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Public Act 098-0668 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Clinical Psychologist Licensing Act is | ||||
amended by changing Sections 2, 7, and 15 and by adding | ||||
Sections 4.2, 4.3, and 4.5 as follows:
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(225 ILCS 15/2) (from Ch. 111, par. 5352)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 2. Definitions. As used in this Act:
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(1) "Department" means the Department of Financial and
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Professional Regulation.
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(2) "Secretary" means the Secretary
of Financial and | ||||
Professional Regulation.
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(3) "Board" means the Clinical Psychologists Licensing
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and
Disciplinary
Board appointed by the Secretary.
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(4) "Person" means an individual, association, | ||||
partnership or corporation.
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(5) "Clinical psychology" means the independent
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evaluation, classification and treatment of mental, | ||||
emotional, behavioral
or nervous disorders or conditions, | ||||
developmental disabilities, alcoholism
and substance | ||||
abuse, disorders of habit or conduct, the psychological
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aspects of physical illness. The practice of clinical |
psychology includes
psychoeducational evaluation, therapy, | ||
remediation and consultation, the
use of psychological and | ||
neuropsychological testing, assessment,
psychotherapy, | ||
psychoanalysis, hypnosis, biofeedback, and behavioral
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modification when any of these are used for the purpose of | ||
preventing or
eliminating psychopathology, or for the | ||
amelioration of psychological
disorders of individuals or | ||
groups. "Clinical psychology" does not include
the use of | ||
hypnosis by unlicensed persons
pursuant to Section 3.
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(6) A person represents himself to be a "clinical | ||
psychologist" or "psychologist" within
the meaning of this | ||
Act when he or she holds himself out to the public by
any | ||
title or description of services incorporating the words | ||
"psychological",
"psychologic", "psychologist", | ||
"psychology", or "clinical psychologist" or
under such | ||
title or description offers to render or renders clinical
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psychological services as defined in paragraph (7) of this | ||
Section to
individuals, corporations, or the public for | ||
remuneration.
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(7) "Clinical psychological services" refers to any | ||
services under
paragraph (5) of this Section if the words | ||
"psychological", "psychologic",
"psychologist", | ||
"psychology" or "clinical psychologist" are used to
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describe such services by the person or
organization | ||
offering to render or rendering them.
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(8) "Collaborating physician" means a physician |
licensed to practice medicine in all of its branches in | ||
Illinois who generally prescribes medications for the | ||
treatment of mental health disease or illness to his or her | ||
patients in the normal course of his or her clinical | ||
medical practice. | ||
(9) "Prescribing psychologist" means a licensed, | ||
doctoral level psychologist who has undergone specialized | ||
training, has passed an examination as determined by rule, | ||
and has received a current license granting prescriptive | ||
authority under Section 4.2 of this Act that has not been | ||
revoked or suspended from the Department. | ||
(10) "Prescriptive authority" means the authority to | ||
prescribe, administer, discontinue, or distribute drugs or | ||
medicines. | ||
(11) "Prescription" means an order for a drug, | ||
laboratory test, or any medicines, including controlled | ||
substances as defined in the Illinois Controlled | ||
Substances Act. | ||
(12) "Drugs" has the meaning given to that term in the | ||
Pharmacy Practice Act. | ||
(13) "Medicines" has the meaning given to that term in | ||
the Pharmacy Practice Act. | ||
This Act shall not apply to persons lawfully carrying on | ||
their particular
profession or business under any valid | ||
existing regulatory Act of the State.
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(Source: P.A. 94-870, eff. 6-16-06.)
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(225 ILCS 15/4.2 new) | ||
Sec. 4.2. Prescribing psychologist license. | ||
(a) A psychologist may apply to the Department for a | ||
prescribing psychologist license. The application shall be | ||
made on a form approved by the Department, include the payment | ||
of any required fees, and be accompanied by evidence | ||
satisfactory to the Department that the applicant: | ||
(1) holds a current license to practice clinical | ||
psychology in Illinois; | ||
(2) has successfully completed the following minimum | ||
educational and training requirements either during the | ||
doctoral program required for licensure under this Section | ||
or in an accredited undergraduate or master level program | ||
prior to or subsequent to the doctoral program required | ||
under this Section: | ||
(A) specific minimum undergraduate biomedical | ||
prerequisite coursework, including, but not limited | ||
to: Medical Terminology (class or proficiency); | ||
Chemistry or Biochemistry with lab (2 semesters); | ||
Human Physiology (one semester); Human Anatomy (one | ||
semester); Anatomy and Physiology; Microbiology with | ||
lab (one semester); and General Biology for science | ||
majors or Cell and Molecular Biology (one semester); | ||
(B) a minimum of 60 credit hours of didactic | ||
coursework, including, but not limited to: |
Pharmacology; Clinical Psychopharmacology; Clinical | ||
Anatomy and Integrated Science; Patient Evaluation; | ||
Advanced Physical Assessment; Research Methods; | ||
Advanced Pathophysiology; Diagnostic Methods; Problem | ||
Based Learning; and Clinical and Procedural Skills; | ||
and | ||
(C) a full-time practicum of 14 months supervised | ||
clinical training of at least 36 credit hours, | ||
including a research project; during the clinical | ||
rotation phase, students complete rotations in | ||
Emergency Medicine, Family Medicine, Geriatrics, | ||
Internal Medicine, Obstetrics and Gynecology, | ||
Pediatrics, Psychiatrics, Surgery, and one elective of | ||
the students' choice; program approval standards | ||
addressing faculty qualifications, regular competency | ||
evaluation and length of clinical rotations, and | ||
instructional settings, including hospitals, hospital | ||
outpatient clinics, community mental health clinics, | ||
and correctional facilities, in accordance with those | ||
of the Accreditation Review Commission on Education | ||
for the Physician Assistant shall be set by Department | ||
by rule; | ||
(3) has completed a National Certifying Exam, as | ||
determined by rule; and | ||
(4) meets all other requirements for obtaining a | ||
prescribing psychologist license, as determined by rule. |
(b) The Department may issue a prescribing psychologist | ||
license if it finds that the applicant has met the requirements | ||
of subsection (a) of this Section. | ||
(c) A prescribing psychologist may only prescribe | ||
medication pursuant to the provisions of this Act if the | ||
prescribing psychologist: | ||
(1) continues to hold a current license to practice | ||
psychology in Illinois; | ||
(2) satisfies the continuing education requirements | ||
for prescribing psychologists, including 10 hours of | ||
continuing education annually in pharmacology from | ||
accredited providers; and | ||
(3) maintains a written collaborative agreement with a | ||
collaborating physician pursuant to Section 4.3 of this | ||
Act. | ||
(225 ILCS 15/4.3 new) | ||
Sec. 4.3. Written collaborative agreements. | ||
(a) A written collaborative agreement is required for all | ||
prescribing psychologists practicing under a prescribing | ||
psychologist license issued pursuant to Section 4.2 of this | ||
Act. | ||
(b) A written delegation of prescriptive authority by a | ||
collaborating physician may only include medications for the | ||
treatment of mental health disease or illness the collaborating | ||
physician generally provides to his or her patients in the |
normal course of his or her clinical practice with the | ||
exception of the following: | ||
(1) patients who are less than 17 years of age or over | ||
65 years of age; | ||
(2) patients during pregnancy; | ||
(3) patients with serious medical conditions, such as | ||
heart disease, cancer, stroke, or seizures, and with | ||
developmental disabilities and intellectual disabilities; | ||
and | ||
(4) prescriptive authority for benzodiazepine Schedule | ||
III controlled substances. | ||
(c) The collaborating physician shall file with the | ||
Department notice of delegation of prescriptive authority and | ||
termination of the delegation, in accordance with rules of the | ||
Department. Upon receipt of this notice delegating authority to | ||
prescribe any nonnarcotic Schedule III through V controlled | ||
substances, the licensed clinical psychologist shall be | ||
eligible to register for a mid-level practitioner controlled | ||
substance license under Section 303.05 of the Illinois | ||
Controlled Substances Act. | ||
(d) All of the following shall apply to delegation of | ||
prescriptive authority: | ||
(1) Any delegation of Schedule III through V controlled | ||
substances shall identify the specific controlled | ||
substance by brand name or generic name. No controlled | ||
substance to be delivered by injection may be delegated. No |
Schedule II controlled substance shall be delegated. | ||
(2) A prescribing psychologist shall not prescribe | ||
narcotic drugs, as defined in Section 102 of the Illinois | ||
Controlled Substances Act. | ||
Any prescribing psychologist who writes a prescription for | ||
a controlled substance without having valid and appropriate | ||
authority may be fined by the Department not more than $50 per | ||
prescription and the Department may take any other disciplinary | ||
action provided for in this Act. | ||
(e) The written collaborative agreement shall describe the | ||
working relationship of the prescribing psychologist with the | ||
collaborating physician and shall delegate prescriptive | ||
authority as provided in this Act. Collaboration does not | ||
require an employment relationship between the collaborating | ||
physician and prescribing psychologist. Absent an employment | ||
relationship, an agreement may not restrict third-party | ||
payment sources accepted by the prescribing psychologist. For | ||
the purposes of this Section, "collaboration" means the | ||
relationship between a prescribing psychologist and a | ||
collaborating physician with respect to the delivery of | ||
prescribing services in accordance with (1) the prescribing | ||
psychologist's training, education, and experience and (2) | ||
collaboration and consultation as documented in a jointly | ||
developed written collaborative agreement. | ||
(f) The agreement shall promote the exercise of | ||
professional judgment by the prescribing psychologist |
corresponding to his or her education and experience. | ||
(g) The collaborative agreement shall not be construed to | ||
require the personal presence of a physician at the place where | ||
services are rendered. Methods of communication shall be | ||
available for consultation with the collaborating physician in | ||
person or by telecommunications in accordance with established | ||
written guidelines as set forth in the written agreement. | ||
(h) Collaboration and consultation pursuant to all | ||
collaboration agreements shall be adequate if a collaborating | ||
physician does each of the following: | ||
(1) participates in the joint formulation and joint | ||
approval of orders or guidelines with the prescribing | ||
psychologist and he or she periodically reviews the | ||
prescribing psychologist's orders and the services | ||
provided patients under the orders in accordance with | ||
accepted standards of medical practice and prescribing | ||
psychologist practice; | ||
(2) provides collaboration and consultation with the | ||
prescribing psychologist in person at least once a month | ||
for review of safety and quality clinical care or | ||
