Bill Text: IL HB3721 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Replaces references to "naturopathic physician" with "naturopathic doctor". Authorizes licensees under the Act to only use certain titles. Adds a provision requiring naturopathic doctors to enter into written collaborative agreements with collaborating physicians. Makes changes to the authorized scope of practice for naturopathic doctors. Removes provisions amending the Illinois Controlled Substances Act. Further amends the Medical Practice Act of 1987. Authorizes physicians to collaborate with a naturopathic doctor in accordance with the requirements of the Naturopathic Medical Practice Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB3721 Detail]

Download: Illinois-2023-HB3721-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3721 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
New Act
720 ILCS 570/102 from Ch. 56 1/2, par. 1102
Creates the Naturopathic Medical Practice Act. Provides for the licensure of naturopathic physicians. Creates the Naturopathic Physician Medical Board. Provides that the Board shall oversee the licensure of naturopathic physicians and matters relating to training and licensure of naturopathic physicians. Provides for membership of the Board and duties of the Board. Contains provisions concerning: definitions; qualifications for licensure; approval of naturopathic medical educational programs; display of license; scope of practice; referral requirements; prohibited conduct by licenses; exemptions from the Act; title protection; license expiration, renewal, denial, revocation, and continuing education; grounds for disciplinary action; investigation, notice, hearing; record of proceedings; and confidentiality. Amends the Illinois Controlled Substances Act. Adds internal references to naturopathic physicians in the definitions of "practitioner", "prescriber", and "prescription". Effective immediately.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Naturopathic Medical Practice Act.
Section 5. Purpose and findings. The practice of
naturopathic medicine in the State is declared to affect the
public health, safety, and welfare and to be subject to
regulation and control in the public interest. It is further
declared to be a matter of public interest that naturopathic
physicians and the practice of naturopathic medicine, as
defined in this Act, merit the confidence of the public, that
only qualified persons be authorized to practice naturopathic
medicine in the State, and that no person shall practice
naturopathic medicine without a valid existing license to do
so.
The State is facing an unprecedented physician shortage in
urban counties and an even higher shortage in rural counties.
The COVID-19 pandemic increased that shortage exponentially.
Naturopathic physicians with a proper scope of practice can
help fill this void.
The General Assembly recognizes that naturopathic
physicians comprise a distinct health care profession that

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affects the public health, safety, and welfare and that
licensure of naturopathic physicians will increase freedom of
choice in health care and help address the physician shortage
in the State. This Act shall be liberally construed to best
carry out these subjects and purposes.
Section 10. Definitions. In this Act:
"Approved naturopathic medical educational program" means
an educational program that the Board has approved as meeting
the requirements of Section 20 of this Act that prepares
naturopathic physicians for the practice of naturopathic
medicine.
"Association" means an entity that is approved by the
American Association of Naturopathic Physicians, which entity
represents the interests of naturopathic physicians in this
State.
"Board" means the Naturopathic Physician Medical Board
established pursuant to Section 55 of this Act.
"Clinical laboratory procedure" means the use of
venipuncture consistent with naturopathic medical practice,
commonly used diagnostic modalities consistent with
naturopathic practice, the recording of a patient's health
history, physical examination, ordering and interpretation of
radiographic diagnostics and other standard imaging and
examination of body orifices, excluding endoscopy and
colonoscopy. "Clinical laboratory procedure" includes the

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practice of obtaining samples of human tissues, except
surgical excision beyond surgical excision that is authorized
as a minor office procedure.
"Drug" has the same meaning as set forth in Section 102 of
the Illinois Controlled Substances Act.
"Homeopathic medicine" means a system of medicine based on
the use of infinitesimal doses of substances capable of
producing symptoms similar to those of the disease treated, as
listed in the Homeopathic Pharmacopoeia of the United States.
"Hygiene" means the use of preventive techniques,
including personal hygiene for asepsis, public health, and
safety.
"Laboratory examination" means:
(1) phlebotomy;
(2) a clinical laboratory procedure;
(3) an orificial examination;
(4) a physiological function test; and
(5) a screening or test that is consistent with
naturopathic education and training.
"Legend drug" has the same meaning as set forth in Section
3.23 of the Illinois Food, Drug and Cosmetic Act.
"License" means a license issued by the Board to an
individual pursuant to this Act and rules authorizing that
individual to practice naturopathic medicine in this State.
"Licensee" means a naturopathic physician licensed by the
Board to practice naturopathic medicine in this State.

