Bill Amendment: IL SB3421 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PHYSICIAN ASSISTANT PRACTICE
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB3421 Detail]
Download: Illinois-2025-SB3421-Senate_Amendment_001.html
Bill Title: PHYSICIAN ASSISTANT PRACTICE
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB3421 Detail]
Download: Illinois-2025-SB3421-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 3421 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3421 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Physician Assistant Practice Act of 1987 | ||||||
| 5 | is amended by changing Sections 4, 6, 7, 7.5, 7.7, and 21 and | ||||||
| 6 | by adding Sections 7.8, 7.9, and 7.10 as follows: | ||||||
| 7 | (225 ILCS 95/4) (from Ch. 111, par. 4604) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 9 | Sec. 4. Definitions. In this Act: | ||||||
| 10 | 1. "Department" means the Department of Financial and | ||||||
| 11 | Professional Regulation. | ||||||
| 12 | 2. "Secretary" means the Secretary of Financial and | ||||||
| 13 | Professional Regulation. | ||||||
| 14 | 3. "Physician assistant" means any person not holding an | ||||||
| 15 | active license or permit issued by the Department pursuant to | ||||||
| 16 | the Medical Practice Act of 1987 who has been certified as a | ||||||
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| 1 | physician assistant by the National Commission on the | ||||||
| 2 | Certification of Physician Assistants or an equivalent | ||||||
| 3 | successor agency. and performs procedures in collaboration | ||||||
| 4 | with a physician as defined in this Act. A physician assistant | ||||||
| 5 | may perform such procedures within the specialty of the | ||||||
| 6 | collaborating physician, except that such physician shall | ||||||
| 7 | exercise such direction, collaboration, and control over such | ||||||
| 8 | physician assistants as will assure that patients shall | ||||||
| 9 | receive quality medical care. Physician assistants shall be | ||||||
| 10 | capable of performing a variety of tasks within the specialty | ||||||
| 11 | of medical care in collaboration with a physician. | ||||||
| 12 | Collaboration with the physician assistant shall not be | ||||||
| 13 | construed to necessarily require the personal presence of the | ||||||
| 14 | collaborating physician at all times at the place where | ||||||
| 15 | services are rendered, as long as there is communication | ||||||
| 16 | available for consultation by radio, telephone or | ||||||
| 17 | telecommunications within established guidelines as determined | ||||||
| 18 | by the physician/physician assistant team. The collaborating | ||||||
| 19 | physician may delegate tasks and duties to the physician | ||||||
| 20 | assistant. Delegated tasks or duties shall be consistent with | ||||||
| 21 | physician assistant education, training, and experience. The | ||||||
| 22 | delegated tasks or duties shall be specific to the practice | ||||||
| 23 | setting and shall be implemented and reviewed under a written | ||||||
| 24 | collaborative agreement established by the physician or | ||||||
| 25 | physician/physician assistant team. A physician assistant, | ||||||
| 26 | acting as an agent of the physician, shall be permitted to | ||||||
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| 1 | transmit the collaborating physician's orders as determined by | ||||||
| 2 | the institution's by-laws, policies, procedures, or job | ||||||
| 3 | description within which the physician/physician assistant | ||||||
| 4 | team practices. Physician assistants shall practice only in | ||||||
| 5 | accordance with a written collaborative agreement. | ||||||
| 6 | Any person who holds an active license or permit issued | ||||||
| 7 | pursuant to the Medical Practice Act of 1987 shall have that | ||||||
| 8 | license automatically placed into inactive status upon | ||||||
| 9 | issuance of a physician assistant license. Any person who | ||||||
| 10 | holds an active license as a physician assistant who is issued | ||||||
| 11 | a license or permit pursuant to the Medical Practice Act of | ||||||
| 12 | 1987 shall have his or her physician assistant license | ||||||
| 13 | automatically placed into inactive status. | ||||||
| 14 | 3.5. "Physician assistant practice" means the performance | ||||||
| 15 | of any medical service for which the physician assistant has | ||||||
| 16 | been prepared by the physician assistant's education, | ||||||
| 17 | training, and experience and is competent to perform as | ||||||
| 18 | determined through an employment agreement or the | ||||||
| 19 | credentialing and privileging system of a licensed facility. | ||||||
| 20 | Medical and surgical services provided by physician assistants | ||||||
| 21 | include, but are not limited to: | ||||||
| 22 | (A) obtaining and performing comprehensive health | ||||||
| 23 | histories and physical examinations; | ||||||
| 24 | (B) evaluating, diagnosing, managing, and providing | ||||||
| 25 | medical treatment; | ||||||
| 26 | (C) ordering, performing, and interpreting diagnostic | ||||||
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| 1 | studies and therapeutic procedures; | ||||||
| 2 | (D) educating patients on health promotion and disease | ||||||
| 3 | prevention; | ||||||
| 4 | (E) providing consultation upon request; | ||||||
| 5 | (F) writing medical orders; | ||||||
| 6 | (G) prescribing, dispensing, ordering, administering, | ||||||
| 7 | and procuring drugs and medical devices; and | ||||||
| 8 | (H) assisting in surgery. procedures within the | ||||||
| 9 | specialty of the collaborating physician. Physician | ||||||
| 10 | assistants shall be capable of performing a variety of | ||||||
| 11 | tasks within the specialty of medical care of the | ||||||
| 12 | collaborating physician. Collaboration with the physician | ||||||
| 13 | assistant shall not be construed to necessarily require | ||||||
| 14 | the personal presence of the collaborating physician at | ||||||
| 15 | all times at the place where services are rendered, as | ||||||
| 16 | long as there is communication available for consultation | ||||||
| 17 | by radio, telephone, telecommunications, or electronic | ||||||
| 18 | communications. The collaborating physician may delegate | ||||||
| 19 | tasks and duties to the physician assistant. Delegated | ||||||
| 20 | tasks or duties shall be consistent with physician | ||||||
| 21 | assistant education, training, and experience. The | ||||||
| 22 | delegated tasks or duties shall be specific to the | ||||||
| 23 | practice setting and shall be implemented and reviewed | ||||||
| 24 | under a written collaborative agreement established by the | ||||||
| 25 | physician or physician/physician assistant team. A | ||||||
| 26 | physician assistant shall be permitted to transmit the | ||||||
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| 1 | collaborating physician's orders as determined by the | ||||||
| 2 | institution's bylaws, policies, or procedures or the job | ||||||
| 3 | description within which the physician/physician assistant | ||||||
| 4 | team practices. Physician assistants shall practice only | ||||||
| 5 | in accordance with a written collaborative agreement, | ||||||
| 6 | except as provided in Section 7.5 of this Act. | ||||||
| 7 | 4. "Board" means the Illinois State Medical Board Medical | ||||||
| 8 | Licensing Board constituted under the Medical Practice Act of | ||||||
| 9 | 1987. | ||||||
| 10 | 5. (Blank). | ||||||
| 11 | 6. "Physician" means a person licensed to practice | ||||||
| 12 | medicine in all of its branches under the Medical Practice Act | ||||||
| 13 | of 1987. | ||||||
| 14 | 7. "Collaborating physician" means the physician who, | ||||||
| 15 | within his or her specialty and expertise, may delegate a | ||||||
| 16 | variety of tasks and procedures to the physician assistant. | ||||||
| 17 | Such tasks and procedures shall be delegated in accordance | ||||||
| 18 | with a written collaborative agreement when the agreement is | ||||||
| 19 | required under this Act. | ||||||
| 20 | 8. (Blank). | ||||||
| 21 | 9. "Address of record" means the designated address | ||||||
| 22 | recorded by the Department in the applicant's application file | ||||||
| 23 | or the licensee's application file or license file, as | ||||||
| 24 | maintained by the Department's licensure maintenance unit. | ||||||
| 25 | 10. "Hospital affiliate" means a corporation, partnership, | ||||||
| 26 | joint venture, limited liability company, or similar | ||||||
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| 1 | organization, other than a hospital, that is devoted primarily | ||||||
| 2 | to the provision, management, or support of health care | ||||||
| 3 | services and that directly or indirectly controls, is | ||||||
| 4 | controlled by, or is under common control of the hospital. For | ||||||
| 5 | the purposes of this definition, "control" means having at | ||||||
| 6 | least an equal or a majority ownership or membership interest. | ||||||
| 7 | A hospital affiliate shall be 100% owned or controlled by any | ||||||
| 8 | combination of hospitals, their parent corporations, or | ||||||
| 9 | physicians licensed to practice medicine in all its branches | ||||||
| 10 | in Illinois. "Hospital affiliate" does not include a health | ||||||
| 11 | maintenance organization regulated under the Health | ||||||
| 12 | Maintenance Organization Act. | ||||||
| 13 | 11. "Email address of record" means the designated email | ||||||
| 14 | address recorded by the Department in the applicant's | ||||||
| 15 | application file or the licensee's license file, as maintained | ||||||
| 16 | by the Department's licensure maintenance unit. | ||||||
| 17 | 12. "Federally qualified health center" means a health | ||||||
| 18 | center funded under Section 330 of the federal Public Health | ||||||
| 19 | Service Act. | ||||||
| 20 | (Source: P.A. 102-1117, eff. 1-13-23; 103-65, eff. 1-1-24.) | ||||||
| 21 | (225 ILCS 95/6) (from Ch. 111, par. 4606) | ||||||
| 22 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 23 | Sec. 6. Physician assistant title. | ||||||
| 24 | (a) No physician assistant shall use the title of doctor, | ||||||
| 25 | physician, or associate with his or her name or any other term | ||||||
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| 1 | that would indicate to other persons that the physician | ||||||
| 2 | assistant is a licensed physician he or she is qualified to | ||||||
| 3 | engage in the general practice of medicine. | ||||||
| 4 | (b) A physician assistant shall verbally identify himself | ||||||
| 5 | or herself as a physician assistant, including, when | ||||||
| 6 | applicable, specialty certification, to each patient. | ||||||
| 7 | (c) Nothing in this Act shall be construed to relieve a | ||||||
| 8 | physician assistant of the professional or legal | ||||||
| 9 | responsibility for the care and treatment of persons attended | ||||||
| 10 | by him or her. | ||||||
| 11 | (d) (Blank). The collaborating physician shall file with | ||||||
| 12 | the Department notice of employment, discharge, or | ||||||
| 13 | collaboration with a physician assistant within 60 days of | ||||||
| 14 | employment, discharge, or assumption of collaboration with a | ||||||
| 15 | physician assistant. Nothing in this Section shall prevent a | ||||||
| 16 | physician assistant from beginning his or her employment | ||||||
| 17 | before the notice of employment or collaboration has been | ||||||
| 18 | filed. | ||||||
| 19 | No person shall use the title physician assistant, | ||||||
| 20 | physician associate, PA, PA-C, or any other term that would | ||||||
| 21 | indicate to other persons that the person is a licensed or | ||||||
| 22 | board-certified physician assistant unless the person is | ||||||
| 23 | licensed as a physician assistant under this Act. | ||||||
| 24 | (Source: P.A. 102-735, eff. 1-1-23.) | ||||||
| 25 | (225 ILCS 95/7) (from Ch. 111, par. 4607) | ||||||
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| 1 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 2 | Sec. 7. Collaboration requirements. | ||||||
| 3 | (a) A written collaborative agreement is required for all | ||||||
| 4 | physician assistants engaged in clinical practice prior to | ||||||
| 5 | satisfying the requirements of Section 7.9, except for | ||||||
| 6 | physician assistants who practice in a hospital, hospital | ||||||
| 7 | affiliate, federally qualified health center, or ambulatory | ||||||
| 8 | surgical treatment center as provided in Section 7.7. | ||||||
| 9 | (b) (a) A collaborating physician shall determine the | ||||||
| 10 | number of physician assistants to collaborate with, provided | ||||||
| 11 | the physician is able to provide adequate collaboration as | ||||||
| 12 | outlined in the written collaborative agreement required under | ||||||
| 13 | Section 7.5 of this Act and consideration is given to the | ||||||
| 14 | nature of the physician's practice, complexity of the patient | ||||||
| 15 | population, and the experience of each physician assistant. A | ||||||
| 16 | collaborating physician may collaborate with a maximum of 7 | ||||||
| 17 | full-time equivalent physician assistants as described in | ||||||
| 18 | Section 54.5 of the Medical Practice Act of 1987. As used in | ||||||
| 19 | this Section, "full-time equivalent" means the equivalent of | ||||||
| 20 | 40 hours per week per individual. Physicians and physician | ||||||
| 21 | assistants who work in a hospital, hospital affiliate, | ||||||
| 22 | federally qualified health center, or ambulatory surgical | ||||||
| 23 | treatment center as defined by Section 7.7 of this Act are | ||||||
| 24 | exempt from the collaborative ratio restriction requirements | ||||||
| 25 | of this Section. A physician assistant shall be able to hold | ||||||
| 26 | more than one professional position. A collaborating physician | ||||||
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| 1 | shall file a notice of collaboration of each physician | ||||||
| 2 | assistant according to the rules of the Department. | ||||||
| 3 | (c) Physician assistants shall collaborate only with | ||||||
| 4 | physicians as defined in this Act who are engaged in clinical | ||||||
| 5 | practice, or in clinical practice in public health or other | ||||||
