Bill Text: IL SB1585 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Physician Assistant Practice Act of 1987 from January 1, 2018 to January 1, 2028. Amends the Physician Assistant Practice Act of 1987. Reorganizes the Act by adding titles and renumbering provisions. Replaces references to "supervising physicians" with references to "collaborating physicians" throughout the Act. Replaces references to "supervision agreement" with references to "collaborative agreement" throughout the Act. Adds provisions concerning continuing education. In provisions concerning grounds for disciplinary action, provides that the Department of Financial and Professional Regulation may refuse to issue or renew a physician assistant license or discipline a licensee for willfully or negligently violating a patient's confidentiality, except as required by law, or failing to provide copies of medical records as required by law. Amends various Acts to conform references and terminology. Makes other changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0453 [SB1585 Detail]

Download: Illinois-2017-SB1585-Chaptered.html



Public Act 100-0453
SB1585 EnrolledLRB100 11277 SMS 21625 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.28 and by adding Section 4.38 as follows:
(5 ILCS 80/4.28)
Sec. 4.28. Acts repealed on January 1, 2018. The following
Acts are repealed on January 1, 2018:
The Illinois Petroleum Education and Marketing Act.
The Podiatric Medical Practice Act of 1987.
The Acupuncture Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Nurse Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Pharmacy Practice Act.
The Home Medical Equipment and Services Provider License
Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and Disciplinary
Act.
The Physician Assistant Practice Act of 1987.
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09.)
(5 ILCS 80/4.38 new)
Sec. 4.38. Act repealed on January 1, 2028. The following
Act is repealed on January 1, 2028:
The Physician Assistant Practice Act of 1987.
Section 7. The Medical Practice Act of 1987 is amended by
changing Section 54.5 as follows:
(225 ILCS 60/54.5)
(Section scheduled to be repealed on December 31, 2017)
Sec. 54.5. Physician delegation of authority to physician
assistants, advanced practice nurses, and prescribing
psychologists.
(a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to a
physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of 1987. A
physician licensed to practice medicine in all its branches may
enter into collaborative supervising physician agreements with
no more than 5 full-time equivalent physician assistants,
except in a hospital, hospital affiliate, or ambulatory
surgical treatment center as set forth by Section 7.7 of the
Physician Assistant Practice Act of 1987 as set forth in
subsection (a) of Section 7 of the Physician Assistant Practice
Act of 1987.
(b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with an
advanced practice nurse in accordance with the requirements of
the Nurse Practice Act. Collaboration is for the purpose of
providing medical consultation, and no employment relationship
is required. A written collaborative agreement shall conform to
the requirements of Section 65-35 of the Nurse Practice Act.
The written collaborative agreement shall be for services in
the same area of practice or specialty as the collaborating
physician in his or her clinical medical practice. A written
collaborative agreement shall be adequate with respect to
collaboration with advanced practice nurses if all of the
following apply:
(1) The agreement is written to promote the exercise of
professional judgment by the advanced practice nurse
commensurate with his or her education and experience.
(2) The advance practice nurse provides services based
upon a written collaborative agreement with the
collaborating physician, except as set forth in subsection
(b-5) of this Section. With respect to labor and delivery,
the collaborating physician must provide delivery services
in order to participate with a certified nurse midwife.
(3) Methods of communication are available with the
collaborating physician in person or through
telecommunications for consultation, collaboration, and
referral as needed to address patient care needs.
(b-5) An anesthesiologist or physician licensed to
practice medicine in all its branches may collaborate with a
certified registered nurse anesthetist in accordance with
Section 65-35 of the Nurse Practice Act for the provision of
anesthesia services. With respect to the provision of
anesthesia services, the collaborating anesthesiologist or
physician shall have training and experience in the delivery of
anesthesia services consistent with Department rules.
Collaboration shall be adequate if:
(1) an anesthesiologist or a physician participates in
the joint formulation and joint approval of orders or
guidelines and periodically reviews such orders and the
services provided patients under such orders; and
(2) for anesthesia services, the anesthesiologist or
physician participates through discussion of and agreement
with the anesthesia plan and is physically present and
available on the premises during the delivery of anesthesia
services for diagnosis, consultation, and treatment of
emergency medical conditions. Anesthesia services in a
hospital shall be conducted in accordance with Section 10.7
of the Hospital Licensing Act and in an ambulatory surgical
treatment center in accordance with Section 6.5 of the
Ambulatory Surgical Treatment Center Act.
(b-10) The anesthesiologist or operating physician must
agree with the anesthesia plan prior to the delivery of
services.
(c) The collaborating supervising physician shall have
access to the medical records of all patients attended by a
physician assistant. The collaborating physician shall have
access to the medical records of all patients attended to by an
advanced practice nurse.
(d) (Blank).
(e) A physician shall not be liable for the acts or
omissions of a prescribing psychologist, physician assistant,
or advanced practice nurse solely on the basis of having signed
a supervision agreement or guidelines or a collaborative
agreement, an order, a standing medical order, a standing
delegation order, or other order or guideline authorizing a
prescribing psychologist, physician assistant, or advanced
practice nurse to perform acts, unless the physician has reason
to believe the prescribing psychologist, physician assistant,
or advanced practice nurse lacked the competency to perform the
act or acts or commits willful and wanton misconduct.
(f) A collaborating physician may, but is not required to,
delegate prescriptive authority to an advanced practice nurse
as part of a written collaborative agreement, and the
delegation of prescriptive authority shall conform to the
requirements of Section 65-40 of the Nurse Practice Act.
(g) A collaborating supervising physician may, but is not
required to, delegate prescriptive authority to a physician
assistant as part of a written collaborative supervision
agreement, and the delegation of prescriptive authority shall
conform to the requirements of Section 7.5 of the Physician
Assistant Practice Act of 1987.
(h) (Blank).
(i) A collaborating physician shall delegate prescriptive
authority to a prescribing psychologist as part of a written
collaborative agreement, and the delegation of prescriptive
authority shall conform to the requirements of Section 4.3 of
the Clinical Psychologist Licensing Act.
(Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14;
99-173, eff. 7-29-15.)
Section 10. The Physician Assistant Practice Act of 1987 is
amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 7.5, 7.7, 9,
10, 10.5, 12, 13, 14.1, 16, 21, 22.2, 22.6, 22.7, 22.11, 22.14,
and 23 and by adding Sections 4.5, 5.3, 5.5, 11.5, and 22.17 as
follows:
(225 ILCS 95/1) (from Ch. 111, par. 4601)
(Section scheduled to be repealed on January 1, 2018)
Sec. 1. Legislative purpose. The practice as a physician
assistant in the State of Illinois is hereby declared to affect
the public health, safety and welfare and to be subject to
regulation and control in the public interest. The purpose and
legislative intent of this Act is to encourage and promote the
more effective utilization of the skills of physicians by
enabling them to delegate certain health tasks to physician
assistants where such delegation is consistent with the health
and welfare of the patient and is conducted at the direction of
and under the responsible supervision of the physician.
It is further declared to be a matter of public health and
concern that the practice as a physician assistant, as defined
in this Act, merit and receive the confidence of the public,
that only qualified persons be authorized to practice as a
physician assistant in the State of Illinois. This Act shall be
liberally construed to best carry out these subjects and
purposes.
(Source: P.A. 85-981.)
(225 ILCS 95/2) (from Ch. 111, par. 4602)
(Section scheduled to be repealed on January 1, 2018)
Sec. 2. Short title. This Act Article shall be known and
may be cited as the "Physician Assistant Practice Act of 1987".
(Source: P.A. 85-981.)
(225 ILCS 95/3) (from Ch. 111, par. 4603)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of
that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act that provides that at hearings the
licensee has the right to show compliance with all lawful
requirements for retention, continuation or renewal of the
license is specifically excluded. For the purposes of this Act
the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when
personally served, mailed to the address of record of the
applicant or licensee, or emailed to the email address of
record of the applicant or licensee last known address of a
party. The Secretary may adopt promulgate rules for the
administration and enforcement of this Act and may prescribe
forms to be issued in connection with this Act.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/4) (from Ch. 111, par. 4604)
(Section scheduled to be repealed on January 1, 2018)
Sec. 4. Definitions. In this Act:
1. "Department" means the Department of Financial and
Professional Regulation.