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"Minor office procedure" means minor surgical care and
procedures, including:
(1) surgical care incidental to superficial
laceration, lesion, or abrasion, excluding surgical care
to treat a lesion suspected of malignancy;
(2) the removal of foreign bodies located in
superficial structures, excluding the globe of the eye;
(3) trigger point therapy;
(4) dermal stimulation;
(5) allergy testing and treatment; and
(6) the use of antiseptics and topical or local
anesthetics.
"Naturopathic medicine" means:
(1) a system of health care for the prevention,
diagnosis and treatment of human health conditions,
injury, and disease;
(2) the promotion or restoration of health; and
(3) the support and stimulation of a patient's
inherent self-healing processes through patient education
and the use of naturopathic therapies and therapeutic
substances.
"Naturopathic physical medicine" means the use of one or
more of the following physical agents in a manner consistent
with naturopathic medical practice on a part or the whole of
the body, by hand or by mechanical means, in the resolution of
a human ailment or conditions:

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(1) air;
(2) water;
(3) heat;
(4) cold;
(5) sound;
(6) light;
(7) electromagnetism;
(8) colon hydrotherapy;
(9) soft tissue therapy;
(10) joint mobilization;
(11) therapeutic exercise; or
(12) naturopathic manipulation.
"Naturopathic physician" means an individual licensed
pursuant to this Act as a naturopathic physician to practice
naturopathic medicine in this State.
"Naturopathic therapy" means the use of:
(1) naturopathic physical medicine;
(2) suggestion;
(3) hygiene;
(4) a therapeutic substance;
(5) nutrition and food science;
(6) homeopathic medicine;
(7) a clinical laboratory procedure; or
(8) a minor office procedure.
"Nutrition and food science" means the prevention and
treatment of disease or other human conditions through the use

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of food, water, herbs, roots, bark, or natural food elements.
"Prescription" has the same meaning as set forth in
Section 3 of the Pharmacy Practice Act.
"Professional examination" means a competency based
naturopathic physician licensing examination as determined by
Department rule.
"Suggestion" means a technique using:
(1) biofeedback;
(2) hypnosis;
(3) health education; or
(4) health counseling.
"Telehealth" or "telepractice" means the delivery of
services under this Act by using electronic communication,
information technologies, or other means between an individual
licensed under this Act in one location and a patient or client
in another location, with or without an intervening healthcare
provider. "Telehealth" or "telepractice" includes direct,
interactive patient encounters, asynchronous
store-and-forward technologies, and remote monitoring.
Telehealth or telepractice is not prohibited under this Act
provided that the provision of telehealth or telepractice
services is appropriate for the client and the level of care
provided meets the required level of care for that client.
Individuals providing services regulated by this Act via
telepractice shall comply with and are subject to all
licensing and disciplinary provisions of this Act.

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"Therapeutic substance" means any of the following
exemplified in a standard naturopathic medical text, journal,
or pharmacopeia:
(1) a vitamin;
(2) a mineral;
(3) a nutraceutical;
(4) a botanical medicine;
(5) oxygen;
(6) a homeopathic medicine;
(7) a hormone;
(8) a hormonal or pharmaceutical contraceptive device;
or
(9) other physiologic substance.
Section 15. Qualifications for licensure. The Board shall
license an applicant who:
(1) submits, in accordance with rules of the
Department, the following items to the Board:
(A) an application for licensure designed and
approved by the Board and submitted in accordance with
rules of the Department;
(B) an application fee submitted in an amount and
manner established by rules of the Department;
(C) evidence that the applicant has graduated from
a Council on Naturopathic Medical Education or an
equivalent federally recognized accrediting body,

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approved naturopathic medical education program;
(D) evidence that the applicant has passed a
professional examination authorized by rule of the
Department and administered by the North American
Board of Naturopathic Examiners or its successor;
(E) evidence that the applicant has passed a
pharmacy examination authorized by rules of the
Department and administered by the North American
Board of Naturopathic Examiners or its successor;
(F) evidence that the applicant has passed a minor
surgery examination authorized by rules of the
Department and administered by the North American
Board of Naturopathic Examiners or its successor; and
(G) evidence of professional liability insurance
with policy limits not less than prescribed by the
Department;
(2) is determined by the Board to be physically and
mentally capable of safely practicing naturopathic
medicine with or without reasonable accommodation; and
(3) has not had a license to practice naturopathic
medicine or other health care license, registration, or
certificate refused, revoked, or suspended by any other
jurisdiction for reasons that relate to the applicant's
ability to skillfully and safely practice naturopathic
medicine unless that license, registration, or
certification has been restored to good standing by that

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jurisdiction.
Section 20. Approved naturopathic medical educational
program. The Department shall establish, by rule, guidelines
for an approved naturopathic medical educational program,
which guidelines shall meet the following requirements and the
Department's specifications for the education of naturopathic
physicians. The approved naturopathic medical educational
program shall:
(1) offer graduate-level, full-time didactic and
supervised clinical training;
(2) be accredited, or have achieved candidacy status
for accreditation, by the Council on Naturopathic Medical
Education or an equivalent federally recognized
accrediting body for naturopathic medical programs that is
also recognized by the Department; and
(3) be conducted by an institution of higher
education, or a division of an institution of higher
education, that:
(A) is accredited or is a candidate for
accreditation by a regional or national institutional
accrediting agency recognized by the United States
Secretary of Education or a diploma-granting,
degree-equivalent college or university; or
(B) meets equivalent standards for recognition of
accreditation established by rules of the Department

