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90_SB0859ccr001
LRB9002932ACsbccr4
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 859
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 859, recommend the following:
11 (1) that the House recede from House Amendment No. 1;
12 and
13 (2) that Senate Bill 859 be amended by replacing the
14 title with the following:
15 "AN ACT concerning health practitioners."; and
16 by replacing everything after the enacting clause with the
17 following:
18 "Section 3. The Medical Practice Act of 1987 is amended
19 by changing Section 11 as follows:
20 (225 ILCS 60/11) (from Ch. 111, par. 4400-11)
21 Sec. 11. Minimum education standards. The minimum
22 standards of professional education to be enforced by the
23 Department in conducting examinations and issuing licenses
24 shall be as follows:
25 (A) Practice of medicine. For the practice of
26 medicine in all of its branches:
27 (1) For applications for licensure under
28 subsection (D) of Section 19 of this Act:
29 (a) that the applicant is a graduate of a
30 medical or osteopathic college in the United
31 States, its territories or Canada, that the
32 applicant has completed a 2 year course of
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1 instruction in a college of liberal arts, or
2 its equivalent, and a course of instruction in
3 a medical or osteopathic college approved by
4 the Department or by a private, not for profit
5 accrediting body approved by the Department,
6 and in addition thereto, a course of
7 postgraduate clinical training of not less than
8 12 months as approved by the Department; or
9 (b) that the applicant is a graduate of a
10 medical or osteopathic college located outside
11 the United States, its territories or Canada,
12 and that the degree conferred is officially
13 recognized by the country for the purposes of
14 licensure, that the applicant has completed a 2
15 year course of instruction in a college of
16 liberal arts or its equivalent, and a course of
17 instruction in a medical or osteopathic college
18 approved by the Department, which course shall
19 have been not less than 132 weeks in duration
20 and shall have been completed within a period
21 of not less than 35 months, and, in addition
22 thereto, has completed a course of postgraduate
23 clinical training of not less than 12 months,
24 as approved by the Department, and has complied
25 with any other standards established by rule
26 taken and passed the Educational Commission of
27 Foreign Medical Graduates Examination.
28 For the purposes of this subparagraph (b)
29 an applicant is considered to be a graduate of
30 a medical college if the degree which is
31 conferred is officially recognized by that
32 country for the purposes of receiving a license
33 to practice medicine in all of its branches or
34 a document is granted by the medical college
35 which certifies the completion of all formal
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1 training requirements including any internship
2 and social service; or
3 (c) that the applicant has studied
4 medicine at a medical or osteopathic college
5 located outside the United States, its
6 territories, or Canada, that the applicant has
7 completed a 2 year course of instruction in a
8 college of liberal arts or its equivalent and
9 all of the formal requirements of a foreign
10 medical school except internship and social
11 service, which course shall have been not less
12 than 132 weeks in duration and shall have been
13 completed within a period of not less than 35
14 months; that the applicant has submitted an
15 application to a medical college accredited by
16 the Liaison Committee on Medical Education and
17 submitted to such evaluation procedures,
18 including use of nationally recognized medical
19 student tests or tests devised by the
20 individual medical college, and that the
21 applicant has satisfactorily completed one
22 academic year of supervised clinical training
23 under the direction of such medical college;
24 and, in addition thereto has completed a course
25 of postgraduate clinical training of not less
26 than 12 months, as approved by the Department,
27 and has complied with any other standards
28 established by rule taken and passed the
29 Educational Commission of Foreign Medical
30 Graduates Examination.
31 (d) Any clinical clerkships must have
32 been completed in compliance with Section 10.3
33 of the Hospital Licensing Act, as amended.
