Bill Text: IL HB2247 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Physician Assistant Practice Act of 1987. Provides that a physician assistant may prescribe, dispense, and administer drugs and medical devices to the extent delegated by the supervising physician, including the prescribing and dispensing of Schedule II through V controlled substances as described in Article II of the Illinois Controlled Substances Act and all legend drugs (now, limited prescriptive authority may be delegated by a physician for Schedule III, IV, and V controlled substances in written guidelines to a physician assistant). Provides that dispensing activities of any physician assistant shall comply with appropriate federal and State regulations and occur when pharmacy services are not reasonably available, or when it is in the best interest of the patient, or when it is an emergency. Provides that physician assistants may request, receive, and sign for professional samples and may distribute professional samples to patients. Amends the Controlled Substances Act. Provides that the Department of Financial and Professional Regulation shall register licensed physician assistants and licensed advanced practice nurses to prescribe and dispense Schedule II, III, IV, or V controlled substances (now, III, IV or V controlled substances). Makes other changes.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0268 [HB2247 Detail]
Download: Illinois-2009-HB2247-Enrolled.html
|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning professional regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Pharmacy Practice Act is amended by changing | ||||||
5 | Section 4 as follows:
| ||||||
6 | (225 ILCS 85/4) (from Ch. 111, par. 4124)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
8 | Sec. 4. Exemptions. Nothing contained in any Section of | ||||||
9 | this Act shall
apply
to, or in any manner interfere with:
| ||||||
10 | (a) the lawful practice of any physician licensed to | ||||||
11 | practice medicine in
all of its branches, dentist, podiatrist,
| ||||||
12 | veterinarian, or therapeutically or diagnostically certified | ||||||
13 | optometrist within
the limits of
his or her license, or prevent | ||||||
14 | him or her from
supplying to his
or her
bona fide patients
such | ||||||
15 | drugs, medicines, or poisons as may seem to him appropriate;
| ||||||
16 | (b) the sale of compressed gases;
| ||||||
17 | (c) the sale of patent or proprietary medicines and | ||||||
18 | household remedies
when sold in original and unbroken packages | ||||||
19 | only, if such patent or
proprietary medicines and household | ||||||
20 | remedies be properly and adequately
labeled as to content and | ||||||
21 | usage and generally considered and accepted
as harmless and | ||||||
22 | nonpoisonous when used according to the directions
on the | ||||||
23 | label, and also do not contain opium or coca leaves, or any
|
| |||||||
| |||||||
1 | compound, salt or derivative thereof, or any drug which, | ||||||
2 | according
to the latest editions of the following authoritative | ||||||
3 | pharmaceutical
treatises and standards, namely, The United | ||||||
4 | States Pharmacopoeia/National
Formulary (USP/NF), the United | ||||||
5 | States Dispensatory, and the Accepted
Dental Remedies of the | ||||||
6 | Council of Dental Therapeutics of the American
Dental | ||||||
7 | Association or any or either of them, in use on the effective
| ||||||
8 | date of this Act, or according to the existing provisions of | ||||||
9 | the Federal
Food, Drug, and Cosmetic Act and Regulations of the | ||||||
10 | Department of Health
and Human Services, Food and Drug | ||||||
11 | Administration, promulgated thereunder
now in effect, is | ||||||
12 | designated, described or considered as a narcotic,
hypnotic, | ||||||
13 | habit forming, dangerous, or poisonous drug;
| ||||||
14 | (d) the sale of poultry and livestock remedies in original | ||||||
15 | and unbroken
packages only, labeled for poultry and livestock | ||||||
16 | medication;
| ||||||
17 | (e) the sale of poisonous substances or mixture of | ||||||
18 | poisonous substances,
in unbroken packages, for nonmedicinal | ||||||
19 | use in the arts or industries
or for insecticide purposes; | ||||||
20 | provided, they are properly and adequately
labeled as to | ||||||
21 | content and such nonmedicinal usage, in conformity
with the | ||||||
22 | provisions of all applicable federal, state and local laws
and | ||||||
23 | regulations promulgated thereunder now in effect relating | ||||||
24 | thereto
and governing the same, and those which are required | ||||||
25 | under such applicable
laws and regulations to be labeled with | ||||||
26 | the word "Poison", are also labeled
with the word "Poison" |
| |||||||
| |||||||
1 | printed
thereon in prominent type and the name of a readily | ||||||
2 | obtainable antidote
with directions for its administration;
| ||||||
3 | (f) the delegation of limited prescriptive authority by a | ||||||
4 | physician
licensed to
practice medicine in all its branches to | ||||||
5 | a physician assistant
under Section 7.5 of the Physician | ||||||
6 | Assistant Practice Act of 1987. This
delegated authority under | ||||||
7 | Section 7.5 of the Physician Assistant Practice Act of 1987 | ||||||
8 | may , but is not required to , include prescription of
controlled | ||||||
9 | substances, as defined in Article II of the
Illinois Controlled | ||||||
10 | Substances Act, in accordance with a written supervision | ||||||
11 | agreement guidelines ; and
| ||||||
12 | (g) The delegation of prescriptive authority by a physician
| ||||||
13 | licensed to practice medicine in all its branches or a licensed | ||||||
14 | podiatrist to an advanced practice
nurse in accordance with a | ||||||
15 | written collaborative
agreement under Sections Section 65-35 | ||||||
16 | and 65-40 of the Nurse Practice Act. This authority, which is | ||||||
17 | delegated under Section 65-40 of the Nurse Practice Act, may | ||||||
18 | but is not required to
include the prescription of Schedule | ||||||
19 | III, IV, or V controlled substances as
defined
in Article II of | ||||||
20 | the Illinois Controlled Substances Act.
| ||||||
21 | (Source: P.A. 95-639, eff. 10-5-07 .)
| ||||||
22 | Section 10. The Physician Assistant Practice Act is amended | ||||||
23 | by changing Sections 4, 7.5, and 21 as follows:
| ||||||
24 | (225 ILCS 95/4) (from Ch. 111, par. 4604)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
2 | Sec. 4. In this Act:
| ||||||
3 | 1. "Department" means the Department of Financial and
| ||||||
4 | Professional Regulation.
| ||||||
5 | 2. "Secretary" means the Secretary
of Financial and | ||||||
6 | Professional Regulation.
| ||||||
7 | 3. "Physician assistant" means any person not a physician | ||||||
8 | who has been
certified as a physician assistant by the National | ||||||
9 | Commission on the
Certification of Physician Assistants or | ||||||
10 | equivalent successor agency and
performs procedures under the | ||||||
11 | supervision of a physician as defined in this
Act. A physician | ||||||
12 | assistant may perform such procedures within the
specialty of | ||||||
13 | the supervising physician, except that such physician shall
| ||||||
14 | exercise such direction, supervision and control over such | ||||||
15 | physician
assistants as will assure that patients shall receive | ||||||
16 | quality medical
care. Physician assistants shall be capable of | ||||||
17 | performing a variety of tasks
within the specialty of medical | ||||||
18 | care under the supervision of a physician.