| 6 | community health facilities. | ||||||
| 7 | (d) Nothing in this Act shall be construed to limit the | ||||||
| 8 | delegation of tasks or duties by a physician to a nurse or | ||||||
| 9 | other appropriately trained personnel. | ||||||
| 10 | (e) Nothing in this Act shall be construed to prohibit the | ||||||
| 11 | employment of physician assistants by a hospital, nursing home | ||||||
| 12 | or other health care facility where such physician assistants | ||||||
| 13 | function with under a collaborating physician. | ||||||
| 14 | (f) A physician assistant may be employed by a practice | ||||||
| 15 | group or other entity employing multiple physicians at one or | ||||||
| 16 | more locations. In that case, one of the physicians practicing | ||||||
| 17 | at a location shall be designated the collaborating physician. | ||||||
| 18 | The other physicians with that practice group or other entity | ||||||
| 19 | who practice in the same general type of practice or specialty | ||||||
| 20 | as the collaborating physician may collaborate with the | ||||||
| 21 | physician assistant with respect to their patients. | ||||||
| 22 | (g) (b) A physician assistant licensed in this State, or | ||||||
| 23 | licensed or authorized to practice in any other U.S. | ||||||
| 24 | jurisdiction or credentialed by his or her federal employer as | ||||||
| 25 | a physician assistant, who is responding to a need for medical | ||||||
| 26 | care created by an emergency or by a state or local disaster | ||||||
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| 1 | may render such care that the physician assistant is able to | ||||||
| 2 | provide without collaboration as it is defined in this Section | ||||||
| 3 | or with such collaboration as is available. | ||||||
| 4 | (h) Any physician who collaborates with a physician | ||||||
| 5 | assistant providing medical care in response to such an | ||||||
| 6 | emergency or state or local disaster shall not be required to | ||||||
| 7 | meet the requirements set forth in this Section for a | ||||||
| 8 | collaborating physician. | ||||||
| 9 | (Source: P.A. 103-65, eff. 1-1-24.) | ||||||
| 10 | (225 ILCS 95/7.5) | ||||||
| 11 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 12 | Sec. 7.5. Written collaborative agreements; prescriptive | ||||||
| 13 | authority. | ||||||
| 14 | (a) A written collaborative agreement is required for all | ||||||
| 15 | physician assistants to practice in the State, except as | ||||||
| 16 | provided in Sections Section 7.7 and 7.9 of this Act. When a | ||||||
| 17 | written collaborative agreement is required under this Act, | ||||||
| 18 | the following shall apply: | ||||||
| 19 | (1) A written collaborative agreement shall describe | ||||||
| 20 | the working relationship of the physician assistant with | ||||||
| 21 | the collaborating physician and shall describe the | ||||||
| 22 | categories of care, treatment, or procedures to be | ||||||
| 23 | provided by the physician assistant. The written | ||||||
| 24 | collaborative agreement shall promote the exercise of | ||||||
| 25 | professional judgment by the physician assistant | ||||||
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| 1 | commensurate with his or her education and experience. The | ||||||
| 2 | services to be provided by the physician assistant shall | ||||||
| 3 | be services that the collaborating physician is authorized | ||||||
| 4 | to and generally provides to his or her patients in the | ||||||
| 5 | normal course of his or her clinical medical practice. The | ||||||
| 6 | written collaborative agreement need not describe the | ||||||
| 7 | exact steps that a physician assistant must take with | ||||||
| 8 | respect to each specific condition, disease, or symptom | ||||||
| 9 | but must specify which authorized procedures require the | ||||||
| 10 | presence of the collaborating physician as the procedures | ||||||
| 11 | are being performed. The relationship under a written | ||||||
| 12 | collaborative agreement shall not be construed to require | ||||||
| 13 | the personal presence of a physician at the place where | ||||||
| 14 | services are rendered. Methods of communication shall be | ||||||
| 15 | available for consultation with the collaborating | ||||||
| 16 | physician in person or by telecommunications or electronic | ||||||
| 17 | communications as set forth in the written collaborative | ||||||
| 18 | agreement. For the purposes of this Act, "generally | ||||||
| 19 | provides to his or her patients in the normal course of his | ||||||
| 20 | or her clinical medical practice" means services, not | ||||||
| 21 | specific tasks or duties, the collaborating physician | ||||||
| 22 | routinely provides individually or through delegation to | ||||||
| 23 | other persons so that the physician has the experience and | ||||||
| 24 | ability to collaborate and provide consultation. | ||||||
| 25 | (2) (Blank). The written collaborative agreement shall | ||||||
| 26 | be adequate if a physician does each of the following: | ||||||
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| 1 | (A) Participates in the joint formulation and | ||||||
| 2 | joint approval of orders or guidelines with the | ||||||
| 3 | physician assistant and he or she periodically reviews | ||||||
| 4 | such orders and the services provided patients under | ||||||
| 5 | such orders in accordance with accepted standards of | ||||||
| 6 | medical practice and physician assistant practice. | ||||||
| 7 | (B) Provides consultation at least once a month. | ||||||
| 8 | (3) A copy of the signed, written collaborative | ||||||
| 9 | agreement must be available to the Department upon request | ||||||
| 10 | from both the physician assistant and the collaborating | ||||||
| 11 | physician. | ||||||
| 12 | (4) A physician assistant shall inform each | ||||||
| 13 | collaborating physician of all written collaborative | ||||||
| 14 | agreements he or she has signed and provide a copy of these | ||||||
| 15 | to any collaborating physician upon request. | ||||||
| 16 | (b) To prescribe Schedule II, III, IV, or V controlled | ||||||
| 17 | substances under this Section, a physician assistant must | ||||||
| 18 | obtain a mid-level practitioner controlled substances license. | ||||||
| 19 | A collaborating physician may, but is not required to, | ||||||
| 20 | delegate prescriptive authority to a physician assistant as | ||||||
| 21 | part of a written collaborative agreement. This authority may, | ||||||
| 22 | but is not required to, include prescription of, selection of, | ||||||
| 23 | orders for, administration of, storage of, acceptance of | ||||||
| 24 | samples of, and dispensing medical devices, over-the-counter | ||||||
| 25 | medications, legend drugs, medical gases, and controlled | ||||||
| 26 | substances categorized as Schedule II through V controlled | ||||||
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| 1 | substances, as defined in Article II of the Illinois | ||||||
| 2 | Controlled Substances Act, and other preparations, including, | ||||||
| 3 | but not limited to, botanical and herbal remedies. The | ||||||
| 4 | collaborating physician must have a valid, current Illinois | ||||||
| 5 | controlled substance license and federal registration with the | ||||||
| 6 | Drug Enforcement Administration to delegate the authority to | ||||||
| 7 | prescribe controlled substances. | ||||||
| 8 | (1) To prescribe Schedule II, III, IV, or V controlled | ||||||
| 9 | substances under this Section, a physician assistant must | ||||||
| 10 | obtain a mid-level practitioner controlled substances | ||||||
| 11 | license. Medication orders issued by a physician assistant | ||||||
| 12 | shall be reviewed periodically by the collaborating | ||||||
| 13 | physician. | ||||||
| 14 | (2) The collaborating physician shall file with the | ||||||
| 15 | Department notice of delegation of prescriptive authority | ||||||
| 16 | to a physician assistant and termination of delegation, | ||||||
| 17 | specifying the authority delegated or terminated. Upon | ||||||
| 18 | receipt of this notice delegating authority to prescribe | ||||||
| 19 | controlled substances, the physician assistant shall be | ||||||
| 20 | eligible to register for a mid-level practitioner | ||||||
| 21 | controlled substances license under Section 303.05 of the | ||||||
| 22 | Illinois Controlled Substances Act. Nothing in this Act | ||||||
| 23 | shall be construed to limit the delegation of tasks or | ||||||
| 24 | duties by the collaborating physician to a nurse or other | ||||||
| 25 | appropriately trained persons in accordance with Section | ||||||
| 26 | 54.2 of the Medical Practice Act of 1987. | ||||||
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| 1 | (3) In addition to the requirements of this subsection | ||||||
| 2 | (b), a collaborating physician may, but is not required | ||||||
| 3 | to, delegate authority to a physician assistant to | ||||||
| 4 | prescribe Schedule II controlled substances, if all of the | ||||||
| 5 | following conditions apply: | ||||||
| 6 | (A) Specific Schedule II controlled substances by | ||||||
| 7 | oral dosage or topical or transdermal application may | ||||||
| 8 | be delegated, provided that the delegated Schedule II | ||||||
| 9 | controlled substances are routinely prescribed by the | ||||||
| 10 | collaborating physician. This delegation must identify | ||||||
| 11 | the specific Schedule II controlled substances by | ||||||
| 12 | either brand name or generic name. Schedule II | ||||||
| 13 | controlled substances to be delivered by injection or | ||||||
| 14 | other route of administration may not be delegated. | ||||||
| 15 | (B) (Blank). | ||||||
| 16 | (C) Any prescription must be limited to no more | ||||||
| 17 | than a 30-day supply, with any continuation authorized | ||||||
| 18 | only after prior approval of the collaborating | ||||||
| 19 | physician. | ||||||
| 20 | (D) The physician assistant must discuss the | ||||||
| 21 | condition of any patients for whom a controlled | ||||||
| 22 | substance is prescribed monthly with the collaborating | ||||||
| 23 | physician. | ||||||
| 24 | (E) The physician assistant meets the education | ||||||
| 25 | requirements of Section 303.05 of the Illinois | ||||||
| 26 | Controlled Substances Act. | ||||||
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| 1 | (c) Nothing in this Act shall be construed to limit the | ||||||
| 2 | delegation of tasks or duties by a physician to a licensed | ||||||
| 3 | practical nurse, a registered professional nurse, or other | ||||||
| 4 | persons. Nothing in this Act shall be construed to limit the | ||||||
| 5 | method of delegation that may be authorized by any means, | ||||||
| 6 | including, but not limited to, oral, written, electronic, | ||||||
| 7 | standing orders, protocols, guidelines, or verbal orders. | ||||||
| 8 | Nothing in this Act shall be construed to authorize a | ||||||
| 9 | physician assistant to provide health care services required | ||||||
| 10 | by law or rule to be performed by a physician. Nothing in this | ||||||
| 11 | Act shall be construed to authorize the delegation or | ||||||
| 12 | performance of operative surgery. Nothing in this Section | ||||||
| 13 | shall be construed to preclude a physician assistant from | ||||||
| 14 | assisting in surgery. | ||||||
| 15 | (c-5) Nothing in this Section shall be construed to apply | ||||||
| 16 | to any medication authority, including Schedule II controlled | ||||||
| 17 | substances of a licensed physician assistant for care provided | ||||||
| 18 | in a hospital, hospital affiliate, federally qualified health | ||||||
| 19 | center, or ambulatory surgical treatment center pursuant to | ||||||
| 20 | Section 7.7 of this Act, or to a physician assistant | ||||||
| 21 | satisfying the requirements of Section 7.9 of this Act. | ||||||
| 22 | (d) (Blank). | ||||||
| 23 | (e) Nothing in this Section shall be construed to prohibit | ||||||
| 24 | generic substitution. | ||||||
| 25 | (f) Delegation of prescriptive authority by a physician is | ||||||
| 26 | not required under this Section. | ||||||
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| |||||||
| 1 | (Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24; | ||||||
| 2 | 103-605, eff. 7-1-24.) | ||||||
| 3 | (225 ILCS 95/7.7) | ||||||
| 4 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 5 | Sec. 7.7. Physician assistants in hospitals, hospital | ||||||
| 6 | affiliates, federally qualified health centers, or ambulatory | ||||||
| 7 | surgical treatment centers. | ||||||
| 8 | (a) A physician assistant may provide services in a | ||||||
| 9 | hospital as defined in the Hospital Licensing Act, a hospital | ||||||
| 10 | affiliate as defined in the University of Illinois Hospital | ||||||
| 11 | Act, a federally qualified health center, or a licensed | ||||||
| 12 | ambulatory surgical treatment center as defined in the | ||||||
| 13 | Ambulatory Surgical Treatment Center Act without a written | ||||||
| 14 | collaborative agreement pursuant to Section 7.5 of this Act | ||||||
| 15 | only in accordance with this Section. A physician assistant | ||||||
| 16 | must possess clinical privileges recommended by (i) the | ||||||
| 17 | hospital medical staff and granted by the hospital, (ii) the | ||||||
| 18 | physician committee and federally qualified health center, or | ||||||
| 19 | (iii) the consulting medical staff committee and ambulatory | ||||||
| 20 | surgical treatment center in order to provide services. The | ||||||
| 21 | medical staff, physician committee, or consulting medical | ||||||
| 22 | staff committee shall periodically review the services of | ||||||
| 23 | physician assistants granted clinical privileges, including | ||||||
| 24 | any care provided in a hospital affiliate or federally | ||||||
| 25 | qualified health center. A physician assistant practicing | ||||||
| |||||||
| |||||||
| 1 | under this Section may prescribe, select, order, and | ||||||
| 2 | administer medications, including controlled substances. | ||||||
| 3 | Authority may also be granted when recommended by the hospital | ||||||
| 4 | medical staff and granted by the hospital, recommended by the | ||||||
| 5 | physician committee and granted by the federally qualified | ||||||
| 6 | health center, or recommended by the consulting medical staff | ||||||