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for medical education programs offered in Canada.
Section 25. Display of license. A licensee shall display
the licensee's license in the licensee's place of business in
a location clearly visible to the licensee's patients and
shall also display evidence of the licensee having completed
an approved naturopathic medical educational program.
Section 30. Scope of practice.
(a) A licensee may practice naturopathic medicine to
provide primary care in alignment with naturopathic medical
education to:
(1) perform physical examinations;
(2) order laboratory examinations;
(3) order diagnostic imaging studies;
(4) interpret the results of laboratory examinations
for diagnostic purposes;
(5) order and, based on a radiologist's report, take
action on diagnostic imaging studies in a manner
consistent with naturopathic training;
(6) prescribe, administer, dispense, and order food,
extracts of food, nutraceuticals, vitamins, amino acids,
minerals, enzymes, botanicals and their extracts,
botanical medicines, homeopathic medicines, dietary
supplements, and nonprescription drugs as defined by the
Federal Food, Drug, and Cosmetic Act;

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(7) dispense and order all legend drugs in the regular
course of practicing naturopathic medicine. The dispensing
of such legend drugs shall be the personal act of the
person licensed under this Act and may not be delegated to
any other person not licensed under this Act or the
Pharmacy Practice Act unless such delegated dispensing
functions are under the direct supervision of the
physician authorized to dispense legend drugs. Except when
dispensing manufacturers' samples or other legend drugs in
a maximum 72 hour supply, persons licensed under this Act
shall maintain a book or file of prescriptions as required
in the Pharmacy Practice Act. Any person licensed under
this Act who dispenses any drug or medicine shall dispense
such drug or medicine in good faith and shall affix to the
box, bottle, vessel or package containing the same a label
indicating (i) the date on which such drug or medicine is
dispensed; (ii) the name of the patient; (iii) the last
name of the person dispensing such drug or medicine; (iv)
the directions for use thereof; and (v) the proprietary
name or names or, if there are none, the established name
or names of the drug or medicine, the dosage and quantity,
except as otherwise authorized by regulation of the
Department;
(8) prescribe, administer, dispense, and order all
drugs within Schedules II-V of the Controlled Substances
Act;

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(9) use routes of administration that include oral,
nasal, auricular, ocular, rectal, vaginal, transdermal,
intradermal, subcutaneous, intravenous, intra-articular,
and intramuscular consistent with the education and
training of a naturopathic physician;
(10) administer intramuscular, intravenous,
subcutaneous, intra-articular and intradermal injections
of vaccines;
(11) administer intramuscular, intravenous,
subcutaneous, intra-articular and intradermal injections
of substances appropriate to naturopathic medicine;
(12) perform naturopathic physical medicine;
(13) employ the use of naturopathic therapy;
(14) use therapeutic devices, barrier contraception,
intrauterine devices, hormonal and pharmaceutical
contraception, and durable medical equipment; or
(15) perform minor office procedures.
(b) A licensee may practice naturopathic medicine via
telehealth services.
Section 35. Referral requirement. A licensee shall refer
to a physician licensed to practice medicine in all of its
branches under the Medical Practice Act of 1987 or an advanced
practice registered nurse licensed under the Nurse Practice
Act any patient whose medical condition is determined, at the
time of evaluation or treatment, to be beyond the scope of

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practice of the licensee.
Section 40. Prohibitions. A licensee shall not:
(1) perform surgery outside of the scope of minor
office procedures permitted in the employment of
naturopathic therapy;
(2) use general or spinal anesthetics;
(3) administer ionizing radioactive substances for
therapeutic purposes;
(4) perform a surgical procedure using a laser device;
(5) perform a surgical procedure involving any of the
following areas of the body that extend beyond superficial
tissue:
(A) eyes;
(B) ears;
(C) tendons;
(D) nerves;
(E) veins; or
(F) arteries;
(6) perform a surgical abortion;
(7) treat any lesion suspected of malignancy or
requiring surgical removal; or
(8) perform acupuncture.
Section 45. Exemptions. Nothing in this Act shall be
construed to prohibit or to restrict:

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(1) the practice of a health care profession by an
individual who is licensed, certified, or registered under
other laws of this State and who is performing services
within the individual's authorized scope of practice;
(2) the practice of naturopathic medicine by a student
enrolled in an approved naturopathic medical educational
program if the practice of naturopathic medicine by a
student is performed pursuant to a course of instruction
or an assignment from an instructor at an accredited
university or college by an instructor duly licensed as a
health care provider in the State;
(3) any person who sells a vitamin or herb from
providing information about the vitamin or herb;
(4) the practice of naturopathic medicine by persons
who are licensed to practice in any other state or
district in the United States and who enter this State to
consult with a naturopathic physician of this State if the
consultation is limited to an examination or
recommendation; or
(5) any person or practitioner who is not licensed as
a naturopathic physician from recommending ayurvedic
medicine, herbal remedies, nutritional advice, homeopathy,
or other therapy that is within the scope of practice of
naturopathic medicine; however, the person or practitioner
shall not:
(A) use a title protected pursuant to Section 50