34 (2) Effective January 1, 1988, for
35 applications for licensure made subsequent to
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1 January 1, 1988, under Sections 9 or 17 of this Act
2 by individuals not described in paragraph (3) of
3 subsection (A) of Section 11 who graduated after
4 December 31, 1984:
5 (a) that the applicant: (i) graduated
6 from a medical or osteopathic college
7 officially recognized by the jurisdiction in
8 which it is located for the purpose of
9 receiving a license to practice medicine in all
10 of its branches, and the applicant has
11 completed, as defined by the Department, a 6
12 year postsecondary course of study comprising
13 at least 2 academic years of study in the basic
14 medical sciences; and 2 academic years of study
15 in the clinical sciences, while enrolled in the
16 medical college which conferred the degree, the
17 core rotations of which must have been
18 completed in clinical teaching facilities
19 owned, operated or formally affiliated with the
20 medical college which conferred the degree, or
21 under contract in teaching facilities owned,
22 operated or affiliated with another medical
23 college which is officially recognized by the
24 jurisdiction in which the medical school which
25 conferred the degree is located; or (ii)
26 graduated from a medical or osteopathic college
27 accredited by the Liaison Committee on Medical
28 Education, the Committee on Accreditation of
29 Canadian Medical Schools in conjunction with
30 the Liaison Committee on Medical Education, or
31 the Bureau of Professional Education of the
32 American Osteopathic Association; and, (iii) in
33 addition thereto, has completed a course of
34 postgraduate clinical training of not less than
35 24 months, as approved by the Department; or
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1 (b) that the applicant has studied
2 medicine at a medical or osteopathic college
3 located outside the United States, its
4 territories, or Canada, that the applicant, in
5 addition to satisfying the requirements of
6 subparagraph (a), except for the awarding of a
7 degree, has completed all of the formal
8 requirements of a foreign medical school except
9 internship and social service and has submitted
10 an application to a medical college accredited
11 by the Liaison Committee on Medical Education
12 and submitted to such evaluation procedures,
13 including use of nationally recognized medical
14 student tests or tests devised by the
15 individual medical college, and that the
16 applicant has satisfactorily completed one
17 academic year of supervised clinical training
18 under the direction of such medical college;
19 and, in addition thereto, has completed a
20 course of postgraduate clinical training of not
21 less than 24 months, as approved by the
22 Department, and has complied with any other
23 standards established by rule taken and passed
24 the Educational Commission of Foreign Medical
25 Graduates Examination.
26 (3) (Blank).
27 (4) Any person granted a temporary license
28 pursuant to Section 17 of this Act who shall
29 satisfactorily complete a course of postgraduate
30 clinical training and meet all of the requirements
31 for licensure shall be granted a permanent license
32 pursuant to Section 9.
33 (5) Notwithstanding any other provision of
34 this Section an individual holding a temporary
35 license under Section 17 of this Act shall be
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1 required to satisfy the undergraduate medical and
2 post-graduate clinical training educational
3 requirements in effect on the date of their
4 application for a temporary license, provided they
5 apply for a license under Section 9 of this Act and
6 satisfy all other requirements of this Section while
7 their temporary license is in effect.
8 (B) Treating human ailments without drugs and
9 without operative surgery. For the practice of treating
10 human ailments without the use of drugs and without
11 operative surgery:
12 (1) For an applicant who was a resident
13 student and who is a graduate after July 1, 1926, of
14 a chiropractic college or institution, that such
15 school, college or institution, at the time of the
16 applicant's graduation required as a prerequisite to
17 admission thereto a 4 year course of instruction in
18 a high school, and, as a prerequisite to graduation
19 therefrom, a course of instruction in the treatment
20 of human ailments, of not less than 132 weeks in
21 duration and which shall have been completed within
22 a period of not less than 35 months except that as
23 to students matriculating or entering upon a course
24 of chiropractic study during the years 1940, 1941,
25 1942, 1943, 1944, 1945, 1946, and 1947, such elapsed
26 time shall be not less than 32 months, such high
27 school and such school, college or institution
28 having been reputable and in good standing in the
29 judgment of the Department.
30 (2) For an applicant who is a matriculant in a
31 chiropractic college after September 1, 1969, that
32 such applicant shall be required to complete a 2
33 year course of instruction in a liberal arts college
34 or its equivalent and a course of instruction in a
35 chiropractic college in the treatment of human
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1 ailments, such course, as a prerequisite to
2 graduation therefrom, having been not less than 132
3 weeks in duration and shall have been completed
4 within a period of not less than 35 months, such
5 college of liberal arts and chiropractic college
6 having been reputable and in good standing in the
7 judgment of the Department.
8 (3) For an applicant who is a graduate of a
9 United States chiropractic college after August 19,
10 1981, the college of the applicant must be fully
11 accredited by the Commission on Accreditation of the
12 Council on Chiropractic Education or its successor
13 at the time of graduation. Such graduates shall be
14 considered to have met the minimum requirements
15 which shall be in addition to those requirements set
16 forth in the rules and regulations promulgated by
17 the Department.
18 (4) For an applicant who is a graduate of a
19 chiropractic college in another country; that such
20 chiropractic college be equivalent to the standards
21 of education as set forth for chiropractic colleges
22 located in the United States.