| 7 | committee and ambulatory surgical treatment center to | ||||||
| 8 | individual physician assistants to select, order, and | ||||||
| 9 | administer medications, including controlled substances, to | ||||||
| 10 | provide delineated care. In a hospital, hospital affiliate, | ||||||
| 11 | federally qualified health center, or ambulatory surgical | ||||||
| 12 | treatment center, the attending physician shall determine a | ||||||
| 13 | physician assistant's role in providing care for his or her | ||||||
| 14 | patients, except as otherwise provided in the medical staff | ||||||
| 15 | bylaws or consulting committee policies. | ||||||
| 16 | (a-5) Physician assistants practicing in a hospital | ||||||
| 17 | affiliate or a federally qualified health center may be, but | ||||||
| 18 | are not required to be, granted authority to prescribe | ||||||
| 19 | Schedule II through V controlled substances when such | ||||||
| 20 | authority is recommended by the appropriate physician | ||||||
| 21 | committee of the hospital affiliate and granted by the | ||||||
| 22 | hospital affiliate or recommended by the physician committee | ||||||
| 23 | of the federally qualified health center and granted by the | ||||||
| 24 | federally qualified health center. This authority may, but is | ||||||
| 25 | not required to, include prescription of, selection of, orders | ||||||
| 26 | for, administration of, storage of, acceptance of samples of, | ||||||
| |||||||
| |||||||
| 1 | and dispensing over-the-counter medications, legend drugs, | ||||||
| 2 | medical gases, and controlled substances categorized as | ||||||
| 3 | Schedule II through V controlled substances, as defined in | ||||||
| 4 | Article II of the Illinois Controlled Substances Act, and | ||||||
| 5 | other preparations, including, but not limited to, botanical | ||||||
| 6 | and herbal remedies. | ||||||
| 7 | To prescribe controlled substances under this subsection | ||||||
| 8 | (a-5), a physician assistant must obtain a mid-level | ||||||
| 9 | practitioner controlled substance license. Medication orders | ||||||
| 10 | shall be reviewed periodically by the appropriate hospital | ||||||
| 11 | affiliate physicians committee or its physician designee or by | ||||||
| 12 | the physician committee of a federally qualified health | ||||||
| 13 | center. | ||||||
| 14 | The hospital affiliate or federally qualified health | ||||||
| 15 | center shall file with the Department notice of a grant of | ||||||
| 16 | prescriptive authority consistent with this subsection (a-5) | ||||||
| 17 | and termination of such a grant of authority in accordance | ||||||
| 18 | with rules of the Department. Upon receipt of this notice of | ||||||
| 19 | grant of authority to prescribe any Schedule II through V | ||||||
| 20 | controlled substances, the licensed physician assistant may | ||||||
| 21 | register for a mid-level practitioner controlled substance | ||||||
| 22 | license under Section 303.05 of the Illinois Controlled | ||||||
| 23 | Substances Act. | ||||||
| 24 | In addition, a hospital affiliate or a federally qualified | ||||||
| 25 | health center may, but is not required to, grant authority to a | ||||||
| 26 | physician assistant to prescribe any Schedule II controlled | ||||||
| |||||||
| |||||||
| 1 | substances if all of the following conditions apply: | ||||||
| 2 | (1) specific Schedule II controlled substances by oral | ||||||
| 3 | dosage or topical or transdermal application may be | ||||||
| 4 | designated, provided that the designated Schedule II | ||||||
| 5 | controlled substances are routinely prescribed by | ||||||
| 6 | physician assistants in their area of certification; this | ||||||
| 7 | grant of authority must identify the specific Schedule II | ||||||
| 8 | controlled substances by either brand name or generic | ||||||
| 9 | name; authority to prescribe or dispense Schedule II | ||||||
| 10 | controlled substances to be delivered by injection or | ||||||
| 11 | other route of administration may not be granted; | ||||||
| 12 | (2) any grant of authority must be controlled | ||||||
| 13 | substances limited to the practice of the physician | ||||||
| 14 | assistant; | ||||||
| 15 | (3) any prescription must be limited to no more than a | ||||||
| 16 | 30-day supply; | ||||||
| 17 | (4) the physician assistant must discuss the condition | ||||||
| 18 | of any patients for whom a controlled substance is | ||||||
| 19 | prescribed monthly with the appropriate physician | ||||||
| 20 | committee of the hospital affiliate or its physician | ||||||
| 21 | designee, or the physician committee of a federally | ||||||
| 22 | qualified health center; and | ||||||
| 23 | (5) the physician assistant must meet the education | ||||||
| 24 | requirements of Section 303.05 of the Illinois Controlled | ||||||
| 25 | Substances Act. | ||||||
| 26 | (b) A physician assistant granted authority to order | ||||||
| |||||||
| |||||||
| 1 | medications including controlled substances may complete | ||||||
| 2 | discharge prescriptions provided the prescription is in the | ||||||
| 3 | name of the physician assistant and the attending or | ||||||
| 4 | discharging physician. | ||||||
| 5 | (c) Physician assistants practicing in a hospital, | ||||||
| 6 | hospital affiliate, federally qualified health center, or an | ||||||
| 7 | ambulatory surgical treatment center are not required to | ||||||
| 8 | obtain a mid-level controlled substance license to order | ||||||
| 9 | controlled substances under Section 303.05 of the Illinois | ||||||
| 10 | Controlled Substances Act. | ||||||
| 11 | (d) Delegation of prescriptive authority by a physician is | ||||||
| 12 | not required under this Section. | ||||||
| 13 | (Source: P.A. 103-65, eff. 1-1-24.) | ||||||
| 14 | (225 ILCS 95/7.8 new) | ||||||
| 15 | Sec. 7.8. Prescriptive authority. A physician assistant | ||||||
| 16 | may prescribe, dispense, order, administer, and procure drugs | ||||||
| 17 | and medical devices without delegation of authority by a | ||||||
| 18 | physician. The prescriptive authority may include prescribing | ||||||
| 19 | Schedule II, III, IV, and V controlled substances. To | ||||||
| 20 | prescribe Schedule II, III, IV, or V controlled substances | ||||||
| 21 | under this Act, a physician assistant must obtain a mid-level | ||||||
| 22 | practitioner controlled substances license. When a written | ||||||
| 23 | collaborative agreement is required under this Act, delegation | ||||||
| 24 | of prescriptive authority by a physician is not required. | ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 95/7.9 new) | ||||||
| 2 | Sec. 7.9. Optimal practice authority. | ||||||
| 3 | (a) A physician assistant licensed under this Act shall be | ||||||
| 4 | deemed by law to possess the ability to practice without a | ||||||
| 5 | written collaborative agreement upon meeting the requirements | ||||||
| 6 | of this Section. | ||||||
| 7 | (b) A physician assistant who files with the Department a | ||||||
| 8 | notarized attestation of completion of at least 6,000 hours of | ||||||
| 9 | postgraduate clinical experience after initial certification | ||||||
| 10 | and at least 250 hours of continuing education or training | ||||||
| 11 | shall not require a written collaborative agreement. | ||||||
| 12 | Documentation of successful completion shall be provided to | ||||||
| 13 | the Department upon request. The clinical experience shall be | ||||||
| 14 | completed in collaboration with a physician or physicians. | ||||||
| 15 | Completion of the clinical experience must be attested to by | ||||||
| 16 | the collaborating physician, employer, or other evidence as | ||||||
| 17 | established by Department rule. | ||||||
| 18 | (c) A physician assistant, with optimal practice | ||||||
| 19 | authority, may practice in all settings consistent with the | ||||||
| 20 | physician assistant's education, training, and experience, and | ||||||
| 21 | in accordance with applicable State and federal laws governing | ||||||
| 22 | prescriptive authority, and the practice of medicine. | ||||||
| 23 | (d) A physician assistant exercising prescriptive | ||||||
| 24 | authority under optimal practice authority shall complete 80 | ||||||
| 25 | hours of continuing education for every 2-year license renewal | ||||||
| 26 | cycle. The 80 hours of continuing education required under | ||||||
| |||||||
| |||||||
| 1 | this subsection shall be completed as follows: | ||||||
| 2 | (1) A minimum of 50 hours of continuing education | ||||||
| 3 | shall be obtained in continuing education programs as | ||||||
| 4 | determined by Department rule and shall include no less | ||||||
| 5 | than 20 hours of pharmacotherapeutics, including at least | ||||||
| 6 | 10 hours related to opioid prescribing, substance use | ||||||
| 7 | disorders, and safe prescribing. Continuing education | ||||||
| 8 | programs shall be relevant to physician assistant practice | ||||||
| 9 | and may be conducted or endorsed by educational | ||||||
| 10 | institutions, hospitals, professional associations, or | ||||||
| 11 | other organizations approved to offer continuing education | ||||||
| 12 | under this Act or rules. | ||||||
| 13 | (2) A maximum of 30 hours of credit may be obtained | ||||||
| 14 | through presentations in the physician assistant's | ||||||
| 15 | clinical specialty, evidence-based practice, quality | ||||||
| 16 | improvement projects, publications, research projects, or | ||||||
| 17 | preceptor hours, as determined by Department rule. | ||||||
| 18 | The rules adopted regarding continuing education shall be | ||||||
| 19 | consistent, to the extent possible, with requirements of | ||||||
| 20 | relevant national certifying bodies or State or national | ||||||
| 21 | professional associations. | ||||||
| 22 | The rules shall provide for variances in part or in whole | ||||||
| 23 | for good cause, including, but not limited to, illness or | ||||||
| 24 | hardship. | ||||||
| 25 | Each physician assistant is responsible for maintaining | ||||||
| 26 | records of completion of continuing education and shall be | ||||||
| |||||||
| |||||||
| 1 | prepared to produce the records when requested by the | ||||||
| 2 | Department. | ||||||
| 3 | (e) A physician assistant with optimal practice authority | ||||||
| 4 | may prescribe Schedule II narcotic drugs only in a | ||||||
| 5 | consultation relationship with a physician. The consultation | ||||||
| 6 | relationship shall be recorded on the Prescription Monitoring | ||||||
| 7 | Program website, pursuant to Section 316 of the Illinois | ||||||
| 8 | Controlled Substances Act, by the physician and physician | ||||||
| 9 | assistant with optimal practice authority, and is not required | ||||||
| 10 | to be filed with the Department. | ||||||
| 11 | The specific Schedule II narcotic drug must be identified | ||||||
| 12 | by either brand name or generic name. The specific Schedule II | ||||||
| 13 | narcotic drug, such as an opioid, may be administered by oral | ||||||
| 14 | dosage or topical or transdermal application. Delivery by | ||||||
| 15 | injection or other route of administration is not permitted. | ||||||
| 16 | At least monthly, the physician assistant with optimal | ||||||
| 17 | practice authority and the physician must discuss the | ||||||
| 18 | condition of any patients for whom a Schedule II narcotic drug | ||||||
| 19 | is prescribed. | ||||||
| 20 | Nothing in this subsection shall be construed to require a | ||||||
| 21 | prescription by a physician assistant with optimal practice | ||||||
| 22 | authority to include a physician name. | ||||||
| 23 | The consultation relationship shall provide for physician | ||||||
| 24 | availability for consultation on complex clinical cases and | ||||||
| 25 | prescribing decisions, but shall not require the physical | ||||||
| 26 | presence of the physician or constitute a written | ||||||
| |||||||
| |||||||
| 1 | collaborative agreement. Documentation of the consultation | ||||||
| 2 | relationship shall be maintained and made available to the | ||||||
| 3 | Department upon request. | ||||||
| 4 | (f) The Department may adopt any rules necessary to | ||||||
| 5 | administer this Section. | ||||||
| 6 | (225 ILCS 95/7.10 new) | ||||||
| 7 | Sec. 7.10. National certification requirement. A physician | ||||||
| 8 | assistant with optimal practice authority shall maintain | ||||||
| 9 | current national certification from a nationally recognized | ||||||
| 10 | certifying body as a condition of licensure and practice. | ||||||
| 11 | (225 ILCS 95/21) (from Ch. 111, par. 4621) | ||||||
| 12 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 13 | Sec. 21. Grounds for disciplinary action. | ||||||
| 14 | (a) The Department may refuse to issue or to renew, or may | ||||||
| 15 | revoke, suspend, place on probation, reprimand, or take other | ||||||
| 16 | disciplinary or non-disciplinary action with regard to any | ||||||
| 17 | license issued under this Act as the Department may deem | ||||||
| 18 | proper, including the issuance of fines not to exceed $10,000 | ||||||
| 19 | for each violation, for any one or combination of the | ||||||
| 20 | following causes: | ||||||
| 21 | (1) Material misstatement in furnishing information to | ||||||
| 22 | the Department. | ||||||
| 23 | (2) Violations of this Act, or the rules adopted under | ||||||
| 24 | this Act. | ||||||
| |||||||
| |||||||
| 1 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
| 2 | finding of guilt, jury verdict, or entry of judgment or | ||||||
| 3 | sentencing, including, but not limited to, convictions, | ||||||
| 4 | preceding sentences of supervision, conditional discharge, | ||||||
| 5 | or first offender probation, under the laws of any | ||||||
| 6 | jurisdiction of the United States that is: (i) a felony; | ||||||
| 7 | or (ii) a misdemeanor, an essential element of which is | ||||||
| 8 | dishonesty, or that is directly related to the practice of | ||||||
| 9 | the profession. | ||||||
| 10 | (4) Making any misrepresentation for the purpose of | ||||||
| 11 | obtaining licenses. | ||||||
| 12 | (5) Professional incompetence. | ||||||
| 13 | (6) Aiding or assisting another person in violating | ||||||
| 14 | any provision of this Act or its rules. | ||||||
| 15 | (7) Failing, within 60 days, to provide information in | ||||||
| 16 | response to a written request made by the Department. | ||||||