treatment; | ||
(3) is available through telecommunications for | ||
consultation on medical problems, complications, | ||
emergencies, or patient referral; and | ||
(4) reviews medication orders of the prescribing | ||
psychologist no less than monthly, including review of |
laboratory tests and other tests as available. | ||
(i) The written collaborative agreement shall contain | ||
provisions detailing notice for termination or change of status | ||
involving a written collaborative agreement, except when the | ||
notice is given for just cause. | ||
(j) A copy of the signed written collaborative agreement | ||
shall be available to the Department upon request to either the | ||
prescribing psychologist or the collaborating physician. | ||
(k) Nothing in this Section shall be construed to limit the | ||
authority of a prescribing psychologist to perform all duties | ||
authorized under this Act. | ||
(l) A prescribing psychologist shall inform each | ||
collaborating physician of all collaborative agreements he or | ||
she has signed and provide a copy of these to any collaborating | ||
physician. | ||
(m) No collaborating physician shall enter into more than 3 | ||
collaborative agreements with prescribing psychologists. | ||
(225 ILCS 15/4.5 new) | ||
Sec. 4.5. Endorsement. | ||
(a) Individuals who are already licensed as medical or | ||
prescribing psychologists in another state may apply for an | ||
Illinois prescribing psychologist license by endorsement from | ||
that state, or acceptance of that state's examination if they | ||
meet the requirements set forth in this Act and its rules, | ||
including proof of successful completion of the educational, |
testing, and experience standards. Applicants from other | ||
states may not be required to pass the examination required for | ||
licensure as a prescribing psychologist in Illinois if they | ||
meet requirements set forth in this Act and its rules, such as | ||
proof of education, testing, payment of any fees, and | ||
experience. | ||
(b) Individuals who graduated from the Department of | ||
Defense Psychopharmacology Demonstration Project may apply for | ||
an Illinois prescribing psychologist license by endorsement. | ||
Applicants from the Department of Defense Psychopharmacology | ||
Demonstration Project may not be required to pass the | ||
examination required for licensure as a prescribing | ||
psychologist in Illinois if they meet requirements set forth in | ||
this Act and its rules, such as proof of education, testing, | ||
payment of any fees, and experience. | ||
(c) Individuals applying for a prescribing psychologist | ||
license by endorsement shall be required to first obtain a | ||
clinical psychologist license under this Act. | ||
(225 ILCS 15/7) (from Ch. 111, par. 5357) | ||
(Section scheduled to be repealed on January 1, 2017) | ||
Sec. 7. Board. The Secretary shall appoint a Board that
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shall serve in
an advisory capacity to the Secretary. | ||
The Board shall consist of 11 7 persons : , 4 of whom are
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licensed clinical
psychologists , and actively engaged in the | ||
practice of clinical psychology ; 2 of whom are licensed |
prescribing psychologists; 2 of whom are physicians licensed to | ||
practice medicine in all its branches in Illinois who generally | ||
prescribe medications for the treatment of mental health | ||
disease or illness in the normal course of clinical medical | ||
practice, one of whom shall be a psychiatrist and the other a | ||
primary care or family physician; ,
2 of whom are licensed | ||
clinical psychologists and are full time faculty
members of | ||
accredited colleges or
universities who are engaged in training | ||
clinical psychologists ; , and one of
whom is a public member who | ||
is not a licensed health care provider. In
appointing members | ||
of the Board, the Secretary shall give due
consideration to the | ||
adequate representation of the various fields of
health care | ||
psychology such as clinical psychology, school psychology and
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counseling psychology. In appointing members of the Board,
the | ||
Secretary
shall give due consideration to recommendations by | ||
members of the
profession of clinical psychology and by the | ||
State-wide organizations
representing the interests of | ||
clinical psychologists and organizations
representing the | ||
interests of academic programs as well as recommendations
by | ||
approved doctoral level psychology programs in the State of | ||
Illinois , and, with respect to the 2 physician members of the | ||
Board, the Secretary shall give due consideration to | ||
recommendations by the Statewide professional associations or | ||
societies representing physicians licensed to practice | ||
medicine in all its branches in Illinois .
The members shall be | ||
appointed for a term of 4 years. No member shall be
eligible to |
serve for more than 2 full terms. Any appointment to fill a
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vacancy shall be for the unexpired portion of the term. A | ||
member appointed
to fill a vacancy for an unexpired term for a | ||
duration of 2 years or more may be reappointed for a maximum of | ||
one term and a member appointed to fill a vacancy for an | ||
unexpired term for a duration of less than 2 years may be | ||
reappointed for a maximum of 2 terms. The Secretary
may remove | ||
any member for cause at any time prior to
the expiration of his | ||
or her term. | ||
The 2 initial appointees to the Board who are licensed
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prescribing psychologists may hold a medical or prescription
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license issued by another state so long as the license is | ||
deemed by the Secretary to be substantially equivalent to a | ||
prescribing psychologist license under this Act and so long as | ||
the appointees also maintain an Illinois clinical psychologist | ||
license. Such initial appointees shall serve on the Board until | ||
the Department adopts rules necessary to implement licensure | ||
under Section 4.2 of this Act. | ||
The Board shall annually elect one of its members as
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chairperson and vice chairperson. | ||
The members of the Board shall be reimbursed for all
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authorized legitimate and
necessary expenses incurred in | ||
attending the meetings of the Board. | ||
The Secretary shall give due consideration to all | ||
recommendations of the
Board. In the event the Secretary | ||
disagrees with or takes
action
contrary to the recommendation |
of the Board, he or she
shall provide the
Board with a written | ||
and specific explanation of his or
her actions. | ||
The Board may make recommendations on all matters relating | ||
to continuing education including the number of hours necessary | ||
for license renewal, waivers for those unable to meet such | ||
requirements and acceptable course content. Such | ||
recommendations shall not impose an undue burden on the | ||
Department or an unreasonable restriction on those seeking | ||
license renewal. | ||
The 2 licensed prescribing psychologist members of the | ||
Board and the 2 physician members of the Board shall only | ||
deliberate and make recommendations related to the licensure | ||
and discipline of prescribing psychologists. Four members | ||
shall constitute a
quorum , except that all deliberations and | ||
recommendations related to the licensure and discipline of | ||
prescribing psychologists shall require a quorum of 6 members . | ||
A quorum is required for all Board decisions. | ||
Members of the Board shall have no liability in any action | ||
based upon any
disciplinary proceeding or other activity | ||
performed in good faith as a member
of the Board. | ||
The Secretary may terminate the appointment of any member | ||
for cause which
in the opinion of the Secretary
reasonably | ||
justifies such termination. | ||
(Source: P.A. 96-1050, eff. 1-1-11.)
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(225 ILCS 15/15) (from Ch. 111, par. 5365)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 15. Disciplinary action; grounds. The Department may | ||
refuse to
issue, refuse to renew, suspend,
or revoke any | ||
license, or may place on probation, censure, reprimand, or
take | ||
other disciplinary action deemed appropriate by the | ||
Department,
including the imposition of fines not to exceed | ||
$10,000 for each violation,
with regard to any license issued | ||
under the provisions of this Act for any
one or a combination | ||
of the following reasons:
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(1) Conviction of, or entry of a plea of guilty or nolo | ||
contendere to, any crime that is a felony under the laws of
| ||
the United
States or any state or territory thereof or that | ||
is a misdemeanor
of which an
essential element is | ||
dishonesty, or any crime that
is
directly
related to the | ||
practice of the profession.
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(2) Gross negligence in the rendering of clinical | ||
psychological
services.
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(3) Using fraud or making any misrepresentation in | ||
applying for a license
or in passing the examination | ||
provided for in this Act.
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(4) Aiding or abetting or conspiring to aid or abet a | ||
person, not a
clinical psychologist licensed under this | ||
Act, in representing himself or
herself as
so licensed or | ||
in applying for a license under this Act.
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(5) Violation of any provision of this Act or the rules | ||
promulgated
thereunder.
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(6) Professional connection or association with any | ||
person, firm,
association, partnership or corporation | ||
holding himself, herself,
themselves, or
itself out in any | ||
manner contrary to this Act.
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(7) Unethical, unauthorized or unprofessional conduct | ||
as defined by rule.
In establishing those rules, the | ||
Department shall consider, though is not
bound by, the | ||
ethical standards for psychologists promulgated by | ||
recognized
national psychology associations.
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(8) Aiding or assisting another person in violating any | ||
provisions of this
Act or the rules promulgated thereunder.
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(9) Failing to provide, within 60 days, information in | ||
response to a
written request made by the Department.
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(10) Habitual or excessive use or addiction to alcohol, | ||
narcotics,
stimulants, or any other chemical agent or drug | ||
that results in a
clinical
psychologist's inability to | ||
practice with reasonable judgment, skill or
safety.
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(11) Discipline by another state, territory, the | ||
District of Columbia or
foreign country, if at least one of | ||
the grounds for the discipline is the
same or substantially | ||
equivalent to those set forth herein.
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(12) Directly or indirectly giving or receiving from | ||
any person, firm,
corporation, association or partnership | ||
any fee, commission, rebate, or
other form of compensation | ||
for any professional service not actually or
personally | ||
rendered. Nothing in this paragraph (12) affects any bona |
fide independent contractor or employment arrangements | ||
among health care professionals, health facilities, health | ||
care providers, or other entities, except as otherwise | ||
prohibited by law. Any employment arrangements may include | ||
provisions for compensation, health insurance, pension, or | ||
other employment benefits for the provision of services | ||
within the scope of the licensee's practice under this Act. | ||
Nothing in this paragraph (12) shall be construed to | ||
require an employment arrangement to receive professional | ||
fees for services rendered.
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(13) A finding by the Board that the licensee, after
| ||
having his or her
license placed on probationary status has | ||
violated the terms of
probation.
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(14) Willfully making or filing false records or | ||
reports, including but
not limited to, false records or | ||
reports filed with State agencies or
departments.