Supervision of the | ||||||
19 | physician assistant shall not be construed to
necessarily | ||||||
20 | require the personal presence of the supervising physician at
| ||||||
21 | all times at the place where services are rendered, as long as | ||||||
22 | there is
communication available for consultation by radio, | ||||||
23 | telephone or
telecommunications within established guidelines | ||||||
24 | as determined by the
physician/physician assistant team. The | ||||||
25 | supervising physician may delegate
tasks and duties to the | ||||||
26 | physician assistant. Delegated tasks or duties
shall be |
| |||||||
| |||||||
1 | consistent with physician assistant education, training, and
| ||||||
2 | experience. The delegated tasks or duties shall be specific to | ||||||
3 | the
practice setting and shall be implemented and reviewed | ||||||
4 | under a written supervision agreement guidelines
established | ||||||
5 | by the physician or physician/physician assistant team. A
| ||||||
6 | physician assistant, acting as an agent of the physician, shall | ||||||
7 | be
permitted to transmit the supervising physician's orders as | ||||||
8 | determined by
the institution's by-laws, policies, procedures, | ||||||
9 | or job description within
which the physician/physician | ||||||
10 | assistant team practices. Physician
assistants shall practice | ||||||
11 | only in accordance with a written supervision agreement within | ||||||
12 | the established guidelines .
| ||||||
13 | 4. "Board" means the Medical Licensing Board
constituted | ||||||
14 | under the Medical Practice Act of 1987.
| ||||||
15 | 5. "Disciplinary Board" means the Medical Disciplinary | ||||||
16 | Board constituted
under the Medical Practice Act of 1987.
| ||||||
17 | 6. "Physician" means, for purposes of this Act, a person | ||||||
18 | licensed to
practice medicine in all its branches under the | ||||||
19 | Medical Practice Act of 1987.
| ||||||
20 | 7. "Supervising Physician" means, for the purposes of this | ||||||
21 | Act, the
primary supervising physician of a physician | ||||||
22 | assistant, who, within his
specialty and expertise may delegate | ||||||
23 | a variety of tasks and procedures to
the physician assistant. | ||||||
24 | Such tasks and procedures shall be delegated
in accordance with | ||||||
25 | a written supervision agreement within established guidelines . | ||||||
26 | The supervising physician maintains the
final responsibility |
| |||||||
| |||||||
1 | for the care of the patient and the performance of the
| ||||||
2 | physician assistant.
| ||||||
3 | 8. "Alternate supervising physician" means, for the | ||||||
4 | purpose of this Act,
any physician designated by the | ||||||
5 | supervising physician to provide
supervision in the event that | ||||||
6 | he or she is unable to provide that supervision. The Department | ||||||
7 | may further define "alternate supervising physician" by rule.
| ||||||
8 | The alternate supervising physicians shall maintain all | ||||||
9 | the same
responsibilities as the supervising physician. | ||||||
10 | Nothing in this Act shall
be construed as relieving any | ||||||
11 | physician of the professional or legal
responsibility for the | ||||||
12 | care and treatment of persons attended by him or by
physician | ||||||
13 | assistants under his supervision. Nothing in this Act shall be
| ||||||
14 | construed as to limit the reasonable number of alternate | ||||||
15 | supervising
physicians, provided they are designated by the | ||||||
16 | supervising physician. | ||||||
17 | 9. "Address of record" means the designated address | ||||||
18 | recorded by the Department in the applicant's or licensee's | ||||||
19 | application file or license file maintained by the Department's | ||||||
20 | licensure maintenance unit. It is the duty of the applicant or | ||||||
21 | licensee to inform the Department of any change of address, and | ||||||
22 | such changes must be made either through the Department's | ||||||
23 | website or by contacting the Department's licensure | ||||||
24 | maintenance unit.
| ||||||
25 | (Source: P.A. 95-703, eff. 12-31-07.)
|
| |||||||
| |||||||
1 | (225 ILCS 95/7.5)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
3 | Sec. 7.5. Prescriptions ; written supervision agreements; | ||||||
4 | prescriptive authority . | ||||||
5 | (a) A written supervision agreement is required for all | ||||||
6 | physician assistants to practice in the State. | ||||||
7 | (1) A written supervision agreement shall describe the | ||||||
8 | working relationship of the physician assistant with the | ||||||
9 | supervising physician and shall authorize the categories | ||||||
10 | of care, treatment, or procedures to be performed by the | ||||||
11 | physician assistant.
The written supervision agreement | ||||||
12 | shall be defined to promote the exercise of professional | ||||||
13 | judgment by the physician assistant commensurate with his | ||||||
14 | or her education and experience. The services to be | ||||||
15 | provided by the physician assistant shall be services that | ||||||
16 | the supervising physician is authorized to and generally | ||||||
17 | provides to his or her patients in the normal course of his | ||||||
18 | or her clinical medical practice. The written supervision | ||||||
19 | agreement need not describe the exact steps that a | ||||||
20 | physician assistant must take with respect to each specific | ||||||
21 | condition, disease, or symptom but must specify which | ||||||
22 | authorized procedures require the presence of the | ||||||
23 | supervising physician as the procedures are being | ||||||
24 | performed. The supervision relationship under a written | ||||||
25 | supervision agreement shall not be construed to require the | ||||||
26 | personal presence of a physician at all times at the place |
| |||||||
| |||||||
1 | where services are rendered. Methods of communication | ||||||
2 | shall be available for consultation with the supervising | ||||||
3 | physician in person or by telecommunications in accordance | ||||||
4 | with established written guidelines as set forth in the | ||||||
5 | written supervision agreement. | ||||||
6 | (2) The written supervision agreement shall be | ||||||
7 | adequate if a physician does each of the following: | ||||||
8 | (A) Participates in the joint formulation and | ||||||
9 | joint approval of orders or guidelines with the | ||||||
10 | physician assistant and he or she periodically reviews | ||||||
11 | such orders and the services provided patients under | ||||||
12 | such orders in accordance with accepted standards of | ||||||
13 | medical practice and physician assistant practice. | ||||||
14 | (B) Meets in person with the physician assistant at | ||||||
15 | least once a month to provide supervision. | ||||||
16 | (3) A copy of the signed, written supervision agreement | ||||||
17 | must be available to the Department upon request from both | ||||||
18 | the physician assistant and the supervising physician. | ||||||
19 | (4) A physician assistant shall inform each | ||||||
20 | supervising physician of all written supervision | ||||||
21 | agreements he or she has signed and provide a copy of these | ||||||
22 | to any supervising physician upon request. | ||||||
23 | (b) A supervising physician may, but is not required to, | ||||||
24 | delegate prescriptive authority to a physician assistant as | ||||||
25 | part of a written supervision agreement. This authority may, | ||||||
26 | but is not required to, include prescription of, selection of, |
| |||||||
| |||||||
1 | orders for, administration of, storage of, acceptance of | ||||||
2 | samples of, and dispensing over the counter medications, legend | ||||||
3 | drugs, medical gases, and controlled substances categorized as | ||||||
4 | Schedule III through V controlled substances, as defined in | ||||||
5 | Article II of the Illinois Controlled Substances Act, and other | ||||||
6 | preparations, including, but not limited to, botanical and | ||||||
7 | herbal remedies. The supervising physician must have a valid, | ||||||
8 | current Illinois controlled substance license and federal | ||||||
9 | registration with the Drug Enforcement Agency to delegate the | ||||||
10 | authority to prescribe controlled substances. A supervising | ||||||
11 | physician may delegate
limited prescriptive authority to a | ||||||
12 | physician assistant.