| 17 | (8) Engaging in dishonorable, unethical, or | ||||||
| 18 | unprofessional conduct, as defined by rule, of a character | ||||||
| 19 | likely to deceive, defraud, or harm the public. | ||||||
| 20 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
| 21 | narcotics, stimulants, or any other chemical agent or drug | ||||||
| 22 | that results in a physician assistant's inability to | ||||||
| 23 | practice with reasonable judgment, skill, or safety. | ||||||
| 24 | (10) Discipline by another U.S. jurisdiction or | ||||||
| 25 | foreign nation, if at least one of the grounds for | ||||||
| 26 | discipline is the same or substantially equivalent to | ||||||
| |||||||
| |||||||
| 1 | those set forth in this Section. | ||||||
| 2 | (11) Directly or indirectly giving to or receiving | ||||||
| 3 | from any person, firm, corporation, partnership, or | ||||||
| 4 | association any fee, commission, rebate, or other form of | ||||||
| 5 | compensation for any professional services not actually or | ||||||
| 6 | personally rendered. Nothing in this paragraph (11) | ||||||
| 7 | affects any bona fide independent contractor or employment | ||||||
| 8 | arrangements, which may include provisions for | ||||||
| 9 | compensation, health insurance, pension, or other | ||||||
| 10 | employment benefits, with persons or entities authorized | ||||||
| 11 | under this Act for the provision of services within the | ||||||
| 12 | scope of the licensee's practice under this Act. | ||||||
| 13 | (12) A finding by the Board that the licensee, after | ||||||
| 14 | having his or her license placed on probationary status, | ||||||
| 15 | has violated the terms of probation. | ||||||
| 16 | (13) Abandonment of a patient. | ||||||
| 17 | (14) Willfully making or filing false records or | ||||||
| 18 | reports in his or her practice, including, but not limited | ||||||
| 19 | to, false records filed with State agencies or | ||||||
| 20 | departments. | ||||||
| 21 | (15) Willfully failing to report an instance of | ||||||
| 22 | suspected child abuse or neglect as required by the Abused | ||||||
| 23 | and Neglected Child Reporting Act. | ||||||
| 24 | (16) Physical illness, or mental illness or impairment | ||||||
| 25 | that results in the inability to practice the profession | ||||||
| 26 | with reasonable judgment, skill, or safety, including, but | ||||||
| |||||||
| |||||||
| 1 | not limited to, deterioration through the aging process or | ||||||
| 2 | loss of motor skill. | ||||||
| 3 | (17) Being named as a perpetrator in an indicated | ||||||
| 4 | report by the Department of Children and Family Services | ||||||
| 5 | under the Abused and Neglected Child Reporting Act, and | ||||||
| 6 | upon proof by clear and convincing evidence that the | ||||||
| 7 | licensee has caused a child to be an abused child or | ||||||
| 8 | neglected child as defined in the Abused and Neglected | ||||||
| 9 | Child Reporting Act. | ||||||
| 10 | (18) (Blank). | ||||||
| 11 | (19) Gross negligence resulting in permanent injury or | ||||||
| 12 | death of a patient. | ||||||
| 13 | (20) Employment of fraud, deception or any unlawful | ||||||
| 14 | means in applying for or securing a license as a physician | ||||||
| 15 | assistant. | ||||||
| 16 | (21) Exceeding the authority delegated to him or her | ||||||
| 17 | by his or her collaborating physician in a written | ||||||
| 18 | collaborative agreement, when the agreement is required | ||||||
| 19 | under this Act. | ||||||
| 20 | (22) Immoral conduct in the commission of any act, | ||||||
| 21 | such as sexual abuse, sexual misconduct, or sexual | ||||||
| 22 | exploitation related to the licensee's practice. | ||||||
| 23 | (23) Violation of the Health Care Worker Self-Referral | ||||||
| 24 | Act. | ||||||
| 25 | (24) Practicing under a false or assumed name, except | ||||||
| 26 | as provided by law. | ||||||
| |||||||
| |||||||
| 1 | (25) Making a false or misleading statement regarding | ||||||
| 2 | his or her skill or the efficacy or value of the medicine, | ||||||
| 3 | treatment, or remedy prescribed by him or her in the | ||||||
| 4 | course of treatment. | ||||||
| 5 | (26) Allowing another person to use his or her license | ||||||
| 6 | to practice. | ||||||
| 7 | (27) Prescribing, selling, administering, | ||||||
| 8 | distributing, giving, or self-administering a drug | ||||||
| 9 | classified as a controlled substance for other than | ||||||
| 10 | medically accepted therapeutic purposes. | ||||||
| 11 | (28) Promotion of the sale of drugs, devices, | ||||||
| 12 | appliances, or goods provided for a patient in a manner to | ||||||
| 13 | exploit the patient for financial gain. | ||||||
| 14 | (29) A pattern of practice or other behavior that | ||||||
| 15 | demonstrates incapacity or incompetence to practice under | ||||||
| 16 | this Act. | ||||||
| 17 | (30) Violating State or federal laws or regulations | ||||||
| 18 | relating to controlled substances or other legend drugs or | ||||||
| 19 | ephedra as defined in the Ephedra Prohibition Act. | ||||||
| 20 | (31) (Blank). Exceeding the prescriptive authority | ||||||
| 21 | delegated by the collaborating physician or violating the | ||||||
| 22 | written collaborative agreement delegating that authority. | ||||||
| 23 | (32) (Blank). Practicing without providing to the | ||||||
| 24 | Department a notice of collaboration or delegation of | ||||||
| 25 | prescriptive authority. | ||||||
| 26 | (33) Failure to establish and maintain records of | ||||||
| |||||||
| |||||||
| 1 | patient care and treatment as required by law. | ||||||
| 2 | (34) Attempting to subvert or cheat on the examination | ||||||
| 3 | of the National Commission on Certification of Physician | ||||||
| 4 | Assistants or its successor agency. | ||||||
| 5 | (35) Willfully or negligently violating the | ||||||
| 6 | confidentiality between physician assistant and patient, | ||||||
| 7 | except as required by law. | ||||||
| 8 | (36) Willfully failing to report an instance of | ||||||
| 9 | suspected abuse, neglect, financial exploitation, or | ||||||
| 10 | self-neglect of an eligible adult as defined in and | ||||||
| 11 | required by the Adult Protective Services Act. | ||||||
| 12 | (37) Being named as an abuser in a verified report by | ||||||
| 13 | the Department on Aging under the Adult Protective | ||||||
| 14 | Services Act and upon proof by clear and convincing | ||||||
| 15 | evidence that the licensee abused, neglected, or | ||||||
| 16 | financially exploited an eligible adult as defined in the | ||||||
| 17 | Adult Protective Services Act. | ||||||
| 18 | (38) Failure to report to the Department an adverse | ||||||
| 19 | final action taken against him or her by another licensing | ||||||
| 20 | jurisdiction of the United States or a foreign state or | ||||||
| 21 | country, a peer review body, a health care institution, a | ||||||
| 22 | professional society or association, a governmental | ||||||
| 23 | agency, a law enforcement agency, or a court acts or | ||||||
| 24 | conduct similar to acts or conduct that would constitute | ||||||
| 25 | grounds for action under this Section. | ||||||
| 26 | (39) Failure to provide copies of records of patient | ||||||
| |||||||
| |||||||
| 1 | care or treatment, except as required by law. | ||||||
| 2 | (40) (Blank). Entering into an excessive number of | ||||||
| 3 | written collaborative agreements with licensed physicians | ||||||
| 4 | resulting in an inability to adequately collaborate. | ||||||
| 5 | (41) (Blank). Repeated failure to adequately | ||||||
| 6 | collaborate with a collaborating physician. | ||||||
| 7 | (42) Violating the Compassionate Use of Medical | ||||||
| 8 | Cannabis Program Act. | ||||||
| 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 | ||||||
| 14 | by the Illinois Department of Revenue, until such time as the | ||||||
| 15 | requirements of any such tax Act are satisfied. | ||||||
| 16 | (b-5) The Department shall not revoke, suspend, summarily | ||||||
| 17 | suspend, place on prohibition, reprimand, refuse to issue or | ||||||
| 18 | renew, or take any other disciplinary or non-disciplinary | ||||||
| 19 | action against a person's authorization to practice under this | ||||||
| 20 | Act based solely upon the person providing, authorizing, | ||||||
| 21 | recommending, aiding, assisting, referring for, or otherwise | ||||||
| 22 | participating in any health care service, so long as the care | ||||||
| 23 | was not unlawful under the laws of this State, regardless of | ||||||
| 24 | whether the patient was a resident of this State or another | ||||||
| 25 | state. | ||||||
| 26 | (b-10) The Department shall not revoke, suspend, summarily | ||||||
| |||||||
| |||||||
| 1 | suspend, place on prohibition, reprimand, refuse to issue or | ||||||
| 2 | renew, or take any other disciplinary or non-disciplinary | ||||||
| 3 | action against a person's authorization to practice under this | ||||||
| 4 | Act based upon the person's license, registration, or permit | ||||||
| 5 | being revoked or suspended, or the person being otherwise | ||||||
| 6 | disciplined, by any other state if that revocation, | ||||||
| 7 | suspension, or other form of discipline was based solely on | ||||||
| 8 | the person violating another state's laws prohibiting the | ||||||
| 9 | provision of, authorization of, recommendation of, aiding or | ||||||
| 10 | assisting in, referring for, or participation in any health | ||||||
| 11 | care service if that health care service as provided would not | ||||||
| 12 | have been unlawful under the laws of this State and is | ||||||
| 13 | consistent with the applicable standard of conduct for a | ||||||
| 14 | person practicing in Illinois under this Act. | ||||||
| 15 | (b-15) The conduct specified in subsections (b-5) and | ||||||
| 16 | (b-10) shall not constitute grounds for suspension under | ||||||
| 17 | Section 22.13. | ||||||
| 18 | (b-20) An applicant seeking licensure, certification, or | ||||||
| 19 | authorization pursuant to this Act who has been subject to | ||||||
| 20 | disciplinary action by a duly authorized professional | ||||||
| 21 | disciplinary agency of another jurisdiction solely on the | ||||||
| 22 | basis of having provided, authorized, recommended, aided, | ||||||
| 23 | assisted, referred for, or otherwise participated in health | ||||||
| 24 | care shall not be denied such licensure, certification, or | ||||||
| 25 | authorization, unless the Department determines that such | ||||||
| 26 | action would have constituted professional misconduct in this | ||||||
| |||||||
| |||||||
| 1 | State; however, nothing in this Section shall be construed as | ||||||
| 2 | prohibiting the Department from evaluating the conduct of such | ||||||
| 3 | applicant and making a determination regarding the licensure, | ||||||
| 4 | certification, or authorization to practice a profession under | ||||||
| 5 | this Act. | ||||||
| 6 | (c) The determination by a circuit court that a licensee | ||||||
| 7 | is subject to involuntary admission or judicial admission as | ||||||
| 8 | provided in the Mental Health and Developmental Disabilities | ||||||
| 9 | Code operates as an automatic suspension. The suspension will | ||||||
| 10 | end only upon a finding by a court that the patient is no | ||||||
| 11 | longer subject to involuntary admission or judicial admission | ||||||
| 12 | and issues an order so finding and discharging the patient, | ||||||
| 13 | and upon the recommendation of the Board to the Secretary that | ||||||
| 14 | the licensee be allowed to resume his or her practice. | ||||||
| 15 | (d) In enforcing this Section, the Department upon a | ||||||
| 16 | showing of a possible violation may compel an individual | ||||||
| 17 | licensed to practice under this Act, or who has applied for | ||||||
| 18 | licensure under this Act, to submit to a mental or physical | ||||||
| 19 | examination, or both, which may include a substance abuse or | ||||||
| 20 | sexual offender evaluation, as required by and at the expense | ||||||
| 21 | of the Department. | ||||||
| 22 | The Department shall specifically designate the examining | ||||||
| 23 | physician licensed to practice medicine in all of its branches | ||||||
| 24 | or, if applicable, the multidisciplinary team involved in | ||||||
| 25 | providing the mental or physical examination or both. The | ||||||
| 26 | multidisciplinary team shall be led by a physician licensed to | ||||||
| |||||||
| |||||||
| 1 | practice medicine in all of its branches and may consist of one | ||||||
| 2 | or more or a combination of physicians licensed to practice | ||||||
| 3 | medicine in all of its branches, licensed clinical | ||||||
| 4 | psychologists, licensed clinical social workers, licensed | ||||||
| 5 | clinical professional counselors, and other professional and | ||||||
| 6 | administrative staff. Any examining physician or member of the | ||||||
| 7 | multidisciplinary team may require any person ordered to | ||||||
| 8 | submit to an examination pursuant to this Section to submit to | ||||||
| 9 | any additional supplemental testing deemed necessary to | ||||||
| 10 | complete any examination or evaluation process, including, but | ||||||
| 11 | not limited to, blood testing, urinalysis, psychological | ||||||
| 12 | testing, or neuropsychological testing. | ||||||
| 13 | The Department may order the examining physician or any | ||||||
| 14 | member of the multidisciplinary team to provide to the | ||||||
| 15 | Department any and all records, including business records, | ||||||
| 16 | that relate to the examination and evaluation, including any | ||||||
| 17 | supplemental testing performed. | ||||||
| 18 | The Department may order the examining physician or any | ||||||
| 19 | member of the multidisciplinary team to present testimony | ||||||
| 20 | concerning the mental or physical examination of the licensee | ||||||
| 21 | or applicant. No information, report, record, or other | ||||||
| 22 | documents in any way related to the examination shall be | ||||||
| 23 | excluded by reason of any common law or statutory privilege | ||||||
| 24 | relating to communications between the licensee or applicant | ||||||
| 25 | and the examining physician or any member of the | ||||||
| 26 | multidisciplinary team. No authorization is necessary from the | ||||||
| |||||||
| |||||||