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(15) Physical illness, including but not limited to, | ||
deterioration through
the aging process, mental illness or | ||
disability that results in
the inability to practice the | ||
profession
with reasonable judgment, skill and safety.
| ||
(16) Willfully failing to report an instance of | ||
suspected child abuse or
neglect as required by the Abused | ||
and Neglected Child Reporting Act.
| ||
(17) Being named as a perpetrator in an indicated | ||
report by the Department
of Children and Family Services | ||
pursuant to the Abused and Neglected Child
Reporting Act, |
and upon proof by clear and convincing evidence that the
| ||
licensee has caused a child to be an abused child or | ||
neglected child as defined
in the Abused and Neglected | ||
Child Reporting Act.
| ||
(18) Violation of the Health Care Worker Self-Referral | ||
Act.
| ||
(19) Making a material misstatement in furnishing | ||
information to the
Department, any other State or federal | ||
agency, or any other entity.
| ||
(20) Failing to report to the Department any adverse | ||
judgment, settlement, or award arising from a liability | ||
claim related to an act or conduct similar to an act or | ||
conduct that would constitute grounds for action as set | ||
forth in this Section. | ||
(21) Failing to report to the Department any adverse | ||
final action taken against a licensee or applicant by | ||
another licensing jurisdiction, including any other state | ||
or territory of the United States or any foreign state or | ||
country, or any peer review body, health care institution, | ||
professional society or association related to the | ||
profession, governmental agency, law enforcement agency, | ||
or court for an act or conduct similar to an act or conduct | ||
that would constitute grounds for disciplinary action as | ||
set forth in this Section.
| ||
(22) Prescribing, selling, administering, | ||
distributing, giving, or self-administering (A) any drug |
classified as a controlled substance (designated product) | ||
for other than medically accepted therapeutic purposes or | ||
(B) any narcotic drug. | ||
(23) Violating state or federal laws or regulations | ||
relating to controlled substances, legend drugs, or | ||
ephedra as defined in the Ephedra Prohibition Act. | ||
(24) Exceeding the terms of a collaborative agreement | ||
or the prescriptive authority delegated to a licensee by | ||
his or her collaborating physician or established under a | ||
written collaborative agreement. | ||
The entry of an order by any circuit court establishing | ||
that any person
holding a license under this Act is subject to | ||
involuntary admission or
judicial admission as provided for in | ||
the Mental Health and Developmental
Disabilities Code, | ||
operates as an automatic suspension of that license. That
| ||
person may have his or her license restored only upon the | ||
determination by
a circuit
court that the patient is no longer | ||
subject to involuntary admission or
judicial admission and the | ||
issuance of an order so finding and discharging the
patient and | ||
upon the Board's recommendation to the
Department that the
| ||
license be restored. Where the circumstances so indicate, the | ||
Board may
recommend to the Department that it require an | ||
examination prior to restoring
any license so automatically | ||
suspended.
| ||
The Department may refuse to issue or may suspend the | ||
license of any person
who fails to file a return, or to pay the |
tax, penalty or interest shown in
a filed return, or to pay any | ||
final assessment of the tax penalty or
interest, as required by | ||
any tax Act administered by the Illinois
Department of Revenue, | ||
until such time as the requirements of any such tax
Act are | ||
satisfied.
| ||
In enforcing this Section, the Board upon a showing of a | ||
possible
violation may compel any person licensed to practice | ||
under this Act, or
who has applied for licensure or | ||
certification pursuant to this Act, to submit
to a mental or | ||
physical examination, or both, as required by and at the | ||
expense
of the Department. The examining physicians or clinical | ||
psychologists
shall be those specifically designated by the | ||
Board.
The Board or the Department may order the examining | ||
physician or clinical
psychologist to present testimony | ||
concerning this mental or physical
examination
of the licensee | ||
or applicant. No information shall be excluded by reason of
any | ||
common law or statutory privilege relating to communications | ||
between the
licensee or applicant and the examining physician | ||
or clinical psychologist.
The person to be examined may have, | ||
at his or her own expense, another
physician or clinical | ||
psychologist of his or her choice present during all
aspects of | ||
the examination. Failure of any person to submit to a mental or
| ||
physical examination, when directed, shall be grounds for | ||
suspension of a
license until the person submits to the | ||
examination if the Board finds,
after notice and hearing, that | ||
the refusal to submit to the examination was
without reasonable |
cause.
| ||
If the Board finds a person unable to practice because of | ||
the reasons
set forth in this Section, the Board may require | ||
that person to submit to
care, counseling or treatment by | ||
physicians or clinical psychologists approved
or designated by | ||
the Board, as a condition, term, or restriction for continued,
| ||
reinstated, or
renewed licensure to practice; or, in lieu of | ||
care, counseling or treatment,
the
Board may recommend to the | ||
Department to file a complaint to immediately
suspend, revoke | ||
or otherwise discipline the license of the person.
Any person | ||
whose
license was granted, continued, reinstated, renewed, | ||
disciplined or supervised
subject to such terms, conditions or | ||
restrictions, and who fails to comply with
such terms, | ||
conditions or restrictions, shall be referred to the Secretary | ||
for a
determination as to whether the person shall have his or | ||
her license
suspended immediately, pending a hearing by the | ||
Board.
| ||
In instances in which the Secretary immediately suspends a | ||
person's license
under this Section, a hearing on that person's | ||
license must be convened by
the Board within 15 days after the | ||
suspension and completed without appreciable
delay.
The Board | ||
shall have the authority to review the subject person's record | ||
of
treatment and counseling regarding the impairment, to the | ||
extent permitted by
applicable federal statutes and | ||
regulations safeguarding the confidentiality of
medical | ||
records.
|
A person licensed under this Act and affected under this | ||
Section shall
be
afforded an opportunity to demonstrate to the | ||
Board that he or she can resume
practice in compliance with | ||
acceptable and prevailing standards under the
provisions of his | ||
or her license.
| ||
(Source: P.A. 96-1482, eff. 11-29-10.)
| ||
Section 10. The Medical Practice Act of 1987 is amended by | ||
changing Sections 22 and 54.5 as follows:
| ||
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||
(Section scheduled to be repealed on December 31, 2014)
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Sec. 22. Disciplinary action.
| ||
(A) The Department may revoke, suspend, place on probation, | ||
reprimand, refuse to issue or renew, or take any other | ||
disciplinary or non-disciplinary action as the Department may | ||
deem proper
with regard to the license or permit of any person | ||
issued
under this Act to practice medicine, or a chiropractic | ||
physician, including imposing fines not to exceed $10,000 for | ||
each violation, upon any of the following grounds:
| ||
(1) Performance of an elective abortion in any place, | ||
locale,
facility, or
institution other than:
| ||
(a) a facility licensed pursuant to the Ambulatory | ||
Surgical Treatment
Center Act;
| ||
(b) an institution licensed under the Hospital | ||
Licensing Act;
|
(c) an ambulatory surgical treatment center or | ||
hospitalization or care
facility maintained by the | ||
State or any agency thereof, where such department
or | ||
agency has authority under law to establish and enforce | ||
standards for the
ambulatory surgical treatment | ||
centers, hospitalization, or care facilities
under its | ||
management and control;
| ||
(d) ambulatory surgical treatment centers, | ||
hospitalization or care
facilities maintained by the | ||
Federal Government; or
| ||
(e) ambulatory surgical treatment centers, | ||
hospitalization or care
facilities maintained by any | ||
university or college established under the laws
of | ||
this State and supported principally by public funds | ||
raised by
taxation.
| ||
(2) Performance of an abortion procedure in a wilful | ||
and wanton
manner on a
woman who was not pregnant at the | ||
time the abortion procedure was
performed.
| ||
(3) A plea of guilty or nolo contendere, finding of | ||
guilt, jury verdict, or entry of judgment or sentencing, | ||
including, but not limited to, convictions, preceding | ||
sentences of supervision, conditional discharge, or first | ||
offender probation, under the laws of any jurisdiction of | ||
the United States of any crime that is a felony.
| ||
(4) Gross negligence in practice under this Act.
| ||
(5) Engaging in dishonorable, unethical or |
unprofessional
conduct of a
character likely to deceive, | ||
defraud or harm the public.
| ||
(6) Obtaining any fee by fraud, deceit, or
| ||
misrepresentation.
| ||
(7) Habitual or excessive use or abuse of drugs defined | ||
in law
as
controlled substances, of alcohol, or of any | ||
other substances which results in
the inability to practice | ||
with reasonable judgment, skill or safety.
| ||
(8) Practicing under a false or, except as provided by | ||
law, an
assumed
name.
| ||
(9) Fraud or misrepresentation in applying for, or | ||
procuring, a
license
under this Act or in connection with | ||
applying for renewal of a license under
this Act.
| ||
(10) Making a false or misleading statement regarding | ||
their
skill or the
efficacy or value of the medicine, | ||
treatment, or remedy prescribed by them at
their direction | ||
in the treatment of any disease or other condition of the | ||
body
or mind.
| ||
(11) Allowing another person or organization to use | ||
their
license, procured
under this Act, to practice.
| ||
(12) Disciplinary action of another state or | ||
jurisdiction
against a license
or other authorization to | ||
practice as a medical doctor, doctor of osteopathy,
doctor | ||
of osteopathic medicine or
doctor of chiropractic, a | ||
certified copy of the record of the action taken by
the | ||
other state or jurisdiction being prima facie evidence |
thereof.
| ||
(13) Violation of any provision of this Act or of the | ||
Medical
Practice Act
prior to the repeal of that Act, or | ||
violation of the rules, or a final
administrative action of | ||
the Secretary, after consideration of the
recommendation | ||
of the Disciplinary Board.
| ||
(14) Violation of the prohibition against fee | ||
splitting in Section 22.2 of this Act.
| ||
(15) A finding by the Disciplinary Board that the
| ||
registrant after
having his or her license placed on | ||
probationary status or subjected to
conditions or | ||
restrictions violated the terms of the probation or failed | ||
to
comply with such terms or conditions.
| ||
(16) Abandonment of a patient.
| ||
(17) Prescribing, selling, administering, | ||
distributing, giving
or
self-administering any drug | ||
classified as a controlled substance (designated
product) | ||
or narcotic for other than medically accepted therapeutic
| ||
purposes.
| ||
(18) Promotion of the sale of drugs, devices, | ||
appliances or
goods provided
for a patient in such manner | ||
as to exploit the patient for financial gain of
the | ||
physician.
| ||
(19) Offering, undertaking or agreeing to cure or treat
| ||
disease by a secret
method, procedure, treatment or | ||
medicine, or the treating, operating or
prescribing for any |
human condition by a method, means or procedure which the
| ||
licensee refuses to divulge upon demand of the Department.
| ||
(20) Immoral conduct in the commission of any act | ||
including,
but not limited to, commission of an act of | ||
sexual misconduct related to the
licensee's
practice.
| ||
(21) Wilfully making or filing false records or reports | ||
in his
or her
practice as a physician, including, but not | ||
limited to, false records to
support claims against the | ||
medical assistance program of the Department of Healthcare | ||
and Family Services (formerly Department of
Public Aid)
| ||
under the Illinois Public Aid Code.
| ||
(22) Wilful omission to file or record, or wilfully | ||
impeding
the filing or
recording, or inducing another | ||
person to omit to file or record, medical
reports as | ||
required by law, or wilfully failing to report an instance | ||
of
suspected abuse or neglect as required by law.
| ||
(23) Being named as a perpetrator in an indicated | ||
report by
the Department
of Children and Family Services | ||
under the Abused and Neglected Child Reporting
Act, and | ||
upon proof by clear and convincing evidence that the | ||
licensee has
caused a child to be an abused child or | ||
neglected child as defined in the
Abused and Neglected | ||
Child Reporting Act.
