Human Rights, Rehabilitation Services, or
6 Children and Family Services, supervisor and administrator of
7 general assistance under the Illinois Public Aid Code,
8 probation officer, or any other foster parent, homemaker or
9 child care worker having reasonable cause to believe a child
10 known to them in their professional or official capacity may
11 be an abused child or a neglected child shall immediately
12 report or cause a report to be made to the Department.
13 Whenever such person is required to report under this Act in
14 his capacity as a member of the staff of a medical or other
15 public or private institution, school, facility or agency, he
16 shall make report immediately to the Department in accordance
17 with the provisions of this Act and may also notify the
18 person in charge of such institution, school, facility or
19 agency or his designated agent that such report has been
20 made. Under no circumstances shall any person in charge of
21 such institution, school, facility or agency, or his
22 designated agent to whom such notification has been made,
23 exercise any control, restraint, modification or other change
24 in the report or the forwarding of such report to the
25 Department. The privileged quality of communication between
26 any professional person required to report and his patient or
27 client shall not apply to situations involving abused or
28 neglected children and shall not constitute grounds for
29 failure to report as required by this Act. In addition to
30 the above persons required to report suspected cases of
31 abused or neglected children, any other person may make a
32 report if such person has reasonable cause to believe a child
33 may be an abused child or a neglected child. Any person who
34 enters into employment on and after July 1, 1986 and is
SB372 Enrolled -22- LRB9002910DPcc
1 mandated by virtue of that employment to report under this
2 Act, shall sign a statement on a form prescribed by the
3 Department, to the effect that the employee has knowledge and
4 understanding of the reporting requirements of this Act. The
5 statement shall be signed prior to commencement of the
6 employment. The signed statement shall be retained by the
7 employer. The cost of printing, distribution, and filing of
8 the statement shall be borne by the employer. The Department
9 shall provide copies of this Act, upon request, to all
10 employers employing persons who shall be required under the
11 provisions of this Section to report under this Act.
12 Any person who knowingly transmits a false report to the
13 Department commits the offense of disorderly conduct under
14 subsection (a)(7) of Section 26-1 of the "Criminal Code of
15 1961". Any person who violates this provision a second or
16 subsequent time shall be guilty of a Class 4 felony.
17 Any person who knowingly and willfully violates any
18 provision of this Section other than a second or subsequent
19 violation of transmitting a false report as described in the
20 preceding paragraph, shall be guilty of a Class A
21 misdemeanor.
22 A child whose parent, guardian or custodian in good faith
23 selects and depends upon spiritual means through prayer
24 alone for the treatment or cure of disease or remedial care
25 may be considered neglected or abused, but not for the sole
26 reason that his parent, guardian or custodian accepts and
27 practices such beliefs.
28 A child shall not be considered neglected or abused
29 solely because the child is not attending school in
30 accordance with the requirements of Article 26 of the School
31 Code, as amended.
32 (Source: P.A. 89-363, eff. 1-1-96; 89-706, eff. 1-31-97.)
33 (Text of Section after amendment by P.A. 89-507)
34 Sec. 4. Any physician, resident, intern, hospital,
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1 hospital administrator and personnel engaged in examination,
2 care and treatment of persons, surgeon, dentist, dentist
3 hygienist, osteopath, chiropractor, podiatrist, physician
4 assistant, substance abuse treatment personnel, Christian
5 Science practitioner, funeral home director or employee,
6 coroner, medical examiner, emergency medical technician,
7 acupuncturist, crisis line or hotline personnel, school
8 personnel, educational advocate assigned to a child pursuant
9 to the School Code, truant officers, social worker, social
10 services administrator, domestic violence program personnel,
11 registered nurse, licensed practical nurse, director or staff
12 assistant of a nursery school or a child day care center,
13 recreational program or facility personnel, law enforcement
14 officer, registered psychologist and assistants working
15 under the direct supervision of a psychologist, psychiatrist,
16 or field personnel of the Illinois Department of Public Aid,
17 Public Health, Human Services (acting as successor to the
18 Department of Mental Health and Developmental Disabilities,
19 Rehabilitation Services, or Public Aid), Corrections, Human
20 Rights, or Children and Family Services, supervisor and
21 administrator of general assistance under the Illinois Public
22 Aid Code, probation officer, or any other foster parent,
23 homemaker or child care worker having reasonable cause to
24 believe a child known to them in their professional or
25 official capacity may be an abused child or a neglected child
26 shall immediately report or cause a report to be made to the
27 Department. Whenever such person is required to report under
28 this Act in his capacity as a member of the staff of a
29 medical or other public or private institution, school,
30 facility or agency, he shall make report immediately to the
31 Department in accordance with the provisions of this Act and
32 may also notify the person in charge of such institution,
33 school, facility or agency or his designated agent that such
34 report has been made. Under no circumstances shall any
SB372 Enrolled -24- LRB9002910DPcc
1 person in charge of such institution, school, facility or
2 agency, or his designated agent to whom such notification has
3 been made, exercise any control, restraint, modification or
4 other change in the report or the forwarding of such report
5 to the Department. The privileged quality of communication
6 between any professional person required to report and his
7 patient or client shall not apply to situations involving
8 abused or neglected children and shall not constitute grounds
9 for failure to report as required by this Act. In addition
10 to the above persons required to report suspected cases of
11 abused or neglected children, any other person may make a
12 report if such person has reasonable cause to believe a child
13 may be an abused child or a neglected child. Any person who
14 enters into employment on and after July 1, 1986 and is
15 mandated by virtue of that employment to report under this
16 Act, shall sign a statement on a form prescribed by the
17 Department, to the effect that the employee has knowledge and
18 understanding of the reporting requirements of this Act. The
19 statement shall be signed prior to commencement of the
20 employment. The signed statement shall be retained by the
21 employer. The cost of printing, distribution, and filing of
22 the statement shall be borne by the employer. The Department
23 shall provide copies of this Act, upon request, to all
24 employers employing persons who shall be required under the
25 provisions of this Section to report under this Act.
