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Public Act 098-1111
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| SB3109 Enrolled | LRB098 18318 ZMM 53453 b |
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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 Illinois Optometric Practice Act of 1987 is |
amended by changing Section 15.1 as follows:
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(225 ILCS 80/15.1)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 15.1. Diagnostic and therapeutic authority.
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(a) For purposes of the Act, "ocular pharmaceutical
agents" |
means topical anesthetics, topical mydriatics, topical
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cycloplegics, topical miotics and mydriatic reversing agents, |
anti-infective agents,
anti-allergy agents,
anti-glaucoma |
agents (except oral carbonic anhydrase inhibitors, which may be |
prescribed only in a quantity sufficient to provide treatment |
for up to 72 hours),
anti-inflammatory agents (except oral |
steroids), over-the-counter agents, analgesic
agents, anti-dry |
eye agents, and agents for the treatment of hypotrichosis. |
(a-3) In addition to ocular pharmaceutical agents that fall |
within the categories set forth in subsection (a) of this |
Section, the Board may add a pharmaceutical agent approved by |
the FDA or class of agents for the purpose of the diagnosis or |
treatment of conditions of the eye and adnexa after |
consideration of the agent's systemic effects, side effects, |
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and the use of the agent within the practice of optometry. The |
Board shall consider requests for additional agents and make |
recommendations within 90 days after the receipt of the |
request. |
Within 45 days after the Board's recommendation to the |
Department of a pharmaceutical agent or class of agents, the |
Department shall promulgate rules necessary to allow for the |
prescribing or administering of the pharmaceutical agent or |
class of agents under this Act. |
(a-5) Ocular pharmaceutical agents administered by |
injection may be used only for the treatment of anaphylaxis. |
(a-10) Oral pharmaceutical agents may be prescribed for a |
child under 5 years of age only in consultation with a |
physician licensed to practice medicine in all its branches. |
(a-15) The authority to prescribe a Schedule III, IV, or V |
controlled substance shall include only analgesic agents only |
in a quantity sufficient to provide treatment for up to 72 |
hours. The prescription of a Schedule II controlled substance |
is prohibited, except for Dihydrocodeinone (Hydrocodone) with |
one or more active, non-narcotic ingredients only in a quantity |
sufficient to provide treatment for up to 72 hours, and only if |
such formulations of Dihydrocodeinone are reclassified as |
Schedule II by federal regulation.
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(b) A licensed optometrist may remove superficial foreign |
bodies from the human eye and adnexa and may give orders for |
patient care to a nurse licensed to practice under Illinois |
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law.
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(c) An optometrist's license shall be revoked or suspended |
by the Department
upon recommendation of the Board based upon |
either of the
following causes: |
(1) grave or repeated misuse of any ocular
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pharmaceutical agent; and |
(2) the use of any agent or procedure in the course of |
optometric practice
by an optometrist not properly |
authorized under this Act. |
(d) The Secretary of Financial and Professional Regulation |
shall notify
the Director of Public Health as to the categories |
of ocular
pharmaceutical agents permitted for use by an |
optometrist. The Director of Public Health shall in turn
notify |
every licensed pharmacist in the State of the categories of |
ocular
pharmaceutical agents that can be utilized and |
prescribed by an optometrist.
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(Source: P.A. 97-170, eff. 7-22-11.)
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Section 10. The Illinois Controlled Substances Act is |
amended by changing Section 102 as follows:
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(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) |
Sec. 102. Definitions. As used in this Act, unless the |
context
otherwise requires:
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(a) "Addict" means any person who habitually uses any drug, |
chemical,
substance or dangerous drug other than alcohol so as |
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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.
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(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:
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(1) a practitioner (or, in his or her presence, by his |
or her authorized agent),
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(2) the patient or research subject pursuant to an |
order, or
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(3) a euthanasia technician as defined by the Humane |
Euthanasia in
Animal Shelters Act.
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(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
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the carrier or warehouseman.
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(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:
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(i) 3[beta],17-dihydroxy-5a-androstane, |
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, |
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(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- |
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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]- |
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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 |
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(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), |
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(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).
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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
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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
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purposes of this Act.
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(d) "Administration" means the Drug Enforcement |
Administration,
United States Department of Justice, or its |
successor agency.
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(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 |
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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.
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(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
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defined or used in the Liquor Control Act of 1934 and the |
Tobacco Products Tax
Act of 1995.
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(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 |
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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.
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(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.
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(i) "Department" means the Illinois Department of Human |
Services (as
successor to the Department of Alcoholism and |
Substance Abuse) or its successor agency.
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(j) (Blank).
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(k) "Department of Corrections" means the Department of |
Corrections
of the State of Illinois or its successor agency.
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(l) "Department of Financial and Professional Regulation" |
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means the Department
of Financial and Professional Regulation |
of the State of Illinois or its successor agency.
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(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.
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(n) (Blank).
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(o) "Director" means the Director of the Illinois State |
Police or his or her designated agents.
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(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.
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(q) "Dispenser" means a practitioner who dispenses.
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(r) "Distribute" means to deliver, other than by |
administering or
dispensing, a controlled substance.
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(s) "Distributor" means a person who distributes.
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(t) "Drug" means (1) substances recognized as drugs in the |
official
United States Pharmacopoeia, Official Homeopathic |
Pharmacopoeia of the
United States, or official National |
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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
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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.
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(t-5) "Euthanasia agency" means
an entity certified by the |
Department of Financial and Professional Regulation for the
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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
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Schedule III nonnarcotic drugs for the sole purpose of animal |
euthanasia.
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(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.
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(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 |
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dispensing of a controlled substance pursuant to the
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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:
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(1) lack of consistency of prescriber-patient |
relationship,
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(2) frequency of prescriptions for same drug by one |
prescriber for
large numbers of patients,
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(3) quantities beyond those normally prescribed,
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(4) unusual dosages (recognizing that there may be |
clinical circumstances where more or less than the usual |
dose may be used legitimately),
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(5) unusual geographic distances between patient, |
pharmacist and
prescriber,
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(6) consistent prescribing of habit-forming drugs.
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(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.
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(u-5) "Illinois State Police" means the State
Police of the |
State of Illinois, or its successor agency. |
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(v) "Immediate precursor" means a substance:
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(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;
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(2) which is an immediate chemical intermediary used or |
likely to
be used in the manufacture of such controlled |
substance; and
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(3) the control of which is necessary to prevent, |
curtail or limit
the manufacture of such controlled |
substance.
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(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.
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(x) "Local authorities" means a duly organized State, |
County or
Municipal peace unit or police force.
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(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 |
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controlled substance. For the purpose of
determining whether |
the representations made or the circumstances of the
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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:
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(a) statements made by the owner or person in control |
of the substance
concerning its nature, use or effect;
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(b) statements made to the buyer or recipient that the |
substance may
be resold for profit;
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(c) whether the substance is packaged in a manner |
normally used for the
illegal distribution of controlled |
substances;
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(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
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reasonable retail market value of the substance.
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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.
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Nothing in this subsection (y) prohibits the dispensing or |
distributing
of noncontrolled substances by persons authorized |
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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.
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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).
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(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.
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(z) "Manufacture" means the production, preparation, |
propagation,
compounding, conversion or processing of a |
controlled substance other than methamphetamine, either
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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:
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(1) by an ultimate user, the preparation or compounding |
of a
controlled substance for his or her own use; or
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(2) by a practitioner, or his or her authorized agent |
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under his or her
supervision, the preparation, |
compounding, packaging, or labeling of a
controlled |
substance:
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(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
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(b) as an incident to lawful research, teaching or |
chemical
analysis and not for sale.
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(z-1) (Blank).
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(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. |
(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 |
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synthesis:
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(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;
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(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, 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 II, III, IV, or V controlled substance in |
accordance with Section 15.1 of the Illinois Optometric |
Practice Act of 1987, 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 |