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of this Act;
(B) represent or assume the character or
appearance of a licensee; or
(C) otherwise use a name, title, or other
designation that indicates or implies that the person
is a licensee.
Section 50. Protected titles.
(a) A licensee shall use the title "naturopathic
physician", "naturopathic doctor", or "naturopathic medical
doctor" and the recognized abbreviations "N.D." and "N.M.D.".
(b) A licensee has the exclusive right to use the
following terms in reference to the licensee's self:
(1) "naturopathic physician";
(2) "naturopathic doctor";
(3) "naturopathic medical doctor";
(4) "doctor of naturopathic medicine";
(5) "doctor of naturopathy";
(6) "naturopath";
(7) "N.D.";
(8) "ND";
(9) "NMD"; and
(10) "N.M.D.".
(c) An individual represents the individual's self to be a
naturopathic physician or a naturopathic doctor when the
individual uses or adopts any of the following terms in

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reference to the individual's self:
(1) "naturopathic physician";
(2) "naturopathic doctor";
(3) "naturopathic medical doctor";
(4) "doctor of naturopathic medicine";
(5) "doctor of naturopathy";
(6) "naturopath";
(7) "N.D.";
(8) "ND";
(9) "NMD"; and
(10) "N.M.D.".
(d) An individual shall not represent the individual's
self to the public as a naturopathic physician, naturopathic
doctor, naturopathic medical doctor, a doctor of naturopathic
medicine, a doctor of naturopathy, or as being otherwise
authorized to practice naturopathic medicine in this State,
unless the individual is a licensee.
Section 55. Naturopathic Physician Medical Board.
(a) The Naturopathic Physician Medical Board shall
oversee:
(1) licensure of naturopathic physicians; and
(2) matters relating to training and licensure of
naturopathic physicians.
(b) Within 180 days after the effective date of this Act,
the Governor shall appoint an initial Board consisting of 2

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members for terms of 4 years each, 3 members for terms of 3
years each, and 4 members for terms of 2 years each. The
initial Board shall consist of the following voting members:
(1) five licensed naturopathic physicians who are
residents of the State;
(2) two practicing physicians licensed to practice
medicine in all of its branches; and
(3) two public members who are residents of this
State, who are not, and never have been, a licensed health
care practitioner, and who do not have an interest in
naturopathic education, naturopathic medicine, or
naturopathic business or practice.
Members of the Board may be recommended to the Governor by
the Illinois Association of Naturopathic Physicians.
(c) As the terms of the initial Board members expire, the
Governor shall appoint successors for terms of 4 years each as
follows:
(1) five naturopathic physicians licensed pursuant to
this Act;
(2) two practicing physicians licensed to practice
medicine in all of its branches with experience working
with naturopathic physicians; and
(3) two public members that are residents of this
State who are not, and never have been, a licensed health
care practitioner and who do not have an interest in
naturopathic education, naturopathic medicine or

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naturopathic business or practice.
(d) Within 30 days after the Board is established, the
Board shall call the first meeting, at which meeting members
shall elect a chair. The Board may hold meetings at the call of
the chair or at the written request of any 2 members of the
Board.
(e) Vacancies on the Board shall be filled from a list of
not fewer than 3 candidates.
(f) A majority of the Board shall constitute a quorum.
(g) Members of the Board shall serve without compensation
but may, at the discretion of the Board, be reimbursed for
their expenses incurred in performing their duties.
(h) The Department of Financial and Professional
Regulation shall provide administrative and other support to
the Board.
Section 60. Board duties. The Board shall have the
following duties:
(1) regulating the licensure of naturopathic
physicians and determining the hours of continuing
education units required for maintaining licensure as a
naturopathic physician;
(2) prescribing the manner in which records of
examinations and treatments shall be kept and maintained;
(3) establishing standards for professional
responsibility and conduct;

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(4) identifying disciplinary actions and circumstances
that require disciplinary action;
(5) developing a means to provide information to all
licensees in this State;
(6) providing for the investigation of complaints
against licensees or persons holding themselves out as
naturopathic physicians in this State;
(7) providing for the publication of information for
the public about licensees and the practice of
naturopathic medicine in this State;
(8) providing for an orderly process for reinstatement
of a license;
(9) establishing criteria for advertising or
promotional materials;
(10) establishing continuing education hours and
content;
(11) establishing procedures and standards for
reviewing licensing examination scores; and
(12) establishing procedures for reviewing transcripts
demonstrating completion of the approved naturopathic
medical educational program;
(13) establishing and maintaining a list of
naturopathic medical education programs that meet the
requirements of Section 20;
(14) establishing the requirements for issuance and
renewal of licenses; and