26 Any person who knowingly transmits a false report to the
27 Department commits the offense of disorderly conduct under
28 subsection (a)(7) of Section 26-1 of the "Criminal Code of
29 1961". Any person who violates this provision a second or
30 subsequent time shall be guilty of a Class 4 felony.
31 Any person who knowingly and willfully violates any
32 provision of this Section other than a second or subsequent
33 violation of transmitting a false report as described in the
34 preceding paragraph, shall be guilty of a Class A
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1 misdemeanor.
2 A child whose parent, guardian or custodian in good faith
3 selects and depends upon spiritual means through prayer
4 alone for the treatment or cure of disease or remedial care
5 may be considered neglected or abused, but not for the sole
6 reason that his parent, guardian or custodian accepts and
7 practices such beliefs.
8 A child shall not be considered neglected or abused
9 solely because the child is not attending school in
10 accordance with the requirements of Article 26 of the School
11 Code, as amended.
12 (Source: P.A. 89-363, eff. 1-1-96; 89-507, eff. 7-1-97;
13 89-706, eff. 1-31-97.)
14 Section 25. The Illinois Controlled Substances Act is
15 amended by changing Section 102 as follows:
16 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
17 (Text of Section before amendment by P.A. 89-507)
18 Sec. 102. As used in this Act, unless the context
19 otherwise requires:
20 (a) "Addict" means any person who habitually uses any
21 drug, chemical, substance or dangerous drug other than
22 alcohol so as to endanger the public morals, health, safety
23 or welfare or who is so far addicted to the use of a
24 dangerous drug or controlled substance other than alcohol as
25 to have lost the power of self control with reference to his
26 addiction.
27 (b) "Administer" means the direct application of a
28 controlled substance, whether by injection, inhalation,
29 ingestion, or any other means, to the body of a patient or
30 research subject by:
31 (1) a practitioner (or, in his presence, by his
32 authorized agent), or
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1 (2) the patient or research subject at the lawful
2 direction of the practitioner.
3 (c) "Agent" means an authorized person who acts on
4 behalf of or at the direction of a manufacturer, distributor,
5 or dispenser. It does not include a common or contract
6 carrier, public warehouseman or employee of the carrier or
7 warehouseman.
8 (c-1) "Anabolic Steroids" means any drug or hormonal
9 substance, chemically and pharmacologically related to
10 testosterone (other than estrogens, progestins, and
11 corticosteroids) that promotes muscle growth, and includes:
12 (i) boldenone,
13 (ii) chlorotestosterone,
14 (iii) chostebol,
15 (iv) dehydrochlormethyltestosterone,
16 (v) dihydrotestosterone,
17 (vi) drostanolone,
18 (vii) ethylestrenol,
19 (viii) fluoxymesterone,
20 (ix) formebulone,
21 (x) mesterolone,
22 (xi) methandienone,
23 (xii) methandranone,
24 (xiii) methandriol,
25 (xiv) methandrostenolone,
26 (xv) methenolone,
27 (xvi) methyltestosterone,
28 (xvii) mibolerone,
29 (xviii) nandrolone,
30 (xix) norethandrolone,
31 (xx) oxandrolone,
32 (xxi) oxymesterone,
33 (xxii) oxymetholone,
34 (xxiii) stanolone,
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1 (xxiv) stanozolol,
2 (xxv) testolactone,
3 (xxvi) testosterone,
4 (xxvii) trenbolone, and
5 (xxviii) any salt, ester, or isomer of a drug
6 or substance described or listed in this paragraph,
7 if that salt, ester, or isomer promotes muscle
8 growth.
9 Any person who is otherwise lawfully in possession of an
10 anabolic steroid, or who otherwise lawfully manufactures,
11 distributes, dispenses, delivers, or possesses with intent to
12 deliver an anabolic steroid, which anabolic steroid is
13 expressly intended for and lawfully allowed to be
14 administered through implants to livestock or other nonhuman
15 species, and which is approved by the Secretary of Health and
16 Human Services for such administration, and which the person
17 intends to administer or have administered through such
18 implants, shall not be considered to be in unauthorized
19 possession or to unlawfully manufacture, distribute,
20 dispense, deliver, or possess with intent to deliver such
21 anabolic steroid for purposes of this Act.