23 (Source: P.A. 89-702, eff. 7-1-97.)
24 Section 5. The Nursing and Advanced Practice Nursing Act
25 is amended by changing Section 15-20 as follows:
26 (225 ILCS 65/15-20)
27 Sec. 15-20. Prescriptive authority.
28 (a) A collaborating physician may, but is not required
29 to, delegate limited prescriptive authority to an advanced
30 practice nurse as part of a written collaborative agreement.
31 This authority may, but is not required to, include
32 prescription and dispensing of legend drugs and legend
33 controlled substances categorized as Schedule III, IV, or V
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1 controlled substances, as defined in Article II of the
2 Illinois Controlled Substances Act.
3 (b) To prescribe Schedule III, IV, or V controlled
4 substances under this Section, an advanced practice nurse
5 must obtain a mid-level practitioner controlled substance
6 license shall affix the collaborating physician's DEA number
7 to, and individually sign, the appropriate prescription form
8 containing the printed names of the advanced practice nurse
9 and collaborating physician in accordance with the written
10 collaborative agreement. Medication orders shall be reviewed
11 periodically by the collaborating physician.
12 (c) The collaborating physician shall file with the
13 Department notice of delegation of prescriptive authority and
14 termination of such delegation, in accordance with rules of
15 the Department. Upon receipt of this notice delegating
16 authority to prescribe Schedule III, IV, or V controlled
17 substances, the licensed advanced practice nurse shall be
18 eligible to register for a mid-level practitioner controlled
19 substance license under Section 303.05 of the Illinois
20 Controlled Substances Act.
21 (d) Nothing in this Act shall be construed to limit the
22 delegation of tasks or duties by a physician to a licensed
23 practical nurse, a registered professional nurse, or other
24 personnel.
25 (Source: P.A. 90-742, eff. 8-13-98.)
26 Section 10. The Physician Assistant Practice Act of 1987
27 is amended by changing Section 7.5 as follows:
28 (225 ILCS 95/7.5)
29 Sec. 7.5. Prescriptions. A supervising physician may
30 delegate limited prescriptive authority to a physician
31 assistant. This authority may, but is not required to,
32 include prescription and dispensing of legend drugs and
33 legend controlled substances categorized as Schedule III, IV,
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1 or V controlled substances, as defined in Article II of the
2 Illinois Controlled Substances Act, as delegated in the
3 written guidelines required by this Act. To prescribe
4 Schedule III, IV, or V controlled substances under this
5 Section, a physician assistant must obtain a mid-level
6 practitioner controlled substances license shall affix the
7 supervising physician's DEA number to, and individually sign,
8 the appropriate prescription form containing the printed
9 names of the physician assistant and supervising physician in
10 accordance with the written guidelines. Medication orders
11 issued by a physician assistant shall be reviewed
12 periodically by the supervising physician. The supervising
13 physician shall file with the Department notice of delegation
14 of prescriptive authority to a physician assistant and
15 termination of delegation, specifying the authority delegated
16 or terminated. Upon receipt of this notice delegating
17 authority to prescribe Schedule III, IV, or V controlled
18 substances, the physician assistant shall be eligible to
19 register for a mid-level practitioner controlled substances
20 license under Section 303.05 of the Illinois Controlled
21 Substances Act. Nothing in this Act shall be construed to
22 limit the delegation of tasks or duties by the supervising
23 physician to a nurse or other appropriately trained
24 personnel.
25 The Department shall establish by rule the minimum
26 requirements for written guidelines to be followed under this
27 Section.
28 (Source: P.A. 90-116, eff. 7-14-97.)
29 Section 15. The Illinois Controlled Substances Act is
30 amended by changing Sections 102 and 303 and adding Section
31 303.05 as follows:
32 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
33 Sec. 102. Definitions. As used in this Act, unless the
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1 context otherwise requires:
2 (a) "Addict" means any person who habitually uses any
3 drug, chemical, substance or dangerous drug other than
4 alcohol so as to endanger the public morals, health, safety
5 or welfare or who is so far addicted to the use of a
6 dangerous drug or controlled substance other than alcohol as
7 to have lost the power of self control with reference to his
8 addiction.
9 (b) "Administer" means the direct application of a
10 controlled substance, whether by injection, inhalation,
11 ingestion, or any other means, to the body of a patient or
12 research subject by:
13 (1) a practitioner (or, in his presence, by his
14 authorized agent), or
15 (2) the patient or research subject at the lawful
16 direction of the practitioner.