This authority may, but is not required | ||||||
13 | to, include prescription and
dispensing of legend
drugs and | ||||||
14 | legend controlled substances categorized as Schedule III, IV, | ||||||
15 | or V
controlled substances, as defined in Article II of the | ||||||
16 | Illinois Controlled
Substances Act, as delegated in the written | ||||||
17 | guidelines required by this
Act. | ||||||
18 | (1) To prescribe Schedule III, IV, or V controlled | ||||||
19 | substances under this
Section, a physician assistant must | ||||||
20 | obtain a mid-level practitioner
controlled substances | ||||||
21 | license. Medication orders issued by a
physician
assistant | ||||||
22 | shall be reviewed
periodically by the supervising | ||||||
23 | physician. | ||||||
24 | (2) The supervising physician shall file
with the | ||||||
25 | Department notice of delegation of prescriptive authority | ||||||
26 | to a
physician assistant and
termination of delegation, |
| |||||||
| |||||||
1 | specifying the authority delegated or terminated.
Upon | ||||||
2 | receipt of this notice delegating authority to prescribe | ||||||
3 | Schedule III,
IV, or V controlled substances, the physician | ||||||
4 | assistant shall be eligible to
register for a mid-level | ||||||
5 | practitioner controlled substances license under
Section | ||||||
6 | 303.05 of the Illinois Controlled Substances Act.
Nothing | ||||||
7 | in this Act shall be construed to limit the delegation of | ||||||
8 | tasks or
duties by the supervising physician to a nurse or | ||||||
9 | other appropriately trained
personnel.
| ||||||
10 | (3) In addition to the requirements of subsection (b) | ||||||
11 | of this Section, a supervising physician may, but is not | ||||||
12 | required to, delegate authority to a physician assistant to | ||||||
13 | prescribe Schedule II controlled substances, if all of the | ||||||
14 | following conditions apply: | ||||||
15 | (A) No more than 5 Schedule II controlled | ||||||
16 | substances by oral dosage may be delegated. | ||||||
17 | (B) Any delegation must be controlled substances | ||||||
18 | that the supervising physician prescribes. | ||||||
19 | (C) Any prescription must be limited to no more | ||||||
20 | than a 30-day oral dosage, with any continuation | ||||||
21 | authorized only after prior approval of the | ||||||
22 | supervising physician. | ||||||
23 | (c) Nothing in this Act shall be construed to limit the | ||||||
24 | delegation of tasks or duties by a physician to a licensed | ||||||
25 | practical nurse, a registered professional nurse, or other | ||||||
26 | persons. The Department shall establish by rule the minimum |
| |||||||
| |||||||
1 | requirements for
written guidelines to be followed under this | ||||||
2 | Section.
| ||||||
3 | (Source: P.A. 90-116, eff. 7-14-97; 90-818, eff. 3-23-99 .)
| ||||||
4 | (225 ILCS 95/21) (from Ch. 111, par. 4621)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
6 | Sec. 21. Grounds for disciplinary action.
| ||||||
7 | (a) The Department may refuse to issue or to renew, or may
| ||||||
8 | revoke, suspend, place on probation, censure or reprimand, or | ||||||
9 | take other
disciplinary or non-disciplinary action with regard | ||||||
10 | to any license issued under this Act as the
Department may deem | ||||||
11 | proper, including the issuance of fines not to exceed
$10,000
| ||||||
12 | for each violation, for any one or combination of the following | ||||||
13 | causes:
| ||||||
14 | (1) Material misstatement in furnishing information to | ||||||
15 | the Department.
| ||||||
16 | (2) Violations of this Act, or the rules adopted under | ||||||
17 | this Act.
| ||||||
18 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
19 | contendere to any crime that is a felony under the laws of | ||||||
20 | the United States or any state or territory thereof
or that | ||||||
21 | is a misdemeanor
of which an essential element is
| ||||||
22 | dishonesty or
that
is directly related to the practice of | ||||||
23 | the
profession.
| ||||||
24 | (4) Making any misrepresentation for the purpose of | ||||||
25 | obtaining licenses.
|
| |||||||
| |||||||
1 | (5) Professional incompetence.
| ||||||
2 | (6) Aiding or assisting another person in violating any | ||||||
3 | provision of this
Act or its rules.
| ||||||
4 | (7) Failing, within 60 days, to provide information in | ||||||
5 | response to a
written request made by the Department.
| ||||||
6 | (8) Engaging in dishonorable, unethical, or | ||||||
7 | unprofessional conduct, as
defined by rule, of a character | ||||||
8 | likely to deceive, defraud, or harm the public.
| ||||||
9 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
10 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
11 | that results in a physician
assistant's inability to | ||||||
12 | practice with reasonable judgment, skill, or safety.
| ||||||
13 | (10) Discipline by another U.S. jurisdiction or | ||||||
14 | foreign nation, if at
least one of the grounds for | ||||||
15 | discipline is the same or substantially equivalent
to those | ||||||
16 | set forth in this Section.
| ||||||
17 | (11) Directly or indirectly giving to or receiving from | ||||||
18 | any person, firm,
corporation, partnership, or association | ||||||
19 | any fee, commission, rebate or
other form of compensation | ||||||
20 | for any professional services not actually or
personally | ||||||
21 | rendered.
| ||||||
22 | (12) A finding by the Disciplinary Board that the | ||||||
23 | licensee, after having
his or her license placed on | ||||||
24 | probationary status has violated the terms of
probation.
| ||||||
25 | (13) Abandonment of a patient.
| ||||||
26 | (14) Willfully making or filing false records or |
| |||||||
| |||||||
1 | reports in his or her
practice, including but not limited | ||||||
2 | to false records filed with state agencies
or departments.
| ||||||
3 | (15) Willfully failing to report an instance of | ||||||
4 | suspected child abuse or
neglect as required by the Abused | ||||||
5 | and Neglected Child Reporting Act.