22 (d) "Administration" means the Drug Enforcement
23 Administration, United States Department of Justice, or its
24 successor agency.
25 (e) "Control" means to add a drug or other substance, or
26 immediate precursor, to a Schedule under Article II of this
27 Act whether by transfer from another Schedule or otherwise.
28 (f) "Controlled Substance" means a drug, substance, or
29 immediate precursor in the Schedules of Article II of this
30 Act.
31 (g) "Counterfeit substance" means a controlled
32 substance, which, or the container or labeling of which,
33 without authorization bears the trademark, trade name, or
34 other identifying mark, imprint, number or device, or any
SB372 Enrolled -28- LRB9002910DPcc
1 likeness thereof, of a manufacturer, distributor, or
2 dispenser other than the person who in fact manufactured,
3 distributed, or dispensed the substance.
4 (h) "Deliver" or "delivery" means the actual,
5 constructive or attempted transfer of possession of a
6 controlled substance, with or without consideration, whether
7 or not there is an agency relationship.
8 (i) "Department" means the Illinois Department of
9 Alcoholism and Substance Abuse of the State of Illinois or
10 its successor agency.
11 (j) "Department of State Police" means the Department of
12 State Police of the State of Illinois or its successor
13 agency.
14 (k) "Department of Corrections" means the Department of
15 Corrections of the State of Illinois or its successor agency.
16 (l) "Department of Professional Regulation" means the
17 Department of Professional Regulation of the State of
18 Illinois or its successor agency.
19 (m) "Depressant" or "stimulant substance" means:
20 (1) a drug which contains any quantity of (i)
21 barbituric acid or any of the salts of barbituric acid
22 which has been designated as habit forming under section
23 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
24 U.S.C. 352 (d)); or
25 (2) a drug which contains any quantity of (i)
26 amphetamine or methamphetamine and any of their optical
27 isomers; (ii) any salt of amphetamine or methamphetamine
28 or any salt of an optical isomer of amphetamine; or (iii)
29 any substance which the Department, after investigation,
30 has found to be, and by rule designated as, habit forming
31 because of its depressant or stimulant effect on the
32 central nervous system; or
33 (3) lysergic acid diethylamide; or
34 (4) any drug which contains any quantity of a
SB372 Enrolled -29- LRB9002910DPcc
1 substance which the Department, after investigation, has
2 found to have, and by rule designated as having, a
3 potential for abuse because of its depressant or
4 stimulant effect on the central nervous system or its
5 hallucinogenic effect.
6 (n) "Designated product" means any narcotic drug,
7 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
8 pentazocine or cannabis product listed in Schedule II and
9 also means a controlled substance listed in Schedule II which
10 is determined and designated by the Department or its
11 successor agency to be such a product. A designated product
12 shall only be dispensed upon an official prescription blank.
13 (o) "Director" means the Director of the Department of
14 State Police or the Department of Professional Regulation or
15 his designated agents.
16 (p) "Dispense" means to deliver a controlled substance
17 to an ultimate user or research subject by or pursuant to the
18 lawful order of a prescriber, including the prescribing,
19 administering, packaging, labeling, or compounding necessary
20 to prepare the substance for that delivery.
21 (q) "Dispenser" means a practitioner who dispenses.
22 (r) "Distribute" means to deliver, other than by
23 administering or dispensing, a controlled substance.
24 (s) "Distributor" means a person who distributes.
25 (t) "Drug" means (1) substances recognized as drugs in
26 the official United States Pharmacopoeia, Official
27 Homeopathic Pharmacopoeia of the United States, or official
28 National Formulary, or any supplement to any of them; (2)
29 substances intended for use in diagnosis, cure, mitigation,
30 treatment, or prevention of disease in man or animals; (3)
31 substances (other than food) intended to affect the structure
32 of any function of the body of man or animals and (4)
33 substances intended for use as a component of any article
34 specified in clause (1), (2), or (3) of this subsection. It
SB372 Enrolled -30- LRB9002910DPcc
1 does not include devices or their components, parts, or
2 accessories.
3 (u) "Good faith" means the prescribing or dispensing of
4 a controlled substance by a practitioner in the regular
5 course of professional treatment to or for any person who is
6 under his treatment for a pathology or condition other than
7 that individual's physical or psychological dependence upon
8 or addiction to a controlled substance, except as provided
9 herein: and application of the term to a pharmacist shall
10 mean the dispensing of a controlled substance pursuant to the
11 prescriber's order which in the professional judgment of the
12 pharmacist is lawful. The pharmacist shall be guided by
13 accepted professional standards including, but not limited to
14 the following, in making the judgment:
15 (1) lack of consistency of doctor-patient
16 relationship,
17 (2) frequency of prescriptions for same drug by one
18 prescriber for large numbers of patients,
19 (3) quantities beyond those normally prescribed,
20 (4) unusual dosages,
21 (5) unusual geographic distances between patient,
22 pharmacist and prescriber,
23 (6) consistent prescribing of habit-forming drugs.