| ||
(24) Solicitation of professional patronage by any
| ||
corporation, agents or
persons, or profiting from those | ||
representing themselves to be agents of the
licensee.
|
(25) Gross and wilful and continued overcharging for
| ||
professional services,
including filing false statements | ||
for collection of fees for which services are
not rendered, | ||
including, but not limited to, filing such false statements | ||
for
collection of monies for services not rendered from the | ||
medical assistance
program of the Department of Healthcare | ||
and Family Services (formerly Department of Public Aid)
| ||
under the Illinois Public Aid
Code.
| ||
(26) A pattern of practice or other behavior which
| ||
demonstrates
incapacity
or incompetence to practice under | ||
this Act.
| ||
(27) Mental illness or disability which results in the
| ||
inability to
practice under this Act with reasonable | ||
judgment, skill or safety.
| ||
(28) Physical illness, including, but not limited to,
| ||
deterioration through
the aging process, or loss of motor | ||
skill which results in a physician's
inability to practice | ||
under this Act with reasonable judgment, skill or
safety.
| ||
(29) Cheating on or attempt to subvert the licensing
| ||
examinations
administered under this Act.
| ||
(30) Wilfully or negligently violating the | ||
confidentiality
between
physician and patient except as | ||
required by law.
| ||
(31) The use of any false, fraudulent, or deceptive | ||
statement
in any
document connected with practice under | ||
this Act.
|
(32) Aiding and abetting an individual not licensed | ||
under this
Act in the
practice of a profession licensed | ||
under this Act.
| ||
(33) Violating state or federal laws or regulations | ||
relating
to controlled
substances, legend
drugs, or | ||
ephedra as defined in the Ephedra Prohibition Act.
| ||
(34) Failure to report to the Department any adverse | ||
final
action taken
against them by another licensing | ||
jurisdiction (any other state or any
territory of the | ||
United States or any foreign state or country), by any peer
| ||
review body, by any health care institution, by any | ||
professional society or
association related to practice | ||
under this Act, by any governmental agency, by
any law | ||
enforcement agency, or by any court for acts or conduct | ||
similar to acts
or conduct which would constitute grounds | ||
for action as defined in this
Section.
| ||
(35) Failure to report to the Department surrender of a
| ||
license or
authorization to practice as a medical doctor, a | ||
doctor of osteopathy, a
doctor of osteopathic medicine, or | ||
doctor
of chiropractic in another state or jurisdiction, or | ||
surrender of membership on
any medical staff or in any | ||
medical or professional association or society,
while | ||
under disciplinary investigation by any of those | ||
authorities or bodies,
for acts or conduct similar to acts | ||
or conduct which would constitute grounds
for action as | ||
defined in this Section.
|
(36) Failure to report to the Department any adverse | ||
judgment,
settlement,
or award arising from a liability | ||
claim related to acts or conduct similar to
acts or conduct | ||
which would constitute grounds for action as defined in | ||
this
Section.
| ||
(37) Failure to provide copies of medical records as | ||
required
by law.
| ||
(38) Failure to furnish the Department, its | ||
investigators or
representatives, relevant information, | ||
legally requested by the Department
after consultation | ||
with the Chief Medical Coordinator or the Deputy Medical
| ||
Coordinator.
| ||
(39) Violating the Health Care Worker Self-Referral
| ||
Act.
| ||
(40) Willful failure to provide notice when notice is | ||
required
under the
Parental Notice of Abortion Act of 1995.
| ||
(41) Failure to establish and maintain records of | ||
patient care and
treatment as required by this law.
| ||
(42) Entering into an excessive number of written | ||
collaborative
agreements with licensed advanced practice | ||
nurses resulting in an inability to
adequately | ||
collaborate.
| ||
(43) Repeated failure to adequately collaborate with a | ||
licensed advanced practice nurse. | ||
(44) Violating the Compassionate Use of Medical | ||
Cannabis Pilot Program Act.
|
(45) Entering into an excessive number of written | ||
collaborative agreements with licensed prescribing | ||
psychologists resulting in an inability to adequately | ||
collaborate. | ||
(46) Repeated failure to adequately collaborate with a | ||
licensed prescribing psychologist. | ||
Except
for actions involving the ground numbered (26), all | ||
proceedings to suspend,
revoke, place on probationary status, | ||
or take any
other disciplinary action as the Department may | ||
deem proper, with regard to a
license on any of the foregoing | ||
grounds, must be commenced within 5 years next
after receipt by | ||
the Department of a complaint alleging the commission of or
| ||
notice of the conviction order for any of the acts described | ||
herein. Except
for the grounds numbered (8), (9), (26), and | ||
(29), no action shall be commenced more
than 10 years after the | ||
date of the incident or act alleged to have violated
this | ||
Section. For actions involving the ground numbered (26), a | ||
pattern of practice or other behavior includes all incidents | ||
alleged to be part of the pattern of practice or other behavior | ||
that occurred, or a report pursuant to Section 23 of this Act | ||
received, within the 10-year period preceding the filing of the | ||
complaint. In the event of the settlement of any claim or cause | ||
of action
in favor of the claimant or the reduction to final | ||
judgment of any civil action
in favor of the plaintiff, such | ||
claim, cause of action or civil action being
grounded on the | ||
allegation that a person licensed under this Act was negligent
|
in providing care, the Department shall have an additional | ||
period of 2 years
from the date of notification to the | ||
Department under Section 23 of this Act
of such settlement or | ||
final judgment in which to investigate and
commence formal | ||
disciplinary proceedings under Section 36 of this Act, except
| ||
as otherwise provided by law. The time during which the holder | ||
of the license
was outside the State of Illinois shall not be | ||
included within any period of
time limiting the commencement of | ||
disciplinary action by the Department.
| ||
The entry of an order or judgment by any circuit court | ||
establishing that any
person holding a license under this Act | ||
is a person in need of mental treatment
operates as a | ||
suspension of that license. That person may resume their
| ||
practice only upon the entry of a Departmental order based upon | ||
a finding by
the Disciplinary Board that they have been | ||
determined to be recovered
from mental illness by the court and | ||
upon the Disciplinary Board's
recommendation that they be | ||
permitted to resume their practice.
| ||
The Department may refuse to issue or take disciplinary | ||
action concerning the license of any person
who fails to file a | ||
return, or to pay the tax, penalty or interest shown in a
filed | ||
return, or to pay any final assessment of tax, penalty or | ||
interest, as
required by any tax Act administered by the | ||
Illinois Department of Revenue,
until such time as the | ||
requirements of any such tax Act are satisfied as
determined by | ||
the Illinois Department of Revenue.
|
The Department, upon the recommendation of the | ||
Disciplinary Board, shall
adopt rules which set forth standards | ||
to be used in determining:
| ||
(a) when a person will be deemed sufficiently | ||
rehabilitated to warrant the
public trust;
| ||
(b) what constitutes dishonorable, unethical or | ||
unprofessional conduct of
a character likely to deceive, | ||
defraud, or harm the public;
| ||
(c) what constitutes immoral conduct in the commission | ||
of any act,
including, but not limited to, commission of an | ||
act of sexual misconduct
related
to the licensee's | ||
practice; and
| ||
(d) what constitutes gross negligence in the practice | ||
of medicine.
| ||
However, no such rule shall be admissible into evidence in | ||
any civil action
except for review of a licensing or other | ||
disciplinary action under this Act.
| ||
In enforcing this Section, the Disciplinary Board or the | ||
Licensing Board,
upon a showing of a possible violation, may | ||
compel, in the case of the Disciplinary Board, any individual | ||
who is licensed to
practice under this Act or holds a permit to | ||
practice under this Act, or, in the case of the Licensing | ||
Board, any individual who has applied for licensure or a permit
| ||
pursuant to this Act, to submit to a mental or physical | ||
examination and evaluation, or both,
which may include a | ||
substance abuse or sexual offender evaluation, as required by |
the Licensing Board or Disciplinary Board and at the expense of | ||
the Department. The Disciplinary Board or Licensing Board shall | ||
specifically designate the examining physician licensed to | ||
practice medicine in all of its branches or, if applicable, the | ||
multidisciplinary team involved in providing the mental or | ||
physical examination and evaluation, or both. The | ||
multidisciplinary team shall be led by a physician licensed to | ||
practice medicine in all of its branches and may consist of one | ||
or more or a combination of physicians licensed to practice | ||
medicine in all of its branches, licensed chiropractic | ||
physicians, licensed clinical psychologists, licensed clinical | ||
social workers, licensed clinical professional counselors, and | ||
other professional and administrative staff. Any examining | ||
physician or member of the multidisciplinary team may require | ||
any person ordered to submit to an examination and evaluation | ||
pursuant to this Section to submit to any additional | ||
supplemental testing deemed necessary to complete any | ||
examination or evaluation process, including, but not limited | ||
to, blood testing, urinalysis, psychological testing, or | ||
neuropsychological testing.
The Disciplinary Board, the | ||
Licensing Board, or the Department may order the examining
| ||
physician or any member of the multidisciplinary team to | ||
provide to the Department, the Disciplinary Board, or the | ||
Licensing Board any and all records, including business | ||
records, that relate to the examination and evaluation, | ||
including any supplemental testing performed. The Disciplinary |
Board, the Licensing Board, or the Department may order the | ||
examining physician or any member of the multidisciplinary team | ||
to present testimony concerning this examination
and | ||
evaluation of the licensee, permit holder, or applicant, | ||
including testimony concerning any supplemental testing or | ||
documents relating to the examination and evaluation. No | ||
information, report, record, or other documents in any way | ||
related to the examination and evaluation shall be excluded by | ||
reason of
any common
law or statutory privilege relating to | ||
communication between the licensee or
applicant and
the | ||
examining physician or any member of the multidisciplinary | ||
team.
No authorization is necessary from the licensee, permit | ||
holder, or applicant ordered to undergo an evaluation and | ||
examination for the examining physician or any member of the | ||
multidisciplinary team to provide information, reports, | ||
records, or other documents or to provide any testimony | ||
regarding the examination and evaluation. The individual to be | ||
examined may have, at his or her own expense, another
physician | ||
of his or her choice present during all aspects of the | ||
examination.