2. "Secretary" means the Secretary of Financial and
Professional Regulation.
3. "Physician assistant" means any person not holding an
active license or permit issued by the Department pursuant to
the Medical Practice Act of 1987 who has been certified as a
physician assistant by the National Commission on the
Certification of Physician Assistants or equivalent successor
agency and performs procedures in collaboration with under the
supervision of a physician as defined in this Act. A physician
assistant may perform such procedures within the specialty of
the collaborating supervising physician, except that such
physician shall exercise such direction, collaboration,
supervision and control over such physician assistants as will
assure that patients shall receive quality medical care.
Physician assistants shall be capable of performing a variety
of tasks within the specialty of medical care under the in
collaboration with supervision of a physician. Collaboration
with Supervision of the physician assistant shall not be
construed to necessarily require the personal presence of the
collaborating supervising physician at all times at the place
where services are rendered, as long as there is communication
available for consultation by radio, telephone or
telecommunications within established guidelines as determined
by the physician/physician assistant team. The collaborating
supervising physician may delegate tasks and duties to the
physician assistant. Delegated tasks or duties shall be
consistent with physician assistant education, training, and
experience. The delegated tasks or duties shall be specific to
the practice setting and shall be implemented and reviewed
under a written collaborative supervision agreement
established by the physician or physician/physician assistant
team. A physician assistant, acting as an agent of the
physician, shall be permitted to transmit the collaborating
supervising physician's orders as determined by the
institution's by-laws, policies, procedures, or job
description within which the physician/physician assistant
team practices. Physician assistants shall practice only in
accordance with a written collaborative supervision agreement.
Any person who holds an active license or permit issued
pursuant to the Medical Practice Act of 1987 shall have that
license automatically placed into inactive status upon
issuance of a physician assistant license. Any person who holds
an active license as a physician assistant who is issued a
license or permit pursuant to the Medical Practice Act of 1987
shall have his or her physician assistant license automatically
placed into inactive status.
3.5. "Physician assistant practice" means the performance
of procedures within the specialty of the collaborating
physician. Physician assistants shall be capable of performing
a variety of tasks within the specialty of medical care of the
collaborating physician. Collaboration with the physician
assistant shall not be construed to necessarily require the
personal presence of the collaborating physician at all times
at the place where services are rendered, as long as there is
communication available for consultation by radio, telephone,
telecommunications, or electronic communications. The
collaborating physician may delegate tasks and duties to the
physician assistant. Delegated tasks or duties shall be
consistent with physician assistant education, training, and
experience. The delegated tasks or duties shall be specific to
the practice setting and shall be implemented and reviewed
under a written collaborative agreement established by the
physician or physician/physician assistant team. A physician
assistant shall be permitted to transmit the collaborating
physician's orders as determined by the institution's bylaws,
policies, or procedures or the job description within which the
physician/physician assistant team practices. Physician
assistants shall practice only in accordance with a written
collaborative agreement, except as provided in Section 7.5 of
this Act.
4. "Board" means the Medical Licensing Board constituted
under the Medical Practice Act of 1987.
5. "Disciplinary Board" means the Medical Disciplinary
Board constituted under the Medical Practice Act of 1987.
6. "Physician" means, for purposes of this Act, a person
licensed to practice medicine in all of its branches under the
Medical Practice Act of 1987.
7. "Collaborating physician" means the physician who,
within his or her specialty and expertise, may delegate a
variety of tasks and procedures to the physician assistant.
Such tasks and procedures shall be delegated in accordance with
a written collaborative agreement. "Supervising Physician"
means, for the purposes of this Act, the primary supervising
physician of a physician assistant, who, within his specialty
and expertise may delegate a variety of tasks and procedures to
the physician assistant. Such tasks and procedures shall be
delegated in accordance with a written supervision agreement.
The supervising physician maintains the final responsibility
for the care of the patient and the performance of the
physician assistant.
8. (Blank). "Alternate supervising physician" means, for
the purpose of this Act, any physician designated by the
supervising physician to provide supervision in the event that
he or she is unable to provide that supervision. The Department
may further define "alternate supervising physician" by rule.
The alternate supervising physicians shall maintain all
the same responsibilities as the supervising physician.
Nothing in this Act shall be construed as relieving any
physician of the professional or legal responsibility for the
care and treatment of persons attended by him or by physician
assistants under his supervision. Nothing in this Act shall be
construed as to limit the reasonable number of alternate
supervising physicians, provided they are designated by the
supervising physician.
9. "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
such changes must be made either through the Department's
website or by contacting the Department's licensure
maintenance unit.
10. "Hospital affiliate" means a corporation, partnership,
joint venture, limited liability company, or similar
organization, other than a hospital, that is devoted primarily
to the provision, management, or support of health care
services and that directly or indirectly controls, is
controlled by, or is under common control of the hospital. For
the purposes of this definition, "control" means having at
least an equal or a majority ownership or membership interest.
A hospital affiliate shall be 100% owned or controlled by any
combination of hospitals, their parent corporations, or
physicians licensed to practice medicine in all its branches in
Illinois. "Hospital affiliate" does not include a health
maintenance organization regulated under the Health
Maintenance Organization Act.
11. "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
(Source: P.A. 99-330, eff. 1-1-16.)
(225 ILCS 95/4.5 new)
Sec. 4.5. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 95/5) (from Ch. 111, par. 4605)
(Section scheduled to be repealed on January 1, 2018)
Sec. 5. Applicability. This Act does not prohibit:
(1) any 1. Any person licensed in this State under any
other Act from engaging in the practice for which he is
licensed;
(2) the 2. The practice as a physician assistant by a
person who is employed by the United States government or
any bureau, division or agency thereof while in the
discharge of the employee's official duties;
(3) the 3. The practice as a physician assistant which
is included in their program of study by students enrolled
in schools or in refresher courses approved by the
Department.
4. The practice, services, or activities of persons
practicing the specified occupations set forth in
subsection (a) of, and pursuant to a licensing exemption
granted in subsection (b) or (d) of, Section 2105-350 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois, but only for so long as
the 2016 Olympic and Paralympic Games Professional
Licensure Exemption Law is operable.
(Source: P.A. 96-7, eff. 4-3-09.)
(225 ILCS 95/5.3 new)
Sec. 5.3. Advertising.
(a) As used in this Section, "advertise" means solicitation
by the licensee or through another person or entity by means of
hand bills, posters, circulars, motion pictures, radio,
newspapers, or television or any other manner.
(b) A person licensed under this Act as a physician
assistant may advertise the availability of professional
services in the public media or on the premises where the
professional services are rendered. The advertising is limited
to the following information:
(1) publication of the person's name, title, office
hours, address, and telephone number;
(2) information pertaining to the person's areas of
specialization, including, but not limited to, appropriate
board certification or limitation of professional
practice;
(3) publication of the person's collaborating
physician's name, title, and areas of specialization;
(4) information on usual and customary fees for routine
professional services offered, which shall include
notification that fees may be adjusted due to complications
or unforeseen circumstances;
(5) announcements of the opening of, change of, absence
from, or return to business;
(6) announcements of additions to or deletions from
professional licensed staff; and
(7) the issuance of business or appointment cards.
(c) It is unlawful for a person licensed under this Act as
a physician assistant to use claims of superior quality of care
to entice the public. It is unlawful to advertise fee
comparisons of available services with those of other licensed
persons.
(d) This Section does not authorize the advertising of
professional services that the offeror of the services is not
licensed or authorized to render. The advertiser shall not use
statements that contain false, fraudulent, deceptive, or
misleading material or guarantees of success, statements that
play upon the vanity or fears of the public, or statements that
promote or produce unfair competition.
(e) It is unlawful and punishable under the penalty
provisions of this Act for a person licensed under this Act to
knowingly advertise that the licensee will accept as payment
for services rendered by assignment from any third-party payor
the amount the third-party payor covers as payment in full if
the effect is to give the impression of eliminating the need of
payment by the patient of any required deductible or copayment
applicable in the patient's health benefit plan.