| 1 | licensee or applicant ordered to undergo an examination for | ||||||
| 2 | the examining physician or any member of the multidisciplinary | ||||||
| 3 | team to provide information, reports, records, or other | ||||||
| 4 | documents or to provide any testimony regarding the | ||||||
| 5 | examination and evaluation. | ||||||
| 6 | The individual to be examined may have, at his or her own | ||||||
| 7 | expense, another physician of his or her choice present during | ||||||
| 8 | all aspects of this examination. However, that physician shall | ||||||
| 9 | be present only to observe and may not interfere in any way | ||||||
| 10 | with the examination. | ||||||
| 11 | Failure of an individual to submit to a mental or physical | ||||||
| 12 | examination, when ordered, shall result in an automatic | ||||||
| 13 | suspension of his or her license until the individual submits | ||||||
| 14 | to the examination. | ||||||
| 15 | If the Department finds an individual unable to practice | ||||||
| 16 | because of the reasons set forth in this Section, the | ||||||
| 17 | Department may require that individual to submit to care, | ||||||
| 18 | counseling, or treatment by physicians approved or designated | ||||||
| 19 | by the Department, as a condition, term, or restriction for | ||||||
| 20 | continued, reinstated, or renewed licensure to practice; or, | ||||||
| 21 | in lieu of care, counseling, or treatment, the Department may | ||||||
| 22 | file a complaint to immediately suspend, revoke, or otherwise | ||||||
| 23 | discipline the license of the individual. An individual whose | ||||||
| 24 | license was granted, continued, reinstated, renewed, | ||||||
| 25 | disciplined, or supervised subject to such terms, conditions, | ||||||
| 26 | or restrictions, and who fails to comply with such terms, | ||||||
| |||||||
| |||||||
| 1 | conditions, or restrictions, shall be referred to the | ||||||
| 2 | Secretary for a determination as to whether the individual | ||||||
| 3 | shall have his or her license suspended immediately, pending a | ||||||
| 4 | hearing by the Department. | ||||||
| 5 | In instances in which the Secretary immediately suspends a | ||||||
| 6 | person's license under this Section, a hearing on that | ||||||
| 7 | person's license must be convened by the Department within 30 | ||||||
| 8 | days after the suspension and completed without appreciable | ||||||
| 9 | delay. The Department shall have the authority to review the | ||||||
| 10 | subject individual's record of treatment and counseling | ||||||
| 11 | regarding the impairment to the extent permitted by applicable | ||||||
| 12 | federal statutes and regulations safeguarding the | ||||||
| 13 | confidentiality of medical records. | ||||||
| 14 | An individual licensed under this Act and affected under | ||||||
| 15 | this Section shall be afforded an opportunity to demonstrate | ||||||
| 16 | to the Department that he or she can resume practice in | ||||||
| 17 | compliance with acceptable and prevailing standards under the | ||||||
| 18 | provisions of his or her license. | ||||||
| 19 | (e) An individual or organization acting in good faith, | ||||||
| 20 | and not in a willful and wanton manner, in complying with this | ||||||
| 21 | Section by providing a report or other information to the | ||||||
| 22 | Board, by assisting in the investigation or preparation of a | ||||||
| 23 | report or information, by participating in proceedings of the | ||||||
| 24 | Board, or by serving as a member of the Board, shall not be | ||||||
| 25 | subject to criminal prosecution or civil damages as a result | ||||||
| 26 | of such actions. | ||||||
| |||||||
| |||||||
| 1 | (f) Members of the Board shall be indemnified by the State | ||||||
| 2 | for any actions occurring within the scope of services on the | ||||||
| 3 | Board, done in good faith and not willful and wanton in nature. | ||||||
| 4 | The Attorney General shall defend all such actions unless he | ||||||
| 5 | or she determines either that there would be a conflict of | ||||||
| 6 | interest in such representation or that the actions complained | ||||||
| 7 | of were not in good faith or were willful and wanton. | ||||||
| 8 | If the Attorney General declines representation, the | ||||||
| 9 | member has the right to employ counsel of his or her choice, | ||||||
| 10 | whose fees shall be provided by the State, after approval by | ||||||
| 11 | the Attorney General, unless there is a determination by a | ||||||
| 12 | court that the member's actions were not in good faith or were | ||||||
| 13 | willful and wanton. | ||||||
| 14 | The member must notify the Attorney General within 7 days | ||||||
| 15 | after receipt of notice of the initiation of any action | ||||||
| 16 | involving services of the Board. Failure to so notify the | ||||||
| 17 | Attorney General constitutes an absolute waiver of the right | ||||||
| 18 | to a defense and indemnification. | ||||||
| 19 | The Attorney General shall determine, within 7 days after | ||||||
| 20 | receiving such notice, whether he or she will undertake to | ||||||
| 21 | represent the member. | ||||||
| 22 | (g) The Department may adopt rules to implement, | ||||||
| 23 | administer, and enforce this Section. | ||||||
| 24 | (Source: P.A. 104-432, eff. 1-1-26.) | ||||||
| 25 | Section 10. 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) "Person with a substance use disorder" means any | ||||||
| 6 | person who has a substance use disorder diagnosis defined as a | ||||||
| 7 | spectrum of persistent and recurring problematic behavior that | ||||||
| 8 | encompasses 10 separate classes of drugs: alcohol; caffeine; | ||||||
| 9 | cannabis; hallucinogens; inhalants; opioids; sedatives, | ||||||
| 10 | hypnotics and anxiolytics; stimulants; and tobacco; and other | ||||||
| 11 | unknown substances leading to clinically significant | ||||||
| 12 | impairment or distress. | ||||||
| 13 | (b) "Administer" means the direct application of a | ||||||
| 14 | controlled substance, whether by injection, inhalation, | ||||||
| 15 | ingestion, or any other means, to the body of a patient, | ||||||
| 16 | research subject, or animal (as defined by the Humane | ||||||
| 17 | Euthanasia in Animal Shelters Act) by: | ||||||
| 18 | (1) a practitioner (or, in his or her presence, by his | ||||||
| 19 | or her authorized agent), | ||||||
| 20 | (2) the patient or research subject pursuant to an | ||||||
| 21 | order, or | ||||||
| 22 | (3) a euthanasia technician as defined by the Humane | ||||||
| 23 | Euthanasia in Animal Shelters Act. | ||||||
| 24 | (c) "Agent" means an authorized person who acts on behalf | ||||||
| 25 | of or at the direction of a manufacturer, distributor, | ||||||
| |||||||
| |||||||
| 1 | dispenser, prescriber, or practitioner. It does not include a | ||||||
| 2 | common or contract carrier, public warehouseman or employee of | ||||||
| 3 | the carrier or warehouseman. | ||||||
| 4 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
| 5 | substance, chemically and pharmacologically related to | ||||||
| 6 | testosterone (other than estrogens, progestins, | ||||||
| 7 | corticosteroids, and dehydroepiandrosterone), and includes: | ||||||
| 8 | (i) 3[beta],17-dihydroxy-5a-androstane, | ||||||
| 9 | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||||||
| 10 | (iii) 5[alpha]-androstan-3,17-dione, | ||||||
| 11 | (iv) 1-androstenediol (3[beta], | ||||||
| 12 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
| 13 | (v) 1-androstenediol (3[alpha], | ||||||
| 14 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
| 15 | (vi) 4-androstenediol | ||||||
| 16 | (3[beta],17[beta]-dihydroxy-androst-4-ene), | ||||||
| 17 | (vii) 5-androstenediol | ||||||
| 18 | (3[beta],17[beta]-dihydroxy-androst-5-ene), | ||||||
| 19 | (viii) 1-androstenedione | ||||||
| 20 | ([5alpha]-androst-1-en-3,17-dione), | ||||||
| 21 | (ix) 4-androstenedione | ||||||
| 22 | (androst-4-en-3,17-dione), | ||||||
| 23 | (x) 5-androstenedione | ||||||
| 24 | (androst-5-en-3,17-dione), | ||||||
| 25 | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||||||
| 26 | hydroxyandrost-4-en-3-one), | ||||||
| |||||||
| |||||||
| 1 | (xii) boldenone (17[beta]-hydroxyandrost- | ||||||
| 2 | 1,4,-diene-3-one), | ||||||
| 3 | (xiii) boldione (androsta-1,4- | ||||||
| 4 | diene-3,17-dione), | ||||||
| 5 | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||||||
| 6 | [beta]-hydroxyandrost-4-en-3-one), | ||||||
| 7 | (xv) clostebol (4-chloro-17[beta]- | ||||||
| 8 | hydroxyandrost-4-en-3-one), | ||||||
| 9 | (xvi) dehydrochloromethyltestosterone (4-chloro- | ||||||
| 10 | 17[beta]-hydroxy-17[alpha]-methyl- | ||||||
| 11 | androst-1,4-dien-3-one), | ||||||
| 12 | (xvii) desoxymethyltestosterone | ||||||
| 13 | (17[alpha]-methyl-5[alpha] | ||||||
| 14 | -androst-2-en-17[beta]-ol)(a.k.a., madol), | ||||||
| 15 | (xviii) [delta]1-dihydrotestosterone (a.k.a. | ||||||
| 16 | '1-testosterone') (17[beta]-hydroxy- | ||||||
| 17 | 5[alpha]-androst-1-en-3-one), | ||||||
| 18 | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||||||
| 19 | androstan-3-one), | ||||||
| 20 | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||||||
| 21 | 5[alpha]-androstan-3-one), | ||||||
| 22 | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||||||
| 23 | hydroxyestr-4-ene), | ||||||
| 24 | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||||||
| 25 | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||||||
| 26 | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||||||
| |||||||
| |||||||
| 1 | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||||||
| 2 | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||||||
| 3 | hydroxyandrostano[2,3-c]-furazan), | ||||||
| 4 | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, | ||||||
| 5 | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||||||
| 6 | androst-4-en-3-one), | ||||||
| 7 | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||||||
| 8 | dihydroxy-estr-4-en-3-one), | ||||||
| 9 | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||||||
| 10 | hydroxy-5-androstan-3-one), | ||||||
| 11 | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||||||
| 12 | [5a]-androstan-3-one), | ||||||
| 13 | (xxx) methandienone (17[alpha]-methyl-17[beta]- | ||||||
| 14 | hydroxyandrost-1,4-dien-3-one), | ||||||
| 15 | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||||||
| 16 | dihydroxyandrost-5-ene), | ||||||
| 17 | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||||||
| 18 | 5[alpha]-androst-1-en-3-one), | ||||||
| 19 | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||||||
| 20 | dihydroxy-5a-androstane, | ||||||
| 21 | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||||||
| 22 | -5a-androstane, | ||||||
| 23 | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||||||
| 24 | dihydroxyandrost-4-ene), | ||||||
| 25 | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||||||
| 26 | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||||||
| |||||||
| |||||||
| 1 | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||||||
| 2 | hydroxyestra-4,9(10)-dien-3-one), | ||||||
| 3 | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||||||
| 4 | hydroxyestra-4,9-11-trien-3-one), | ||||||
| 5 | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||||||
| 6 | hydroxyandrost-4-en-3-one), | ||||||
| 7 | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||||||
| 8 | hydroxyestr-4-en-3-one), | ||||||
| 9 | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||||||
| 10 | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||||||
| 11 | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||||||
| 12 | 1-testosterone'), | ||||||
| 13 | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||||||
| 14 | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||||||
| 15 | dihydroxyestr-4-ene), | ||||||
| 16 | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||||||
| 17 | dihydroxyestr-4-ene), | ||||||
| 18 | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||||||
| 19 | dihydroxyestr-5-ene), | ||||||
| 20 | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||||||
| 21 | dihydroxyestr-5-ene), | ||||||
| 22 | (xlvii) 19-nor-4,9(10)-androstadienedione | ||||||
| 23 | (estra-4,9(10)-diene-3,17-dione), | ||||||
| 24 | (xlviii) 19-nor-4-androstenedione (estr-4- | ||||||
| 25 | en-3,17-dione), | ||||||
| 26 | (xlix) 19-nor-5-androstenedione (estr-5- | ||||||
| |||||||
| |||||||
| 1 | en-3,17-dione), | ||||||
| 2 | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||||||
| 3 | hydroxygon-4-en-3-one), | ||||||
| 4 | (li) norclostebol (4-chloro-17[beta]- | ||||||
| 5 | hydroxyestr-4-en-3-one), | ||||||
| 6 | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||||||
| 7 | hydroxyestr-4-en-3-one), | ||||||
| 8 | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||||||
| 9 | hydroxyestr-4-en-3-one), | ||||||
| 10 | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
| 11 | 2-oxa-5[alpha]-androstan-3-one), | ||||||
| 12 | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||||||
| 13 | dihydroxyandrost-4-en-3-one), | ||||||
| 14 | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||||||
| 15 | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||||||
| 16 | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
| 17 | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||||||
| 18 | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||||||
| 19 | (5[alpha]-androst-1-en-3-one), | ||||||
| 20 | (lix) testolactone (13-hydroxy-3-oxo-13,17- | ||||||
| 21 | secoandrosta-1,4-dien-17-oic | ||||||
| 22 | acid lactone), | ||||||
| 23 | (lx) testosterone (17[beta]-hydroxyandrost- | ||||||
| 24 | 4-en-3-one), | ||||||
| 25 | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||||||
| 26 | diethyl-17[beta]-hydroxygon- | ||||||
| |||||||
| |||||||
| 1 | 4,9,11-trien-3-one), | ||||||
| 2 | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||||||
| 3 | 11-trien-3-one). | ||||||
| 4 | Any person who is otherwise lawfully in possession of an | ||||||
| 5 | anabolic steroid, or who otherwise lawfully manufactures, | ||||||
| 6 | distributes, dispenses, delivers, or possesses with intent to | ||||||
| 7 | deliver an anabolic steroid, which anabolic steroid is | ||||||
| 8 | expressly intended for and lawfully allowed to be administered | ||||||
| 9 | through implants to livestock or other nonhuman species, and | ||||||