| ||||||
6 | (16) Physical illness, or mental illness or impairment
| ||||||
7 | that results in the inability to practice the profession | ||||||
8 | with
reasonable judgment, skill, or safety, including, but | ||||||
9 | not limited to, deterioration through the aging process or | ||||||
10 | loss of motor skill.
| ||||||
11 | (17) Being named as a perpetrator in an indicated | ||||||
12 | report by the
Department of Children and Family Services | ||||||
13 | under the Abused and
Neglected Child Reporting Act, and | ||||||
14 | upon proof by clear and convincing evidence
that the | ||||||
15 | licensee has caused a child to be an abused child or | ||||||
16 | neglected child
as defined in the Abused and Neglected | ||||||
17 | Child Reporting Act.
| ||||||
18 | (18) (Blank).
| ||||||
19 | (19) Gross negligence
resulting in permanent injury or | ||||||
20 | death
of a patient.
| ||||||
21 | (20) Employment of fraud, deception or any unlawful | ||||||
22 | means in applying for
or securing a license as a physician | ||||||
23 | assistant.
| ||||||
24 | (21) Exceeding the authority delegated to him or her by | ||||||
25 | his or her
supervising physician in a written supervision | ||||||
26 | agreement guidelines established by the |
| |||||||
| |||||||
1 | physician/physician
assistant
team .
| ||||||
2 | (22) Immoral conduct in the commission of any act, such | ||||||
3 | as sexual abuse,
sexual misconduct or sexual exploitation | ||||||
4 | related to the licensee's practice.
| ||||||
5 | (23) Violation of the Health Care Worker Self-Referral | ||||||
6 | Act.
| ||||||
7 | (24) Practicing under a false or assumed name, except | ||||||
8 | as provided by law.
| ||||||
9 | (25) Making a false or misleading statement regarding | ||||||
10 | his or her skill or
the efficacy or value of the medicine, | ||||||
11 | treatment, or remedy prescribed by him
or her in the course | ||||||
12 | of treatment.
| ||||||
13 | (26) Allowing another person to use his or her license | ||||||
14 | to practice.
| ||||||
15 | (27) Prescribing, selling, administering, | ||||||
16 | distributing, giving, or
self-administering a drug | ||||||
17 | classified as a controlled substance (designated
product) | ||||||
18 | or narcotic for other than medically-accepted therapeutic | ||||||
19 | purposes.
| ||||||
20 | (28) Promotion of the sale of drugs, devices, | ||||||
21 | appliances, or goods
provided for a patient in a manner to | ||||||
22 | exploit the patient for financial gain.
| ||||||
23 | (29) A pattern of practice or other behavior that | ||||||
24 | demonstrates incapacity
or incompetence to practice under | ||||||
25 | this Act.
| ||||||
26 | (30) Violating State or federal laws or regulations |
| |||||||
| |||||||
1 | relating to controlled
substances or other legend drugs.
| ||||||
2 | (31) Exceeding the limited prescriptive authority | ||||||
3 | delegated by the
supervising physician or violating the | ||||||
4 | written supervision agreement guidelines delegating that
| ||||||
5 | authority.
| ||||||
6 | (32) Practicing without providing to the Department a | ||||||
7 | notice of
supervision or delegation of
prescriptive | ||||||
8 | authority.
| ||||||
9 | (b) The Department may, without a hearing, refuse to issue | ||||||
10 | or renew or may suspend the license of any
person who fails to | ||||||
11 | file a return, or to pay the tax, penalty or interest
shown in | ||||||
12 | a filed return, or to pay any final assessment of the tax,
| ||||||
13 | penalty, or interest as required by any tax Act administered by | ||||||
14 | the
Illinois Department of Revenue, until such time as the | ||||||
15 | requirements of any
such tax Act are satisfied.
| ||||||
16 | (c) The determination by a circuit court that a licensee is | ||||||
17 | subject to
involuntary admission or judicial admission as | ||||||
18 | provided in the Mental Health
and Developmental Disabilities | ||||||
19 | Code operates as an automatic suspension.
The
suspension will | ||||||
20 | end only upon a finding by a court that the patient is no
| ||||||
21 | longer subject to involuntary admission or judicial admission | ||||||
22 | and issues an
order so finding and discharging the patient, and | ||||||
23 | upon the
recommendation of
the Disciplinary Board to the | ||||||
24 | Secretary
that the licensee be allowed to resume
his or her | ||||||
25 | practice.
| ||||||
26 | (d) In enforcing this Section, the Department upon a |
| |||||||
| |||||||
1 | showing of a
possible
violation may compel an individual | ||||||
2 | licensed to practice under this Act, or
who has applied for | ||||||
3 | licensure under this Act, to submit
to a mental or physical | ||||||
4 | examination, or both, as required by and at the expense
of the | ||||||
5 | Department. The Department may order the examining physician to
| ||||||
6 | present
testimony concerning the mental or physical | ||||||
7 | examination of the licensee or
applicant. No information shall | ||||||
8 | be excluded by reason of any common law or
statutory privilege | ||||||
9 | relating to communications between the licensee or
applicant | ||||||
10 | and the examining physician. The examining
physicians
shall be | ||||||
11 | specifically designated by the Department.
The individual to be | ||||||
12 | examined may have, at his or her own expense, another
physician | ||||||
13 | of his or her choice present during all
aspects of this | ||||||
14 | examination. Failure of an individual to submit to a mental
or
| ||||||
15 | physical examination, when directed, shall be grounds for | ||||||
16 | suspension of his or
her
license until the individual submits | ||||||
17 | to the examination if the Department
finds,
after notice and | ||||||
18 | hearing, that the refusal to submit to the examination was
| ||||||
19 | without reasonable cause.
| ||||||
20 | If the Department finds an individual unable to practice | ||||||
21 | because of
the
reasons
set forth in this Section, the | ||||||
22 | Department may require that individual
to submit
to
care, | ||||||
23 | counseling, or treatment by physicians approved
or designated | ||||||
24 | by the Department, as a condition, term, or restriction
for | ||||||
25 | continued,
reinstated, or
renewed licensure to practice; or, in | ||||||
26 | lieu of care, counseling, or treatment,
the Department may file
|
| |||||||
| |||||||
1 | a complaint to immediately
suspend, revoke, or otherwise | ||||||
2 | discipline the license of the individual.
An individual whose
| ||||||
3 | license was granted, continued, reinstated, renewed, | ||||||
4 | disciplined, or supervised
subject to such terms, conditions, | ||||||
5 | or restrictions, and who fails to comply
with
such terms, | ||||||
6 | conditions, or restrictions, shall be referred to the Secretary
| ||||||
7 | for
a
determination as to whether the individual shall have his | ||||||
8 | or her license
suspended immediately, pending a hearing by the | ||||||
9 | Department.
| ||||||
10 | In instances in which the Secretary
immediately suspends a | ||||||
11 | person's license
under this Section, a hearing on that person's | ||||||
12 | license must be convened by
the Department within 30
days after | ||||||
13 | the suspension and completed without
appreciable
delay.