(f) A licensee shall include in every advertisement for
services regulated under this Act his or her title as it
appears on the license or the initials authorized under this
Act.
(225 ILCS 95/5.5 new)
Sec. 5.5. Billing. A physician assistant shall not be
allowed to personally bill patients or in any way charge for
services. The employer of a physician assistant may charge for
services rendered by the physician assistant. All claims for
services rendered by the physician assistant shall be submitted
using the physician assistant's national provider
identification number as the billing provider whenever
appropriate. Payment for services rendered by a physician
assistant shall be made to his or her employer if the payor
would have made payment had the services been provided by a
physician licensed to provide medicine in all of its branches.
(225 ILCS 95/6) (from Ch. 111, par. 4606)
(Section scheduled to be repealed on January 1, 2018)
Sec. 6. Physician assistant title Title; advertising
billing.
(a) No physician assistant shall use the title of doctor,
physician, or associate with his or her name or any other term
that would indicate to other persons that he or she is
qualified to engage in the general practice of medicine.
(b) A physician assistant shall verbally identify himself
or herself as a physician assistant, including specialty
certification, to each patient.
(c) Nothing in this Act shall be construed to relieve a
physician assistant of the professional or legal
responsibility for the care and treatment of persons attended
by him or her.
(b) A licensee shall include in every advertisement for
services regulated under this Act his or her title as it
appears on the license or the initials authorized under this
Act.
(c) A physician assistant shall not be allowed to bill
patients or in any way to charge for services. Nothing in this
Act, however, shall be so construed as to prevent the employer
of a physician assistant from charging for services rendered by
the physician assistant. Payment for services rendered by a
physician assistant shall be made to his or her employer if the
payor would have made payment had the services been provided by
a physician licensed to practice medicine in all its branches.
(d) The collaborating supervising physician shall file
with the Department notice of employment, discharge, or
collaboration with supervisory control of a physician
assistant at the time of employment, discharge, or assumption
of collaboration with supervisory control of a physician
assistant.
(Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
90-655, eff. 7-30-98; 91-310, eff. 1-1-00.)
(225 ILCS 95/7) (from Ch. 111, par. 4607)
(Section scheduled to be repealed on January 1, 2018)
Sec. 7. Collaboration Supervision requirements.
(a) A collaborating supervising physician shall determine
the number of physician assistants to collaborate with, under
his or her supervision provided the physician is able to
provide adequate collaboration supervision as outlined in the
written collaborative supervision agreement required under
Section 7.5 of this Act and consideration is given to the
nature of the physician's practice, complexity of the patient
population, and the experience of each supervised physician
assistant. A collaborating physician may collaborate with a
maximum of 5 full-time equivalent physician assistants. As used
in this Section, "full-time equivalent" means the equivalent of
40 hours per week per individual. Physicians and physician
assistants who work in a hospital, hospital affiliate, or
ambulatory surgical treatment center as defined by Section 7.7
of this Act are exempt from the collaborative ratio restriction
requirements of this Section. A supervising physician may
supervise a maximum of 5 full-time equivalent physician
assistants; provided, however, this number of physician
assistants shall be reduced by the number of collaborative
agreements the supervising physician maintains. A physician
assistant shall be able to hold more than one professional
position. A collaborating supervising physician shall file a
notice of collaboration supervision of each physician
assistant according to the rules of the Department. It is the
responsibility of the supervising physician to maintain
documentation each time he or she has designated an alternative
supervising physician. This documentation shall include the
date alternate supervisory control began, the date alternate
supervisory control ended, and any other changes. A supervising
physician shall provide a copy of this documentation to the
Department, upon request.
Physician assistants shall collaborate be supervised only
with by physicians as defined in this Act who are engaged in
clinical practice, or in clinical practice in public health or
other community health facilities.
Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a nurse or
other appropriately trained personnel.
Nothing in this Act shall be construed to prohibit the
employment of physician assistants by a hospital, nursing home
or other health care facility where such physician assistants
function under a collaborating the supervision of a supervising
physician.
A physician assistant may be employed by a practice group
or other entity employing multiple physicians at one or more
locations. In that case, one of the physicians practicing at a
location shall be designated the collaborating supervising
physician. The other physicians with that practice group or
other entity who practice in the same general type of practice
or specialty as the collaborating supervising physician may
collaborate with supervise the physician assistant with
respect to their patients without being deemed alternate
supervising physicians for the purpose of this Act.
(b) A physician assistant licensed in this State, or
licensed or authorized to practice in any other U.S.
jurisdiction or credentialed by his or her federal employer as
a physician assistant, who is responding to a need for medical
care created by an emergency or by a state or local disaster
may render such care that the physician assistant is able to
provide without collaboration supervision as it is defined in
this Section or with such collaboration supervision as is
available. For purposes of this Section, an "emergency
situation" shall not include one that occurs in the place of
one's employment.
Any physician who collaborates with supervises a physician
assistant providing medical care in response to such an
emergency or state or local disaster shall not be required to
meet the requirements set forth in this Section for a
collaborating supervising physician.
(Source: P.A. 96-70, eff. 7-23-09; 97-1071, eff. 8-24-12.)
(225 ILCS 95/7.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 7.5. Written collaborative Prescriptions; written
supervision agreements; prescriptive authority.
(a) A written collaborative supervision agreement is
required for all physician assistants to practice in the State,
except as provided in Section 7.7 of this Act.
(1) A written collaborative supervision agreement
shall describe the working relationship of the physician
assistant with the collaborating supervising physician and
shall describe authorize the categories of care,
treatment, or procedures to be provided performed by the
physician assistant. The written collaborative supervision
agreement shall promote the exercise of professional
judgment by the physician assistant commensurate with his
or her education and experience. The services to be
provided by the physician assistant shall be services that
the collaborating supervising physician is authorized to
and generally provides to his or her patients in the normal
course of his or her clinical medical practice. The written
collaborative supervision agreement need not describe the
exact steps that a physician assistant must take with
respect to each specific condition, disease, or symptom but
must specify which authorized procedures require the
presence of the collaborating supervising physician as the
procedures are being performed. The supervision
relationship under a written collaborative supervision
agreement shall not be construed to require the personal
presence of a physician at the place where services are
rendered. Methods of communication shall be available for
consultation with the collaborating supervising physician
in person or by telecommunications or electronic
communications in accordance with established written
guidelines as set forth in the written collaborative
supervision agreement. For the purposes of this Act,
"generally provides to his or her patients in the normal
course of his or her clinical medical practice" means
services, not specific tasks or duties, the collaborating
supervising physician routinely provides individually or
through delegation to other persons so that the physician
has the experience and ability to collaborate and provide
supervision and consultation.
(2) The written collaborative supervision agreement
shall be adequate if a physician does each of the
following:
(A) Participates in the joint formulation and
joint approval of orders or guidelines with the
physician assistant and he or she periodically reviews
such orders and the services provided patients under
such orders in accordance with accepted standards of
medical practice and physician assistant practice.
(B) Provides supervision and consultation at least
once a month.
(3) A copy of the signed, written collaborative
supervision agreement must be available to the Department
upon request from both the physician assistant and the
collaborating supervising physician.
(4) A physician assistant shall inform each
collaborating supervising physician of all written
collaborative supervision agreements he or she has signed
and provide a copy of these to any collaborating
supervising physician upon request.
(b) A collaborating supervising physician may, but is not
required to, delegate prescriptive authority to a physician
assistant as part of a written collaborative supervision
agreement. This authority may, but is not required to, include
prescription of, selection of, orders for, administration of,
storage of, acceptance of samples of, and dispensing medical
devices, over the counter medications, legend drugs, medical
gases, and controlled substances categorized as Schedule II III
through V controlled substances, as defined in Article II of
the Illinois Controlled Substances Act, and other
preparations, including, but not limited to, botanical and
herbal remedies. The collaborating supervising physician must
have a valid, current Illinois controlled substance license and
federal registration with the Drug Enforcement Agency to
delegate the authority to prescribe controlled substances.