Failure of any individual to submit to mental or | ||
physical examination and evaluation, or both, when
directed, | ||
shall result in an automatic suspension, without hearing, until | ||
such time
as the individual submits to the examination. If the | ||
Disciplinary Board finds a physician unable
to practice because | ||
of the reasons set forth in this Section, the Disciplinary
| ||
Board shall require such physician to submit to care, |
counseling, or treatment
by physicians approved or designated | ||
by the Disciplinary Board, as a condition
for continued, | ||
reinstated, or renewed licensure to practice. Any physician,
| ||
whose license was granted pursuant to Sections 9, 17, or 19 of | ||
this Act, or,
continued, reinstated, renewed, disciplined or | ||
supervised, subject to such
terms, conditions or restrictions | ||
who shall fail to comply with such terms,
conditions or | ||
restrictions, or to complete a required program of care,
| ||
counseling, or treatment, as determined by the Chief Medical | ||
Coordinator or
Deputy Medical Coordinators, shall be referred | ||
to the Secretary for a
determination as to whether the licensee | ||
shall have their license suspended
immediately, pending a | ||
hearing by the Disciplinary Board. In instances in
which the | ||
Secretary immediately suspends a license under this Section, a | ||
hearing
upon such person's license must be convened by the | ||
Disciplinary Board within 15
days after such suspension and | ||
completed without appreciable delay. The
Disciplinary Board | ||
shall have the authority to review the subject physician's
| ||
record of treatment and counseling regarding the impairment, to | ||
the extent
permitted by applicable federal statutes and | ||
regulations safeguarding the
confidentiality of medical | ||
records.
| ||
An individual licensed under this Act, affected under this | ||
Section, shall be
afforded an opportunity to demonstrate to the | ||
Disciplinary Board that they can
resume practice in compliance | ||
with acceptable and prevailing standards under
the provisions |
of their license.
| ||
The Department may promulgate rules for the imposition of | ||
fines in
disciplinary cases, not to exceed
$10,000 for each | ||
violation of this Act. Fines
may be imposed in conjunction with | ||
other forms of disciplinary action, but
shall not be the | ||
exclusive disposition of any disciplinary action arising out
of | ||
conduct resulting in death or injury to a patient. Any funds | ||
collected from
such fines shall be deposited in the Medical | ||
Disciplinary Fund.
| ||
All fines imposed under this Section shall be paid within | ||
60 days after the effective date of the order imposing the fine | ||
or in accordance with the terms set forth in the order imposing | ||
the fine. | ||
(B) The Department shall revoke the license or
permit | ||
issued under this Act to practice medicine or a chiropractic | ||
physician who
has been convicted a second time of committing | ||
any felony under the
Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act, or who | ||
has been convicted a second time of
committing a Class 1 felony | ||
under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||
person whose license or permit is revoked
under
this subsection | ||
B shall be prohibited from practicing
medicine or treating | ||
human ailments without the use of drugs and without
operative | ||
surgery.
| ||
(C) The Disciplinary Board shall recommend to the
| ||
Department civil
penalties and any other appropriate |
discipline in disciplinary cases when the
Board finds that a | ||
physician willfully performed an abortion with actual
| ||
knowledge that the person upon whom the abortion has been | ||
performed is a minor
or an incompetent person without notice as | ||
required under the Parental Notice
of Abortion Act of 1995. | ||
Upon the Board's recommendation, the Department shall
impose, | ||
for the first violation, a civil penalty of $1,000 and for a | ||
second or
subsequent violation, a civil penalty of $5,000.
| ||
(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13.)
| ||
(225 ILCS 60/54.5)
| ||
(Section scheduled to be repealed on December 31, 2014)
| ||
Sec. 54.5. Physician delegation of authority to physician | ||
assistants , and advanced practice nurses , and prescribing | ||
psychologists .
| ||
(a) Physicians licensed to practice medicine in all its
| ||
branches may delegate care and treatment responsibilities to a
| ||
physician assistant under guidelines in accordance with the
| ||
requirements of the Physician Assistant Practice Act of
1987. A | ||
physician licensed to practice medicine in all its
branches may | ||
enter into supervising physician agreements with
no more than 5 | ||
physician assistants as set forth in subsection (a) of Section | ||
7 of the Physician Assistant Practice Act of 1987.
| ||
(b) A physician licensed to practice medicine in all its
| ||
branches in active clinical practice may collaborate with an | ||
advanced practice
nurse in accordance with the requirements of |
the Nurse Practice Act. Collaboration
is for the purpose of | ||
providing medical consultation,
and no employment relationship | ||
is required. A
written collaborative agreement shall
conform to | ||
the requirements of Section 65-35 of the Nurse Practice Act. | ||
The written collaborative agreement shall
be for
services the | ||
collaborating physician generally provides or may provide in
| ||
his or her clinical medical practice.
A written collaborative | ||
agreement shall be adequate with respect to collaboration
with | ||
advanced practice nurses if all of the following apply:
| ||
(1) The agreement is written to promote the exercise of | ||
professional judgment by the advanced practice nurse | ||
commensurate with his or her education and experience. The | ||
agreement need not describe the exact steps that an | ||
advanced practice nurse must take with respect to each | ||
specific condition, disease, or symptom, but must specify | ||
those procedures that require a physician's presence as the | ||
procedures are being performed.
| ||
(2) Practice guidelines and orders are developed and | ||
approved jointly by the advanced practice nurse and | ||
collaborating physician, as needed, based on the practice | ||
of the practitioners. Such guidelines and orders and the | ||
patient services provided thereunder are periodically | ||
reviewed by the collaborating physician.
| ||
(3) The advance practice nurse provides services the | ||
collaborating physician generally provides or may provide | ||
in his or her clinical medical practice, except as set |
forth in subsection (b-5) of this Section. With respect to | ||
labor and delivery, the collaborating physician must | ||
provide delivery services in order to participate with a | ||
certified nurse midwife. | ||
(4) The collaborating physician and advanced practice | ||
nurse consult at least once a month to provide | ||
collaboration and consultation. | ||
(5) Methods of communication are available with the | ||
collaborating physician in person or through | ||
telecommunications for consultation, collaboration, and | ||
referral as needed to address patient care needs. | ||
(6) The agreement contains provisions detailing notice | ||
for termination or change of status involving a written | ||
collaborative agreement, except when such notice is given | ||
for just cause.
| ||
(b-5) An anesthesiologist or physician licensed to | ||
practice medicine in
all its branches may collaborate with a | ||
certified registered nurse anesthetist
in accordance with | ||
Section 65-35 of the Nurse Practice Act for the provision of | ||
anesthesia services. With respect to the provision of | ||
anesthesia services, the collaborating anesthesiologist or | ||
physician shall have training and experience in the delivery of | ||
anesthesia services consistent with Department rules. | ||
Collaboration shall be
adequate if:
| ||
(1) an anesthesiologist or a physician
participates in | ||
the joint formulation and joint approval of orders or
|
guidelines and periodically reviews such orders and the | ||
services provided
patients under such orders; and
| ||
(2) for anesthesia services, the anesthesiologist
or | ||
physician participates through discussion of and agreement | ||
with the
anesthesia plan and is physically present and | ||
available on the premises during
the delivery of anesthesia | ||
services for
diagnosis, consultation, and treatment of | ||
emergency medical conditions.
Anesthesia services in a | ||
hospital shall be conducted in accordance with
Section 10.7 | ||
of the Hospital Licensing Act and in an ambulatory surgical
| ||
treatment center in accordance with Section 6.5 of the | ||
Ambulatory Surgical
Treatment Center Act.
| ||
(b-10) The anesthesiologist or operating physician must | ||
agree with the
anesthesia plan prior to the delivery of | ||
services.
| ||
(c) The supervising physician shall have access to the
| ||
medical records of all patients attended by a physician
| ||
assistant. The collaborating physician shall have access to
the | ||
medical records of all patients attended to by an
advanced | ||
practice nurse.
| ||
(d) (Blank).
| ||
(e) A physician shall not be liable for the acts or
| ||
omissions of a prescribing psychologist, physician assistant , | ||
or advanced practice
nurse solely on the basis of having signed | ||
a
supervision agreement or guidelines or a collaborative
| ||
agreement, an order, a standing medical order, a
standing |
delegation order, or other order or guideline
authorizing a | ||
prescribing psychologist, physician assistant , or advanced | ||
practice
nurse to perform acts, unless the physician has
reason | ||
to believe the prescribing psychologist, physician assistant , | ||
or advanced
practice nurse lacked the competency to perform
the | ||
act or acts or commits willful and wanton misconduct.
| ||
(f) A collaborating physician may, but is not required to, | ||
delegate prescriptive authority to an advanced practice nurse | ||
as part of a written collaborative agreement, and the | ||
delegation of prescriptive authority shall conform to the | ||
requirements of Section 65-40 of the Nurse Practice Act. | ||
(g) A supervising physician may, but is not required to, | ||
delegate prescriptive authority to a physician assistant as | ||
part of a written supervision agreement, and the delegation of | ||
prescriptive authority shall conform to the requirements of | ||
Section 7.5 of the Physician Assistant Practice Act of 1987. | ||
(h) For the purposes of this Section, "generally provides | ||
or may provide in his or her clinical medical practice" means | ||
categories of care or treatment, not specific tasks or duties, | ||
that the physician provides individually or through delegation | ||
to other persons so that the physician has the experience and | ||
ability to provide collaboration and consultation. This | ||
definition shall not be construed to prohibit an advanced | ||
practice nurse from providing primary health treatment or care | ||
within the scope of his or her training and experience, | ||
including, but not limited to, health screenings, patient |
histories, physical examinations, women's health examinations, | ||
or school physicals that may be provided as part of the routine | ||
practice of an advanced practice nurse or on a volunteer basis. | ||
(i) A collaborating physician shall delegate prescriptive | ||
authority to a prescribing psychologist as part of a written | ||
collaborative agreement, and the delegation of prescriptive | ||
authority shall conform to the requirements of Section 4.3 of | ||
the Clinical Psychologist Licensing Act. | ||
(Source: P.A. 97-358, eff. 8-12-11; 97-1071, eff. 8-24-12; | ||
98-192, eff. 1-1-14 .)
| ||
Section 15. The Illinois Controlled Substances Act is | ||
amended by changing Sections 102 and 303.05 as follows: | ||
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||
Sec. 102. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
| ||
(a) "Addict" means any person who habitually uses any drug, | ||
chemical,
substance or dangerous drug other than alcohol so as | ||
to endanger the public
morals, health, safety or welfare or who | ||
is so far addicted to the use of a
dangerous drug or controlled | ||
substance other than alcohol as to have lost
the power of self | ||
control with reference to his or her addiction.
| ||
(b) "Administer" means the direct application of a | ||
controlled
substance, whether by injection, inhalation, | ||
ingestion, or any other
means, to the body of a patient, |
research subject, or animal (as
defined by the Humane | ||
Euthanasia in Animal Shelters Act) by:
| ||
(1) a practitioner (or, in his or her presence, by his | ||
or her authorized agent),
| ||
(2) the patient or research subject pursuant to an | ||
order, or
| ||
(3) a euthanasia technician as defined by the Humane | ||
Euthanasia in
Animal Shelters Act.
| ||
(c) "Agent" means an authorized person who acts on behalf | ||
of or at
the direction of a manufacturer, distributor, | ||
dispenser, prescriber, or practitioner. It does not
include a | ||
common or contract carrier, public warehouseman or employee of
| ||
the carrier or warehouseman.