The | ||||||
14 | Department shall have the authority to review the subject
| ||||||
15 | individual's record of
treatment and counseling regarding the | ||||||
16 | impairment to the extent permitted by
applicable federal | ||||||
17 | statutes and regulations safeguarding the confidentiality of
| ||||||
18 | medical records.
| ||||||
19 | An individual licensed under this Act and affected under | ||||||
20 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
21 | the Department that he or
she can resume
practice in compliance | ||||||
22 | with acceptable and prevailing standards under the
provisions | ||||||
23 | of his or her license.
| ||||||
24 | (Source: P.A. 95-703, eff. 12-31-07.)
| ||||||
25 | Section 15. The Illinois Controlled Substances Act is |
| |||||||
| |||||||
1 | amended by changing Sections 102 and 303.05 as follows:
| ||||||
2 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
3 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
4 | context
otherwise requires:
| ||||||
5 | (a) "Addict" means any person who habitually uses any drug, | ||||||
6 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
7 | to endanger the public
morals, health, safety or welfare or who | ||||||
8 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
9 | substance other than alcohol as to have lost
the power of self | ||||||
10 | control with reference to his addiction.
| ||||||
11 | (b) "Administer" means the direct application of a | ||||||
12 | controlled
substance, whether by injection, inhalation, | ||||||
13 | ingestion, or any other
means, to the body of a patient, | ||||||
14 | research subject, or animal (as
defined by the Humane | ||||||
15 | Euthanasia in Animal Shelters Act) by:
| ||||||
16 | (1) a practitioner (or, in his presence, by his | ||||||
17 | authorized agent),
| ||||||
18 | (2) the patient or research subject at the lawful | ||||||
19 | direction of the
practitioner, or
| ||||||
20 | (3) a euthanasia technician as defined by the Humane | ||||||
21 | Euthanasia in
Animal Shelters Act.
| ||||||
22 | (c) "Agent" means an authorized person who acts on behalf | ||||||
23 | of or at
the direction of a manufacturer, distributor, or | ||||||
24 | dispenser. It does not
include a common or contract carrier, | ||||||
25 | public warehouseman or employee of
the carrier or warehouseman.
|
| |||||||
| |||||||
1 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
2 | substance,
chemically and pharmacologically related to | ||||||
3 | testosterone (other than
estrogens, progestins, and | ||||||
4 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
5 | (i) boldenone,
| ||||||
6 | (ii) chlorotestosterone,
| ||||||
7 | (iii) chostebol,
| ||||||
8 | (iv) dehydrochlormethyltestosterone,
| ||||||
9 | (v) dihydrotestosterone,
| ||||||
10 | (vi) drostanolone,
| ||||||
11 | (vii) ethylestrenol,
| ||||||
12 | (viii) fluoxymesterone,
| ||||||
13 | (ix) formebulone,
| ||||||
14 | (x) mesterolone,
| ||||||
15 | (xi) methandienone,
| ||||||
16 | (xii) methandranone,
| ||||||
17 | (xiii) methandriol,
| ||||||
18 | (xiv) methandrostenolone,
| ||||||
19 | (xv) methenolone,
| ||||||
20 | (xvi) methyltestosterone,
| ||||||
21 | (xvii) mibolerone,
| ||||||
22 | (xviii) nandrolone,
| ||||||
23 | (xix) norethandrolone,
| ||||||
24 | (xx) oxandrolone,
| ||||||
25 | (xxi) oxymesterone,
| ||||||
26 | (xxii) oxymetholone,
|
| |||||||
| |||||||
1 | (xxiii) stanolone,
| ||||||
2 | (xxiv) stanozolol,
| ||||||
3 | (xxv) testolactone,
| ||||||
4 | (xxvi) testosterone,
| ||||||
5 | (xxvii) trenbolone, and
| ||||||
6 | (xxviii) any salt, ester, or isomer of a drug or | ||||||
7 | substance described
or listed in this paragraph, if | ||||||
8 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
9 | Any person who is otherwise lawfully in possession of an | ||||||
10 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
11 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
12 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
13 | expressly intended for and lawfully allowed to be
administered | ||||||
14 | through implants to livestock or other nonhuman species, and
| ||||||
15 | which is approved by the Secretary of Health and Human Services | ||||||
16 | for such
administration, and which the person intends to | ||||||
17 | administer or have
administered through such implants, shall | ||||||
18 | not be considered to be in
unauthorized possession or to | ||||||
19 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
20 | possess with intent to deliver such anabolic steroid for
| ||||||
21 | purposes of this Act.
| ||||||
22 | (d) "Administration" means the Drug Enforcement | ||||||
23 | Administration,
United States Department of Justice, or its | ||||||
24 | successor agency.
| ||||||
25 | (e) "Control" means to add a drug or other substance, or | ||||||
26 | immediate
precursor, to a Schedule under Article II of this Act |
| |||||||
| |||||||
1 | whether by
transfer from another Schedule or otherwise.
| ||||||
2 | (f) "Controlled Substance" means a drug, substance, or | ||||||
3 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
4 | (g) "Counterfeit substance" means a controlled substance, | ||||||
5 | which, or
the container or labeling of which, without | ||||||
6 | authorization bears the
trademark, trade name, or other | ||||||
7 | identifying mark, imprint, number or
device, or any likeness | ||||||
8 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
9 | than the person who in fact manufactured, distributed,
or | ||||||
10 | dispensed the substance.
| ||||||
11 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
12 | or
attempted transfer of possession of a controlled substance, | ||||||
13 | with or
without consideration, whether or not there is an | ||||||
14 | agency relationship.
| ||||||
15 | (i) "Department" means the Illinois Department of Human | ||||||
16 | Services (as
successor to the Department of Alcoholism and | ||||||
17 | Substance Abuse) or its successor agency.
| ||||||
18 | (j) "Department of State Police" means the Department of | ||||||
19 | State
Police of the State of Illinois or its successor agency.
| ||||||
20 | (k) "Department of Corrections" means the Department of | ||||||
21 | Corrections
of the State of Illinois or its successor agency.
| ||||||
22 | (l) "Department of Professional Regulation" means the | ||||||
23 | Department
of Professional Regulation of the State of Illinois | ||||||
24 | or its successor agency.
| ||||||
25 | (m) "Depressant" or "stimulant substance" means:
| ||||||
26 | (1) a drug which contains any quantity of (i) |
| |||||||
| |||||||
1 | barbituric acid or
any of the salts of barbituric acid | ||||||
2 | which has been designated as habit
forming under section | ||||||
3 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
4 | U.S.C. 352 (d)); or
| ||||||
5 | (2) a drug which contains any quantity of (i) | ||||||
6 | amphetamine or
methamphetamine and any of their optical | ||||||
7 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
8 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
9 | substance which the Department, after
investigation, has | ||||||
10 | found to be, and by rule designated as, habit forming
| ||||||
11 | because of its depressant or stimulant effect on the | ||||||
12 | central nervous
system; or
| ||||||
13 | (3) lysergic acid diethylamide; or
| ||||||
14 | (4) any drug which contains any quantity of a substance | ||||||
15 | which the
Department, after investigation, has found to | ||||||
16 | have, and by rule
designated as having, a potential for | ||||||
17 | abuse because of its depressant or
stimulant effect on the | ||||||
18 | central nervous system or its hallucinogenic
effect.