| 10 | which is approved by the Secretary of Health and Human | ||||||
| 11 | Services for such administration, and which the person intends | ||||||
| 12 | to administer or have administered through such implants, | ||||||
| 13 | shall not be considered to be in unauthorized possession or to | ||||||
| 14 | unlawfully manufacture, distribute, dispense, deliver, or | ||||||
| 15 | possess with intent to deliver such anabolic steroid for | ||||||
| 16 | purposes of this Act. | ||||||
| 17 | (d) "Administration" means the Drug Enforcement | ||||||
| 18 | Administration, United States Department of Justice, or its | ||||||
| 19 | successor agency. | ||||||
| 20 | (d-5) "Clinical Director, Prescription Monitoring Program" | ||||||
| 21 | means a Department of Human Services administrative employee | ||||||
| 22 | licensed to either prescribe or dispense controlled substances | ||||||
| 23 | who shall run the clinical aspects of the Department of Human | ||||||
| 24 | Services Prescription Monitoring Program and its Prescription | ||||||
| 25 | Information Library. | ||||||
| 26 | (d-10) "Compounding" means the preparation and mixing of | ||||||
| |||||||
| |||||||
| 1 | components, excluding flavorings, (1) as the result of a | ||||||
| 2 | prescriber's prescription drug order or initiative based on | ||||||
| 3 | the prescriber-patient-pharmacist relationship in the course | ||||||
| 4 | of professional practice or (2) for the purpose of, or | ||||||
| 5 | incident to, research, teaching, or chemical analysis and not | ||||||
| 6 | for sale or dispensing. "Compounding" includes the preparation | ||||||
| 7 | of drugs or devices in anticipation of receiving prescription | ||||||
| 8 | drug orders based on routine, regularly observed dispensing | ||||||
| 9 | patterns. Commercially available products may be compounded | ||||||
| 10 | for dispensing to individual patients only if both of the | ||||||
| 11 | following conditions are met: (i) the commercial product is | ||||||
| 12 | not reasonably available from normal distribution channels in | ||||||
| 13 | a timely manner to meet the patient's needs and (ii) the | ||||||
| 14 | prescribing practitioner has requested that the drug be | ||||||
| 15 | compounded. | ||||||
| 16 | (e) "Control" means to add a drug or other substance, or | ||||||
| 17 | immediate precursor, to a Schedule whether by transfer from | ||||||
| 18 | another Schedule or otherwise. | ||||||
| 19 | (f) "Controlled Substance" means (i) a drug, substance, | ||||||
| 20 | immediate precursor, or synthetic drug in the Schedules of | ||||||
| 21 | Article II of this Act or (ii) a drug or other substance, or | ||||||
| 22 | immediate precursor, designated as a controlled substance by | ||||||
| 23 | the Department through administrative rule. The term does not | ||||||
| 24 | include distilled spirits, wine, malt beverages, or tobacco, | ||||||
| 25 | as those terms are defined or used in the Liquor Control Act of | ||||||
| 26 | 1934 and the Tobacco Products Tax Act of 1995. | ||||||
| |||||||
| |||||||
| 1 | (f-5) "Controlled substance analog" means a substance: | ||||||
| 2 | (1) the chemical structure of which is substantially | ||||||
| 3 | similar to the chemical structure of a controlled | ||||||
| 4 | substance in Schedule I or II; | ||||||
| 5 | (2) which has a stimulant, depressant, or | ||||||
| 6 | hallucinogenic effect on the central nervous system that | ||||||
| 7 | is substantially similar to or greater than the stimulant, | ||||||
| 8 | depressant, or hallucinogenic effect on the central | ||||||
| 9 | nervous system of a controlled substance in Schedule I or | ||||||
| 10 | II; or | ||||||
| 11 | (3) with respect to a particular person, which such | ||||||
| 12 | person represents or intends to have a stimulant, | ||||||
| 13 | depressant, or hallucinogenic effect on the central | ||||||
| 14 | nervous system that is substantially similar to or greater | ||||||
| 15 | than the stimulant, depressant, or hallucinogenic effect | ||||||
| 16 | on the central nervous system of a controlled substance in | ||||||
| 17 | Schedule I or II. | ||||||
| 18 | (g) "Counterfeit substance" means a controlled substance, | ||||||
| 19 | which, or the container or labeling of which, without | ||||||
| 20 | authorization bears the trademark, trade name, or other | ||||||
| 21 | identifying mark, imprint, number or device, or any likeness | ||||||
| 22 | thereof, of a manufacturer, distributor, or dispenser other | ||||||
| 23 | than the person who in fact manufactured, distributed, or | ||||||
| 24 | dispensed the substance. | ||||||
| 25 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
| 26 | or attempted transfer of possession of a controlled substance, | ||||||
| |||||||
| |||||||
| 1 | with or without consideration, whether or not there is an | ||||||
| 2 | agency relationship. "Deliver" or "delivery" does not include | ||||||
| 3 | the donation of drugs to the extent permitted under the | ||||||
| 4 | Illinois Drug Reuse Opportunity Program Act. | ||||||
| 5 | (i) "Department" means the Illinois Department of Human | ||||||
| 6 | Services (as successor to the Department of Alcoholism and | ||||||
| 7 | Substance Abuse) or its successor agency. | ||||||
| 8 | (j) (Blank). | ||||||
| 9 | (k) "Department of Corrections" means the Department of | ||||||
| 10 | Corrections of the State of Illinois or its successor agency. | ||||||
| 11 | (l) "Department of Financial and Professional Regulation" | ||||||
| 12 | means the Department of Financial and Professional Regulation | ||||||
| 13 | of the State of Illinois or its successor agency. | ||||||
| 14 | (m) "Depressant" means any drug that (i) causes an overall | ||||||
| 15 | depression of central nervous system functions, (ii) causes | ||||||
| 16 | impaired consciousness and awareness, and (iii) can be | ||||||
| 17 | habit-forming or lead to a substance misuse or substance use | ||||||
| 18 | disorder, including, but not limited to, alcohol, cannabis and | ||||||
| 19 | its active principles and their analogs, benzodiazepines and | ||||||
| 20 | their analogs, barbiturates and their analogs, opioids | ||||||
| 21 | (natural and synthetic) and their analogs, and chloral hydrate | ||||||
| 22 | and similar sedative hypnotics. | ||||||
| 23 | (n) (Blank). | ||||||
| 24 | (o) "Director" means the Director of the Illinois State | ||||||
| 25 | Police or his or her designated agents. | ||||||
| 26 | (p) "Dispense" means to deliver a controlled substance to | ||||||
| |||||||
| |||||||
| 1 | an ultimate user or research subject by or pursuant to the | ||||||
| 2 | lawful order of a prescriber, including the prescribing, | ||||||
| 3 | administering, packaging, labeling, or compounding necessary | ||||||
| 4 | to prepare the substance for that delivery. | ||||||
| 5 | (q) "Dispenser" means a practitioner who dispenses. | ||||||
| 6 | (r) "Distribute" means to deliver, other than by | ||||||
| 7 | administering or dispensing, a controlled substance. | ||||||
| 8 | (s) "Distributor" means a person who distributes. | ||||||
| 9 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
| 10 | official United States Pharmacopoeia, Official Homeopathic | ||||||
| 11 | Pharmacopoeia of the United States, or official National | ||||||
| 12 | Formulary, or any supplement to any of them; (2) substances | ||||||
| 13 | intended for use in diagnosis, cure, mitigation, treatment, or | ||||||
| 14 | prevention of disease in man or animals; (3) substances (other | ||||||
| 15 | than food) intended to affect the structure of any function of | ||||||
| 16 | the body of man or animals and (4) substances intended for use | ||||||
| 17 | as a component of any article specified in clause (1), (2), or | ||||||
| 18 | (3) of this subsection. It does not include devices or their | ||||||
| 19 | components, parts, or accessories. | ||||||
| 20 | (t-3) "Electronic health record" or "EHR" means an | ||||||
| 21 | electronic record of health-related information on an | ||||||
| 22 | individual that is created, gathered, managed, and consulted | ||||||
| 23 | by authorized health care clinicians and staff. | ||||||
| 24 | (t-3.5) "Electronic health record system" or "EHR system" | ||||||
| 25 | means any computer-based system or combination of federally | ||||||
| 26 | certified Health IT Modules (defined at 42 CFR 170.102 or its | ||||||
| |||||||
| |||||||
| 1 | successor) used as a repository for electronic health records | ||||||
| 2 | and accessed or updated by a prescriber or authorized | ||||||
| 3 | surrogate in the ordinary course of his or her medical | ||||||
| 4 | practice. For purposes of connecting to the Prescription | ||||||
| 5 | Information Library maintained by the Bureau of Pharmacy and | ||||||
| 6 | Clinical Support Systems or its successor, an EHR system may | ||||||
| 7 | connect to the Prescription Information Library directly or | ||||||
| 8 | through all or part of a computer program or system that is a | ||||||
| 9 | federally certified Health IT Module maintained by a third | ||||||
| 10 | party and used by the EHR system to secure access to the | ||||||
| 11 | database. | ||||||
| 12 | (t-4) "Emergency medical services personnel" has the | ||||||
| 13 | meaning ascribed to it in the Emergency Medical Services (EMS) | ||||||
| 14 | Systems Act. | ||||||
| 15 | (t-5) "Euthanasia agency" means an entity certified by the | ||||||
| 16 | Department of Financial and Professional Regulation for the | ||||||
| 17 | purpose of animal euthanasia that holds an animal control | ||||||
| 18 | facility license or animal shelter license under the Animal | ||||||
| 19 | Welfare Act. A euthanasia agency is authorized to purchase, | ||||||
| 20 | store, possess, and utilize Schedule II nonnarcotic and | ||||||
| 21 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
| 22 | euthanasia. | ||||||
| 23 | (t-10) "Euthanasia drugs" means Schedule II or Schedule | ||||||
| 24 | III substances (nonnarcotic controlled substances) that are | ||||||
| 25 | used by a euthanasia agency for the purpose of animal | ||||||
| 26 | euthanasia. | ||||||
| |||||||
| |||||||
| 1 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
| 2 | controlled substance by a practitioner in the regular course | ||||||
| 3 | of professional treatment to or for any person who is under his | ||||||
| 4 | or her treatment for a pathology or condition other than that | ||||||
| 5 | individual's physical or psychological dependence upon a | ||||||
| 6 | controlled substance, except as provided herein: and | ||||||
| 7 | 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 | ||||||
| 12 | to, the following, in making the judgment: | ||||||
| 13 | (1) lack of consistency of prescriber-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 (recognizing that there may be | ||||||
| 19 | clinical circumstances where more or less than the usual | ||||||
| 20 | dose may be used legitimately), | ||||||
| 21 | (5) unusual geographic distances between patient, | ||||||
| 22 | pharmacist and prescriber, | ||||||
| 23 | (6) consistent prescribing of habit-forming drugs. | ||||||
| 24 | (u-0.5) "Hallucinogen" means a drug that causes markedly | ||||||
| 25 | altered sensory perception leading to hallucinations of any | ||||||
| 26 | type. | ||||||
| |||||||
| |||||||
| 1 | (u-1) "Home infusion services" means services provided by | ||||||
| 2 | a pharmacy in compounding solutions for direct administration | ||||||
| 3 | to a patient in a private residence, long-term care facility, | ||||||
| 4 | or hospice setting by means of parenteral, intravenous, | ||||||
| 5 | intramuscular, subcutaneous, or intraspinal infusion. | ||||||
| 6 | (u-5) "Illinois State Police" means the Illinois State | ||||||
| 7 | Police or its successor agency. | ||||||
| 8 | (v) "Immediate precursor" means a substance: | ||||||
| 9 | (1) which the Department has found to be and by rule | ||||||
| 10 | designated as being a principal compound used, or produced | ||||||
| 11 | primarily for use, in the manufacture of a controlled | ||||||
| 12 | substance; | ||||||
| 13 | (2) which is an immediate chemical intermediary used | ||||||
| 14 | or likely to be used in the manufacture of such controlled | ||||||
| 15 | substance; and | ||||||
| 16 | (3) the control of which is necessary to prevent, | ||||||
| 17 | curtail or limit the manufacture of such controlled | ||||||
| 18 | substance. | ||||||
| 19 | (w) "Instructional activities" means the acts of teaching, | ||||||
| 20 | educating or instructing by practitioners using controlled | ||||||
| 21 | substances within educational facilities approved by the State | ||||||
| 22 | Board of Education or its successor agency. | ||||||
| 23 | (x) "Local authorities" means a duly organized State, | ||||||
| 24 | County or Municipal peace unit or police force. | ||||||
| 25 | (y) "Look-alike substance" means a substance, other than a | ||||||
| 26 | controlled substance which (1) by overall dosage unit | ||||||
| |||||||
| |||||||
| 1 | appearance, including shape, color, size, markings or lack | ||||||
| 2 | thereof, taste, consistency, or any other identifying physical | ||||||
| 3 | characteristic of the substance, would lead a reasonable | ||||||
| 4 | person to believe that the substance is a controlled | ||||||
| 5 | substance, or (2) is expressly or impliedly represented to be | ||||||
| 6 | a controlled substance or is distributed under circumstances | ||||||
| 7 | which would lead a reasonable person to believe that the | ||||||
| 8 | substance is a controlled substance. For the purpose of | ||||||
| 9 | determining whether the representations made or the | ||||||
| 10 | circumstances of the distribution would lead a reasonable | ||||||
| 11 | person to believe the substance to be a controlled substance | ||||||
| 12 | under this clause (2) of subsection (y), the court or other | ||||||
| 13 | authority may consider the following factors in addition to | ||||||
| 14 | any other factor that may be relevant: | ||||||
| 15 | (a) statements made by the owner or person in control | ||||||
| 16 | of the substance concerning its nature, use or effect; | ||||||
| 17 | (b) statements made to the buyer or recipient that the | ||||||
| 18 | substance may be resold for profit; | ||||||
| 19 | (c) whether the substance is packaged in a manner | ||||||
| 20 | normally used for the illegal distribution of controlled | ||||||
| 21 | substances; | ||||||