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(15) any other matter necessary to implement this Act.
Section 65. License expiration, renewal, denial,
revocation, and continuing education.
(a) A license issued or renewed pursuant to this Act shall
expire in a time frame determined by rule by the Department.
(b) The Board may renew the license of any licensee who,
upon the expiration of the licensee's license:
(1) has submitted an application for renewal;
(2) has paid the renewal fee established by rules of
the Department;
(3) meets the qualifications for licensure set forth
in this Act and rules of the Department; and
(4) meets the continuing education requirements
established by the Board.
(c) If the Board intends to refuse to issue or renew,
revoke, or suspend a license, the Department shall grant the
applicant or licensee an opportunity for a hearing.
Section 70. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action with regard to any
license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the

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following causes:
(1) material misstatement in furnishing information to
the Department;
(2) violations of this Act, or the rules adopted under
this Act;
(3) conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is: (i) a felony;
or (ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession;
(4) making any misrepresentation for the purpose of
obtaining licenses;
(5) professional incompetence;
(6) aiding or assisting another person in violating
any provision of this Act or its rules;
(7) failing, within 60 days, to provide information in
response to a written request made by the Department;
(8) engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.
(9) habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug

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that results in a naturopathic physician's inability to
practice with reasonable judgment, skill, or safety;
(10) discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for
discipline is the same or substantially equivalent to
those set forth in this Section;
(11) directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate or other form of
compensation for any professional services not actually or
personally rendered. Nothing in this paragraph (11)
affects any bona fide independent contractor or employment
arrangements, which may include provisions for
compensation, health insurance, pension, or other
employment benefits, with persons or entities authorized
under this Act for the provision of services within the
scope of the licensee's practice under this Act;
(12) abandonment of a patient;
(13) willfully making or filing false records or
reports in the individual's practice, including, but not
limited to, false records filed with state agencies or
departments;
(14) physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but
not limited to, deterioration through the aging process or

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loss of motor skill;
(15) being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(16) gross negligence resulting in permanent injury or
death of a patient;
(17) employment of fraud, deception or any unlawful
means in applying for or securing a license under this
Act;
(18) immoral conduct in the commission of any act,
such as sexual abuse, sexual misconduct, or sexual
exploitation related to the licensee's practice;
(19) practicing under a false or assumed name, except
as provided by law;
(20) making a false or misleading statement regarding
the licensee's skill or the efficacy or value of the
treatment or remedy prescribed by the licensee in the
course of treatment;
(21) allowing another person to use the licensee's
license to practice;
(22) prescribing, selling, administering,
distributing, giving, or self-administering a drug

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classified as a controlled substance;
(23) a pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act;
(24) violating State or federal laws or regulations
relating to controlled substances or other legend drugs or
ephedra as defined in the Ephedra Prohibition Act;
(25) failure to establish and maintain records of
patient care and treatment as required by law;
(26) attempting to subvert or cheat on the required
examinations;
(27) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act;
(28) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act;
(29) failure to report to the Department an adverse
final action taken against the individual by another
licensing jurisdiction of the United States or a foreign
state or country, a peer review body, a health care
institution, a professional society or association, a

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governmental agency, a law enforcement agency, or a court
acts or conduct similar to acts or conduct that would
constitute grounds for action under this Section; and
(30) failure to provide copies of records of patient
care or treatment, except as required by law.
(b) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, or pay the tax, penalty, or interest shown in a filed
return, or pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until the requirements of any
such tax Act are satisfied in accordance with subsection (g)
of Section 2105-15 of the Civil Administrative Code of
Illinois.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient,
and upon the recommendation of the Board to the Department
that the licensee be allowed to resume the licensee's
practice.
(d) In enforcing this Section, the Department upon a

HB3721 - 26 - LRB103 30237 AMQ 56665 b
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,

HB3721 - 27 - LRB103 30237 AMQ 56665 b
that relate to the examination and evaluation, including any
supplemental testing performed.
The Department may order the examining physician or any
member of the multidisciplinary team to present testimony
concerning the mental or physical examination of the licensee
or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at the
individual's own expense, another physician of the
individual's choice present during all aspects of this
examination. However, that physician shall be present only to
observe and may not interfere in any way with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of the individual's license until the individual
submits to the examination.
If the Department finds an individual unable to practice

HB3721 - 28 - LRB103 30237 AMQ 56665 b
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or,
in lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Department immediately suspends
a person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate

HB3721 - 29 - LRB103 30237 AMQ 56665 b
to the Department that the individual can resume practice in
compliance with acceptable and prevailing standards under the
provisions of the individual's license.
(e) An individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Department, by assisting in the investigation or preparation
of a report or information, by participating in proceedings of
the Department, or by serving as a member of the Department,
shall not be subject to criminal prosecution or civil damages
as a result of such actions.
(f) Members of the Board and the Department shall be
indemnified by the State for any actions occurring within the
scope of services under the Act, done in good faith and not
willful and wanton in nature. The Attorney General shall
defend all such actions unless the Attorney General determines
either that there would be a conflict of interest in such
representation or that the actions complained of were not in
good faith or were willful and wanton.
If the Attorney General declines representation, the
member has the right to employ counsel of the member's choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or were
willful and wanton.
The member must notify the Attorney General within 7 days

HB3721 - 30 - LRB103 30237 AMQ 56665 b
after receipt of notice of the initiation of any action
involving services of the Board. Failure to so notify the
Attorney General constitutes an absolute waiver of the right
to a defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether the Attorney General will
undertake to represent the member.
Section 75. Investigation; notice; hearing. The Department
may investigate the actions of any applicant or of any person
or persons holding or claiming to hold a license. The
Department shall, before suspending, revoking, placing on
probationary status, or taking any other disciplinary action
as the Department may deem proper with regard to any license,
at least 30 days prior to the date set for the hearing, notify
the licensee in writing of any charges made and the time and
place for a hearing of the charges before the Department,
direct the licensee to file the licensee's written answer
thereto to the Department under oath within 20 days after the
service on the licensee of such notice and inform the licensee
that if the licensee fails to file such answer, default will be
taken against the licensee and the license may be suspended,
revoked, placed on probationary status, or have other
disciplinary action, including limiting the scope, nature or
extent of the licensee's practice, as the Department may deem
proper taken with regard thereto. Written or electronic notice

HB3721 - 31 - LRB103 30237 AMQ 56665 b
may be served by personal delivery, email, or mail to the
applicant or licensee at the licensee's address of record or
email address of record. At the time and place fixed in the
notice, the Department shall proceed to hear the charges and
the parties or their counsel shall be accorded ample
opportunity to present such statements, testimony, evidence,
and argument as may be pertinent to the charges or to the
defense thereto. The Department may continue such hearing from
time to time. In case the applicant or licensee, after
receiving notice, fails to file an answer, the licensee's
license may in the discretion of the Secretary, having
received first the recommendation of the Department, be
suspended, revoked, placed on probationary status, or the
Department may take whatever disciplinary action as the
Department may deem proper, including limiting the scope,
nature, or extent of such person's practice, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act.
Section 80. Record of proceedings. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case involving the refusal to issue or
renew a license or discipline a licensee. The notice of
hearing, complaint, and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Department, and

HB3721 - 32 - LRB103 30237 AMQ 56665 b
orders of the Department shall be the record of such
proceeding.
Section 85. Confidentiality. All information collected by
the Department in the course of an examination or
investigation of a licensee or applicant, including, but not
limited to, any complaint against a licensee filed with the
Department and information collected to investigate any such
complaint, shall be maintained for the confidential use of the
Department and shall not be disclosed. The Department shall
not disclose the information to anyone other than law
enforcement officials, regulatory agencies that have an
appropriate regulatory interest as determined by the
Department, or a party presenting a lawful subpoena to the
Department. Information and documents disclosed to a federal,
State, county, or local law enforcement agency shall not be
disclosed by the agency for any purpose to any other agency or
person. A formal complaint filed against a licensee by the
Department or any order issued by the Department against a
licensee or applicant shall be a public record, except as
otherwise prohibited by law.
Section 90. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of

HB3721 - 33 - LRB103 30237 AMQ 56665 b
paragraph (d) of Section 10-65 of the Illinois Administrative
Procedure Act, which provides that at hearings the licensee or
person holding a license has the right to show compliance with
all lawful requirements for retention or continuation of the
license, is specifically excluded. For the purpose of this
Act, the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when
personally served, mailed to the address of record of the
applicant or licensee, or emailed to the email address of
record of the applicant or licensee.
Section 100. The Illinois Controlled Substances Act is
amended by changing Section 102 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any
drug, chemical, substance or dangerous drug other than alcohol
so as to endanger the public morals, health, safety or welfare
or who is so far addicted to the use of a dangerous drug or
controlled substance other than alcohol as to have lost the
power of self control with reference to his or her addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,

HB3721 - 34 - LRB103 30237 AMQ 56665 b
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by his
or her authorized agent),
(2) the patient or research subject pursuant to an
order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor,
dispenser, prescriber, or practitioner. It does not include a
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,
corticosteroids, and dehydroepiandrosterone), and includes:
(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),

HB3721 - 35 - LRB103 30237 AMQ 56665 b
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-
hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5[alpha]
-androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-

HB3721 - 36 - LRB103 30237 AMQ 56665 b
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),

HB3721 - 37 - LRB103 30237 AMQ 56665 b
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane,
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane,
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-

HB3721 - 38 - LRB103 30237 AMQ 56665 b
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),
(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-

HB3721 - 39 - LRB103 30237 AMQ 56665 b
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human
Services for such administration, and which the person intends
to administer or have administered through such implants,
shall not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.