17 (c) "Agent" means an authorized person who acts on
18 behalf of or at the direction of a manufacturer, distributor,
19 or dispenser. It does not include a common or contract
20 carrier, public warehouseman or employee of the carrier or
21 warehouseman.
22 (c-1) "Anabolic Steroids" means any drug or hormonal
23 substance, chemically and pharmacologically related to
24 testosterone (other than estrogens, progestins, and
25 corticosteroids) that promotes muscle growth, and includes:
26 (i) boldenone,
27 (ii) chlorotestosterone,
28 (iii) chostebol,
29 (iv) dehydrochlormethyltestosterone,
30 (v) dihydrotestosterone,
31 (vi) drostanolone,
32 (vii) ethylestrenol,
33 (viii) fluoxymesterone,
34 (ix) formebulone,
35 (x) mesterolone,
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1 (xi) methandienone,
2 (xii) methandranone,
3 (xiii) methandriol,
4 (xiv) methandrostenolone,
5 (xv) methenolone,
6 (xvi) methyltestosterone,
7 (xvii) mibolerone,
8 (xviii) nandrolone,
9 (xix) norethandrolone,
10 (xx) oxandrolone,
11 (xxi) oxymesterone,
12 (xxii) oxymetholone,
13 (xxiii) stanolone,
14 (xxiv) stanozolol,
15 (xxv) testolactone,
16 (xxvi) testosterone,
17 (xxvii) trenbolone, and
18 (xxviii) any salt, ester, or isomer of a drug
19 or substance described or listed in this paragraph,
20 if that salt, ester, or isomer promotes muscle
21 growth.
22 Any person who is otherwise lawfully in possession of an
23 anabolic steroid, or who otherwise lawfully manufactures,
24 distributes, dispenses, delivers, or possesses with intent to
25 deliver an anabolic steroid, which anabolic steroid is
26 expressly intended for and lawfully allowed to be
27 administered through implants to livestock or other nonhuman
28 species, and which is approved by the Secretary of Health and
29 Human Services for such administration, and which the person
30 intends to administer or have administered through such
31 implants, shall not be considered to be in unauthorized
32 possession or to unlawfully manufacture, distribute,
33 dispense, deliver, or possess with intent to deliver such
34 anabolic steroid for purposes of this Act.
35 (d) "Administration" means the Drug Enforcement
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1 Administration, United States Department of Justice, or its
2 successor agency.
3 (e) "Control" means to add a drug or other substance, or
4 immediate precursor, to a Schedule under Article II of this
5 Act whether by transfer from another Schedule or otherwise.
6 (f) "Controlled Substance" means a drug, substance, or
7 immediate precursor in the Schedules of Article II of this
8 Act.
9 (g) "Counterfeit substance" means a controlled
10 substance, which, or the container or labeling of which,
11 without authorization bears the trademark, trade name, or
12 other identifying mark, imprint, number or device, or any
13 likeness thereof, of a manufacturer, distributor, or
14 dispenser other than the person who in fact manufactured,
15 distributed, or dispensed the substance.
16 (h) "Deliver" or "delivery" means the actual,
17 constructive or attempted transfer of possession of a
18 controlled substance, with or without consideration, whether
19 or not there is an agency relationship.
20 (i) "Department" means the Illinois Department of Human
21 Services (as successor to the Department of Alcoholism and
22 Substance Abuse) or its successor agency.
23 (j) "Department of State Police" means the Department of
24 State Police of the State of Illinois or its successor
25 agency.
26 (k) "Department of Corrections" means the Department of
27 Corrections of the State of Illinois or its successor agency.
28 (l) "Department of Professional Regulation" means the
29 Department of Professional Regulation of the State of
30 Illinois or its successor agency.
31 (m) "Depressant" or "stimulant substance" means:
32 (1) a drug which contains any quantity of (i)
33 barbituric acid or any of the salts of barbituric acid
34 which has been designated as habit forming under section
35 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
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1 U.S.C. 352 (d)); or
2 (2) a drug which contains any quantity of (i)
3 amphetamine or methamphetamine and any of their optical
4 isomers; (ii) any salt of amphetamine or methamphetamine
5 or any salt of an optical isomer of amphetamine; or (iii)
6 any substance which the Department, after investigation,
7 has found to be, and by rule designated as, habit forming
8 because of its depressant or stimulant effect on the
9 central nervous system; or
10 (3) lysergic acid diethylamide; or
11 (4) any drug which contains any quantity of a
12 substance which the Department, after investigation, has
13 found to have, and by rule designated as having, a
14 potential for abuse because of its depressant or
15 stimulant effect on the central nervous system or its
16 hallucinogenic effect.
17 (n) "Designated product" means any narcotic drug,
18 amphetamine, phenmetrazine, methamphetamine, gluthethimide,
19 pentazocine or cannabis product listed in Schedule II and
20 also means a controlled substance listed in Schedule II which
21 is determined and designated by the Department or its
22 successor agency to be such a product. A designated product
23 shall only be dispensed upon an official prescription blank.
24 (o) "Director" means the Director of the Department of
25 State Police or the Department of Professional Regulation or
26 his designated agents.
27 (p) "Dispense" means to deliver a controlled substance
28 to an ultimate user or research subject by or pursuant to the
29 lawful order of a prescriber, including the prescribing,
30 administering, packaging, labeling, or compounding necessary
31 to prepare the substance for that delivery.
32 (q) "Dispenser" means a practitioner who dispenses.
33 (r) "Distribute" means to deliver, other than by
34 administering or dispensing, a controlled substance.
35 (s) "Distributor" means a person who distributes.
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1 (t) "Drug" means (1) substances recognized as drugs in
2 the official United States Pharmacopoeia, Official
3 Homeopathic Pharmacopoeia of the United States, or official
4 National Formulary, or any supplement to any of them; (2)
5 substances intended for use in diagnosis, cure, mitigation,
6 treatment, or prevention of disease in man or animals; (3)
7 substances (other than food) intended to affect the structure
8 of any function of the body of man or animals and (4)
9 substances intended for use as a component of any article
10 specified in clause (1), (2), or (3) of this subsection. It
11 does not include devices or their components, parts, or
12 accessories.
13 (u) "Good faith" means the prescribing or dispensing of
14 a controlled substance by a practitioner in the regular
15 course of professional treatment to or for any person who is
16 under his treatment for a pathology or condition other than
17 that individual's physical or psychological dependence upon
18 or addiction to a controlled substance, except as provided
19 herein: and application of the term to a pharmacist shall
20 mean the dispensing of a controlled substance pursuant to the
21 prescriber's order which in the professional judgment of the
22 pharmacist is lawful. The pharmacist shall be guided by
23 accepted professional standards including, but not limited to
24 the following, in making the judgment:
25 (1) lack of consistency of doctor-patient
26 relationship,
27 (2) frequency of prescriptions for same drug by one
28 prescriber for large numbers of patients,
29 (3) quantities beyond those normally prescribed,
30 (4) unusual dosages,
31 (5) unusual geographic distances between patient,
32 pharmacist and prescriber,
33 (6) consistent prescribing of habit-forming drugs.
34 (u-1) "Home infusion services" means services provided
35 by a pharmacy in compounding solutions for direct
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1 administration to a patient in a private residence, long-term
2 care facility, or hospice setting by means of parenteral,
3 intravenous, intramuscular, subcutaneous, or intraspinal
4 infusion.
5 (v) "Immediate precursor" means a substance:
6 (1) which the Department has found to be and by
7 rule designated as being a principal compound used, or
8 produced primarily for use, in the manufacture of a
9 controlled substance;
10 (2) which is an immediate chemical intermediary
11 used or likely to be used in the manufacture of such
12 controlled substance; and
13 (3) the control of which is necessary to prevent,
14 curtail or limit the manufacture of such controlled
15 substance.
16 (w) "Instructional activities" means the acts of
17 teaching, educating or instructing by practitioners using
18 controlled substances within educational facilities approved
19 by the State Board of Education or its successor agency.