(1) To prescribe Schedule II, III, IV, or V controlled
substances under this Section, a physician assistant must
obtain a mid-level practitioner controlled substances
license. Medication orders issued by a physician assistant
shall be reviewed periodically by the collaborating
supervising physician.
(2) The collaborating supervising physician shall file
with the Department notice of delegation of prescriptive
authority to a physician assistant and termination of
delegation, specifying the authority delegated or
terminated. Upon receipt of this notice delegating
authority to prescribe Schedule III, IV, or V controlled
substances, the physician assistant shall be eligible to
register for a mid-level practitioner controlled
substances license under Section 303.05 of the Illinois
Controlled Substances Act. Nothing in this Act shall be
construed to limit the delegation of tasks or duties by the
collaborating supervising physician to a nurse or other
appropriately trained persons in accordance with Section
54.2 of the Medical Practice Act of 1987.
(3) In addition to the requirements of this subsection
(b) of this Section, a collaborating supervising physician
may, but is not required to, delegate authority to a
physician assistant to prescribe Schedule II controlled
substances, if all of the following conditions apply:
(A) Specific Schedule II controlled substances by
oral dosage or topical or transdermal application may
be delegated, provided that the delegated Schedule II
controlled substances are routinely prescribed by the
collaborating supervising physician. This delegation
must identify the specific Schedule II controlled
substances by either brand name or generic name.
Schedule II controlled substances to be delivered by
injection or other route of administration may not be
delegated.
(B) (Blank). Any delegation must be controlled
substances that the supervising physician prescribes.
(C) Any prescription must be limited to no more
than a 30-day supply, with any continuation authorized
only after prior approval of the collaborating
supervising physician.
(D) The physician assistant must discuss the
condition of any patients for whom a controlled
substance is prescribed monthly with the collaborating
supervising physician.
(E) The physician assistant meets the education
requirements of Section 303.05 of the Illinois
Controlled Substances Act.
(c) Nothing in this Act shall be construed to limit the
delegation of tasks or duties by a physician to a licensed
practical nurse, a registered professional nurse, or other
persons. Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
Nothing in this Act shall be construed to authorize a physician
assistant to provide health care services required by law or
rule to be performed by a physician.
(c-5) Nothing in this Section shall be construed to apply
to any medication authority, including Schedule II controlled
substances of a licensed physician assistant for care provided
in a hospital, hospital affiliate, or ambulatory surgical
treatment center pursuant to Section 7.7 of this Act.
(d) (Blank). Any physician assistant who writes a
prescription for a controlled substance without having a valid
appropriate authority may be fined by the Department not more
than $50 per prescription, and the Department may take any
other disciplinary action provided for in this Act.
(e) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 96-268, eff. 8-11-09; 96-618, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-358, eff. 8-12-11.)
(225 ILCS 95/7.7)
(Section scheduled to be repealed on January 1, 2018)
Sec. 7.7. Physician assistants in hospitals, hospital
affiliates, or ambulatory surgical treatment centers.
(a) A physician assistant may provide services in a
hospital or a hospital affiliate as those terms are defined in
the Hospital Licensing Act, a hospital affiliate as defined in
or the University of Illinois Hospital Act, or a licensed
ambulatory surgical treatment center as defined in the
Ambulatory Surgical Treatment Center Act without a written
collaborative supervision agreement pursuant to Section 7.5 of
this Act. A physician assistant must possess clinical
privileges recommended by the hospital medical staff and
granted by the hospital or the consulting medical staff
committee and ambulatory surgical treatment center in order to
provide services. The medical staff or consulting medical staff
committee shall periodically review the services of physician
assistants granted clinical privileges, including any care
provided in a hospital affiliate. Authority may also be granted
when recommended by the hospital medical staff and granted by
the hospital or recommended by the consulting medical staff
committee and ambulatory surgical treatment center to
individual physician assistants to select, order, and
administer medications, including controlled substances, to
provide delineated care. In a hospital, hospital affiliate, or
ambulatory surgical treatment center, the attending physician
shall determine a physician assistant's role in providing care
for his or her patients, except as otherwise provided in the
medical staff bylaws or consulting committee policies.
(a-5) Physician assistants practicing in a hospital
affiliate may be, but are not required to be, granted authority
to prescribe Schedule II through V controlled substances when
such authority is recommended by the appropriate physician
committee of the hospital affiliate and granted by the hospital
affiliate. This authority may, but is not required to, include
prescription of, selection of, orders for, administration of,
storage of, acceptance of samples of, and dispensing
over-the-counter medications, legend drugs, medical gases, and
controlled substances categorized as Schedule II through V
controlled substances, as defined in Article II of the Illinois
Controlled Substances Act, and other preparations, including,
but not limited to, botanical and herbal remedies.
To prescribe controlled substances under this subsection
(a-5), a physician assistant must obtain a mid-level
practitioner controlled substance license. Medication orders
shall be reviewed periodically by the appropriate hospital
affiliate physicians committee or its physician designee.
The hospital affiliate shall file with the Department
notice of a grant of prescriptive authority consistent with
this subsection (a-5) and termination of such a grant of
authority in accordance with rules of the Department. Upon
receipt of this notice of grant of authority to prescribe any
Schedule II through V controlled substances, the licensed
physician assistant may register for a mid-level practitioner
controlled substance license under Section 303.05 of the
Illinois Controlled Substances Act.
In addition, a hospital affiliate may, but is not required
to, grant authority to a physician assistant to prescribe any
Schedule II controlled substances if all of the following
conditions apply:
(1) specific Schedule II controlled substances by oral
dosage or topical or transdermal application may be
designated, provided that the designated Schedule II
controlled substances are routinely prescribed by
physician assistants in their area of certification; this
grant of authority must identify the specific Schedule II
controlled substances by either brand name or generic name;
authority to prescribe or dispense Schedule II controlled
substances to be delivered by injection or other route of
administration may not be granted;
(2) any grant of authority must be controlled
substances limited to the practice of the physician
assistant;
(3) any prescription must be limited to no more than a
30-day supply;
(4) the physician assistant must discuss the condition
of any patients for whom a controlled substance is
prescribed monthly with the appropriate physician
committee of the hospital affiliate or its physician
designee; and
(5) the physician assistant must meet the education
requirements of Section 303.05 of the Illinois Controlled
Substances Act.
(b) A physician assistant granted authority to order
medications including controlled substances may complete
discharge prescriptions provided the prescription is in the
name of the physician assistant and the attending or
discharging physician.
(c) Physician assistants practicing in a hospital,
hospital affiliate, or an ambulatory surgical treatment center
are not required to obtain a mid-level controlled substance
license to order controlled substances under Section 303.05 of
the Illinois Controlled Substances Act.
(Source: P.A. 97-1071, eff. 8-24-12.)
(225 ILCS 95/9) (from Ch. 111, par. 4609)
(Section scheduled to be repealed on January 1, 2018)
Sec. 9. Application for licensure. Applications for
original licenses shall be made to the Department in writing on
forms or electronically as prescribed by the Department and
shall be accompanied by the required fee, which shall not be
refundable. An application shall require information that in
the judgment of the Department will enable the Department to
pass on the qualifications of the applicant for a license. An
application shall include evidence of passage of the
examination of the National Commission on the Certification of
Physician Assistants, or its successor agency, and proof that
the applicant holds a valid certificate issued by that
Commission.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
shall be forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 95/10) (from Ch. 111, par. 4610)
(Section scheduled to be repealed on January 1, 2018)
Sec. 10. Identification. No person shall use the title
"physician or perform the duties of "Physician assistant"
unless he or she holds is a qualified holder of a valid license
issued by the Department as provided in this Act. A physician
assistant shall wear on his or her person a visible
identification indicating that he or she is certified as a
physician assistant while acting in the course of his or her
duties.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 95/10.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 10.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as a physician's
assistant without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $10,000
for each offense as determined by the Department. The civil
penalty shall be assessed by the Department after a hearing is
held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a
licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(b-5) No person shall use any words, abbreviations,
figures, letters, title, sign, card, or device tending to imply
that he or she is a physician assistant, including, but not
limited to, using the titles or initials "Physician Assistant"
or "PA", or similar titles or initials, with the intention of
indicating practice as a physician assistant without meeting
the requirements of this Act.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/11.5 new)
Sec. 11.5. Continuing education. The Department shall
adopt rules for continuing education for persons licensed under
this Act that require 50 hours of continuing education per
2-year license renewal cycle. Completion of the 50 hours of
continuing education shall be deemed to satisfy the continuing
education requirements for renewal of a physician assistant
license as required by this Act. The rules shall not be
inconsistent with requirements of relevant national certifying
bodies or State or national professional associations. The
rules shall also address variances in part or in whole for good
cause, including, but not limited to, illness or hardship. The
continuing education rules shall ensure that licensees are
given the opportunity to participate in programs sponsored by
or through their State or national professional associations,
hospitals, or other providers of continuing education. Each
licensee is responsible for maintaining records of completion
of continuing education and shall be prepared to produce the
records when requested by the Department.