| ||
(c-1) "Anabolic Steroids" means any drug or hormonal | ||
substance,
chemically and pharmacologically related to | ||
testosterone (other than
estrogens, progestins, | ||
corticosteroids, and dehydroepiandrosterone),
and includes:
| ||
(i) 3[beta],17-dihydroxy-5a-androstane, | ||
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||
(iii) 5[alpha]-androstan-3,17-dione, | ||
(iv) 1-androstenediol (3[beta], | ||
17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||
(v) 1-androstenediol (3[alpha], | ||
17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||
(vi) 4-androstenediol | ||
(3[beta],17[beta]-dihydroxy-androst-4-ene), |
(vii) 5-androstenediol | ||
(3[beta],17[beta]-dihydroxy-androst-5-ene), | ||
(viii) 1-androstenedione | ||
([5alpha]-androst-1-en-3,17-dione), | ||
(ix) 4-androstenedione | ||
(androst-4-en-3,17-dione), | ||
(x) 5-androstenedione | ||
(androst-5-en-3,17-dione), | ||
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xii) boldenone (17[beta]-hydroxyandrost- | ||
1,4,-diene-3-one), | ||
(xiii) boldione (androsta-1,4- | ||
diene-3,17-dione), | ||
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||
[beta]-hydroxyandrost-4-en-3-one), | ||
(xv) clostebol (4-chloro-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xvi) dehydrochloromethyltestosterone (4-chloro- | ||
17[beta]-hydroxy-17[alpha]-methyl- | ||
androst-1,4-dien-3-one), | ||
(xvii) desoxymethyltestosterone | ||
(17[alpha]-methyl-5[alpha] | ||
-androst-2-en-17[beta]-ol)(a.k.a., madol), | ||
(xviii) [delta]1-dihydrotestosterone (a.k.a. | ||
'1-testosterone') (17[beta]-hydroxy- |
5[alpha]-androst-1-en-3-one), | ||
(xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||
androstan-3-one), | ||
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||
5[alpha]-androstan-3-one), | ||
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||
hydroxyestr-4-ene), | ||
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||
1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||
17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||
(xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||
hydroxyandrostano[2,3-c]-furazan), | ||
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | ||
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||
androst-4-en-3-one), | ||
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||
dihydroxy-estr-4-en-3-one), | ||
(xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||
hydroxy-5-androstan-3-one), | ||
(xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||
[5a]-androstan-3-one), | ||
(xxx) methandienone (17[alpha]-methyl-17[beta]- | ||
hydroxyandrost-1,4-dien-3-one), | ||
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||
dihydroxyandrost-5-ene), |
(xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||
5[alpha]-androst-1-en-3-one), | ||
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||
dihydroxy-5a-androstane), | ||
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||
-5a-androstane), | ||
(xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||
dihydroxyandrost-4-ene), | ||
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestra-4,9(10)-dien-3-one), | ||
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestra-4,9-11-trien-3-one), | ||
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||
hydroxyandrost-4-en-3-one), | ||
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||
1-testosterone'), | ||
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||
dihydroxyestr-4-ene), | ||
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- |
dihydroxyestr-4-ene), | ||
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||
dihydroxyestr-5-ene), | ||
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||
dihydroxyestr-5-ene), | ||
(xlvii) 19-nor-4,9(10)-androstadienedione | ||
(estra-4,9(10)-diene-3,17-dione), | ||
(xlviii) 19-nor-4-androstenedione (estr-4- | ||
en-3,17-dione), | ||
(xlix) 19-nor-5-androstenedione (estr-5- | ||
en-3,17-dione), | ||
(l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||
hydroxygon-4-en-3-one), | ||
(li) norclostebol (4-chloro-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||
hydroxyestr-4-en-3-one), | ||
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||
2-oxa-5[alpha]-androstan-3-one), | ||
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||
dihydroxyandrost-4-en-3-one), | ||
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||
17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- |
(5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||
(lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||
(5[alpha]-androst-1-en-3-one), | ||
(lix) testolactone (13-hydroxy-3-oxo-13,17- | ||
secoandrosta-1,4-dien-17-oic | ||
acid lactone), | ||
(lx) testosterone (17[beta]-hydroxyandrost- | ||
4-en-3-one), | ||
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||
diethyl-17[beta]-hydroxygon- | ||
4,9,11-trien-3-one), | ||
(lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||
11-trien-3-one).
| ||
Any person who is otherwise lawfully in possession of an | ||
anabolic
steroid, or who otherwise lawfully manufactures, | ||
distributes, dispenses,
delivers, or possesses with intent to | ||
deliver an anabolic steroid, which
anabolic steroid is | ||
expressly intended for and lawfully allowed to be
administered | ||
through implants to livestock or other nonhuman species, and
| ||
which is approved by the Secretary of Health and Human Services | ||
for such
administration, and which the person intends to | ||
administer or have
administered through such implants, shall | ||
not be considered to be in
unauthorized possession or to | ||
unlawfully manufacture, distribute, dispense,
deliver, or | ||
possess with intent to deliver such anabolic steroid for
| ||
purposes of this Act.
|
(d) "Administration" means the Drug Enforcement | ||
Administration,
United States Department of Justice, or its | ||
successor agency.
| ||
(d-5) "Clinical Director, Prescription Monitoring Program" | ||
means a Department of Human Services administrative employee | ||
licensed to either prescribe or dispense controlled substances | ||
who shall run the clinical aspects of the Department of Human | ||
Services Prescription Monitoring Program and its Prescription | ||
Information Library. | ||
(d-10) "Compounding" means the preparation and mixing of | ||
components, excluding flavorings, (1) as the result of a | ||
prescriber's prescription drug order or initiative based on the | ||
prescriber-patient-pharmacist relationship in the course of | ||
professional practice or (2) for the purpose of, or incident | ||
to, research, teaching, or chemical analysis and not for sale | ||
or dispensing. "Compounding" includes the preparation of drugs | ||
or devices in anticipation of receiving prescription drug | ||
orders based on routine, regularly observed dispensing | ||
patterns. Commercially available products may be compounded | ||
for dispensing to individual patients only if both of the | ||
following conditions are met: (i) the commercial product is not | ||
reasonably available from normal distribution channels in a | ||
timely manner to meet the patient's needs and (ii) the | ||
prescribing practitioner has requested that the drug be | ||
compounded. | ||
(e) "Control" means to add a drug or other substance, or |
immediate
precursor, to a Schedule whether by
transfer from | ||
another Schedule or otherwise.
| ||
(f) "Controlled Substance" means (i) a drug, substance, or | ||
immediate
precursor in the Schedules of Article II of this Act | ||
or (ii) a drug or other substance, or immediate precursor, | ||
designated as a controlled substance by the Department through | ||
administrative rule. The term does not include distilled | ||
spirits, wine, malt beverages, or tobacco, as those terms are
| ||
defined or used in the Liquor Control Act of 1934 and the | ||
Tobacco Products Tax
Act of 1995 .
| ||
(f-5) "Controlled substance analog" means a substance: | ||
(1) the chemical structure of which is substantially | ||
similar to the chemical structure of a controlled substance | ||
in Schedule I or II; | ||
(2) which has a stimulant, depressant, or | ||
hallucinogenic effect on the central nervous system that is | ||
substantially similar to or greater than the stimulant, | ||
depressant, or hallucinogenic effect on the central | ||
nervous system of a controlled substance in Schedule I or | ||
II; or | ||
(3) with respect to a particular person, which such | ||
person represents or intends to have a stimulant, | ||
depressant, or hallucinogenic effect on the central | ||
nervous system that is substantially similar to or greater | ||
than the stimulant, depressant, or hallucinogenic effect | ||
on the central nervous system of a controlled substance in |
Schedule I or II. | ||
(g) "Counterfeit substance" means a controlled substance, | ||
which, or
the container or labeling of which, without | ||
authorization bears the
trademark, trade name, or other | ||
identifying mark, imprint, number or
device, or any likeness | ||
thereof, of a manufacturer, distributor, or
dispenser other | ||
than the person who in fact manufactured, distributed,
or | ||
dispensed the substance.
| ||
(h) "Deliver" or "delivery" means the actual, constructive | ||
or
attempted transfer of possession of a controlled substance, | ||
with or
without consideration, whether or not there is an | ||
agency relationship.
| ||
(i) "Department" means the Illinois Department of Human | ||
Services (as
successor to the Department of Alcoholism and | ||
Substance Abuse) or its successor agency.
| ||
(j) (Blank).
| ||
(k) "Department of Corrections" means the Department of | ||
Corrections
of the State of Illinois or its successor agency.
| ||
(l) "Department of Financial and Professional Regulation" | ||
means the Department
of Financial and Professional Regulation | ||
of the State of Illinois or its successor agency.
| ||
(m) "Depressant" means any drug that (i) causes an overall | ||
depression of central nervous system functions, (ii) causes | ||
impaired consciousness and awareness, and (iii) can be | ||
habit-forming or lead to a substance abuse problem, including | ||
but not limited to alcohol, cannabis and its active principles |
and their analogs, benzodiazepines and their analogs, | ||
barbiturates and their analogs, opioids (natural and | ||
synthetic) and their analogs, and chloral hydrate and similar | ||
sedative hypnotics.
| ||
(n) (Blank).
| ||
(o) "Director" means the Director of the Illinois State | ||
Police or his or her designated agents.
| ||
(p) "Dispense" means to deliver a controlled substance to | ||
an
ultimate user or research subject by or pursuant to the | ||
lawful order of
a prescriber, including the prescribing, | ||
administering, packaging,
labeling, or compounding necessary | ||
to prepare the substance for that
delivery.
| ||
(q) "Dispenser" means a practitioner who dispenses.
| ||
(r) "Distribute" means to deliver, other than by | ||
administering or
dispensing, a controlled substance.
| ||
(s) "Distributor" means a person who distributes.
| ||
(t) "Drug" means (1) substances recognized as drugs in the | ||
official
United States Pharmacopoeia, Official Homeopathic | ||
Pharmacopoeia of the
United States, or official National | ||
Formulary, or any supplement to any
of them; (2) substances | ||
intended for use in diagnosis, cure, mitigation,
treatment, or | ||
prevention of disease in man or animals; (3) substances
(other | ||
than food) intended to affect the structure of any function of
| ||
the body of man or animals and (4) substances intended for use | ||
as a
component of any article specified in clause (1), (2), or | ||
(3) of this
subsection. It does not include devices or their |
components, parts, or
accessories.