24 (u-1) "Home infusion services" means services provided
25 by a pharmacy in compounding solutions for direct
26 administration to a patient in a private residence, long-term
27 care facility, or hospice setting by means of parenteral,
28 intravenous, intramuscular, subcutaneous, or intraspinal
29 infusion.
30 (v) "Immediate precursor" means a substance:
31 (1) which the Department has found to be and by
32 rule designated as being a principal compound used, or
33 produced primarily for use, in the manufacture of a
34 controlled substance;
SB372 Enrolled -31- LRB9002910DPcc
1 (2) which is an immediate chemical intermediary
2 used or likely to be used in the manufacture of such
3 controlled substance; and
4 (3) the control of which is necessary to prevent,
5 curtail or limit the manufacture of such controlled
6 substance.
7 (w) "Instructional activities" means the acts of
8 teaching, educating or instructing by practitioners using
9 controlled substances within educational facilities approved
10 by the State Board of Education or its successor agency.
11 (x) "Local authorities" means a duly organized State,
12 County or Municipal peace unit or police force.
13 (y) "Look-alike substance" means a substance, other than
14 a controlled substance which (1) by overall dosage unit
15 appearance, including shape, color, size, markings or lack
16 thereof, taste, consistency, or any other identifying
17 physical characteristic of the substance, would lead a
18 reasonable person to believe that the substance is a
19 controlled substance, or (2) is expressly or impliedly
20 represented to be a controlled substance or is distributed
21 under circumstances which would lead a reasonable person to
22 believe that the substance is a controlled substance. For the
23 purpose of determining whether the representations made or
24 the circumstances of the distribution would lead a reasonable
25 person to believe the substance to be a controlled substance
26 under this clause (2) of subsection (y), the court or other
27 authority may consider the following factors in addition to
28 any other factor that may be relevant:
29 (a) statements made by the owner or person in
30 control of the substance concerning its nature, use or
31 effect;
32 (b) statements made to the buyer or recipient that
33 the substance may be resold for profit;
34 (c) whether the substance is packaged in a manner
SB372 Enrolled -32- LRB9002910DPcc
1 normally used for the illegal distribution of controlled
2 substances;
3 (d) whether the distribution or attempted
4 distribution included an exchange of or demand for money
5 or other property as consideration, and whether the
6 amount of the consideration was substantially greater
7 than the reasonable retail market value of the substance.
8 Clause (1) of this subsection (y) shall not apply to a
9 noncontrolled substance in its finished dosage form that was
10 initially introduced into commerce prior to the initial
11 introduction into commerce of a controlled substance in its
12 finished dosage form which it may substantially resemble.
13 Nothing in this subsection (y) prohibits the dispensing
14 or distributing of noncontrolled substances by persons
15 authorized to dispense and distribute controlled substances
16 under this Act, provided that such action would be deemed to
17 be carried out in good faith under subsection (u) if the
18 substances involved were controlled substances.
19 Nothing in this subsection (y) or in this Act prohibits
20 the manufacture, preparation, propagation, compounding,
21 processing, packaging, advertising or distribution of a drug
22 or drugs by any person registered pursuant to Section 510 of
23 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
24 (y-1) "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 (z) "Manufacture" means the production, preparation,
30 propagation, compounding, conversion or processing of a
31 controlled substance, either directly or indirectly, by
32 extraction from substances of natural origin, or
33 independently by means of chemical synthesis, or by a
34 combination of extraction and chemical synthesis, and
SB372 Enrolled -33- LRB9002910DPcc
1 includes any packaging or repackaging of the substance or
2 labeling of its container, except that this term does not
3 include:
4 (1) by an ultimate user, the preparation or
5 compounding of a controlled substance for his own use; or
6 (2) by a practitioner, or his authorized agent
7 under his supervision, the preparation, compounding,
8 packaging, or labeling of a controlled substance:
9 (a) as an incident to his administering or
10 dispensing of a controlled substance in the course
11 of his professional practice; or
12 (b) as an incident to lawful research,
13 teaching or chemical analysis and not for sale.
14 (aa) "Narcotic drug" means any of the following, whether
15 produced directly or indirectly by extraction from substances
16 of natural origin, or independently by means of chemical
17 synthesis, or by a combination of extraction and chemical
18 synthesis:
19 (1) opium and opiate, and any salt, compound,
20 derivative, or preparation of opium or opiate;
21 (2) any salt, compound, isomer, derivative, or
22 preparation thereof which is chemically equivalent or
23 identical with any of the substances referred to in
24 clause (1), but not including the isoquinoline alkaloids
25 of opium;
26 (3) opium poppy and poppy straw;
27 (4) coca leaves and any salts, compound, isomer,
28 salt of an isomer, derivative, or preparation of coca
29 leaves including cocaine or ecgonine, and any salt,
30 compound, isomer, derivative, or preparation thereof
31 which is chemically equivalent or identical with any of
32 these substances, but not including decocainized coca
33 leaves or extractions of coca leaves which do not contain
34 cocaine or ecgonine (for the purpose of this paragraph,
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1 the term "isomer" includes optical, positional and
2 geometric isomers).