HB3721 - 40 - LRB103 30237 AMQ 56665 b
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
who shall run the clinical aspects of the Department of Human
Services Prescription Monitoring Program and its Prescription
Information Library.
(d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on
the prescriber-patient-pharmacist relationship in the course
of professional practice or (2) for the purpose of, or
incident to, research, teaching, or chemical analysis and not
for sale or dispensing. "Compounding" includes the preparation
of drugs or devices in anticipation of receiving prescription
drug orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is
not reasonably available from normal distribution channels in
a timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(e) "Control" means to add a drug or other substance, or

HB3721 - 41 - LRB103 30237 AMQ 56665 b
immediate precursor, to a Schedule whether by transfer from
another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance,
immediate precursor, or synthetic drug in the Schedules of
Article II of this Act or (ii) a drug or other substance, or
immediate precursor, designated as a controlled substance by
the Department through administrative rule. The term does not
include distilled spirits, wine, malt beverages, or tobacco,
as those terms are defined or used in the Liquor Control Act of
1934 and the Tobacco Products Tax Act of 1995.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled
substance in Schedule I or II;
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that
is substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or
II; or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled substance in

HB3721 - 42 - LRB103 30237 AMQ 56665 b
Schedule I or II.
(g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship. "Deliver" or "delivery" does not include
the donation of drugs to the extent permitted under the
Illinois Drug Reuse Opportunity Program Act.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall
depression of central nervous system functions, (ii) causes
impaired consciousness and awareness, and (iii) can be

HB3721 - 43 - LRB103 30237 AMQ 56665 b
habit-forming or lead to a substance abuse problem, including,
but not limited to, alcohol, cannabis and its active
principles and their analogs, benzodiazepines and their
analogs, barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar
sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use

HB3721 - 44 - LRB103 30237 AMQ 56665 b
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
(t-3) "Electronic health record" or "EHR" means an
electronic record of health-related information on an
individual that is created, gathered, managed, and consulted
by authorized health care clinicians and staff.
(t-3.5) "Electronic health record system" or "EHR system"
means any computer-based system or combination of federally
certified Health IT Modules (defined at 42 CFR 170.102 or its
successor) used as a repository for electronic health records
and accessed or updated by a prescriber or authorized
surrogate in the ordinary course of his or her medical
practice. For purposes of connecting to the Prescription
Information Library maintained by the Bureau of Pharmacy and
Clinical Support Systems or its successor, an EHR system may
connect to the Prescription Information Library directly or
through all or part of a computer program or system that is a
federally certified Health IT Module maintained by a third
party and used by the EHR system to secure access to the
database.
(t-4) "Emergency medical services personnel" has the
meaning ascribed to it in the Emergency Medical Services (EMS)
Systems Act.
(t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the

HB3721 - 45 - LRB103 30237 AMQ 56665 b
purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule
III substances (nonnarcotic controlled substances) that are
used by a euthanasia agency for the purpose of animal
euthanasia.
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course
of professional treatment to or for any person who is under his
or her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided
herein: and application of the term to a pharmacist shall mean
the dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards, including, but not limited
to, the following, in making the judgment:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,

HB3721 - 46 - LRB103 30237 AMQ 56665 b
(3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any
type.
(u-1) "Home infusion services" means services provided by
a pharmacy in compounding solutions for direct administration
to a patient in a private residence, long-term care facility,
or hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the Illinois State
Police or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled
substance;
(2) which is an immediate chemical intermediary used
or likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,

HB3721 - 47 - LRB103 30237 AMQ 56665 b
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;

HB3721 - 48 - LRB103 30237 AMQ 56665 b
(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).

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(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States that delivers,
dispenses or distributes, through the United States Postal
Service or other common carrier, to Illinois residents, any
substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
(1) by an ultimate user, the preparation or
compounding of a controlled substance for his or her own
use;
(2) by a practitioner, or his or her authorized agent
under his or her supervision, the preparation,
compounding, packaging, or labeling of a controlled
substance:
(a) as an incident to his or her administering or
dispensing of a controlled substance in the course of
his or her professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale; or