(225 ILCS 95/12) (from Ch. 111, par. 4612)
(Section scheduled to be repealed on January 1, 2018)
Sec. 12. A person shall be qualified for licensure as a
physician assistant and the Department may issue a physician
assistant license to a person who:
1. has Has applied in writing or electronically in form
and substance satisfactory to the Department and has not
violated any of the provisions of Section 21 of this Act or
the rules adopted under this Act promulgated hereunder. The
Department may take into consideration any felony
conviction of the applicant but such conviction shall not
operate as an absolute bar to licensure;
2. has Has successfully completed the examination
provided by the National Commission on the Certification of
Physician Assistants Physician's Assistant or its
successor agency;
3. holds Holds a certificate issued by the National
Commission on the Certification of Physician Assistants or
an equivalent successor agency; and
4. complies Complies with all applicable rules of the
Department.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/13) (from Ch. 111, par. 4613)
(Section scheduled to be repealed on January 1, 2018)
Sec. 13. Department powers and duties.
(a) Subject to the provisions of this Act, the Department
shall:
(1) adopt 1. Promulgate rules approved by the Board
setting forth standards to be met by a school or
institution offering a course of training for physician
assistants prior to approval of such school or
institution; .
(2) adopt 2. Promulgate rules approved by the Board
setting forth uniform and reasonable standards of
instruction to be met prior to approval of such course of
institution for physician assistants; and .
(3) determine 3. Determine the reputability and good
standing of such schools or institutions and their course
of instruction for physician assistants by reference to
compliance with such rules, provided that no school of
physician assistants that refuses admittance to applicants
solely on account of race, color, sex, or creed shall be
considered reputable and in good standing.
(b) No rule shall be adopted under this Act which allows a
physician assistant to perform any act, task, or function
primarily performed in the lawful practice of optometry under
the Illinois Optometric Practice Act of 1987.
(c) All rules shall be submitted to the Board for review
and the Department shall consider any comments provided by the
Board.
(Source: P.A. 85-1440.)
(225 ILCS 95/14.1)
(Section scheduled to be repealed on January 1, 2018)
Sec. 14.1. Fees.
(a) Fees collected for the administration of this Act shall
be set by the Department by rule. All fees are nonrefundable
not refundable.
(b) (Blank).
(c) All moneys collected under this Act by the Department
shall be deposited in the Illinois State Medical Disciplinary
Fund in the State Treasury and used (1) in the exercise of its
powers and performance of its duties under this Act, as such
use is made by the Department; (2) for costs directly related
to licensing and license renewal of persons licensed under this
Act; and (3) for costs related to the public purposes of the
Department.
All earnings received from investment of moneys in the
Illinois State Medical Disciplinary Fund shall be deposited
into the Illinois State Medical Disciplinary Fund and shall be
used for the same purposes as fees deposited in the Fund.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/16) (from Ch. 111, par. 4616)
(Section scheduled to be repealed on January 1, 2018)
Sec. 16. Expiration; renewal. The expiration date and
renewal period for each license issued under this Act shall be
set by rule. Renewal shall be conditioned on paying the
required fee and by meeting such other requirements as may be
established by rule. The certification as a physician assistant
by the National Commission on Certification of Physician
Assistants or an equivalent successor agency is not required
for renewal of a license under this Act.
Any physician assistant who has permitted his or her
license to expire or who has had his or her license on inactive
status may have the license restored by making application to
the Department and filing proof acceptable to the Department of
his or her fitness to have the license restored, and by paying
the required fees. Proof of fitness may include sworn evidence
certifying to active lawful practice in another jurisdiction.
If the physician assistant has not maintained an active
practice in another jurisdiction satisfactory to the
Department, the Department shall determine, by an evaluation
program established by rule, his or her fitness for restoration
of the license and shall establish procedures and requirements
for such restoration.
However, any physician assistant whose license expired
while he or she was (1) in federal service on active duty with
the Armed Forces of the United States, or the State Militia
called into service or training, or (2) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
the license restored without paying any lapsed renewal fees if
within 2 years after honorable termination of such service,
training, or education he or she furnishes the Department with
satisfactory evidence to the effect that he or she has been so
engaged and that his or her service, training, or education has
been so terminated.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 95/21) (from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2018)
Sec. 21. Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, censure or reprimand, or
take other disciplinary or non-disciplinary action with regard
to any license issued under this Act as the Department may deem
proper, including the issuance of fines not to exceed $10,000
for each violation, for any one or combination of the following
causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, or the rules adopted under
this Act.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is: (i) a felony; or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession. Conviction of or entry of a plea of guilty
or nolo contendere to any crime that is a felony under the
laws of the United States or any state or territory thereof
or that is a misdemeanor of which an essential element is
dishonesty or that is directly related to the practice of
the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating any
provision of this Act or its rules.
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct, as defined by rule, of a character
likely to deceive, defraud, or harm the public.
(9) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a physician assistant's inability to
practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for
discipline is the same or substantially equivalent to those
set forth in this Section.
(11) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this paragraph (11) affects any bona
fide independent contractor or employment arrangements,
which may include provisions for compensation, health
insurance, pension, or other employment benefits, with
persons or entities authorized under this Act for the
provision of services within the scope of the licensee's
practice under this Act.
(12) A finding by the Disciplinary Board that the
licensee, after having his or her license placed on
probationary status has violated the terms of probation.
(13) Abandonment of a patient.
(14) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with state agencies or departments.
(15) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(16) Physical illness, or mental illness or impairment
that results in the inability to practice the profession
with reasonable judgment, skill, or safety, including, but
not limited to, deterioration through the aging process or
loss of motor skill.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(18) (Blank).
(19) Gross negligence resulting in permanent injury or
death of a patient.
(20) Employment of fraud, deception or any unlawful
means in applying for or securing a license as a physician
assistant.
(21) Exceeding the authority delegated to him or her by
his or her collaborating supervising physician in a written
collaborative supervision agreement.
(22) Immoral conduct in the commission of any act, such
as sexual abuse, sexual misconduct, or sexual exploitation
related to the licensee's practice.
(23) Violation of the Health Care Worker Self-Referral
Act.
(24) Practicing under a false or assumed name, except
as provided by law.
(25) Making a false or misleading statement regarding
his or her skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by him or her in the course
of treatment.
(26) Allowing another person to use his or her license
to practice.
(27) Prescribing, selling, administering,
distributing, giving, or self-administering a drug
classified as a controlled substance (designated product)
or narcotic for other than medically-accepted therapeutic
purposes.
(28) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in a manner to
exploit the patient for financial gain.
(29) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(30) Violating State or federal laws or regulations
relating to controlled substances or other legend drugs or
ephedra as defined in the Ephedra Prohibition Act.
(31) Exceeding the prescriptive authority delegated by
the collaborating supervising physician or violating the
written collaborative supervision agreement delegating
that authority.
(32) Practicing without providing to the Department a
notice of collaboration supervision or delegation of
prescriptive authority.
(33) Failure to establish and maintain records of
patient care and treatment as required by law.
(34) Attempting to subvert or cheat on the examination
of the National Commission on Certification of Physician
Assistants or its successor agency.