| ||||||
19 | (n) (Blank).
| ||||||
20 | (o) "Director" means the Director of the Department of | ||||||
21 | State Police or
the Department of Professional Regulation or | ||||||
22 | his designated agents.
| ||||||
23 | (p) "Dispense" means to deliver a controlled substance to | ||||||
24 | an
ultimate user or research subject by or pursuant to the | ||||||
25 | lawful order of
a prescriber, including the prescribing, | ||||||
26 | administering, packaging,
labeling, or compounding necessary |
| |||||||
| |||||||
1 | to prepare the substance for that
delivery.
| ||||||
2 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
3 | (r) "Distribute" means to deliver, other than by | ||||||
4 | administering or
dispensing, a controlled substance.
| ||||||
5 | (s) "Distributor" means a person who distributes.
| ||||||
6 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
7 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
8 | Pharmacopoeia of the
United States, or official National | ||||||
9 | Formulary, or any supplement to any
of them; (2) substances | ||||||
10 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
11 | prevention of disease in man or animals; (3) substances
(other | ||||||
12 | than food) intended to affect the structure of any function of
| ||||||
13 | the body of man or animals and (4) substances intended for use | ||||||
14 | as a
component of any article specified in clause (1), (2), or | ||||||
15 | (3) of this
subsection. It does not include devices or their | ||||||
16 | components, parts, or
accessories.
| ||||||
17 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
18 | Department of Professional Regulation for the
purpose of animal | ||||||
19 | euthanasia that holds an animal control facility license or
| ||||||
20 | animal
shelter license under the Animal Welfare Act. A | ||||||
21 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
22 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
23 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
24 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
25 | substances
(nonnarcotic controlled substances) that are used | ||||||
26 | by a euthanasia agency for
the purpose of animal euthanasia.
|
| |||||||
| |||||||
1 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
2 | controlled
substance by a practitioner in the regular course of | ||||||
3 | professional
treatment to or for any person who is under his | ||||||
4 | treatment for a
pathology or condition other than that | ||||||
5 | individual's physical or
psychological dependence upon or | ||||||
6 | addiction to a controlled substance,
except as provided herein: | ||||||
7 | and application of the term to a pharmacist
shall mean the | ||||||
8 | dispensing of a controlled substance pursuant to the
| ||||||
9 | prescriber's order which in the professional judgment of the | ||||||
10 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
11 | accepted professional
standards including, but not limited to | ||||||
12 | the following, in making the
judgment:
| ||||||
13 | (1) lack of consistency of doctor-patient | ||||||
14 | relationship,
| ||||||
15 | (2) frequency of prescriptions for same drug by one | ||||||
16 | prescriber for
large numbers of patients,
| ||||||
17 | (3) quantities beyond those normally prescribed,
| ||||||
18 | (4) unusual dosages,
| ||||||
19 | (5) unusual geographic distances between patient, | ||||||
20 | pharmacist and
prescriber,
| ||||||
21 | (6) consistent prescribing of habit-forming drugs.
| ||||||
22 | (u-1) "Home infusion services" means services provided by a | ||||||
23 | pharmacy in
compounding solutions for direct administration to | ||||||
24 | a patient in a private
residence, long-term care facility, or | ||||||
25 | hospice setting by means of parenteral,
intravenous, | ||||||
26 | intramuscular, subcutaneous, or intraspinal infusion.
|
| |||||||
| |||||||
1 | (v) "Immediate precursor" means a substance:
| ||||||
2 | (1) which the Department has found to be and by rule | ||||||
3 | designated as
being a principal compound used, or produced | ||||||
4 | primarily for use, in the
manufacture of a controlled | ||||||
5 | substance;
| ||||||
6 | (2) which is an immediate chemical intermediary used or | ||||||
7 | likely to
be used in the manufacture of such controlled | ||||||
8 | substance; and
| ||||||
9 | (3) the control of which is necessary to prevent, | ||||||
10 | curtail or limit
the manufacture of such controlled | ||||||
11 | substance.
| ||||||
12 | (w) "Instructional activities" means the acts of teaching, | ||||||
13 | educating
or instructing by practitioners using controlled | ||||||
14 | substances within
educational facilities approved by the State | ||||||
15 | Board of Education or
its successor agency.
| ||||||
16 | (x) "Local authorities" means a duly organized State, | ||||||
17 | County or
Municipal peace unit or police force.
| ||||||
18 | (y) "Look-alike substance" means a substance, other than a | ||||||
19 | controlled
substance which (1) by overall dosage unit | ||||||
20 | appearance, including shape,
color, size, markings or lack | ||||||
21 | thereof, taste, consistency, or any other
identifying physical | ||||||
22 | characteristic of the substance, would lead a reasonable
person | ||||||
23 | to believe that the substance is a controlled substance, or (2) | ||||||
24 | is
expressly or impliedly represented to be a controlled | ||||||
25 | substance or is
distributed under circumstances which would | ||||||
26 | lead a reasonable person to
believe that the substance is a |
| |||||||
| |||||||
1 | controlled substance. For the purpose of
determining whether | ||||||
2 | the representations made or the circumstances of the
| ||||||
3 | distribution would lead a reasonable person to believe the | ||||||
4 | substance to be
a controlled substance under this clause (2) of | ||||||
5 | subsection (y), the court or
other authority may consider the | ||||||
6 | following factors in addition to any other
factor that may be | ||||||
7 | relevant:
| ||||||
8 | (a) statements made by the owner or person in control | ||||||
9 | of the substance
concerning its nature, use or effect;
| ||||||
10 | (b) statements made to the buyer or recipient that the | ||||||
11 | substance may
be resold for profit;
| ||||||
12 | (c) whether the substance is packaged in a manner | ||||||
13 | normally used for the
illegal distribution of controlled | ||||||
14 | substances;
| ||||||
15 | (d) whether the distribution or attempted distribution | ||||||
16 | included an
exchange of or demand for money or other | ||||||
17 | property as consideration, and
whether the amount of the | ||||||
18 | consideration was substantially greater than the
| ||||||
19 | reasonable retail market value of the substance.
| ||||||
20 | Clause (1) of this subsection (y) shall not apply to a | ||||||
21 | noncontrolled
substance in its finished dosage form that was | ||||||
22 | initially introduced into
commerce prior to the initial | ||||||
23 | introduction into commerce of a controlled
substance in its | ||||||
24 | finished dosage form which it may substantially resemble.