HB3721 - 50 - LRB103 30237 AMQ 56665 b
(3) the packaging, repackaging, or labeling of drugs
only to the extent permitted under the Illinois Drug Reuse
Opportunity Program Act.
(z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited
under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe
through a written delegation of authority by a physician
licensed to practice medicine in all of its branches, in
accordance with Section 7.5 of the Physician Assistant
Practice Act of 1987, (ii) an advanced practice registered
nurse who has been delegated authority to prescribe through a
written delegation of authority by a physician licensed to
practice medicine in all of its branches or by a podiatric
physician, in accordance with Section 65-40 of the Nurse
Practice Act, (iii) an advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or clinical
nurse specialist who has been granted authority to prescribe
by a hospital affiliate in accordance with Section 65-45 of
the Nurse Practice Act, (iv) an animal euthanasia agency, or
(v) a prescribing psychologist.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical

HB3721 - 51 - LRB103 30237 AMQ 56665 b
synthesis:
(1) opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible within
the specific chemical designation; however the term
"narcotic drug" does not include the isoquinoline
alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
coca leaves from which substantially all of the cocaine
and ecgonine, and their isomers, derivatives and salts,
have been removed;
(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;
(6) ecgonine, its derivatives, their salts, isomers,
and salts of isomers;
(7) any compound, mixture, or preparation which
contains any quantity of any of the substances referred to
in subparagraphs (1) through (6).
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine

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or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a
local registered pharmacist or a registered assistant
pharmacist under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the
Pharmacy Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all

HB3721 - 53 - LRB103 30237 AMQ 56665 b
of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician, naturopathic physician, veterinarian, scientific
investigator, pharmacist, physician assistant, advanced
practice registered nurse, licensed practical nurse,
registered nurse, emergency medical services personnel,
hospital, laboratory, or pharmacy, or other person licensed,
registered, or otherwise lawfully permitted by the United
States or this State to distribute, dispense, conduct research
with respect to, administer or use in teaching or chemical
analysis, a controlled substance in the course of professional
practice or research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance; the term does not mean a written
prescription that is individually generated by machine or
computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
prescribing psychologist licensed under Section 4.2 of the
Clinical Psychologist Licensing Act with prescriptive
authority delegated under Section 4.3 of the Clinical
Psychologist Licensing Act, podiatric physician, naturopathic

HB3721 - 54 - LRB103 30237 AMQ 56665 b
physician, or veterinarian who issues a prescription, a
physician assistant who issues a prescription for a controlled
substance in accordance with Section 303.05, a written
delegation, and a written collaborative agreement required
under Section 7.5 of the Physician Assistant Practice Act of
1987, an advanced practice registered nurse with prescriptive
authority delegated under Section 65-40 of the Nurse Practice
Act and in accordance with Section 303.05, a written
delegation, and a written collaborative agreement under
Section 65-35 of the Nurse Practice Act, an advanced practice
registered nurse certified as a nurse practitioner, nurse
midwife, or clinical nurse specialist who has been granted
authority to prescribe by a hospital affiliate in accordance
with Section 65-45 of the Nurse Practice Act and in accordance
with Section 303.05, or an advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or clinical
nurse specialist who has full practice authority pursuant to
Section 65-43 of the Nurse Practice Act.
(nn) "Prescription" means a written, facsimile, or oral
order, or an electronic order that complies with applicable
federal requirements, of a physician licensed to practice
medicine in all its branches, dentist, podiatric physician,
naturopathic physician, or veterinarian for any controlled
substance, of an optometrist in accordance with Section 15.1
of the Illinois Optometric Practice Act of 1987, of a
prescribing psychologist licensed under Section 4.2 of the

HB3721 - 55 - LRB103 30237 AMQ 56665 b
Clinical Psychologist Licensing Act with prescriptive
authority delegated under Section 4.3 of the Clinical
Psychologist Licensing Act, of a physician assistant for a
controlled substance in accordance with Section 303.05, a
written delegation, and a written collaborative agreement
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, of an advanced practice registered nurse with
prescriptive authority delegated under Section 65-40 of the
Nurse Practice Act who issues a prescription for a controlled
substance in accordance with Section 303.05, a written
delegation, and a written collaborative agreement under
Section 65-35 of the Nurse Practice Act, of an advanced
practice registered nurse certified as a nurse practitioner,
nurse midwife, or clinical nurse specialist who has been
granted authority to prescribe by a hospital affiliate in
accordance with Section 65-45 of the Nurse Practice Act and in
accordance with Section 303.05 when required by law, or of an
advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who
has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.
(nn-5) "Prescription Information Library" (PIL) means an
electronic library that contains reported controlled substance
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on

HB3721 - 56 - LRB103 30237 AMQ 56665 b
controlled substances and select drugs pursuant to Section
316.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(rr-5) "Stimulant" means any drug that (i) causes an
overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including,
but not limited to, amphetamines and their analogs,
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(rr-10) "Synthetic drug" includes, but is not limited to,

HB3721 - 57 - LRB103 30237 AMQ 56665 b
any synthetic cannabinoids or piperazines or any synthetic
cathinones as provided for in Schedule I.
(ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 999. Effective date. This Act takes effect upon
becoming law.