(35) Willfully or negligently violating the
confidentiality between physician assistant and patient,
except as required by law.
(36) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(37) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective Services
Act and upon proof by clear and convincing evidence that
the licensee abused, neglected, or financially exploited
an eligible adult as defined in the Adult Protective
Services Act.
(38) Failure to report to the Department an adverse
final action taken against him or her by another licensing
jurisdiction of the United States or a foreign state or
country, a peer review body, a health care institution, a
professional society or association, a governmental
agency, a law enforcement agency, or a court acts or
conduct similar to acts or conduct that would constitute
grounds for action under this Section.
(39) Failure to provide copies of records of patient
care or treatment, except as required by law.
(b) The Department may, without a hearing, refuse to issue
or renew or may suspend the license of any person who fails to
file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered by
the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and issues an order so finding and discharging the patient, and
upon the recommendation of the Disciplinary Board to the
Secretary that the licensee be allowed to resume his or her
practice.
(d) In enforcing this Section, the Department upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to submit
to an examination pursuant to this Section to submit to any
additional supplemental testing deemed necessary to complete
any examination or evaluation process, including, but not
limited to, blood testing, urinalysis, psychological testing,
or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
The Department may order the examining physician or any
member of the multidisciplinary team to present testimony
concerning the mental or physical examination of the licensee
or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for the
examining physician or any member of the multidisciplinary team
to provide information, reports, records, or other documents or
to provide any testimony regarding the examination and
evaluation. The examining physicians shall be specifically
designated by the Department.
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered directed, shall result in an
automatic be grounds for suspension of his or her license until
the individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice; or, in
lieu of care, counseling, or treatment, the Department may file
a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual. An individual whose
license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions,
or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the Secretary
for a determination as to whether the individual shall have his
or her license suspended immediately, pending a hearing by the
Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(e) An individual or organization acting in good faith, and
not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board, shall not be
subject to criminal prosecution or civil damages as a result of
such actions.
(f) Members of the Board and the Disciplinary Board shall
be indemnified by the State for any actions occurring within
the scope of services on the Disciplinary Board or Board, done
in good faith and not willful and wanton in nature. The
Attorney General shall defend all such actions unless he or she
determines either that there would be a conflict of interest in
such representation or that the actions complained of were not
in good faith or were willful and wanton.
If the Attorney General declines representation, the
member has the right to employ counsel of his or her choice,
whose fees shall be provided by the State, after approval by
the Attorney General, unless there is a determination by a
court that the member's actions were not in good faith or were
willful and wanton.
The member must notify the Attorney General within 7 days
after receipt of notice of the initiation of any action
involving services of the Disciplinary Board. Failure to so
notify the Attorney General constitutes an absolute waiver of
the right to a defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09;
96-1482, eff. 11-29-10.)
(225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22.2. Investigation; notice; hearing. The Department
may investigate the actions of any applicant or of any person
or persons holding or claiming to hold a license. The
Department shall, before suspending, revoking, placing on
probationary status, or taking any other disciplinary action as
the Department may deem proper with regard to any license, at
least 30 days prior to the date set for the hearing, notify the
applicant or licensee in writing of any charges made and the
time and place for a hearing of the charges before the
Disciplinary Board, direct him or her to file his or her
written answer thereto to the Disciplinary Board under oath
within 20 days after the service on him or her of such notice
and inform him or her that if he or she fails to file such
answer default will be taken against him or her and his or her
license may be suspended, revoked, placed on probationary
status, or have other disciplinary action, including limiting
the scope, nature or extent of his or her practice, as the
Department may deem proper taken with regard thereto. Written
or electronic notice may be served by personal delivery, email,
or certified or registered mail to the applicant or licensee at
his or her last address of record or email address of record
with the Department. At the time and place fixed in the notice,
the Department shall proceed to hear the charges and the
parties or their counsel shall be accorded ample opportunity to
present such statements, testimony, evidence, and argument as
may be pertinent to the charges or to the defense thereto. The
Department may continue such hearing from time to time. In case
the applicant or licensee, after receiving notice, fails to
file an answer, his or her license may in the discretion of the
Secretary, having received first the recommendation of the
Disciplinary Board, be suspended, revoked, placed on
probationary status, or the Secretary may take whatever
disciplinary action as he or she may deem proper, including
limiting the scope, nature, or extent of such person's
practice, without a hearing, if the act or acts charged
constitute sufficient grounds for such action under this Act.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/22.6) (from Ch. 111, par. 4622.6)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22.6. At the conclusion of the hearing, the
Disciplinary Board shall present to the Secretary a written
report of its findings of fact, conclusions of law, and
recommendations. The report shall contain a finding whether or
not the accused person violated this Act or failed to comply
with the conditions required in this Act. The Disciplinary
Board shall specify the nature of the violation or failure to
comply, and shall make its recommendations to the Secretary.
The report of findings of fact, conclusions of law, and
recommendation of the Disciplinary Board shall be the basis for
the Department's order or refusal or for the granting of a
license or permit. If the Secretary disagrees in any regard
with the report of the Disciplinary Board, the Secretary may
issue an order in contravention thereof. The Secretary shall
provide a written report to the Disciplinary Board on any
deviation, and shall specify with particularity the reasons for
such action in the final order. The finding is not admissible
in evidence against the person in a criminal prosecution
brought for the violation of this Act, but the hearing and
finding are not a bar to a criminal prosecution brought for the
violation of this Act.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22.7. Hearing officer. Notwithstanding the provisions
of Section 22.2 of this Act, the Secretary shall have the
authority to appoint any attorney duly licensed to practice law
in the State of Illinois to serve as the hearing officer in any
action for refusal to issue or renew, or for discipline of, a
license. The Secretary shall notify the Disciplinary Board of
any such appointment. The hearing officer shall have full
authority to conduct the hearing. The hearing officer shall
report his or her findings of fact, conclusions of law, and
recommendations to the Disciplinary Board and the Secretary.
The Disciplinary Board shall have 60 days from receipt of the
report to review the report of the hearing officer and present
their findings of fact, conclusions of law, and recommendations
to the Secretary. If the Disciplinary Board fails to present
its report within the 60-day 60 day period, the respondent may
request in writing a direct appeal to the Secretary, in which
case the Secretary may shall, within 7 calendar days after the
request, issue an order directing the Disciplinary Board to
issue its findings of fact, conclusions of law, and
recommendations to the Secretary within 30 calendar days after
such order. If the Disciplinary Board fails to issue its
findings of fact, conclusions of law, and recommendations
within that time frame to the Secretary after the entry of such
order, the Secretary shall, within 30 calendar days thereafter,
issue an order based upon the report of the hearing officer and
the record of the proceedings or issue an order remanding the
matter back to the hearing officer for additional proceedings
in accordance with the order. If (i) a direct appeal is
requested, (ii) the Disciplinary Board fails to issue its
findings of fact, conclusions of law, and recommendations
within the 30-day mandate from the Secretary or the Secretary
fails to order the Disciplinary Board to do so, and (iii) the
Secretary fails to issue an order within 30 calendar days
thereafter, then the hearing officer's report is deemed
accepted and a final decision of the Secretary. Notwithstanding
any other provision of this Section, if the Secretary, upon
review, determines that substantial justice has not been done
in the revocation, suspension, or refusal to issue or renew a
license or other disciplinary action taken as the result of the
entry of the hearing officer's report, the Secretary may order
a rehearing by the same or other examiners. If the Secretary
disagrees in any regard with the report of the Disciplinary
Board or hearing officer, he or she may issue an order in
contravention thereof. The Secretary shall provide a written
explanation to the Disciplinary Board on any such deviation,
and shall specify with particularity the reasons for such
action in the final order.
(Source: P.A. 95-703, eff. 12-31-07.)
(225 ILCS 95/22.11) (from Ch. 111, par. 4622.11)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22.11. Restoration of license. At any time after the
successful completion of a term of probation, suspension, or
revocation of any license, the Department may restore it to the
licensee, unless after an investigation and a hearing, the
Department determines that restoration is not in the public
interest. Where circumstances of suspension or revocation so
indicate, the Department may require an examination of the
licensee prior to restoring his or her license. No person whose
license has been revoked as authorized in this Act may apply
for restoration of that license until such time as provided for
in the Civil Administrative Code of Illinois.