| 22 | (d) whether the distribution or attempted distribution | ||||||
| 23 | included an exchange of or demand for money or other | ||||||
| 24 | property as consideration, and whether the amount of the | ||||||
| 25 | consideration was substantially greater than the | ||||||
| 26 | reasonable retail market value of the substance. | ||||||
| |||||||
| |||||||
| 1 | Clause (1) of this subsection (y) shall not apply to a | ||||||
| 2 | noncontrolled substance in its finished dosage form that was | ||||||
| 3 | initially introduced into commerce prior to the initial | ||||||
| 4 | introduction into commerce of a controlled substance in its | ||||||
| 5 | finished dosage form which it may substantially resemble. | ||||||
| 6 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
| 7 | distributing of noncontrolled substances by persons authorized | ||||||
| 8 | to dispense and distribute controlled substances under this | ||||||
| 9 | Act, provided that such action would be deemed to be carried | ||||||
| 10 | out in good faith under subsection (u) if the substances | ||||||
| 11 | involved were controlled substances. | ||||||
| 12 | Nothing in this subsection (y) or in this Act prohibits | ||||||
| 13 | the manufacture, preparation, propagation, compounding, | ||||||
| 14 | processing, packaging, advertising or distribution of a drug | ||||||
| 15 | or drugs by any person registered pursuant to Section 510 of | ||||||
| 16 | the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). | ||||||
| 17 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
| 18 | located in a state of the United States that delivers, | ||||||
| 19 | dispenses or distributes, through the United States Postal | ||||||
| 20 | Service or other common carrier, to Illinois residents, any | ||||||
| 21 | substance which requires a prescription. | ||||||
| 22 | (z) "Manufacture" means the production, preparation, | ||||||
| 23 | propagation, compounding, conversion or processing of a | ||||||
| 24 | controlled substance other than methamphetamine, either | ||||||
| 25 | directly or indirectly, by extraction from substances of | ||||||
| 26 | natural origin, or independently by means of chemical | ||||||
| |||||||
| |||||||
| 1 | synthesis, or by a combination of extraction and chemical | ||||||
| 2 | synthesis, and includes any packaging or repackaging of the | ||||||
| 3 | substance or labeling of its container, except that this term | ||||||
| 4 | does not include: | ||||||
| 5 | (1) by an ultimate user, the preparation or | ||||||
| 6 | compounding of a controlled substance for his or her own | ||||||
| 7 | use; | ||||||
| 8 | (2) by a practitioner, or his or her authorized agent | ||||||
| 9 | under his or her supervision, the preparation, | ||||||
| 10 | compounding, packaging, or labeling of a controlled | ||||||
| 11 | substance: | ||||||
| 12 | (a) as an incident to his or her administering or | ||||||
| 13 | dispensing of a controlled substance in the course of | ||||||
| 14 | his or her professional practice; or | ||||||
| 15 | (b) as an incident to lawful research, teaching or | ||||||
| 16 | chemical analysis and not for sale; or | ||||||
| 17 | (3) the packaging, repackaging, or labeling of drugs | ||||||
| 18 | only to the extent permitted under the Illinois Drug Reuse | ||||||
| 19 | Opportunity Program Act. | ||||||
| 20 | (z-1) (Blank). | ||||||
| 21 | (z-5) "Medication shopping" means the conduct prohibited | ||||||
| 22 | under subsection (a) of Section 314.5 of this Act. | ||||||
| 23 | (z-10) "Mid-level practitioner" means (i) a physician | ||||||
| 24 | assistant who has been delegated authority to prescribe | ||||||
| 25 | through a written delegation of authority by a physician | ||||||
| 26 | licensed to practice medicine in all of its branches, in | ||||||
| |||||||
| |||||||
| 1 | accordance with Section 7.5 of the Physician Assistant | ||||||
| 2 | Practice Act of 1987, (ii) an advanced practice registered | ||||||
| 3 | nurse who has been delegated authority to prescribe through a | ||||||
| 4 | written delegation of authority by a physician licensed to | ||||||
| 5 | practice medicine in all of its branches or by a podiatric | ||||||
| 6 | physician, in accordance with Section 65-40 of the Nurse | ||||||
| 7 | Practice Act, (iii) an advanced practice registered nurse | ||||||
| 8 | certified as a nurse practitioner, nurse midwife, or clinical | ||||||
| 9 | nurse specialist who has been granted authority to prescribe | ||||||
| 10 | by a hospital affiliate in accordance with Section 65-45 of | ||||||
| 11 | the Nurse Practice Act, (iv) an animal euthanasia agency, or | ||||||
| 12 | (v) a prescribing psychologist. | ||||||
| 13 | (aa) "Narcotic drug" means any of the following, whether | ||||||
| 14 | produced directly or indirectly by extraction from substances | ||||||
| 15 | of vegetable origin, or independently by means of chemical | ||||||
| 16 | synthesis, or by a combination of extraction and chemical | ||||||
| 17 | synthesis: | ||||||
| 18 | (1) opium, opiates, derivatives of opium and opiates, | ||||||
| 19 | including their isomers, esters, ethers, salts, and salts | ||||||
| 20 | of isomers, esters, and ethers, whenever the existence of | ||||||
| 21 | such isomers, esters, ethers, and salts is possible within | ||||||
| 22 | the specific chemical designation; however the term | ||||||
| 23 | "narcotic drug" does not include the isoquinoline | ||||||
| 24 | alkaloids of opium; | ||||||
| 25 | (2) (blank); | ||||||
| 26 | (3) opium poppy and poppy straw; | ||||||
| |||||||
| |||||||
| 1 | (4) coca leaves, except coca leaves and extracts of | ||||||
| 2 | coca leaves from which substantially all of the cocaine | ||||||
| 3 | and ecgonine, and their isomers, derivatives and salts, | ||||||
| 4 | have been removed; | ||||||
| 5 | (5) cocaine, its salts, optical and geometric isomers, | ||||||
| 6 | and salts of isomers; | ||||||
| 7 | (6) ecgonine, its derivatives, their salts, isomers, | ||||||
| 8 | and salts of isomers; | ||||||
| 9 | (7) any compound, mixture, or preparation which | ||||||
| 10 | contains any quantity of any of the substances referred to | ||||||
| 11 | in subparagraphs (1) through (6). | ||||||
| 12 | (bb) "Nurse" means a registered nurse licensed under the | ||||||
| 13 | Nurse Practice Act. | ||||||
| 14 | (cc) (Blank). | ||||||
| 15 | (dd) "Opiate" means a drug derived from or related to | ||||||
| 16 | opium. | ||||||
| 17 | (ee) "Opium poppy" means the plant of the species Papaver | ||||||
| 18 | somniferum L., except its seeds. | ||||||
| 19 | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||||||
| 20 | solution or other liquid form of medication intended for | ||||||
| 21 | administration by mouth, but the term does not include a form | ||||||
| 22 | of medication intended for buccal, sublingual, or transmucosal | ||||||
| 23 | administration. | ||||||
| 24 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
| 25 | Board of the State of Illinois or its successor agency. | ||||||
| 26 | (gg) "Person" means any individual, corporation, | ||||||
| |||||||
| |||||||
| 1 | mail-order pharmacy, government or governmental subdivision or | ||||||
| 2 | agency, business trust, estate, trust, partnership or | ||||||
| 3 | association, or any other entity. | ||||||
| 4 | (hh) "Pharmacist" means any person who holds a license or | ||||||
| 5 | certificate of registration as a registered pharmacist, a | ||||||
| 6 | local registered pharmacist or a registered assistant | ||||||
| 7 | pharmacist under the Pharmacy Practice Act. | ||||||
| 8 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
| 9 | which pharmacy is authorized to be practiced under the | ||||||
| 10 | Pharmacy Practice Act. | ||||||
| 11 | (ii-5) "Pharmacy shopping" means the conduct prohibited | ||||||
| 12 | under subsection (b) of Section 314.5 of this Act. | ||||||
| 13 | (ii-10) "Physician" (except when the context otherwise | ||||||
| 14 | requires) means a person licensed to practice medicine in all | ||||||
| 15 | of its branches. | ||||||
| 16 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
| 17 | the opium poppy, after mowing. | ||||||
| 18 | (kk) "Practitioner" means a physician licensed to practice | ||||||
| 19 | medicine in all its branches, dentist, optometrist, podiatric | ||||||
| 20 | physician, veterinarian, scientific investigator, pharmacist, | ||||||
| 21 | physician assistant, advanced practice registered nurse, | ||||||
| 22 | licensed practical nurse, registered nurse, emergency medical | ||||||
| 23 | services personnel, hospital, laboratory, or pharmacy, or | ||||||
| 24 | other person licensed, registered, or otherwise lawfully | ||||||
| 25 | permitted by the United States or this State to distribute, | ||||||
| 26 | dispense, conduct research with respect to, administer or use | ||||||
| |||||||
| |||||||
| 1 | in teaching or chemical analysis, a controlled substance in | ||||||
| 2 | the course of professional practice or research. | ||||||
| 3 | (ll) "Pre-printed prescription" means a written | ||||||
| 4 | prescription upon which the designated drug has been indicated | ||||||
| 5 | prior to the time of issuance; the term does not mean a written | ||||||
| 6 | prescription that is individually generated by machine or | ||||||
| 7 | computer in the prescriber's office. | ||||||
| 8 | (mm) "Prescriber" means a physician licensed to practice | ||||||
| 9 | medicine in all its branches, dentist, optometrist, | ||||||
| 10 | prescribing psychologist licensed under Section 4.2 of the | ||||||
| 11 | Clinical Psychologist Licensing Act with prescriptive | ||||||
| 12 | authority delegated under Section 4.3 of the Clinical | ||||||
| 13 | Psychologist Licensing Act, podiatric physician, or | ||||||
| 14 | veterinarian who issues a prescription, a physician assistant | ||||||
| 15 | who issues a prescription for a controlled substance in | ||||||
| 16 | accordance with Section 303.05, a written delegation, and a | ||||||
| 17 | written collaborative agreement required under Section 7.5 of | ||||||
| 18 | the Physician Assistant Practice Act of 1987, an advanced | ||||||
| 19 | practice registered nurse with prescriptive authority | ||||||
| 20 | delegated under Section 65-40 of the Nurse Practice Act and in | ||||||
| 21 | accordance with Section 303.05, a written delegation, and a | ||||||
| 22 | written collaborative agreement under Section 65-35 of the | ||||||
| 23 | Nurse Practice Act, an advanced practice registered nurse | ||||||
| 24 | certified as a nurse practitioner, nurse midwife, or clinical | ||||||
| 25 | nurse specialist who has been granted authority to prescribe | ||||||
| 26 | by a hospital affiliate in accordance with Section 65-45 of | ||||||
| |||||||
| |||||||
| 1 | the Nurse Practice Act and in accordance with Section 303.05, | ||||||
| 2 | or an advanced practice registered nurse certified as a nurse | ||||||
| 3 | practitioner, nurse midwife, or clinical nurse specialist who | ||||||
| 4 | has full practice authority pursuant to Section 65-43 of the | ||||||
| 5 | Nurse Practice Act. | ||||||
| 6 | (nn) "Prescription" means a written, facsimile, or oral | ||||||
| 7 | order, or an electronic order that complies with applicable | ||||||
| 8 | federal requirements, of a physician licensed to practice | ||||||
| 9 | medicine in all its branches, dentist, podiatric physician or | ||||||
| 10 | veterinarian for any controlled substance, of an optometrist | ||||||
| 11 | in accordance with Section 15.1 of the Illinois Optometric | ||||||
| 12 | Practice Act of 1987, of a prescribing psychologist licensed | ||||||
| 13 | under Section 4.2 of the Clinical Psychologist Licensing Act | ||||||
| 14 | with prescriptive authority delegated under Section 4.3 of the | ||||||
| 15 | Clinical Psychologist Licensing Act, of a physician assistant | ||||||
| 16 | for a controlled substance in accordance with Section 303.05, | ||||||
| 17 | a written delegation, and a written collaborative agreement | ||||||
| 18 | required under Section 7.5 of the Physician Assistant Practice | ||||||
| 19 | Act of 1987, of an advanced practice registered nurse with | ||||||
| 20 | prescriptive authority delegated under Section 65-40 of the | ||||||
| 21 | Nurse Practice Act who issues a prescription for a controlled | ||||||
| 22 | substance in accordance with Section 303.05, a written | ||||||
| 23 | delegation, and a written collaborative agreement under | ||||||
| 24 | Section 65-35 of the Nurse Practice Act, of an advanced | ||||||
| 25 | practice registered nurse certified as a nurse practitioner, | ||||||
| 26 | nurse midwife, or clinical nurse specialist who has been | ||||||
| |||||||
| |||||||
| 1 | granted authority to prescribe by a hospital affiliate in | ||||||
| 2 | accordance with Section 65-45 of the Nurse Practice Act and in | ||||||
| 3 | accordance with Section 303.05 when required by law, or of an | ||||||
| 4 | advanced practice registered nurse certified as a nurse | ||||||
| 5 | practitioner, nurse midwife, or clinical nurse specialist who | ||||||
| 6 | has full practice authority pursuant to Section 65-43 of the | ||||||
| 7 | Nurse Practice Act. | ||||||
| 8 | (nn-5) "Prescription Information Library" (PIL) means an | ||||||
| 9 | electronic library that contains reported controlled substance | ||||||
| 10 | data. | ||||||
| 11 | (nn-10) "Prescription Monitoring Program" (PMP) means the | ||||||
| 12 | entity that collects, tracks, and stores reported data on | ||||||
| 13 | controlled substances and select drugs pursuant to Section | ||||||
| 14 | 316. | ||||||
| 15 | (oo) "Production" or "produce" means manufacture, | ||||||
| 16 | planting, cultivating, growing, or harvesting of a controlled | ||||||
| 17 | substance other than methamphetamine. | ||||||
| 18 | (pp) "Registrant" means every person who is required to | ||||||
| 19 | register under Section 302 of this Act. | ||||||
| 20 | (qq) "Registry number" means the number assigned to each | ||||||
| 21 | person authorized to handle controlled substances under the | ||||||
| 22 | laws of the United States and of this State. | ||||||
| 23 | (qq-5) "Secretary" means, as the context requires, either | ||||||
| 24 | the Secretary of the Department or the Secretary of the | ||||||
| 25 | Department of Financial and Professional Regulation, and the | ||||||
| 26 | Secretary's designated agents. | ||||||
| |||||||
| |||||||