| ||||||
25 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
26 | distributing
of noncontrolled substances by persons authorized |
| |||||||
| |||||||
1 | to dispense and
distribute controlled substances under this | ||||||
2 | Act, provided that such action
would be deemed to be carried | ||||||
3 | out in good faith under subsection (u) if the
substances | ||||||
4 | involved were controlled substances.
| ||||||
5 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
6 | manufacture,
preparation, propagation, compounding, | ||||||
7 | processing, packaging, advertising
or distribution of a drug or | ||||||
8 | drugs by any person registered pursuant to
Section 510 of the | ||||||
9 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
10 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
11 | located in a state
of the United States, other than Illinois, | ||||||
12 | that delivers, dispenses or
distributes, through the United | ||||||
13 | States Postal Service or other common
carrier, to Illinois | ||||||
14 | residents, any substance which requires a prescription.
| ||||||
15 | (z) "Manufacture" means the production, preparation, | ||||||
16 | propagation,
compounding, conversion or processing of a | ||||||
17 | controlled substance other than methamphetamine, either
| ||||||
18 | directly or indirectly, by extraction from substances of | ||||||
19 | natural origin,
or independently by means of chemical | ||||||
20 | synthesis, or by a combination of
extraction and chemical | ||||||
21 | synthesis, and includes any packaging or
repackaging of the | ||||||
22 | substance or labeling of its container, except that
this term | ||||||
23 | does not include:
| ||||||
24 | (1) by an ultimate user, the preparation or compounding | ||||||
25 | of a
controlled substance for his own use; or
| ||||||
26 | (2) by a practitioner, or his authorized agent under |
| |||||||
| |||||||
1 | his
supervision, the preparation, compounding, packaging, | ||||||
2 | or labeling of a
controlled substance:
| ||||||
3 | (a) as an incident to his administering or | ||||||
4 | dispensing of a
controlled substance in the course of | ||||||
5 | his professional practice; or
| ||||||
6 | (b) as an incident to lawful research, teaching or | ||||||
7 | chemical
analysis and not for sale.
| ||||||
8 | (z-1) (Blank).
| ||||||
9 | (aa) "Narcotic drug" means any of the following, whether | ||||||
10 | produced
directly or indirectly by extraction from substances | ||||||
11 | of natural origin,
or independently by means of chemical | ||||||
12 | synthesis, or by a combination of
extraction and chemical | ||||||
13 | synthesis:
| ||||||
14 | (1) opium and opiate, and any salt, compound, | ||||||
15 | derivative, or
preparation of opium or opiate;
| ||||||
16 | (2) any salt, compound, isomer, derivative, or | ||||||
17 | preparation thereof
which is chemically equivalent or | ||||||
18 | identical with any of the substances
referred to in clause | ||||||
19 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
20 | (3) opium poppy and poppy straw;
| ||||||
21 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
22 | of an isomer,
derivative, or preparation of coca leaves | ||||||
23 | including cocaine or ecgonine,
and any salt, compound, | ||||||
24 | isomer, derivative, or preparation thereof which is
| ||||||
25 | chemically equivalent or identical with any of these | ||||||
26 | substances, but not
including decocainized coca leaves or |
| |||||||
| |||||||
1 | extractions of coca leaves which do
not contain cocaine or | ||||||
2 | ecgonine (for the purpose of this paragraph, the
term | ||||||
3 | "isomer" includes optical, positional and geometric | ||||||
4 | isomers).
| ||||||
5 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
6 | Nurse Practice Act.
| ||||||
7 | (cc) (Blank).
| ||||||
8 | (dd) "Opiate" means any substance having an addiction | ||||||
9 | forming or
addiction sustaining liability similar to morphine | ||||||
10 | or being capable of
conversion into a drug having addiction | ||||||
11 | forming or addiction sustaining
liability.
| ||||||
12 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
13 | somniferum L., except its seeds.
| ||||||
14 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
15 | Board of
the State of Illinois or its successor agency.
| ||||||
16 | (gg) "Person" means any individual, corporation, | ||||||
17 | mail-order pharmacy,
government or governmental subdivision or | ||||||
18 | agency, business trust, estate,
trust, partnership or | ||||||
19 | association, or any other entity.
| ||||||
20 | (hh) "Pharmacist" means any person who holds a license or | ||||||
21 | certificate of
registration as a registered pharmacist, a local | ||||||
22 | registered pharmacist
or a registered assistant pharmacist | ||||||
23 | under the Pharmacy Practice Act.
| ||||||
24 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
25 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
26 | Practice Act.
|
| |||||||
| |||||||
1 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
2 | the opium
poppy, after mowing.
| ||||||
3 | (kk) "Practitioner" means a physician licensed to practice | ||||||
4 | medicine in all
its branches, dentist, optometrist, | ||||||
5 | podiatrist,
veterinarian, scientific investigator, pharmacist, | ||||||
6 | physician assistant,
advanced practice nurse,
licensed | ||||||
7 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
8 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
9 | lawfully permitted by the
United States or this State to | ||||||
10 | distribute, dispense, conduct research
with respect to, | ||||||
11 | administer or use in teaching or chemical analysis, a
| ||||||
12 | controlled substance in the course of professional practice or | ||||||
13 | research.
| ||||||
14 | (ll) "Pre-printed prescription" means a written | ||||||
15 | prescription upon which
the designated drug has been indicated | ||||||
16 | prior to the time of issuance.
| ||||||
17 | (mm) "Prescriber" means a physician licensed to practice | ||||||
18 | medicine in all
its branches, dentist, optometrist, podiatrist | ||||||
19 | or
veterinarian who issues a prescription, a physician | ||||||
20 | assistant who
issues a
prescription for a Schedule III, IV, or | ||||||
21 | V controlled substance
in accordance
with Section 303.05 , a | ||||||
22 | written delegation, and a the written supervision agreement | ||||||
23 | guidelines required under Section 7.5
of the
Physician | ||||||
24 | Assistant Practice Act of 1987, or an advanced practice
nurse | ||||||
25 | with prescriptive authority delegated under Section 65-40 of | ||||||
26 | the Nurse Practice Act and in accordance with Section 303.05 , a |
| |||||||
| |||||||
1 | written delegation,
and a written
collaborative agreement | ||||||
2 | under Section 65-35 of the Nurse Practice Act.
| ||||||
3 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
4 | verbal order
of
a physician licensed to practice medicine in | ||||||
5 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
6 | controlled
substance, of an optometrist for a Schedule III, IV, | ||||||
7 | or V controlled substance in accordance with Section 15.1 of | ||||||
8 | the Illinois Optometric Practice Act of 1987, of a physician | ||||||
9 | assistant for a Schedule III, IV, or V
controlled substance
in | ||||||
10 | accordance with Section 303.05 , a written delegation, and a the | ||||||
11 | written supervision agreement guidelines required under
| ||||||
12 | Section 7.5 of the
Physician Assistant Practice Act of 1987, or | ||||||
13 | of an advanced practice
nurse with prescriptive authority | ||||||
14 | delegated under Section 65-40 of the Nurse Practice Act who | ||||||
15 | issues a prescription for a Schedule III, IV, or V
controlled | ||||||
16 | substance in accordance
with
Section 303.05 , a written | ||||||
17 | delegation, and a written collaborative agreement under | ||||||
18 | Section 65-35 of the Nurse Practice Act.