3 (bb) "Nurse" means a registered nurse licensed under the
4 Illinois Nursing Act of 1987.
5 (cc) "Official prescription blanks" means the triplicate
6 prescription forms supplied to prescribers by the Department
7 for prescribing Schedule II Designated Product controlled
8 substances.
9 (dd) "Opiate" means any substance having an addiction
10 forming or addiction sustaining liability similar to morphine
11 or being capable of conversion into a drug having addiction
12 forming or addiction sustaining liability.
13 (ee) "Opium poppy" means the plant of the species
14 Papaver somniferum L., except its seeds.
15 (ff) "Parole and Pardon Board" means the Parole and
16 Pardon Board of the State of Illinois or its successor
17 agency.
18 (gg) "Person" means any individual, corporation,
19 mail-order pharmacy, government or governmental subdivision
20 or agency, business trust, estate, trust, partnership or
21 association, or any other entity.
22 (hh) "Pharmacist" means any person who holds a
23 certificate of registration as a registered pharmacist, a
24 local registered pharmacist or a registered assistant
25 pharmacist under the Pharmacy Practice Act of 1987.
26 (ii) "Pharmacy" means any store, ship or other place in
27 which pharmacy is authorized to be practiced under the
28 Pharmacy Practice Act of 1987.
29 (jj) "Poppy straw" means all parts, except the seeds, of
30 the opium poppy, after mowing.
31 (kk) "Practitioner" means a physician licensed to
32 practice medicine in all its branches, dentist, podiatrist,
33 veterinarian, scientific investigator, pharmacist, physician
34 assistant, licensed practical nurse, registered nurse,
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1 hospital, laboratory, or pharmacy, or other person licensed,
2 registered, or otherwise lawfully permitted by the United
3 States or this State to distribute, dispense, conduct
4 research with respect to, administer or use in teaching or
5 chemical analysis, a controlled substance in the course of
6 professional practice or research.
7 (ll) "Pre-printed prescription" means a written
8 prescription upon which the designated drug has been
9 indicated prior to the time of issuance.
10 (mm) "Prescriber" means a physician licensed to practice
11 medicine in all its branches, dentist, podiatrist or
12 veterinarian who issues a prescription or a physician
13 assistant who issues a prescription for a Schedule III, IV,
14 or V controlled substance as delegated by a physician
15 licensed to practice medicine in all its branches in
16 accordance with the written guidelines required under Section
17 7.5 of the Physician Assistant Practice Act of 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 (oo) "Production" or "produce" means manufacture,
27 planting, cultivating, growing, or harvesting of a controlled
28 substance.
29 (pp) "Registrant" means every person who is required to
30 register under Section 302 of this Act.
31 (qq) "Registry number" means the number assigned to each
32 person authorized to handle controlled substances under the
33 laws of the United States and of this State.
34 (rr) "State" includes the State of Illinois and any
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1 state, district, commonwealth, territory, insular possession
2 thereof, and any area subject to the legal authority of the
3 United States of America.
4 (ss) "Ultimate user" means a person who lawfully
5 possesses a controlled substance for his own use or for the
6 use of a member of his household or for administering to an
7 animal owned by him or by a member of his household.
8 (Source: P.A. 89-202, eff. 10-1-95.)
9 (Text of Section after amendment by P.A. 89-507)
10 Sec. 102. As used in this Act, unless the context
11 otherwise requires:
12 (a) "Addict" means any person who habitually uses any
13 drug, chemical, substance or dangerous drug other than
14 alcohol so as to endanger the public morals, health, safety
15 or welfare or who is so far addicted to the use of a
16 dangerous drug or controlled substance other than alcohol as
17 to have lost the power of self control with reference to his
18 addiction.
19 (b) "Administer" means the direct application of a
20 controlled substance, whether by injection, inhalation,
21 ingestion, or any other means, to the body of a patient or
22 research subject by:
23 (1) a practitioner (or, in his presence, by his
24 authorized agent), or
25 (2) the patient or research subject at the lawful
26 direction of the practitioner.
27 (c) "Agent" means an authorized person who acts on
28 behalf of or at the direction of a manufacturer, distributor,
29 or dispenser. It does not include a common or contract
30 carrier, public warehouseman or employee of the carrier or
31 warehouseman.