A license that has been suspended or revoked shall be
considered nonrenewed for purposes of restoration and a person
restoring his or her license from suspension or revocation must
comply with the requirements for restoration of a nonrenewed
license as set forth in Section 16 of this Act and any related
rules adopted.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 95/22.14) (from Ch. 111, par. 4622.14)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22.14. Administrative review; certification of
record.
(a) All final administrative decisions of the Department
are subject to judicial review pursuant to the provisions of
the "Administrative Review Law", and all rules adopted pursuant
thereto. The term "administrative decision" is defined as in
Section 3-101 of the "Code of Civil Procedure".
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides; but if the party is not a resident of this
State, venue shall be in Sangamon County.
(c) The Department shall not be required to certify any
record to the court, to file an answer in court, or to
otherwise appear in any court in a judicial review proceeding
unless and until the Department has received from the plaintiff
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Department. Exhibits
shall be certified without cost. Failure on the part of the
plaintiff to file a receipt in court is grounds for dismissal
of the action. During the pendency and hearing of any and all
judicial proceedings incident to the disciplinary action the
sanctions imposed upon the accused by the Department because of
acts or omissions related to the delivery of direct patient
care as specified in the Department's final administrative
decision, shall, as a matter of public policy, remain in full
force and effect in order to protect the public pending final
resolution of any of the proceedings.
(Source: P.A. 86-596.)
(225 ILCS 95/22.17 new)
Sec. 22.17. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department shall not disclose the
information to anyone other than law enforcement officials,
regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 95/23) (from Ch. 111, par. 4623)
(Section scheduled to be repealed on January 1, 2018)
Sec. 23. Home rule. It is declared to be the public policy
of this State, pursuant to paragraphs (h) and (i) of Section 6
of Article VII of the Illinois Constitution of 1970, that any
power or function set forth in this Act to be exercised by the
State is an exclusive State power or function. Such power or
function shall not be exercised concurrently, either directly
or indirectly, by any unit of local government, including home
rule units, except as otherwise provided in this Act.
(Source: P.A. 85-981.)
Section 15. The Illinois Public Aid Code is amended by
changing Section 5-8 as follows:
(305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
Sec. 5-8. Practitioners. In supplying medical assistance,
the Illinois Department may provide for the legally authorized
services of (i) persons licensed under the Medical Practice Act
of 1987, as amended, except as hereafter in this Section
stated, whether under a general or limited license, (ii)
persons licensed under the Nurse Practice Act as advanced
practice nurses, regardless of whether or not the persons have
written collaborative agreements, (iii) persons licensed or
registered under other laws of this State to provide dental,
medical, pharmaceutical, optometric, podiatric, or nursing
services, or other remedial care recognized under State law,
and (iv) persons licensed under other laws of this State as a
clinical social worker, and (v) persons licensed under other
laws of this State as physician assistants. The Department
shall adopt rules, no later than 90 days after the effective
date of this amendatory Act of the 99th General Assembly, for
the legally authorized services of persons licensed under other
laws of this State as a clinical social worker. The Department
may not provide for legally authorized services of any
physician who has been convicted of having performed an
abortion procedure in a wilful and wanton manner on a woman who
was not pregnant at the time such abortion procedure was
performed. The utilization of the services of persons engaged
in the treatment or care of the sick, which persons are not
required to be licensed or registered under the laws of this
State, is not prohibited by this Section.
(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17.)
Section 20. The Illinois Controlled Substances Act is
amended by changing Sections 102 and 303.05 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any drug,
chemical, substance or dangerous drug other than alcohol so as
to endanger the public morals, health, safety or welfare or who
is so far addicted to the use of a dangerous drug or controlled
substance other than alcohol as to have lost the power of self
control with reference to his or her addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by his
or her authorized agent),
(2) the patient or research subject pursuant to an
order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor,
dispenser, prescriber, or practitioner. It does not include a
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,
corticosteroids, and dehydroepiandrosterone), and includes:
(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-
hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5[alpha]
-androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane),
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane),
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),
(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services
for such administration, and which the person intends to
administer or have administered through such implants, shall
not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
who shall run the clinical aspects of the Department of Human
Services Prescription Monitoring Program and its Prescription
Information Library.
(d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule whether by transfer from
another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance,
immediate precursor, or synthetic drug in the Schedules of
Article II of this Act or (ii) a drug or other substance, or
immediate precursor, designated as a controlled substance by
the Department through administrative rule. The term does not
include distilled spirits, wine, malt beverages, or tobacco, as
those terms are defined or used in the Liquor Control Act of
1934 and the Tobacco Products Tax Act of 1995.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled substance
in Schedule I or II;
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or
II; or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
(g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall
depression of central nervous system functions, (ii) causes
impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to alcohol, cannabis and its active principles
and their analogs, benzodiazepines and their analogs,
barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar
sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
(t-3) "Electronic health record" or "EHR" means an
electronic record of health-related information on an
individual that is created, gathered, managed, and consulted by
authorized health care clinicians and staff.
(t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the
purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) that are used
by a euthanasia agency for the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his or
her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the
dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any
type.
(u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to
a patient in a private residence, long-term care facility, or
hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the State Police of the
State of Illinois, or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled
substance;
(2) which is an immediate chemical intermediary used or
likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable person
to believe that the substance is a controlled substance, or (2)
is expressly or impliedly represented to be a controlled
substance or is distributed under circumstances which would
lead a reasonable person to believe that the substance is a
controlled substance. For the purpose of determining whether
the representations made or the circumstances of the
distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of
subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
(a) statements made by the owner or person in control
of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the
substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted distribution
included an exchange of or demand for money or other
property as consideration, and whether the amount of the
consideration was substantially greater than the
reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug or
drugs by any person registered pursuant to Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States that delivers,
dispenses or distributes, through the United States Postal
Service or other common carrier, to Illinois residents, any
substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
(1) by an ultimate user, the preparation or compounding
of a controlled substance for his or her own use; or
(2) by a practitioner, or his or her authorized agent
under his or her supervision, the preparation,
compounding, packaging, or labeling of a controlled
substance:
(a) as an incident to his or her administering or
dispensing of a controlled substance in the course of
his or her professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale.
(z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited
under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe through
a written delegation of authority by a physician licensed to
practice medicine in all of its branches, in accordance with
Section 7.5 of the Physician Assistant Practice Act of 1987,
(ii) an advanced practice nurse who has been delegated
authority to prescribe through a written delegation of
authority by a physician licensed to practice medicine in all
of its branches or by a podiatric physician, in accordance with
Section 65-40 of the Nurse Practice Act, (iii) an advanced
practice nurse certified as a nurse practitioner, nurse
midwife, or clinical nurse specialist who has been granted
authority to prescribe by a hospital affiliate in accordance
with Section 65-45 of the Nurse Practice Act, (iv) an animal
euthanasia agency, or (v) a prescribing psychologist.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible within
the specific chemical designation; however the term
"narcotic drug" does not include the isoquinoline
alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
coca leaves from which substantially all of the cocaine and
ecgonine, and their isomers, derivatives and salts, have
been removed;
(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;
(6) ecgonine, its derivatives, their salts, isomers,
and salts of isomers;
(7) any compound, mixture, or preparation which
contains any quantity of any of the substances referred to
in subparagraphs (1) through (6).