| 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 | (rr-5) "Stimulant" means any drug that (i) causes an | ||||||
| 6 | overall excitation of central nervous system functions, (ii) | ||||||
| 7 | causes impaired consciousness and awareness, and (iii) can be | ||||||
| 8 | habit-forming or lead to a substance use disorder, including, | ||||||
| 9 | but not limited to, amphetamines and their analogs, | ||||||
| 10 | methylphenidate and its analogs, cocaine, and phencyclidine | ||||||
| 11 | and its analogs. | ||||||
| 12 | (rr-10) "Synthetic drug" includes, but is not limited to, | ||||||
| 13 | any synthetic cannabinoids or piperazines or any synthetic | ||||||
| 14 | cathinones as provided for in Schedule I. | ||||||
| 15 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
| 16 | a controlled substance for his or her own use or for the use of | ||||||
| 17 | a member of his or her household or for administering to an | ||||||
| 18 | animal owned by him or her or by a member of his or her | ||||||
| 19 | household. | ||||||
| 20 | (Source: P.A. 102-389, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 21 | 102-813, eff. 5-13-22; 103-881, eff. 1-1-25.) | ||||||
| 22 | (720 ILCS 570/303.05) | ||||||
| 23 | Sec. 303.05. Mid-level practitioner registration. | ||||||
| 24 | (a) The Department of Financial and Professional | ||||||
| 25 | Regulation shall register licensed physician assistants, | ||||||
| |||||||
| |||||||
| 1 | licensed advanced practice registered nurses, and prescribing | ||||||
| 2 | psychologists licensed under Section 4.2 of the Clinical | ||||||
| 3 | Psychologist Licensing Act to prescribe and dispense | ||||||
| 4 | controlled substances under Section 303 and euthanasia | ||||||
| 5 | agencies to purchase, store, or administer animal euthanasia | ||||||
| 6 | drugs under the following circumstances: | ||||||
| 7 | (1) with respect to physician assistants, | ||||||
| 8 | (A) the physician assistant has been delegated | ||||||
| 9 | written authority to prescribe any Schedule III | ||||||
| 10 | through V controlled substances by a physician | ||||||
| 11 | licensed to practice medicine in all its branches in | ||||||
| 12 | accordance with Section 7.5 of the Physician Assistant | ||||||
| 13 | Practice Act of 1987; and the physician assistant has | ||||||
| 14 | completed the appropriate application forms and has | ||||||
| 15 | paid the required fees as set by rule; or | ||||||
| 16 | (B) the physician assistant has been delegated | ||||||
| 17 | authority by a collaborating physician licensed to | ||||||
| 18 | practice medicine in all its branches to prescribe or | ||||||
| 19 | dispense Schedule II controlled substances through a | ||||||
| 20 | written delegation of authority and under the | ||||||
| 21 | following conditions: | ||||||
| 22 | (i) Specific Schedule II controlled substances | ||||||
| 23 | by oral dosage or topical or transdermal | ||||||
| 24 | application may be delegated, provided that the | ||||||
| 25 | delegated Schedule II controlled substances are | ||||||
| 26 | routinely prescribed by the collaborating | ||||||
| |||||||
| |||||||
| 1 | physician. This delegation must identify the | ||||||
| 2 | specific Schedule II controlled substances by | ||||||
| 3 | either brand name or generic name. Schedule II | ||||||
| 4 | controlled substances to be delivered by injection | ||||||
| 5 | or other route of administration may not be | ||||||
| 6 | delegated; | ||||||
| 7 | (ii) any delegation must be of controlled | ||||||
| 8 | substances prescribed by the collaborating | ||||||
| 9 | physician; | ||||||
| 10 | (iii) all prescriptions must be limited to no | ||||||
| 11 | more than a 30-day supply, with any continuation | ||||||
| 12 | authorized only after prior approval of the | ||||||
| 13 | collaborating physician; | ||||||
| 14 | (iv) the physician assistant must discuss the | ||||||
| 15 | condition of any patients for whom a controlled | ||||||
| 16 | substance is prescribed monthly with the | ||||||
| 17 | delegating physician; | ||||||
| 18 | (A) (v) the physician assistant must have | ||||||
| 19 | completed the appropriate application forms and paid | ||||||
| 20 | the required fees as set by rule; | ||||||
| 21 | (B) (vi) the physician assistant must provide | ||||||
| 22 | evidence of satisfactory completion of 45 contact | ||||||
| 23 | hours in pharmacology from any physician assistant | ||||||
| 24 | program accredited by the Accreditation Review | ||||||
| 25 | Commission on Education for the Physician Assistant | ||||||
| 26 | (ARC-PA), or its predecessor agency, for any new | ||||||
| |||||||
| |||||||
| 1 | license issued with Schedule II authority after the | ||||||
| 2 | effective date of this amendatory Act of the 97th | ||||||
| 3 | General Assembly; and | ||||||
| 4 | (C) (vii) the physician assistant must annually | ||||||
| 5 | complete at least 5 hours of continuing education in | ||||||
| 6 | pharmacology; | ||||||
| 7 | (2) with respect to advanced practice registered | ||||||
| 8 | nurses who do not meet the requirements of Section 65-43 | ||||||
| 9 | of the Nurse Practice Act, | ||||||
| 10 | (A) the advanced practice registered nurse has | ||||||
| 11 | been delegated authority to prescribe any Schedule III | ||||||
| 12 | through V controlled substances by a collaborating | ||||||
| 13 | physician licensed to practice medicine in all its | ||||||
| 14 | branches or a collaborating podiatric physician in | ||||||
| 15 | accordance with Section 65-40 of the Nurse Practice | ||||||
| 16 | Act. The advanced practice registered nurse has | ||||||
| 17 | completed the appropriate application forms and has | ||||||
| 18 | paid the required fees as set by rule; or | ||||||
| 19 | (B) the advanced practice registered nurse has | ||||||
| 20 | been delegated authority by a collaborating physician | ||||||
| 21 | licensed to practice medicine in all its branches to | ||||||
| 22 | prescribe or dispense Schedule II controlled | ||||||
| 23 | substances through a written delegation of authority | ||||||
| 24 | and under the following conditions: | ||||||
| 25 | (i) specific Schedule II controlled substances | ||||||
| 26 | by oral dosage or topical or transdermal | ||||||
| |||||||
| |||||||
| 1 | application may be delegated, provided that the | ||||||
| 2 | delegated Schedule II controlled substances are | ||||||
| 3 | routinely prescribed by the collaborating | ||||||
| 4 | physician. This delegation must identify the | ||||||
| 5 | specific Schedule II controlled substances by | ||||||
| 6 | either brand name or generic name. Schedule II | ||||||
| 7 | controlled substances to be delivered by injection | ||||||
| 8 | or other route of administration may not be | ||||||
| 9 | delegated; | ||||||
| 10 | (ii) any delegation must be of controlled | ||||||
| 11 | substances prescribed by the collaborating | ||||||
| 12 | physician; | ||||||
| 13 | (iii) all prescriptions must be limited to no | ||||||
| 14 | more than a 30-day supply, with any continuation | ||||||
| 15 | authorized only after prior approval of the | ||||||
| 16 | collaborating physician; | ||||||
| 17 | (iv) the advanced practice registered nurse | ||||||
| 18 | must discuss the condition of any patients for | ||||||
| 19 | whom a controlled substance is prescribed monthly | ||||||
| 20 | with the delegating physician or in the course of | ||||||
| 21 | review as required by Section 65-40 of the Nurse | ||||||
| 22 | Practice Act; | ||||||
| 23 | (v) the advanced practice registered nurse | ||||||
| 24 | must have completed the appropriate application | ||||||
| 25 | forms and paid the required fees as set by rule; | ||||||
| 26 | (vi) the advanced practice registered nurse | ||||||
| |||||||
| |||||||
| 1 | must provide evidence of satisfactory completion | ||||||
| 2 | of at least 45 graduate contact hours in | ||||||
| 3 | pharmacology for any new license issued with | ||||||
| 4 | Schedule II authority after the effective date of | ||||||
| 5 | this amendatory Act of the 97th General Assembly; | ||||||
| 6 | and | ||||||
| 7 | (vii) the advanced practice registered nurse | ||||||
| 8 | must annually complete 5 hours of continuing | ||||||
| 9 | education in pharmacology; | ||||||
| 10 | (2.5) with respect to advanced practice registered | ||||||
| 11 | nurses certified as nurse practitioners, nurse midwives, | ||||||
| 12 | or clinical nurse specialists who do not meet the | ||||||
| 13 | requirements of Section 65-43 of the Nurse Practice Act | ||||||
| 14 | practicing in a hospital affiliate, | ||||||
| 15 | (A) the advanced practice registered nurse | ||||||
| 16 | certified as a nurse practitioner, nurse midwife, or | ||||||
| 17 | clinical nurse specialist has been privileged to | ||||||
| 18 | prescribe any Schedule II through V controlled | ||||||
| 19 | substances by the hospital affiliate upon the | ||||||
| 20 | recommendation of the appropriate physician committee | ||||||
| 21 | of the hospital affiliate in accordance with Section | ||||||
| 22 | 65-45 of the Nurse Practice Act, has completed the | ||||||
| 23 | appropriate application forms, and has paid the | ||||||
| 24 | required fees as set by rule; and | ||||||
| 25 | (B) an advanced practice registered nurse | ||||||
| 26 | certified as a nurse practitioner, nurse midwife, or | ||||||
| |||||||
| |||||||
| 1 | clinical nurse specialist has been privileged to | ||||||
| 2 | prescribe any Schedule II controlled substances by the | ||||||
| 3 | hospital affiliate upon the recommendation of the | ||||||
| 4 | appropriate physician committee of the hospital | ||||||
| 5 | affiliate, then the following conditions must be met: | ||||||
| 6 | (i) specific Schedule II controlled substances | ||||||
| 7 | by oral dosage or topical or transdermal | ||||||
| 8 | application may be designated, provided that the | ||||||
| 9 | designated Schedule II controlled substances are | ||||||
| 10 | routinely prescribed by advanced practice | ||||||
| 11 | registered nurses in their area of certification; | ||||||
| 12 | the privileging documents must identify the | ||||||
| 13 | specific Schedule II controlled substances by | ||||||
| 14 | either brand name or generic name; privileges to | ||||||
| 15 | prescribe or dispense Schedule II controlled | ||||||
| 16 | substances to be delivered by injection or other | ||||||
| 17 | route of administration may not be granted; | ||||||
| 18 | (ii) any privileges must be controlled | ||||||
| 19 | substances limited to the practice of the advanced | ||||||
| 20 | practice registered nurse; | ||||||
| 21 | (iii) any prescription must be limited to no | ||||||
| 22 | more than a 30-day supply; | ||||||
| 23 | (iv) the advanced practice registered nurse | ||||||
| 24 | must discuss the condition of any patients for | ||||||
| 25 | whom a controlled substance is prescribed monthly | ||||||
| 26 | with the appropriate physician committee of the | ||||||
| |||||||
| |||||||
| 1 | hospital affiliate or its physician designee; and | ||||||
| 2 | (v) the advanced practice registered nurse | ||||||
| 3 | must meet the education requirements of this | ||||||
| 4 | Section; | ||||||
| 5 | (3) with respect to animal euthanasia agencies, the | ||||||
| 6 | euthanasia agency has obtained a license from the | ||||||
| 7 | Department of Financial and Professional Regulation and | ||||||
| 8 | obtained a registration number from the Department; or | ||||||
| 9 | (4) with respect to prescribing psychologists, the | ||||||
| 10 | prescribing psychologist has been delegated authority to | ||||||
| 11 | prescribe any nonnarcotic Schedule III through V | ||||||
| 12 | controlled substances by a collaborating physician | ||||||
| 13 | licensed to practice medicine in all its branches in | ||||||
| 14 | accordance with Section 4.3 of the Clinical Psychologist | ||||||
| 15 | Licensing Act, and the prescribing psychologist has | ||||||
| 16 | completed the appropriate application forms and has paid | ||||||
| 17 | the required fees as set by rule. | ||||||
| 18 | (b) The mid-level practitioner shall only be licensed to | ||||||
| 19 | prescribe those schedules of controlled substances for which a | ||||||
| 20 | licensed physician has delegated prescriptive authority, | ||||||
| 21 | except that an animal euthanasia agency does not have any | ||||||
| 22 | prescriptive authority and a physician assistant shall have | ||||||
| 23 | prescriptive authority in accordance with the Physician | ||||||
| 24 | Assistant Practice Act of 1987 without delegation by a | ||||||
| 25 | physician. An A physician assistant and an advanced practice | ||||||
| 26 | registered nurse is are prohibited from prescribing | ||||||
| |||||||
| |||||||
| 1 | medications and controlled substances not set forth in the | ||||||
| 2 | required written delegation of authority or as authorized by | ||||||
| 3 | their practice Act. | ||||||
| 4 | (c) Upon completion of all registration requirements, | ||||||
| 5 | physician assistants, advanced practice registered nurses, and | ||||||
| 6 | animal euthanasia agencies may be issued a mid-level | ||||||
| 7 | practitioner controlled substances license for Illinois. | ||||||
| 8 | (d) A collaborating physician may, but is not required to, | ||||||
| 9 | delegate prescriptive authority to an advanced practice | ||||||
| 10 | registered nurse as part of a written collaborative agreement, | ||||||
| 11 | and the delegation of prescriptive authority shall conform to | ||||||
| 12 | the requirements of Section 65-40 of the Nurse Practice Act. | ||||||
| 13 | (e) (Blank). A collaborating physician may, but is not | ||||||
| 14 | required to, delegate prescriptive authority to a physician | ||||||
| 15 | assistant as part of a written collaborative agreement, and | ||||||
| 16 | the delegation of prescriptive authority shall conform to the | ||||||
| 17 | requirements of Section 7.5 of the Physician Assistant | ||||||
| 18 | Practice Act of 1987. | ||||||
| 19 | (f) Nothing in this Section shall be construed to prohibit | ||||||
| 20 | generic substitution. | ||||||
| 21 | (Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17; | ||||||
| 22 | 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.) | ||||||
| 23 | Section 99. Effective date. This Act takes effect upon | ||||||
| 24 | becoming law, except that Section 7.9 of the Physician | ||||||
| 25 | Assistant Practice Act of 1987 takes effect January 1, 2028.". | ||||||