32 (c-1) "Anabolic Steroids" means any drug or hormonal
33 substance, chemically and pharmacologically related to
34 testosterone (other than estrogens, progestins, and
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1 corticosteroids) that promotes muscle growth, and includes:
2 (i) boldenone,
3 (ii) chlorotestosterone,
4 (iii) chostebol,
5 (iv) dehydrochlormethyltestosterone,
6 (v) dihydrotestosterone,
7 (vi) drostanolone,
8 (vii) ethylestrenol,
9 (viii) fluoxymesterone,
10 (ix) formebulone,
11 (x) mesterolone,
12 (xi) methandienone,
13 (xii) methandranone,
14 (xiii) methandriol,
15 (xiv) methandrostenolone,
16 (xv) methenolone,
17 (xvi) methyltestosterone,
18 (xvii) mibolerone,
19 (xviii) nandrolone,
20 (xix) norethandrolone,
21 (xx) oxandrolone,
22 (xxi) oxymesterone,
23 (xxii) oxymetholone,
24 (xxiii) stanolone,
25 (xxiv) stanozolol,
26 (xxv) testolactone,
27 (xxvi) testosterone,
28 (xxvii) trenbolone, and
29 (xxviii) any salt, ester, or isomer of a drug
30 or substance described or listed in this paragraph,
31 if that salt, ester, or isomer promotes muscle
32 growth.
33 Any person who is otherwise lawfully in possession of an
34 anabolic steroid, or who otherwise lawfully manufactures,
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1 distributes, dispenses, delivers, or possesses with intent to
2 deliver an anabolic steroid, which anabolic steroid is
3 expressly intended for and lawfully allowed to be
4 administered through implants to livestock or other nonhuman
5 species, and which is approved by the Secretary of Health and
6 Human Services for such administration, and which the person
7 intends to administer or have administered through such
8 implants, shall not be considered to be in unauthorized
9 possession or to unlawfully manufacture, distribute,
10 dispense, deliver, or possess with intent to deliver such
11 anabolic steroid for purposes of this Act.
12 (d) "Administration" means the Drug Enforcement
13 Administration, United States Department of Justice, or its
14 successor agency.
15 (e) "Control" means to add a drug or other substance, or
16 immediate precursor, to a Schedule under Article II of this
17 Act whether by transfer from another Schedule or otherwise.
18 (f) "Controlled Substance" means a drug, substance, or
19 immediate precursor in the Schedules of Article II of this
20 Act.
21 (g) "Counterfeit substance" means a controlled
22 substance, which, or the container or labeling of which,
23 without authorization bears the trademark, trade name, or
24 other identifying mark, imprint, number or device, or any
25 likeness thereof, of a manufacturer, distributor, or
26 dispenser other than the person who in fact manufactured,
27 distributed, or dispensed the substance.
28 (h) "Deliver" or "delivery" means the actual,
29 constructive or attempted transfer of possession of a
30 controlled substance, with or without consideration, whether
31 or not there is an agency relationship.
32 (i) "Department" means the Illinois Department of Human
33 Services (as successor to the Department of Alcoholism and
34 Substance Abuse) or its successor agency.
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1 (j) "Department of State Police" means the Department of
2 State Police of the State of Illinois or its successor
3 agency.
4 (k) "Department of Corrections" means the Department of
5 Corrections of the State of Illinois or its successor agency.
6 (l) "Department of Professional Regulation" means the
7 Department of Professional Regulation of the State of
8 Illinois or its successor agency.
9 (m) "Depressant" or "stimulant substance" means:
10 (1) a drug which contains any quantity of (i)
11 barbituric acid or any of the salts of barbituric acid
12 which has been designated as habit forming under section
13 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
14 U.S.C. 352 (d)); or
15 (2) a drug which contains any quantity of (i)
16 amphetamine or methamphetamine and any of their optical
17 isomers; (ii) any salt of amphetamine or methamphetamine
18 or any salt of an optical isomer of amphetamine; or (iii)
19 any substance which the Department, after investigation,
20 has found to be, and by rule designated as, habit forming
21 because of its depressant or stimulant effect on the
22 central nervous system; or
23 (3) lysergic acid diethylamide; or
24 (4) any drug which contains any quantity of a
25 substance which the Department, after investigation, has
26 found to have, and by rule designated as having, a
27 potential for abuse because of its depressant or
28 stimulant effect on the central nervous system or its
29 hallucinogenic effect.
30 (n) "Designated product" means any narcotic drug,
31 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
32 pentazocine or cannabis product listed in Schedule II and
33 also means a controlled substance listed in Schedule II which
34 is determined and designated by the Department or its
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1 successor agency to be such a product. A designated product
2 shall only be dispensed upon an official prescription blank.
3 (o) "Director" means the Director of the Department of
4 State Police or the Department of Professional Regulation or
5 his designated agents.
6 (p) "Dispense" means to deliver a controlled substance
7 to an ultimate user or research subject by or pursuant to the
8 lawful order of a prescriber, including the prescribing,
9 administering, packaging, labeling, or compounding necessary
10 to prepare the substance for that delivery.
11 (q) "Dispenser" means a practitioner who dispenses.
12 (r) "Distribute" means to deliver, other than by
13 administering or dispensing, a controlled substance.
14 (s) "Distributor" means a person who distributes.