| ||
(t-5) "Euthanasia agency" means
an entity certified by the | ||
Department of Financial and Professional Regulation for the
| ||
purpose of animal euthanasia that holds an animal control | ||
facility license or
animal
shelter license under the Animal | ||
Welfare Act. A euthanasia agency is
authorized to purchase, | ||
store, possess, and utilize Schedule II nonnarcotic and
| ||
Schedule III nonnarcotic drugs for the sole purpose of animal | ||
euthanasia.
| ||
(t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||
substances
(nonnarcotic controlled substances) that are used | ||
by a euthanasia agency for
the purpose of animal euthanasia.
| ||
(u) "Good faith" means the prescribing or dispensing of a | ||
controlled
substance by a practitioner in the regular course of | ||
professional
treatment to or for any person who is under his or | ||
her treatment for a
pathology or condition other than that | ||
individual's physical or
psychological dependence upon or | ||
addiction to a controlled substance,
except as provided herein: | ||
and application of the term to a pharmacist
shall mean the | ||
dispensing of a controlled substance pursuant to the
| ||
prescriber's order which in the professional judgment of the | ||
pharmacist
is lawful. The pharmacist shall be guided by | ||
accepted professional
standards including, but not limited to | ||
the following, in making the
judgment:
| ||
(1) lack of consistency of prescriber-patient | ||
relationship,
|
(2) frequency of prescriptions for same drug by one | ||
prescriber for
large numbers of patients,
| ||
(3) quantities beyond those normally prescribed,
| ||
(4) unusual dosages (recognizing that there may be | ||
clinical circumstances where more or less than the usual | ||
dose may be used legitimately),
| ||
(5) unusual geographic distances between patient, | ||
pharmacist and
prescriber,
| ||
(6) consistent prescribing of habit-forming drugs.
| ||
(u-0.5) "Hallucinogen" means a drug that causes markedly | ||
altered sensory perception leading to hallucinations of any | ||
type. | ||
(u-1) "Home infusion services" means services provided by a | ||
pharmacy in
compounding solutions for direct administration to | ||
a patient in a private
residence, long-term care facility, or | ||
hospice setting by means of parenteral,
intravenous, | ||
intramuscular, subcutaneous, or intraspinal infusion.
| ||
(u-5) "Illinois State Police" means the State
Police of the | ||
State of Illinois, or its successor agency. | ||
(v) "Immediate precursor" means a substance:
| ||
(1) which the Department has found to be and by rule | ||
designated as
being a principal compound used, or produced | ||
primarily for use, in the
manufacture of a controlled | ||
substance;
| ||
(2) which is an immediate chemical intermediary used or | ||
likely to
be used in the manufacture of such controlled |
substance; and
| ||
(3) the control of which is necessary to prevent, | ||
curtail or limit
the manufacture of such controlled | ||
substance.
| ||
(w) "Instructional activities" means the acts of teaching, | ||
educating
or instructing by practitioners using controlled | ||
substances within
educational facilities approved by the State | ||
Board of Education or
its successor agency.
| ||
(x) "Local authorities" means a duly organized State, | ||
County or
Municipal peace unit or police force.
| ||
(y) "Look-alike substance" means a substance, other than a | ||
controlled
substance which (1) by overall dosage unit | ||
appearance, including shape,
color, size, markings or lack | ||
thereof, taste, consistency, or any other
identifying physical | ||
characteristic of the substance, would lead a reasonable
person | ||
to believe that the substance is a controlled substance, or (2) | ||
is
expressly or impliedly represented to be a controlled | ||
substance or is
distributed under circumstances which would | ||
lead a reasonable person to
believe that the substance is a | ||
controlled substance. For the purpose of
determining whether | ||
the representations made or the circumstances of the
| ||
distribution would lead a reasonable person to believe the | ||
substance to be
a controlled substance under this clause (2) of | ||
subsection (y), the court or
other authority may consider the | ||
following factors in addition to any other
factor that may be | ||
relevant:
|
(a) statements made by the owner or person in control | ||
of the substance
concerning its nature, use or effect;
| ||
(b) statements made to the buyer or recipient that the | ||
substance may
be resold for profit;
| ||
(c) whether the substance is packaged in a manner | ||
normally used for the
illegal distribution of controlled | ||
substances;
| ||
(d) whether the distribution or attempted distribution | ||
included an
exchange of or demand for money or other | ||
property as consideration, and
whether the amount of the | ||
consideration was substantially greater than the
| ||
reasonable retail market value of the substance.
| ||
Clause (1) of this subsection (y) shall not apply to a | ||
noncontrolled
substance in its finished dosage form that was | ||
initially introduced into
commerce prior to the initial | ||
introduction into commerce of a controlled
substance in its | ||
finished dosage form which it may substantially resemble.
| ||
Nothing in this subsection (y) prohibits the dispensing or | ||
distributing
of noncontrolled substances by persons authorized | ||
to dispense and
distribute controlled substances under this | ||
Act, provided that such action
would be deemed to be carried | ||
out in good faith under subsection (u) if the
substances | ||
involved were controlled substances.
| ||
Nothing in this subsection (y) or in this Act prohibits the | ||
manufacture,
preparation, propagation, compounding, | ||
processing, packaging, advertising
or distribution of a drug or |
drugs by any person registered pursuant to
Section 510 of the | ||
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||
(y-1) "Mail-order pharmacy" means a pharmacy that is | ||
located in a state
of the United States that delivers, | ||
dispenses or
distributes, through the United States Postal | ||
Service or other common
carrier, to Illinois residents, any | ||
substance which requires a prescription.
| ||
(z) "Manufacture" means the production, preparation, | ||
propagation,
compounding, conversion or processing of a | ||
controlled substance other than methamphetamine, either
| ||
directly or indirectly, by extraction from substances of | ||
natural origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis, and includes any packaging or
repackaging of the | ||
substance or labeling of its container, except that
this term | ||
does not include:
| ||
(1) by an ultimate user, the preparation or compounding | ||
of a
controlled substance for his or her own use; or
| ||
(2) by a practitioner, or his or her authorized agent | ||
under his or her
supervision, the preparation, | ||
compounding, packaging, or labeling of a
controlled | ||
substance:
| ||
(a) as an incident to his or her administering or | ||
dispensing of a
controlled substance in the course of | ||
his or her professional practice; or
| ||
(b) as an incident to lawful research, teaching or |
chemical
analysis and not for sale.
| ||
(z-1) (Blank).
| ||
(z-5) "Medication shopping" means the conduct prohibited | ||
under subsection (a) of Section 314.5 of this Act. | ||
(z-10) "Mid-level practitioner" means (i) a physician | ||
assistant who has been delegated authority to prescribe through | ||
a written delegation of authority by a physician licensed to | ||
practice medicine in all of its branches, in accordance with | ||
Section 7.5 of the Physician Assistant Practice Act of 1987, | ||
(ii) an advanced practice nurse who has been delegated | ||
authority to prescribe through a written delegation of | ||
authority by a physician licensed to practice medicine in all | ||
of its branches or by a podiatric physician, in accordance with | ||
Section 65-40 of the Nurse Practice Act, or (iii) an animal | ||
euthanasia agency , or (iv) a prescribing psychologist . | ||
(aa) "Narcotic drug" means any of the following, whether | ||
produced
directly or indirectly by extraction from substances | ||
of vegetable origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis:
| ||
(1) opium, opiates, derivatives of opium and opiates, | ||
including their isomers, esters, ethers, salts, and salts | ||
of isomers, esters, and ethers, whenever the existence of | ||
such isomers, esters, ethers, and salts is possible within | ||
the specific chemical designation; however the term | ||
"narcotic drug" does not include the isoquinoline |
alkaloids of opium;
| ||
(2) (blank);
| ||
(3) opium poppy and poppy straw;
| ||
(4) coca leaves, except coca leaves and extracts of | ||
coca leaves from which substantially all of the cocaine and | ||
ecgonine, and their isomers, derivatives and salts, have | ||
been removed;
| ||
(5) cocaine, its salts, optical and geometric isomers, | ||
and salts of isomers; | ||
(6) ecgonine, its derivatives, their salts, isomers, | ||
and salts of isomers; | ||
(7) any compound, mixture, or preparation which | ||
contains any quantity of any of the substances referred to | ||
in subparagraphs (1) through (6). | ||
(bb) "Nurse" means a registered nurse licensed under the
| ||
Nurse Practice Act.
| ||
(cc) (Blank).
| ||
(dd) "Opiate" means any substance having an addiction | ||
forming or
addiction sustaining liability similar to morphine | ||
or being capable of
conversion into a drug having addiction | ||
forming or addiction sustaining
liability.
| ||
(ee) "Opium poppy" means the plant of the species Papaver
| ||
somniferum L., except its seeds.
| ||
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||
solution or other liquid form of medication intended for | ||
administration by mouth, but the term does not include a form |
of medication intended for buccal, sublingual, or transmucosal | ||
administration. | ||
(ff) "Parole and Pardon Board" means the Parole and Pardon | ||
Board of
the State of Illinois or its successor agency.
| ||
(gg) "Person" means any individual, corporation, | ||
mail-order pharmacy,
government or governmental subdivision or | ||
agency, business trust, estate,
trust, partnership or | ||
association, or any other entity.
| ||
(hh) "Pharmacist" means any person who holds a license or | ||
certificate of
registration as a registered pharmacist, a local | ||
registered pharmacist
or a registered assistant pharmacist | ||
under the Pharmacy Practice Act.
| ||
(ii) "Pharmacy" means any store, ship or other place in | ||
which
pharmacy is authorized to be practiced under the Pharmacy | ||
Practice Act.
| ||
(ii-5) "Pharmacy shopping" means the conduct prohibited | ||
under subsection (b) of Section 314.5 of this Act. | ||
(ii-10) "Physician" (except when the context otherwise | ||
requires) means a person licensed to practice medicine in all | ||
of its branches. | ||
(jj) "Poppy straw" means all parts, except the seeds, of | ||
the opium
poppy, after mowing.
| ||
(kk) "Practitioner" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist, podiatric | ||
physician,
veterinarian, scientific investigator, pharmacist, | ||
physician assistant,
advanced practice nurse,
licensed |
practical
nurse, registered nurse, hospital, laboratory, or | ||
pharmacy, or other
person licensed, registered, or otherwise | ||
lawfully permitted by the
United States or this State to | ||
distribute, dispense, conduct research
with respect to, | ||
administer or use in teaching or chemical analysis, a
| ||
controlled substance in the course of professional practice or | ||
research.
| ||
(ll) "Pre-printed prescription" means a written | ||
prescription upon which
the designated drug has been indicated | ||
prior to the time of issuance; the term does not mean a written | ||
prescription that is individually generated by machine or | ||
computer in the prescriber's office.