20 (x) "Local authorities" means a duly organized State,
21 County or Municipal peace unit or police force.
22 (y) "Look-alike substance" means a substance, other than
23 a controlled substance which (1) by overall dosage unit
24 appearance, including shape, color, size, markings or lack
25 thereof, taste, consistency, or any other identifying
26 physical characteristic of the substance, would lead a
27 reasonable person to believe that the substance is a
28 controlled substance, or (2) is expressly or impliedly
29 represented to be a controlled substance or is distributed
30 under circumstances which would lead a reasonable person to
31 believe that the substance is a controlled substance. For the
32 purpose of determining whether the representations made or
33 the circumstances of the distribution would lead a reasonable
34 person to believe the substance to be a controlled substance
35 under this clause (2) of subsection (y), the court or other
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1 authority may consider the following factors in addition to
2 any other factor that may be relevant:
3 (a) statements made by the owner or person in
4 control of the substance concerning its nature, use or
5 effect;
6 (b) statements made to the buyer or recipient that
7 the substance may be resold for profit;
8 (c) whether the substance is packaged in a manner
9 normally used for the illegal distribution of controlled
10 substances;
11 (d) whether the distribution or attempted
12 distribution included an exchange of or demand for money
13 or other property as consideration, and whether the
14 amount of the consideration was substantially greater
15 than the reasonable retail market value of the substance.
16 Clause (1) of this subsection (y) shall not apply to a
17 noncontrolled substance in its finished dosage form that was
18 initially introduced into commerce prior to the initial
19 introduction into commerce of a controlled substance in its
20 finished dosage form which it may substantially resemble.
21 Nothing in this subsection (y) prohibits the dispensing
22 or distributing of noncontrolled substances by persons
23 authorized to dispense and distribute controlled substances
24 under this Act, provided that such action would be deemed to
25 be carried out in good faith under subsection (u) if the
26 substances involved were controlled substances.
27 Nothing in this subsection (y) or in this Act prohibits
28 the manufacture, preparation, propagation, compounding,
29 processing, packaging, advertising or distribution of a drug
30 or drugs by any person registered pursuant to Section 510 of
31 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
32 (y-1) "Mail-order pharmacy" means a pharmacy that is
33 located in a state of the United States, other than Illinois,
34 that delivers, dispenses or distributes, through the United
35 States Postal Service or other common carrier, to Illinois
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1 residents, any substance which requires a prescription.
2 (z) "Manufacture" means the production, preparation,
3 propagation, compounding, conversion or processing of a
4 controlled substance, either directly or indirectly, by
5 extraction from substances of natural origin, or
6 independently by means of chemical synthesis, or by a
7 combination of extraction and chemical synthesis, and
8 includes any packaging or repackaging of the substance or
9 labeling of its container, except that this term does not
10 include:
11 (1) by an ultimate user, the preparation or
12 compounding of a controlled substance for his own use; or
13 (2) by a practitioner, or his authorized agent
14 under his supervision, the preparation, compounding,
15 packaging, or labeling of a controlled substance:
16 (a) as an incident to his administering or
17 dispensing of a controlled substance in the course
18 of his professional practice; or
19 (b) as an incident to lawful research,
20 teaching or chemical analysis and not for sale.
21 (aa) "Narcotic drug" means any of the following, whether
22 produced directly or indirectly by extraction from substances
23 of natural origin, or independently by means of chemical
24 synthesis, or by a combination of extraction and chemical
25 synthesis:
26 (1) opium and opiate, and any salt, compound,
27 derivative, or preparation of opium or opiate;
28 (2) any salt, compound, isomer, derivative, or
29 preparation thereof which is chemically equivalent or
30 identical with any of the substances referred to in
31 clause (1), but not including the isoquinoline alkaloids
32 of opium;
33 (3) opium poppy and poppy straw;
34 (4) coca leaves and any salts, compound, isomer,
35 salt of an isomer, derivative, or preparation of coca
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1 leaves including cocaine or ecgonine, and any salt,
2 compound, isomer, derivative, or preparation thereof
3 which is chemically equivalent or identical with any of
4 these substances, but not including decocainized coca
5 leaves or extractions of coca leaves which do not contain
6 cocaine or ecgonine (for the purpose of this paragraph,
7 the term "isomer" includes optical, positional and
8 geometric isomers).
9 (bb) "Nurse" means a registered nurse licensed under the
10 Nursing and Advanced Practice Nursing Act.
11 (cc) "Official prescription blanks" means the triplicate
12 prescription forms supplied to prescribers by the Department
13 for prescribing Schedule II Designated Product controlled
14 substances.
15 (dd) "Opiate" means any substance having an addiction
16 forming or addiction sustaining liability similar to morphine
17 or being capable of conversion into a drug having addiction
18 forming or addiction sustaining liability.
19 (ee) "Opium poppy" means the plant of the species
20 Papaver somniferum L., except its seeds.
21 (ff) "Parole and Pardon Board" means the Parole and
22 Pardon Board of the State of Illinois or its successor
23 agency.
24 (gg) "Person" means any individual, corporation,
25 mail-order pharmacy, government or governmental subdivision
26 or agency, business trust, estate, trust, partnership or
27 association, or any other entity.
28 (hh) "Pharmacist" means any person who holds a
29 certificate of registration as a registered pharmacist, a
30 local registered pharmacist or a registered assistant
31 pharmacist under the Pharmacy Practice Act of 1987.
32 (ii) "Pharmacy" means any store, ship or other place in
33 which pharmacy is authorized to be practiced under the
34 Pharmacy Practice Act of 1987.
35 (jj) "Poppy straw" means all parts, except the seeds, of
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1 the opium poppy, after mowing.
2 (kk) "Practitioner" means a physician licensed to
3 practice medicine in all its branches, dentist, podiatrist,
4 veterinarian, scientific investigator, pharmacist, physician
5 assistant, advanced practice nurse, licensed practical nurse,
6 registered nurse, hospital, laboratory, or pharmacy, or other
7 person licensed, registered, or otherwise lawfully permitted
8 by the United States or this State to distribute, dispense,
9 conduct research with respect to, administer or use in
10 teaching or chemical analysis, a controlled substance in the
11 course of professional practice or research.
12 (ll) "Pre-printed prescription" means a written
13 prescription upon which the designated drug has been
14 indicated prior to the time of issuance.
15 (mm) "Prescriber" means a physician licensed to practice
16 medicine in all its branches, dentist, podiatrist or
17 veterinarian who issues a prescription, a physician assistant
18 who issues a prescription for a Schedule III, IV, or V
19 controlled substance as delegated by a physician licensed to
20 practice medicine in all its branches in accordance with
21 Section 303.05 and the written guidelines required under
22 Section 7.5 of the Physician Assistant Practice Act of 1987,
23 or an advanced practice nurse with prescriptive authority, as
24 delegated by a physician licensed to practice medicine in all
25 its branches, in accordance with Section 303.05 and a written
26 collaborative agreement under Sections 15-15 and 15-20 of the
27 Nursing and Advanced Practice Nursing Act.
28 (nn) "Prescription" means a lawful written, facsimile,
29 or verbal order of a physician licensed to practice medicine
30 in all its branches, dentist, podiatrist or veterinarian for
31 any controlled substance, of a physician assistant for a
32 Schedule III, IV, or V controlled substance as delegated by a
33 physician licensed to practice medicine in all its branches
34 in accordance with Section 303.05 and the written guidelines
35 required under Section 7.5 of the Physician Assistant
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1 Practice Act of 1987, or of an advanced practice nurse who
2 issues a prescription for a Schedule III, IV, or V controlled
3 substance, pursuant to prescriptive authority delegated by a
4 physician licensed to practice medicine in all its branches,
5 in accordance with Section 303.05 and a written collaborative
6 agreement under Sections 15-15 and 15-20 of the Nursing and
7 Advanced Practice Nursing Act.
8 (oo) "Production" or "produce" means manufacture,
9 planting, cultivating, growing, or harvesting of a controlled
10 substance.
11 (pp) "Registrant" means every person who is required to
12 register under Section 302 of this Act.
13 (qq) "Registry number" means the number assigned to each
14 person authorized to handle controlled substances under the
15 laws of the United States and of this State.
16 (rr) "State" includes the State of Illinois and any
17 state, district, commonwealth, territory, insular possession
18 thereof, and any area subject to the legal authority of the
19 United States of America.
20 (ss) "Ultimate user" means a person who lawfully
21 possesses a controlled substance for his own use or for the
22 use of a member of his household or for administering to an
23 animal owned by him or by a member of his household.
24 (Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
25 90-116, eff. 7-14-97; 90-742, eff. 8-13-98.)
26 (720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
27 Sec. 303. (a) The Department of Professional Regulation
28 shall license register an applicant to manufacture,
29 distribute or dispense controlled substances included in
30 Sections 204, 206, 208, 210 and 212 of this Act unless it
31 determines that the issuance of that license registration
32 would be inconsistent with the public interest. In
33 determining the public interest, the Department of
34 Professional Regulation shall consider the following:
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1 (1) maintenance of effective controls against diversion
2 of controlled substances into other than lawful medical,
3 scientific, or industrial channels;
4 (2) compliance with applicable Federal, State and local
5 law;
6 (3) any convictions of the applicant under any law of
7 the United States or of any State relating to any controlled
8 substance;
9 (4) past experience in the manufacture or distribution
10 of controlled substances, and the existence in the
11 applicant's establishment of effective controls against
12 diversion;
13 (5) furnishing by the applicant of false or fraudulent
14 material in any application filed under this Act;
15 (6) suspension or revocation of the applicant's Federal
16 registration to manufacture, distribute, or dispense
17 controlled substances as authorized by Federal law;
18 (7) whether the applicant is suitably equipped with the
19 facilities appropriate to carry on the operation described in
20 his application;
21 (8) whether the applicant is of good moral character or,
22 if the applicant is a partnership, association, corporation
23 or other organization, whether the partners, directors,
24 governing committee and managing officers are of good moral
25 character;
26 (9) any other factors relevant to and consistent with
27 the public health and safety; and
28 (10) Evidence from court, medical disciplinary and
29 pharmacy board records and those of State and Federal
30 investigatory bodies that the applicant has not or does not
31 prescribe controlled substances within the provisions of this
32 Act.
33 (b) No license registration shall be granted to or
34 renewed for any person who has within 5 years been convicted
35 of a wilful violation of any law of the United States or any
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1 law of any State relating to controlled substances, or who is
2 found to be deficient in any of the matters enumerated in
3 subsections (a)(1) through (a)(8).
4 (c) Licensure Registration under subsection (a) does not
5 entitle a registrant to manufacture, distribute or dispense
6 controlled substances in Schedules I or II other than those
7 specified in the registration.
8 (d) Practitioners who are licensed registered to
9 dispense any controlled substances in Schedules II through V
10 are authorized to conduct instructional activities with
11 controlled substances in Schedules II through V under the law
12 of this State.
13 (e) If an applicant for registration is registered under
14 the Federal law to manufacture, distribute or dispense
15 controlled substances, upon filing a completed application
16 for licensure registration in this State and payment of all
17 fees due hereunder, he shall be licensed registered in this
18 State to the same extent as his Federal registration, unless,
19 within 30 days after completing his application in this
20 State, the Department of Professional Regulation notifies the
21 applicant that his application has not been granted. A
22 practitioner who is in compliance with the Federal law with
23 respect to registration to dispense controlled substances in
24 Schedules II through V need only send a current copy of that
25 Federal registration to the Department of Professional
26 Regulation and he shall be deemed in compliance with the
27 registration provisions of this State.
28 (f) The fee for registration as a manufacturer or
29 wholesale distributor of controlled substances shall be
30 $50.00 per year, except that the fee for registration as a
31 manufacturer or wholesale distributor of controlled
32 substances that may be dispensed without a prescription under
33 this Act shall be $15.00 per year. The expiration date and
34 renewal period for each controlled substance license
35 certificate of registration issued under this Act shall be
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1 set by rule.
2 (Source: P.A. 85-1209.)
3 (720 ILCS 570/303.05 new)
4 Sec. 303.05. Mid-level practitioner registration.
5 (a) The Department of Professional Regulation shall
6 register licensed physician assistants and licensed advanced
7 practice nurses to prescribe and dispense Schedule III, IV,
8 or V controlled substances under Section 303 under the
9 following circumstances:
10 (1) the physician assistant or advanced practice
11 nurse has been delegated prescriptive authority by a
12 physician licensed to practice medicine in all its
13 branches in accordance with Section 7.5 of the Physician
14 Assistant Practice Act of 1987 or Section 15-20 of the
15 Nursing and Advanced Practice Nursing Act; and
16 (2) the physician assistant or advanced practice
17 nurse has completed the appropriate application forms and
18 has paid the required fees as set by rule.
19 (b) The mid-level practitioner shall only be licensed to
20 prescribe those schedules of controlled substances for which
21 a licensed physician has delegated prescriptive authority.
22 (c) Upon completion of all registration requirements,
23 physician assistants and advanced practice nurses shall be
24 issued a mid-level practitioner controlled substances license
25 for Illinois.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.".
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1 Submitted on , 1998.
2 ______________________________ _____________________________
3 Senator Burzynski Representative Eugene Moore
4 ______________________________ _____________________________
5 Senator Karpiel Representative Currie
6 ______________________________ _____________________________
7 Senator Madigan Representative Hannig
8 ______________________________ _____________________________
9 Senator Jacobs Representative Churchill
10 ______________________________ _____________________________
11 Senator Molaro Representative Saviano
12 Committee for the Senate Committee for the House