15 (t) "Drug" means (1) substances recognized as drugs in
16 the official United States Pharmacopoeia, Official
17 Homeopathic Pharmacopoeia of the United States, or official
18 National Formulary, or any supplement to any of them; (2)
19 substances intended for use in diagnosis, cure, mitigation,
20 treatment, or prevention of disease in man or animals; (3)
21 substances (other than food) intended to affect the structure
22 of any function of the body of man or animals and (4)
23 substances intended for use as a component of any article
24 specified in clause (1), (2), or (3) of this subsection. It
25 does not include devices or their components, parts, or
26 accessories.
27 (u) "Good faith" means the prescribing or dispensing of
28 a controlled substance by a practitioner in the regular
29 course of professional treatment to or for any person who is
30 under his treatment for a pathology or condition other than
31 that individual's physical or psychological dependence upon
32 or addiction to a controlled substance, except as provided
33 herein: and application of the term to a pharmacist shall
34 mean the dispensing of a controlled substance pursuant to the
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1 prescriber's order which in the professional judgment of the
2 pharmacist is lawful. The pharmacist shall be guided by
3 accepted professional standards including, but not limited to
4 the following, in making the judgment:
5 (1) lack of consistency of doctor-patient
6 relationship,
7 (2) frequency of prescriptions for same drug by one
8 prescriber for large numbers of patients,
9 (3) quantities beyond those normally prescribed,
10 (4) unusual dosages,
11 (5) unusual geographic distances between patient,
12 pharmacist and prescriber,
13 (6) consistent prescribing of habit-forming drugs.
14 (u-1) "Home infusion services" means services provided
15 by a pharmacy in compounding solutions for direct
16 administration to a patient in a private residence, long-term
17 care facility, or hospice setting by means of parenteral,
18 intravenous, intramuscular, subcutaneous, or intraspinal
19 infusion.
20 (v) "Immediate precursor" means a substance:
21 (1) which the Department has found to be and by
22 rule designated as being a principal compound used, or
23 produced primarily for use, in the manufacture of a
24 controlled substance;
25 (2) which is an immediate chemical intermediary
26 used or likely to be used in the manufacture of such
27 controlled substance; and
28 (3) the control of which is necessary to prevent,
29 curtail or limit the manufacture of such controlled
30 substance.
31 (w) "Instructional activities" means the acts of
32 teaching, educating or instructing by practitioners using
33 controlled substances within educational facilities approved
34 by the State Board of Education or its successor agency.
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1 (x) "Local authorities" means a duly organized State,
2 County or Municipal peace unit or police force.
3 (y) "Look-alike substance" means a substance, other than
4 a controlled substance which (1) by overall dosage unit
5 appearance, including shape, color, size, markings or lack
6 thereof, taste, consistency, or any other identifying
7 physical characteristic of the substance, would lead a
8 reasonable person to believe that the substance is a
9 controlled substance, or (2) is expressly or impliedly
10 represented to be a controlled substance or is distributed
11 under circumstances which would lead a reasonable person to
12 believe that the substance is a controlled substance. For the
13 purpose of determining whether the representations made or
14 the circumstances of the distribution would lead a reasonable
15 person to believe the substance to be a controlled substance
16 under this clause (2) of subsection (y), the court or other
17 authority may consider the following factors in addition to
18 any other factor that may be relevant:
19 (a) statements made by the owner or person in
20 control of the substance concerning its nature, use or
21 effect;
22 (b) statements made to the buyer or recipient that
23 the substance may be resold for profit;
24 (c) whether the substance is packaged in a manner
25 normally used for the illegal distribution of controlled
26 substances;
27 (d) whether the distribution or attempted
28 distribution included an exchange of or demand for money
29 or other property as consideration, and whether the
30 amount of the consideration was substantially greater
31 than the reasonable retail market value of the substance.
32 Clause (1) of this subsection (y) shall not apply to a
33 noncontrolled substance in its finished dosage form that was
34 initially introduced into commerce prior to the initial
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1 introduction into commerce of a controlled substance in its
2 finished dosage form which it may substantially resemble.
3 Nothing in this subsection (y) prohibits the dispensing
4 or distributing of noncontrolled substances by persons
5 authorized to dispense and distribute controlled substances
6 under this Act, provided that such action would be deemed to
7 be carried out in good faith under subsection (u) if the
8 substances involved were controlled substances.
9 Nothing in this subsection (y) or in this Act prohibits
10 the manufacture, preparation, propagation, compounding,
11 processing, packaging, advertising or distribution of a drug
12 or drugs by any person registered pursuant to Section 510 of
13 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
14 (y-1) "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 (z) "Manufacture" means the production, preparation,
20 propagation, compounding, conversion or processing of a
21 controlled substance, either directly or indirectly, by
22 extraction from substances of natural origin, or
23 independently by means of chemical synthesis, or by a
24 combination of extraction and chemical synthesis, and
25 includes any packaging or repackaging of the substance or
26 labeling of its container, except that this term does not
27 include:
28 (1) by an ultimate user, the preparation or
29 compounding of a controlled substance for his own use; or
30 (2) by a practitioner, or his authorized agent
31 under his supervision, the preparation, compounding,
32 packaging, or labeling of a controlled substance:
33 (a) as an incident to his administering or
34 dispensing of a controlled substance in the course
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1 of his professional practice; or
2 (b) as an incident to lawful research,
3 teaching or chemical analysis and not for sale.
4 (aa) "Narcotic drug" means any of the following, whether
5 produced directly or indirectly by extraction from substances
6 of natural origin, or independently by means of chemical
7 synthesis, or by a combination of extraction and chemical
8 synthesis:
9 (1) opium and opiate, and any salt, compound,
10 derivative, or preparation of opium or opiate;
11 (2) any salt, compound, isomer, derivative, or
12 preparation thereof which is chemically equivalent or
13 identical with any of the substances referred to in
14 clause (1), but not including the isoquinoline alkaloids
15 of opium;
16 (3) opium poppy and poppy straw;
17 (4) coca leaves and any salts, compound, isomer,
18 salt of an isomer, derivative, or preparation of coca
19 leaves including cocaine or ecgonine, and any salt,
20 compound, isomer, derivative, or preparation thereof
21 which is chemically equivalent or identical with any of
22 these substances, but not including decocainized coca
23 leaves or extractions of coca leaves which do not contain
24 cocaine or ecgonine (for the purpose of this paragraph,
25 the term "isomer" includes optical, positional and
26 geometric isomers).
27 (bb) "Nurse" means a registered nurse licensed under the
28 Illinois Nursing Act of 1987.
29 (cc) "Official prescription blanks" means the triplicate
30 prescription forms supplied to prescribers by the Department
31 for prescribing Schedule II Designated Product controlled
32 substances.
33 (dd) "Opiate" means any substance having an addiction
34 forming or addiction sustaining liability similar to morphine
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1 or being capable of conversion into a drug having addiction
2 forming or addiction sustaining liability.
3 (ee) "Opium poppy" means the plant of the species
4 Papaver somniferum L., except its seeds.
5 (ff) "Parole and Pardon Board" means the Parole and
6 Pardon Board of the State of Illinois or its successor
7 agency.
8 (gg) "Person" means any individual, corporation,
9 mail-order pharmacy, government or governmental subdivision
10 or agency, business trust, estate, trust, partnership or
11 association, or any other entity.
12 (hh) "Pharmacist" means any person who holds a
13 certificate of registration as a registered pharmacist, a
14 local registered pharmacist or a registered assistant
15 pharmacist under the Pharmacy Practice Act of 1987.
16 (ii) "Pharmacy" means any store, ship or other place in
17 which pharmacy is authorized to be practiced under the
18 Pharmacy Practice Act of 1987.
19 (jj) "Poppy straw" means all parts, except the seeds, of
20 the opium poppy, after mowing.
21 (kk) "Practitioner" means a physician licensed to
22 practice medicine in all its branches, dentist, podiatrist,
23 veterinarian, scientific investigator, pharmacist, physician
24 assistant, licensed practical nurse, registered nurse,
25 hospital, laboratory, or pharmacy, or other person licensed,
26 registered, or otherwise lawfully permitted by the United
27 States or this State to distribute, dispense, conduct
28 research with respect to, administer or use in teaching or
29 chemical analysis, a controlled substance in the course of
30 professional practice or research.
31 (ll) "Pre-printed prescription" means a written
32 prescription upon which the designated drug has been
33 indicated prior to the time of issuance.
34 (mm) "Prescriber" means a physician licensed to practice
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1 medicine in all its branches, dentist, podiatrist or
2 veterinarian who issues a prescription or a physician
3 assistant who issues a prescription for a Schedule III, IV,
4 or V controlled substance as delegated by a physician
5 licensed to practice medicine in all its branches in
6 accordance with the written guidelines required under Section
7 7.5 of the Physician Assistant Practice Act of 1987.
8 (nn) "Prescription" means a lawful written, facsimile,
9 or verbal order of a physician licensed to practice medicine
10 in all its branches, dentist, podiatrist or veterinarian for
11 any controlled substance, or of a physician assistant for a
12 Schedule III, IV, or V controlled substance as delegated by a
13 physician licensed to practice medicine in all its branches
14 in accordance with the written guidelines required under
15 Section 7.5 of the Physician Assistant Practice Act of 1987.
16 (oo) "Production" or "produce" means manufacture,
17 planting, cultivating, growing, or harvesting of a controlled
18 substance.
19 (pp) "Registrant" means every person who is required to
20 register under Section 302 of this Act.
21 (qq) "Registry number" means the number assigned to each
22 person authorized to handle controlled substances under the
23 laws of the United States and of this State.
24 (rr) "State" includes the State of Illinois and any
25 state, district, commonwealth, territory, insular possession
26 thereof, and any area subject to the legal authority of the
27 United States of America.
28 (ss) "Ultimate user" means a person who lawfully
29 possesses a controlled substance for his own use or for the
30 use of a member of his household or for administering to an
31 animal owned by him or by a member of his household.
32 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97.)
33 Section 95. No acceleration or delay. Where this Act
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1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.