| ||
(mm) "Prescriber" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist, | ||
prescribing psychologist licensed under Section 4.2 of the | ||
Clinical Psychologist Licensing Act with prescriptive | ||
authority delegated under Section 4.3 of the Clinical | ||
Psychologist Licensing Act, podiatric physician , or
| ||
veterinarian who issues a prescription, a physician assistant | ||
who
issues a
prescription for a controlled substance
in | ||
accordance
with Section 303.05, a written delegation, and a | ||
written supervision agreement required under Section 7.5
of the
| ||
Physician Assistant Practice Act of 1987, or an advanced | ||
practice
nurse with prescriptive authority delegated under | ||
Section 65-40 of the Nurse Practice Act and in accordance with | ||
Section 303.05, a written delegation,
and a written
|
collaborative agreement under Section 65-35 of the Nurse | ||
Practice Act.
| ||
(nn) "Prescription" means a written, facsimile, or oral | ||
order, or an electronic order that complies with applicable | ||
federal requirements,
of
a physician licensed to practice | ||
medicine in all its branches,
dentist, podiatric physician or | ||
veterinarian for any controlled
substance, of an optometrist | ||
for a Schedule III, IV, or V controlled substance in accordance | ||
with Section 15.1 of the Illinois Optometric Practice Act of | ||
1987, of a prescribing psychologist licensed under Section 4.2 | ||
of the Clinical Psychologist Licensing Act with prescriptive | ||
authority delegated under Section 4.3 of the Clinical | ||
Psychologist Licensing Act, of a physician assistant for a
| ||
controlled substance
in accordance with Section 303.05, a | ||
written delegation, and a written supervision agreement | ||
required under
Section 7.5 of the
Physician Assistant Practice | ||
Act of 1987, or of an advanced practice
nurse with prescriptive | ||
authority delegated under Section 65-40 of the Nurse Practice | ||
Act who issues a prescription for a
controlled substance in | ||
accordance
with
Section 303.05, a written delegation, and a | ||
written collaborative agreement under Section 65-35 of the | ||
Nurse Practice Act when required by law.
| ||
(nn-5) "Prescription Information Library" (PIL) means an | ||
electronic library that contains reported controlled substance | ||
data. | ||
(nn-10) "Prescription Monitoring Program" (PMP) means the |
entity that collects, tracks, and stores reported data on | ||
controlled substances and select drugs pursuant to Section 316. | ||
(oo) "Production" or "produce" means manufacture, | ||
planting,
cultivating, growing, or harvesting of a controlled | ||
substance other than methamphetamine.
| ||
(pp) "Registrant" means every person who is required to | ||
register
under Section 302 of this Act.
| ||
(qq) "Registry number" means the number assigned to each | ||
person
authorized to handle controlled substances under the | ||
laws of the United
States and of this State.
| ||
(qq-5) "Secretary" means, as the context requires, either | ||
the Secretary of the Department or the Secretary of the | ||
Department of Financial and Professional Regulation, and the | ||
Secretary's designated agents. | ||
(rr) "State" includes the State of Illinois and any state, | ||
district,
commonwealth, territory, insular possession thereof, | ||
and any area
subject to the legal authority of the United | ||
States of America.
| ||
(rr-5) "Stimulant" means any drug that (i) causes an | ||
overall excitation of central nervous system functions, (ii) | ||
causes impaired consciousness and awareness, and (iii) can be | ||
habit-forming or lead to a substance abuse problem, including | ||
but not limited to amphetamines and their analogs, | ||
methylphenidate and its analogs, cocaine, and phencyclidine | ||
and its analogs. | ||
(ss) "Ultimate user" means a person who lawfully possesses |
a
controlled substance for his or her own use or for the use of | ||
a member of his or her
household or for administering to an | ||
animal owned by him or her or by a member
of his or her | ||
household.
| ||
(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; revised | ||
11-12-13.)
| ||
(720 ILCS 570/303.05)
| ||
Sec. 303.05. Mid-level practitioner registration.
| ||
(a) The Department of Financial and Professional | ||
Regulation shall register licensed
physician assistants , and | ||
licensed advanced practice nurses , and prescribing | ||
psychologists licensed under Section 4.2 of the Clinical | ||
Psychologist Licensing Act to prescribe and
dispense | ||
controlled substances under Section 303 and euthanasia
| ||
agencies to purchase, store, or administer animal euthanasia | ||
drugs under the
following circumstances:
| ||
(1) with respect to physician assistants,
| ||
(A) the physician assistant has been
delegated
| ||
written authority to prescribe any Schedule III | ||
through V controlled substances by a physician | ||
licensed to practice medicine in all its
branches in | ||
accordance with Section 7.5 of the Physician Assistant | ||
Practice Act
of 1987;
and
the physician assistant has
| ||
completed the
appropriate application forms and has | ||
paid the required fees as set by rule;
or
|
(B) the physician assistant has been delegated
| ||
authority by a supervising physician licensed to | ||
practice medicine in all its branches to prescribe or | ||
dispense Schedule II controlled substances through a | ||
written delegation of authority and under the | ||
following conditions: | ||
(i) Specific Schedule II controlled substances | ||
by oral dosage or topical or transdermal | ||
application may be delegated, provided that the | ||
delegated Schedule II controlled substances are | ||
routinely prescribed by the supervising physician. | ||
This delegation must identify the specific | ||
Schedule II controlled substances by either brand | ||
name or generic name. Schedule II controlled | ||
substances to be delivered by injection or other | ||
route of administration may not be delegated; | ||
(ii) any delegation must be of controlled | ||
substances prescribed by the supervising | ||
physician; | ||
(iii) all prescriptions must be limited to no | ||
more than a 30-day supply, with any continuation | ||
authorized only after prior approval of the | ||
supervising physician; | ||
(iv) the physician assistant must discuss the | ||
condition of any patients for whom a controlled | ||
substance is prescribed monthly with the |
delegating physician; | ||
(v) the physician assistant must have | ||
completed the appropriate application forms and | ||
paid the required fees as set by rule; | ||
(vi) the physician assistant must provide | ||
evidence of satisfactory completion of 45 contact | ||
hours in pharmacology from any physician assistant | ||
program accredited by the Accreditation Review | ||
Commission on Education for the Physician | ||
Assistant (ARC-PA), or its predecessor agency, for | ||
any new license issued with Schedule II authority | ||
after the effective date of this amendatory Act of | ||
the 97th General Assembly; and | ||
(vii) the physician assistant must annually | ||
complete at least 5 hours of continuing education | ||
in pharmacology ; . | ||
(2) with respect to advanced practice nurses, | ||
(A) the advanced practice nurse has been delegated
| ||
authority to prescribe any Schedule III through V | ||
controlled substances by a collaborating physician | ||
licensed to practice medicine in all its branches or a | ||
collaborating podiatric physician in accordance with | ||
Section 65-40 of the Nurse Practice
Act. The advanced | ||
practice nurse has completed the
appropriate | ||
application forms and has paid the required
fees as set | ||
by rule; or |
(B) the advanced practice nurse has been delegated
| ||
authority by a collaborating physician licensed to | ||
practice medicine in all its branches or collaborating | ||
podiatric physician to prescribe or dispense Schedule | ||
II controlled substances through a written delegation | ||
of authority and under the following conditions: | ||
(i) specific Schedule II controlled substances | ||
by oral dosage or topical or transdermal | ||
application may be delegated, provided that the | ||
delegated Schedule II controlled substances are | ||
routinely prescribed by the collaborating | ||
physician or podiatric physician. This delegation | ||
must identify the specific Schedule II controlled | ||
substances by either brand name or generic name. | ||
Schedule II controlled substances to be delivered | ||
by injection or other route of administration may | ||
not be delegated; | ||
(ii) any delegation must be of controlled | ||
substances prescribed by the collaborating | ||
physician or podiatric physician; | ||
(iii) all prescriptions must be limited to no | ||
more than a 30-day supply, with any continuation | ||
authorized only after prior approval of the | ||
collaborating physician or podiatric physician; | ||
(iv) the advanced practice nurse must discuss | ||
the condition of any patients for whom a controlled |
substance is prescribed monthly with the | ||
delegating physician or podiatric physician or in | ||
the course of review as required by Section 65-40 | ||
of the Nurse Practice Act; | ||
(v) the advanced practice nurse must have | ||
completed the appropriate application forms and | ||
paid the required fees as set by rule; | ||
(vi) the advanced practice nurse must provide | ||
evidence of satisfactory completion of at least 45 | ||
graduate contact hours in pharmacology for any new | ||
license issued with Schedule II authority after | ||
the effective date of this amendatory Act of the | ||
97th General Assembly; and | ||
(vii) the advanced practice nurse must | ||
annually complete 5 hours of continuing education | ||
in pharmacology; or | ||
(3) with respect to animal euthanasia agencies, the | ||
euthanasia agency has
obtained a license from the | ||
Department of
Financial and Professional Regulation and | ||
obtained a registration number from the
Department ; or .
| ||
(4) with respect to prescribing psychologists, the | ||
prescribing psychologist has been delegated
authority to | ||
prescribe any nonnarcotic Schedule III through V | ||
controlled substances by a collaborating physician | ||
licensed to practice medicine in all its branches in | ||
accordance with Section 4.3 of the Clinical Psychologist |
Licensing Act, and the prescribing psychologist has | ||
completed the
appropriate application forms and has paid | ||
the required
fees as set by rule. | ||
(b) The mid-level practitioner shall only be licensed to | ||
prescribe those
schedules of controlled substances for which a | ||
licensed physician or licensed podiatric physician has | ||
delegated
prescriptive authority, except that an animal | ||
euthanasia agency does not have any
prescriptive authority.
A | ||
physician assistant and an advanced practice nurse are | ||
prohibited from prescribing medications and controlled | ||
substances not set forth in the required written delegation of | ||
authority.
| ||
(c) Upon completion of all registration requirements, | ||
physician
assistants, advanced practice nurses, and animal | ||
euthanasia agencies may be issued a
mid-level practitioner
| ||
controlled substances license for Illinois.
| ||
(d) A collaborating physician or podiatric physician may, | ||
but is not required to, delegate prescriptive authority to an | ||
advanced practice nurse as part of a written collaborative | ||
agreement, and the delegation of prescriptive authority shall | ||
conform to the requirements of Section 65-40 of the Nurse | ||
Practice Act. | ||
(e) A supervising physician may, but is not required to, | ||
delegate prescriptive authority to a physician assistant as | ||
part of a written supervision agreement, and the delegation of | ||
prescriptive authority shall conform to the requirements of |
Section 7.5 of the Physician Assistant Practice Act of 1987. | ||
(f) Nothing in this Section shall be construed to prohibit | ||
generic substitution. | ||
(Source: P.A. 97-334, eff. 1-1-12; 97-358, eff. 8-12-11; | ||
97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |