Public Act 90-0818 of the 90th General Assembly
Public Act 90-0818
SB859 Enrolled LRB9002932DPks
AN ACT concerning health practitioners.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Medical Practice Act of 1987 is amended
by changing Section 11 as follows:
(225 ILCS 60/11) (from Ch. 111, par. 4400-11)
Sec. 11. Minimum education standards. The minimum
standards of professional education to be enforced by the
Department in conducting examinations and issuing licenses
shall be as follows:
(A) Practice of medicine. For the practice of
medicine in all of its branches:
(1) For applications for licensure under
subsection (D) of Section 19 of this Act:
(a) that the applicant is a graduate of a
medical or osteopathic college in the United
States, its territories or Canada, that the
applicant has completed a 2 year course of
instruction in a college of liberal arts, or
its equivalent, and a course of instruction in
a medical or osteopathic college approved by
the Department or by a private, not for profit
accrediting body approved by the Department,
and in addition thereto, a course of
postgraduate clinical training of not less than
12 months as approved by the Department; or
(b) that the applicant is a graduate of a
medical or osteopathic college located outside
the United States, its territories or Canada,
and that the degree conferred is officially
recognized by the country for the purposes of
licensure, that the applicant has completed a 2
year course of instruction in a college of
liberal arts or its equivalent, and a course of
instruction in a medical or osteopathic college
approved by the Department, which course shall
have been not less than 132 weeks in duration
and shall have been completed within a period
of not less than 35 months, and, in addition
thereto, has completed a course of postgraduate
clinical training of not less than 12 months,
as approved by the Department, and has complied
with any other standards established by rule
taken and passed the Educational Commission of
Foreign Medical Graduates Examination.
For the purposes of this subparagraph (b)
an applicant is considered to be a graduate of
a medical college if the degree which is
conferred is officially recognized by that
country for the purposes of receiving a license
to practice medicine in all of its branches or
a document is granted by the medical college
which certifies the completion of all formal
training requirements including any internship
and social service; or
(c) that the applicant has studied
medicine at a medical or osteopathic college
located outside the United States, its
territories, or Canada, that the applicant has
completed a 2 year course of instruction in a
college of liberal arts or its equivalent and
all of the formal requirements of a foreign
medical school except internship and social
service, which course shall have been not less
than 132 weeks in duration and shall have been
completed within a period of not less than 35
months; that the applicant has submitted an
application to a medical college accredited by
the Liaison Committee on Medical Education and
submitted to such evaluation procedures,
including use of nationally recognized medical
student tests or tests devised by the
individual medical college, and that the
applicant has satisfactorily completed one
academic year of supervised clinical training
under the direction of such medical college;
and, in addition thereto has completed a course
of postgraduate clinical training of not less
than 12 months, as approved by the Department,
and has complied with any other standards
established by rule taken and passed the
Educational Commission of Foreign Medical
Graduates Examination.
(d) Any clinical clerkships must have
been completed in compliance with Section 10.3
of the Hospital Licensing Act, as amended.
(2) Effective January 1, 1988, for
applications for licensure made subsequent to
January 1, 1988, under Sections 9 or 17 of this Act
by individuals not described in paragraph (3) of
subsection (A) of Section 11 who graduated after
December 31, 1984:
(a) that the applicant: (i) graduated
from a medical or osteopathic college
officially recognized by the jurisdiction in
which it is located for the purpose of
receiving a license to practice medicine in all
of its branches, and the applicant has
completed, as defined by the Department, a 6
year postsecondary course of study comprising
at least 2 academic years of study in the basic
medical sciences; and 2 academic years of study
in the clinical sciences, while enrolled in the
medical college which conferred the degree, the
core rotations of which must have been
completed in clinical teaching facilities
owned, operated or formally affiliated with the
medical college which conferred the degree, or
under contract in teaching facilities owned,
operated or affiliated with another medical
college which is officially recognized by the
jurisdiction in which the medical school which
conferred the degree is located; or (ii)
graduated from a medical or osteopathic college
accredited by the Liaison Committee on Medical
Education, the Committee on Accreditation of
Canadian Medical Schools in conjunction with
the Liaison Committee on Medical Education, or
the Bureau of Professional Education of the
American Osteopathic Association; and, (iii) in
addition thereto, has completed a course of
postgraduate clinical training of not less than
24 months, as approved by the Department; or
(b) that the applicant has studied
medicine at a medical or osteopathic college
located outside the United States, its
territories, or Canada, that the applicant, in
addition to satisfying the requirements of
subparagraph (a), except for the awarding of a
degree, has completed all of the formal
requirements of a foreign medical school except
internship and social service and has submitted
an application to a medical college accredited
by the Liaison Committee on Medical Education
and submitted to such evaluation procedures,
including use of nationally recognized medical
student tests or tests devised by the
individual medical college, and that the
applicant has satisfactorily completed one
academic year of supervised clinical training
under the direction of such medical college;
and, in addition thereto, has completed a
course of postgraduate clinical training of not
less than 24 months, as approved by the
Department, and has complied with any other
standards established by rule taken and passed
the Educational Commission of Foreign Medical
Graduates Examination.
(3) (Blank).
(4) Any person granted a temporary license
pursuant to Section 17 of this Act who shall
satisfactorily complete a course of postgraduate
clinical training and meet all of the requirements
for licensure shall be granted a permanent license
pursuant to Section 9.
(5) Notwithstanding any other provision of
this Section an individual holding a temporary
license under Section 17 of this Act shall be
required to satisfy the undergraduate medical and
post-graduate clinical training educational
requirements in effect on the date of their
application for a temporary license, provided they
apply for a license under Section 9 of this Act and
satisfy all other requirements of this Section while
their temporary license is in effect.
(B) Treating human ailments without drugs and
without operative surgery. For the practice of treating
human ailments without the use of drugs and without
operative surgery:
(1) For an applicant who was a resident
student and who is a graduate after July 1, 1926, of
a chiropractic college or institution, that such
school, college or institution, at the time of the
applicant's graduation required as a prerequisite to
admission thereto a 4 year course of instruction in
a high school, and, as a prerequisite to graduation
therefrom, a course of instruction in the treatment
of human ailments, of not less than 132 weeks in
duration and which shall have been completed within
a period of not less than 35 months except that as
to students matriculating or entering upon a course
of chiropractic study during the years 1940, 1941,
1942, 1943, 1944, 1945, 1946, and 1947, such elapsed
time shall be not less than 32 months, such high
school and such school, college or institution
having been reputable and in good standing in the
judgment of the Department.
(2) For an applicant who is a matriculant in a
chiropractic college after September 1, 1969, that
such applicant shall be required to complete a 2
year course of instruction in a liberal arts college
or its equivalent and a course of instruction in a
chiropractic college in the treatment of human
ailments, such course, as a prerequisite to
graduation therefrom, having been not less than 132
weeks in duration and shall have been completed
within a period of not less than 35 months, such
college of liberal arts and chiropractic college
having been reputable and in good standing in the
judgment of the Department.
(3) For an applicant who is a graduate of a
United States chiropractic college after August 19,
1981, the college of the applicant must be fully
accredited by the Commission on Accreditation of the
Council on Chiropractic Education or its successor
at the time of graduation. Such graduates shall be
considered to have met the minimum requirements
which shall be in addition to those requirements set
forth in the rules and regulations promulgated by
the Department.
(4) For an applicant who is a graduate of a
chiropractic college in another country; that such
chiropractic college be equivalent to the standards
of education as set forth for chiropractic colleges
located in the United States.
(Source: P.A. 89-702, eff. 7-1-97.)
Section 5. The Nursing and Advanced Practice Nursing Act
is amended by changing Section 15-20 as follows:
(225 ILCS 65/15-20)
Sec. 15-20. Prescriptive authority.
(a) A collaborating physician may, but is not required
to, delegate limited prescriptive authority to an advanced
practice nurse as part of a written collaborative agreement.
This authority may, but is not required to, include
prescription and dispensing of legend drugs and legend
controlled substances categorized as Schedule III, IV, or V
controlled substances, as defined in Article II of the
Illinois Controlled Substances Act.
(b) To prescribe Schedule III, IV, or V controlled
substances under this Section, an advanced practice nurse
must obtain a mid-level practitioner controlled substance
license shall affix the collaborating physician's DEA number
to, and individually sign, the appropriate prescription form
containing the printed names of the advanced practice nurse
and collaborating physician in accordance with the written
collaborative agreement. Medication orders shall be reviewed
periodically by the collaborating physician.
(c) The collaborating physician shall file with the
Department notice of delegation of prescriptive authority and
termination of such delegation, in accordance with rules of
the Department. Upon receipt of this notice delegating
authority to prescribe Schedule III, IV, or V controlled
substances, the licensed advanced practice nurse shall be
eligible to register for a mid-level practitioner controlled
substance license under Section 303.05 of the Illinois
Controlled Substances Act.
(d) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
personnel.
(Source: P.A. 90-742, eff. 8-13-98.)
Section 10. The Physician Assistant Practice Act of 1987
is amended by changing Section 7.5 as follows:
(225 ILCS 95/7.5)
Sec. 7.5. Prescriptions. A supervising physician may
delegate limited prescriptive authority to a physician
assistant. This authority may, but is not required to,
include prescription and dispensing of legend drugs and
legend controlled substances categorized as Schedule III, IV,
or V controlled substances, as defined in Article II of the
Illinois Controlled Substances Act, as delegated in the
written guidelines required by this Act. To prescribe
Schedule III, IV, or V controlled substances under this
Section, a physician assistant must obtain a mid-level
practitioner controlled substances license shall affix the
supervising physician's DEA number to, and individually sign,
the appropriate prescription form containing the printed
names of the physician assistant and supervising physician in
accordance with the written guidelines. Medication orders
issued by a physician assistant shall be reviewed
periodically by the supervising physician. The supervising
physician shall file with the Department notice of delegation
of prescriptive authority to a physician assistant and
termination of delegation, specifying the authority delegated
or terminated. Upon receipt of this notice delegating
authority to prescribe Schedule III, IV, or V controlled
substances, the physician assistant shall be eligible to
register for a mid-level practitioner controlled substances
license under Section 303.05 of the Illinois Controlled
Substances Act. Nothing in this Act shall be construed to
limit the delegation of tasks or duties by the supervising
physician to a nurse or other appropriately trained
personnel.
The Department shall establish by rule the minimum
requirements for written guidelines to be followed under this
Section.
(Source: P.A. 90-116, eff. 7-14-97.)
Section 15. The Illinois Controlled Substances Act is
amended by changing Sections 102 and 303 and adding Section
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
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 or
research subject by:
(1) a practitioner (or, in his presence, by his
authorized agent), or
(2) the patient or research subject at the lawful
direction of the practitioner.
(c) "Agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor,
or dispenser. 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, and
corticosteroids) that promotes muscle growth, and includes:
(i) boldenone,
(ii) chlorotestosterone,
(iii) chostebol,
(iv) dehydrochlormethyltestosterone,
(v) dihydrotestosterone,
(vi) drostanolone,
(vii) ethylestrenol,
(viii) fluoxymesterone,
(ix) formebulone,
(x) mesterolone,
(xi) methandienone,
(xii) methandranone,
(xiii) methandriol,
(xiv) methandrostenolone,
(xv) methenolone,
(xvi) methyltestosterone,
(xvii) mibolerone,
(xviii) nandrolone,
(xix) norethandrolone,
(xx) oxandrolone,
(xxi) oxymesterone,
(xxii) oxymetholone,
(xxiii) stanolone,
(xxiv) stanozolol,
(xxv) testolactone,
(xxvi) testosterone,
(xxvii) trenbolone, and
(xxviii) any salt, ester, or isomer of a drug
or substance described or listed in this paragraph,
if that salt, ester, or isomer promotes muscle
growth.
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.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule under Article II of this
Act whether by transfer from another Schedule or otherwise.
(f) "Controlled Substance" means a drug, substance, or
immediate precursor in the Schedules of Article II of this
Act.
(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) "Department of State Police" means the Department of
State Police of the State of Illinois or its successor
agency.
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Professional Regulation" means the
Department of Professional Regulation of the State of
Illinois or its successor agency.
(m) "Depressant" or "stimulant substance" means:
(1) a drug which contains any quantity of (i)
barbituric acid or any of the salts of barbituric acid
which has been designated as habit forming under section
502 (d) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352 (d)); or
(2) a drug which contains any quantity of (i)
amphetamine or methamphetamine and any of their optical
isomers; (ii) any salt of amphetamine or methamphetamine
or any salt of an optical isomer of amphetamine; or (iii)
any substance which the Department, after investigation,
has found to be, and by rule designated as, habit forming
because of its depressant or stimulant effect on the
central nervous system; or
(3) lysergic acid diethylamide; or
(4) any drug which contains any quantity of a
substance which the Department, after investigation, has
found to have, and by rule designated as having, a
potential for abuse because of its depressant or
stimulant effect on the central nervous system or its
hallucinogenic effect.
(n) "Designated product" means any narcotic drug,
amphetamine, phenmetrazine, methamphetamine, gluthethimide,
pentazocine or cannabis product listed in Schedule II and
also means a controlled substance listed in Schedule II which
is determined and designated by the Department or its
successor agency to be such a product. A designated product
shall only be dispensed upon an official prescription blank.
(o) "Director" means the Director of the Department of
State Police or the Department of Professional Regulation or
his 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.
(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 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 doctor-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,
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(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.
(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, other than Illinois,
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, 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 own use; or
(2) by a practitioner, or his authorized agent
under his supervision, the preparation, compounding,
packaging, or labeling of a controlled substance:
(a) as an incident to his administering or
dispensing of a controlled substance in the course
of his professional practice; or
(b) as an incident to lawful research,
teaching or chemical analysis and not for sale.
(aa) "Narcotic drug" means any of the following, whether
produced 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:
(1) opium and opiate, and any salt, compound,
derivative, or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative, or
preparation thereof which is chemically equivalent or
identical with any of the substances referred to in
clause (1), but not including the isoquinoline alkaloids
of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salts, compound, isomer,
salt of an isomer, derivative, or preparation of coca
leaves including cocaine or ecgonine, and any salt,
compound, isomer, derivative, or preparation thereof
which is chemically equivalent or identical with any of
these substances, but not including decocainized coca
leaves or extractions of coca leaves which do not contain
cocaine or ecgonine (for the purpose of this paragraph,
the term "isomer" includes optical, positional and
geometric isomers).
(bb) "Nurse" means a registered nurse licensed under the
Nursing and Advanced Practice Nursing Act.
(cc) "Official prescription blanks" means the triplicate
prescription forms supplied to prescribers by the Department
for prescribing Schedule II Designated Product controlled
substances.
(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.
(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
certificate of registration as a registered pharmacist, a
local registered pharmacist or a registered assistant
pharmacist under the Pharmacy Practice Act of 1987.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the
Pharmacy Practice Act of 1987.
(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, podiatrist,
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.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, podiatrist or
veterinarian who issues a prescription, a physician assistant
who issues a prescription for a Schedule III, IV, or V
controlled substance as delegated by a physician licensed to
practice medicine in all its branches in accordance with
Section 303.05 and the written guidelines required under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or an advanced practice nurse with prescriptive authority, as
delegated by a physician licensed to practice medicine in all
its branches, in accordance with Section 303.05 and a written
collaborative agreement under Sections 15-15 and 15-20 of the
Nursing and Advanced Practice Nursing Act.
(nn) "Prescription" means a lawful written, facsimile,
or verbal order of a physician licensed to practice medicine
in all its branches, dentist, podiatrist or veterinarian for
any controlled substance, of a physician assistant for a
Schedule III, IV, or V controlled substance as delegated by a
physician licensed to practice medicine in all its branches
in accordance with Section 303.05 and the written guidelines
required under Section 7.5 of the Physician Assistant
Practice Act of 1987, or of an advanced practice nurse who
issues a prescription for a Schedule III, IV, or V controlled
substance, pursuant to prescriptive authority delegated by a
physician licensed to practice medicine in all its branches,
in accordance with Section 303.05 and a written collaborative
agreement under Sections 15-15 and 15-20 of the Nursing and
Advanced Practice Nursing Act.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance.
(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.
(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.
(ss) "Ultimate user" means a person who lawfully
possesses a controlled substance for his own use or for the
use of a member of his household or for administering to an
animal owned by him or by a member of his household.
(Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97;
90-116, eff. 7-14-97; 90-742, eff. 8-13-98.)
(720 ILCS 570/303) (from Ch. 56 1/2, par. 1303)
Sec. 303. (a) The Department of Professional Regulation
shall license register an applicant to manufacture,
distribute or dispense controlled substances included in
Sections 204, 206, 208, 210 and 212 of this Act unless it
determines that the issuance of that license registration
would be inconsistent with the public interest. In
determining the public interest, the Department of
Professional Regulation shall consider the following:
(1) maintenance of effective controls against diversion
of controlled substances into other than lawful medical,
scientific, or industrial channels;
(2) compliance with applicable Federal, State and local
law;
(3) any convictions of the applicant under any law of
the United States or of any State relating to any controlled
substance;
(4) past experience in the manufacture or distribution
of controlled substances, and the existence in the
applicant's establishment of effective controls against
diversion;
(5) furnishing by the applicant of false or fraudulent
material in any application filed under this Act;
(6) suspension or revocation of the applicant's Federal
registration to manufacture, distribute, or dispense
controlled substances as authorized by Federal law;
(7) whether the applicant is suitably equipped with the
facilities appropriate to carry on the operation described in
his application;
(8) whether the applicant is of good moral character or,
if the applicant is a partnership, association, corporation
or other organization, whether the partners, directors,
governing committee and managing officers are of good moral
character;
(9) any other factors relevant to and consistent with
the public health and safety; and
(10) Evidence from court, medical disciplinary and
pharmacy board records and those of State and Federal
investigatory bodies that the applicant has not or does not
prescribe controlled substances within the provisions of this
Act.
(b) No license registration shall be granted to or
renewed for any person who has within 5 years been convicted
of a wilful violation of any law of the United States or any
law of any State relating to controlled substances, or who is
found to be deficient in any of the matters enumerated in
subsections (a)(1) through (a)(8).
(c) Licensure Registration under subsection (a) does not
entitle a registrant to manufacture, distribute or dispense
controlled substances in Schedules I or II other than those
specified in the registration.
(d) Practitioners who are licensed registered to
dispense any controlled substances in Schedules II through V
are authorized to conduct instructional activities with
controlled substances in Schedules II through V under the law
of this State.
(e) If an applicant for registration is registered under
the Federal law to manufacture, distribute or dispense
controlled substances, upon filing a completed application
for licensure registration in this State and payment of all
fees due hereunder, he shall be licensed registered in this
State to the same extent as his Federal registration, unless,
within 30 days after completing his application in this
State, the Department of Professional Regulation notifies the
applicant that his application has not been granted. A
practitioner who is in compliance with the Federal law with
respect to registration to dispense controlled substances in
Schedules II through V need only send a current copy of that
Federal registration to the Department of Professional
Regulation and he shall be deemed in compliance with the
registration provisions of this State.
(f) The fee for registration as a manufacturer or
wholesale distributor of controlled substances shall be
$50.00 per year, except that the fee for registration as a
manufacturer or wholesale distributor of controlled
substances that may be dispensed without a prescription under
this Act shall be $15.00 per year. The expiration date and
renewal period for each controlled substance license
certificate of registration issued under this Act shall be
set by rule.
(Source: P.A. 85-1209.)
(720 ILCS 570/303.05 new)
Sec. 303.05. Mid-level practitioner registration.
(a) The Department of Professional Regulation shall
register licensed physician assistants and licensed advanced
practice nurses to prescribe and dispense Schedule III, IV,
or V controlled substances under Section 303 under the
following circumstances:
(1) the physician assistant or advanced practice
nurse has been delegated prescriptive authority 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 or Section 15-20 of the
Nursing and Advanced Practice Nursing Act; and
(2) the physician assistant or advanced practice
nurse 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 has delegated prescriptive authority.
(c) Upon completion of all registration requirements,
physician assistants and advanced practice nurses shall be
issued a mid-level practitioner controlled substances license
for Illinois.
Section 99. Effective date. This Act takes effect upon
becoming law.