| ||||||
19 | (oo) "Production" or "produce" means manufacture, | ||||||
20 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
21 | substance other than methamphetamine.
| ||||||
22 | (pp) "Registrant" means every person who is required to | ||||||
23 | register
under Section 302 of this Act.
| ||||||
24 | (qq) "Registry number" means the number assigned to each | ||||||
25 | person
authorized to handle controlled substances under the | ||||||
26 | laws of the United
States and of this State.
|
| |||||||
| |||||||
1 | (rr) "State" includes the State of Illinois and any state, | ||||||
2 | district,
commonwealth, territory, insular possession thereof, | ||||||
3 | and any area
subject to the legal authority of the United | ||||||
4 | States of America.
| ||||||
5 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
6 | a
controlled substance for his own use or for the use of a | ||||||
7 | member of his
household or for administering to an animal owned | ||||||
8 | by him or by a member
of his household.
| ||||||
9 | (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08; | ||||||
10 | 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff. | ||||||
11 | 8-21-08.)
| ||||||
12 | (720 ILCS 570/303.05)
| ||||||
13 | Sec. 303.05. Mid-level practitioner registration.
| ||||||
14 | (a) The Department of Financial and Professional | ||||||
15 | Regulation shall register licensed
physician assistants and | ||||||
16 | licensed advanced practice nurses to prescribe and
dispense | ||||||
17 | Schedule
III, IV, or V controlled substances under Section 303 | ||||||
18 | and euthanasia
agencies to purchase, store, or administer | ||||||
19 | animal euthanasia drugs under the
following circumstances:
| ||||||
20 | (1) with respect to physician assistants or advanced | ||||||
21 | practice nurses ,
| ||||||
22 | (A) the physician assistant or advanced practice | ||||||
23 | nurse has been
delegated
prescriptive authority to | ||||||
24 | prescribe any Schedule III through V controlled | ||||||
25 | substances by a physician licensed to practice |
| |||||||
| |||||||
1 | medicine in all its
branches in accordance with Section | ||||||
2 | 7.5 of the Physician Assistant Practice Act
of 1987 or | ||||||
3 | Section 65-40 of the Nurse Practice Act;
and
the (B) | ||||||
4 | the physician assistant or advanced practice nurse has
| ||||||
5 | completed the
appropriate application forms and has | ||||||
6 | paid the required fees as set by rule;
or
| ||||||
7 | (B) the physician assistant has been delegated
| ||||||
8 | authority by a supervising physician licensed to | ||||||
9 | practice medicine in all its branches to prescribe or | ||||||
10 | dispense Schedule II controlled substances through a | ||||||
11 | written delegation of authority and under the | ||||||
12 | following conditions: | ||||||
13 | (i) no more than 5 Schedule II controlled | ||||||
14 | substances by oral dosage may be delegated; | ||||||
15 | (ii) any delegation must be of controlled | ||||||
16 | substances prescribed by the supervising | ||||||
17 | physician; | ||||||
18 | (iii) all prescriptions must be limited to no | ||||||
19 | more than a 30-day oral dosage, with any | ||||||
20 | continuation authorized only after prior approval | ||||||
21 | of the supervising physician; | ||||||
22 | (iv) the physician assistant must discuss the | ||||||
23 | condition of any patients for whom a controlled | ||||||
24 | substance is prescribed monthly with the | ||||||
25 | delegating physician; and | ||||||
26 | (v) the physician assistant must have |
| |||||||
| |||||||
1 | completed the appropriate application forms and | ||||||
2 | paid the required fees as set by rule; and | ||||||
3 | (2) with respect to advanced practice nurses, | ||||||
4 | (A) the advanced practice nurse has been delegated
| ||||||
5 | authority to prescribe any Schedule III through V | ||||||
6 | controlled substances by a physician licensed to | ||||||
7 | practice medicine in all its branches or a podiatrist | ||||||
8 | in accordance with Section 65-40 of the Nurse Practice
| ||||||
9 | Act. The advanced practice nurse has completed the
| ||||||
10 | appropriate application forms and has paid the | ||||||
11 | required
fees as set by rule; or | ||||||
12 | (B) the advanced practice nurse has been delegated
| ||||||
13 | authority by a collaborating physician licensed to | ||||||
14 | practice medicine in all its branches to prescribe or | ||||||
15 | dispense Schedule II controlled substances through a | ||||||
16 | written delegation of authority and under the | ||||||
17 | following conditions: | ||||||
18 | (i) no more than 5 Schedule II controlled | ||||||
19 | substances by oral dosage may be delegated; | ||||||
20 | (ii) any delegation must be of controlled | ||||||
21 | substances prescribed by the collaborating | ||||||
22 | physician; | ||||||
23 | (iii) all prescriptions must be limited to no | ||||||
24 | more than a 30-day oral dosage, with any | ||||||
25 | continuation authorized only after prior approval | ||||||
26 | of the collaborating physician; |
| |||||||
| |||||||
1 | (iv) the advanced practice nurse must discuss | ||||||
2 | the condition of any patients for whom a controlled | ||||||
3 | substance is prescribed monthly with the | ||||||
4 | delegating physician; and | ||||||
5 | (v) the advanced practice nurse must have | ||||||
6 | completed the appropriate application forms and | ||||||
7 | paid the required fees as set by rule; or | ||||||
8 | (3) (2) with respect to animal euthanasia agencies, the | ||||||
9 | euthanasia agency has
obtained a license from the | ||||||
10 | Department of
Professional Regulation and obtained a | ||||||
11 | registration number from the
Department.
| ||||||
12 | (b) The mid-level practitioner shall only be licensed to | ||||||
13 | prescribe those
schedules of controlled substances for which a | ||||||
14 | licensed physician or licensed podiatrist has delegated
| ||||||
15 | prescriptive authority, except that an animal a euthanasia | ||||||
16 | agency does not have any
prescriptive authority.
A physician | ||||||
17 | assistant and an advanced practice nurse are prohibited from | ||||||
18 | prescribing medications and controlled substances not set | ||||||
19 | forth in the required written delegation of authority.
| ||||||
20 | (c) Upon completion of all registration requirements, | ||||||
21 | physician
assistants, advanced practice nurses, and animal | ||||||
22 | euthanasia agencies shall be issued a
mid-level practitioner
| ||||||
23 | controlled substances license for Illinois.
| ||||||
24 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 |