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a local
registered pharmacist or a registered assistant pharmacist
under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the Pharmacy
Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all
of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice nurse, licensed
practical nurse, registered nurse, hospital, laboratory, or
pharmacy, or other person licensed, registered, or otherwise
lawfully permitted by the United States or this State to
distribute, dispense, conduct research with respect to,
administer or use in teaching or chemical analysis, a
controlled substance in the course of professional practice or
research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance; the term does not mean a written
prescription that is individually generated by machine or
computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
prescribing psychologist licensed under Section 4.2 of the
Clinical Psychologist Licensing Act with prescriptive
authority delegated under Section 4.3 of the Clinical
Psychologist Licensing Act, podiatric physician, or
veterinarian who issues a prescription, a physician assistant
who issues a prescription for a controlled substance in
accordance with Section 303.05, a written delegation, and a
written collaborative supervision agreement required under
Section 7.5 of the Physician Assistant Practice Act of 1987, an
advanced practice nurse with prescriptive authority delegated
under Section 65-40 of the Nurse Practice Act and in accordance
with Section 303.05, a written delegation, and a written
collaborative agreement under Section 65-35 of the Nurse
Practice Act, or an advanced practice nurse certified as a
nurse practitioner, nurse midwife, or clinical nurse
specialist who has been granted authority to prescribe by a
hospital affiliate in accordance with Section 65-45 of the
Nurse Practice Act and in accordance with Section 303.05.
(nn) "Prescription" means a written, facsimile, or oral
order, or an electronic order that complies with applicable
federal requirements, of a physician licensed to practice
medicine in all its branches, dentist, podiatric physician or
veterinarian for any controlled substance, of an optometrist in
accordance with Section 15.1 of the Illinois Optometric
Practice Act of 1987, of a prescribing psychologist licensed
under Section 4.2 of the Clinical Psychologist Licensing Act
with prescriptive authority delegated under Section 4.3 of the
Clinical Psychologist Licensing Act, of a physician assistant
for a controlled substance in accordance with Section 303.05, a
written delegation, and a written collaborative supervision
agreement required under Section 7.5 of the Physician Assistant
Practice Act of 1987, of an advanced practice nurse with
prescriptive authority delegated under Section 65-40 of the
Nurse Practice Act who issues a prescription for a controlled
substance in accordance with Section 303.05, a written
delegation, and a written collaborative agreement under
Section 65-35 of the Nurse Practice Act, or of an advanced
practice nurse certified as a nurse practitioner, nurse
midwife, or clinical nurse specialist who has been granted
authority to prescribe by a hospital affiliate in accordance
with Section 65-45 of the Nurse Practice Act and in accordance
with Section 303.05 when required by law.
(nn-5) "Prescription Information Library" (PIL) means an
electronic library that contains reported controlled substance
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on
controlled substances and select drugs pursuant to Section 316.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(rr-5) "Stimulant" means any drug that (i) causes an
overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to amphetamines and their analogs,
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.
7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,
eff. 9-9-15; 99-642, eff. 7-28-16.)
(720 ILCS 570/303.05)
Sec. 303.05. Mid-level practitioner registration.
(a) The Department of Financial and Professional
Regulation shall register licensed physician assistants,
licensed advanced practice nurses, and prescribing
psychologists licensed under Section 4.2 of the Clinical
Psychologist Licensing Act to prescribe and dispense
controlled substances under Section 303 and euthanasia
agencies to purchase, store, or administer animal euthanasia
drugs under the following circumstances:
(1) with respect to physician assistants,
(A) the physician assistant has been delegated
written authority to prescribe any Schedule III
through V controlled substances by a physician
licensed to practice medicine in all its branches in
accordance with Section 7.5 of the Physician Assistant
Practice Act of 1987; and the physician assistant has
completed the appropriate application forms and has
paid the required fees as set by rule; or
(B) the physician assistant has been delegated
authority by a collaborating supervising physician
licensed to practice medicine in all its branches to
prescribe or dispense Schedule II controlled
substances through a written delegation of authority
and under the following conditions:
(i) Specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the
delegated Schedule II controlled substances are
routinely prescribed by the collaborating
supervising physician. This delegation must
identify the specific Schedule II controlled
substances by either brand name or generic name.
Schedule II controlled substances to be delivered
by injection or other route of administration may
not be delegated;
(ii) any delegation must be of controlled
substances prescribed by the collaborating
supervising physician;
(iii) all prescriptions must be limited to no
more than a 30-day supply, with any continuation
authorized only after prior approval of the
collaborating supervising physician;
(iv) the physician assistant must discuss the
condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician;
(v) the physician assistant must have
completed the appropriate application forms and
paid the required fees as set by rule;
(vi) the physician assistant must provide
evidence of satisfactory completion of 45 contact
hours in pharmacology from any physician assistant
program accredited by the Accreditation Review
Commission on Education for the Physician
Assistant (ARC-PA), or its predecessor agency, for
any new license issued with Schedule II authority
after the effective date of this amendatory Act of
the 97th General Assembly; and
(vii) the physician assistant must annually
complete at least 5 hours of continuing education
in pharmacology;
(2) with respect to advanced practice nurses,
(A) the advanced practice nurse has been delegated
authority to prescribe any Schedule III through V
controlled substances by a collaborating physician
licensed to practice medicine in all its branches or a
collaborating podiatric physician in accordance with
Section 65-40 of the Nurse Practice Act. The advanced
practice nurse has completed the appropriate
application forms and has paid the required fees as set
by rule; or
(B) the advanced practice nurse has been delegated
authority by a collaborating physician licensed to
practice medicine in all its branches or collaborating
podiatric physician to prescribe or dispense Schedule
II controlled substances through a written delegation
of authority and under the following conditions:
(i) specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the
delegated Schedule II controlled substances are
routinely prescribed by the collaborating
physician or podiatric physician. This delegation
must identify the specific Schedule II controlled
substances by either brand name or generic name.
Schedule II controlled substances to be delivered
by injection or other route of administration may
not be delegated;
(ii) any delegation must be of controlled
substances prescribed by the collaborating
physician or podiatric physician;
(iii) all prescriptions must be limited to no
more than a 30-day supply, with any continuation
authorized only after prior approval of the
collaborating physician or podiatric physician;
(iv) the advanced practice nurse must discuss
the condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician or podiatric physician or in
the course of review as required by Section 65-40
of the Nurse Practice Act;
(v) the advanced practice nurse must have
completed the appropriate application forms and
paid the required fees as set by rule;
(vi) the advanced practice nurse must provide
evidence of satisfactory completion of at least 45
graduate contact hours in pharmacology for any new
license issued with Schedule II authority after
the effective date of this amendatory Act of the
97th General Assembly; and
(vii) the advanced practice nurse must
annually complete 5 hours of continuing education
in pharmacology;
(2.5) with respect to advanced practice nurses
certified as nurse practitioners, nurse midwives, or
clinical nurse specialists practicing in a hospital
affiliate,
(A) the advanced practice nurse certified as a
nurse practitioner, nurse midwife, or clinical nurse
specialist has been granted authority to prescribe any
Schedule II through V controlled substances by the
hospital affiliate upon the recommendation of the
appropriate physician committee of the hospital
affiliate in accordance with Section 65-45 of the Nurse
Practice Act, has completed the appropriate
application forms, and has paid the required fees as
set by rule; and
(B) an advanced practice nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse
specialist has been granted authority to prescribe any
Schedule II controlled substances by the hospital
affiliate upon the recommendation of the appropriate
physician committee of the hospital affiliate, then
the following conditions must be met:
(i) specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be designated, provided that the
designated Schedule II controlled substances are
routinely prescribed by advanced practice nurses
in their area of certification; this grant of
authority must identify the specific Schedule II
controlled substances by either brand name or
generic name; authority to prescribe or dispense
Schedule II controlled substances to be delivered
by injection or other route of administration may
not be granted;
(ii) any grant of authority must be controlled
substances limited to the practice of the advanced
practice nurse;
(iii) any prescription must be limited to no
more than a 30-day supply;
(iv) the advanced practice nurse must discuss
the condition of any patients for whom a controlled
substance is prescribed monthly with the
appropriate physician committee of the hospital
affiliate or its physician designee; and
(v) the advanced practice nurse must meet the
education requirements of this Section;
(3) with respect to animal euthanasia agencies, the
euthanasia agency has obtained a license from the
Department of Financial and Professional Regulation and
obtained a registration number from the Department; or
(4) with respect to prescribing psychologists, the
prescribing psychologist has been delegated authority to
prescribe any nonnarcotic Schedule III through V
controlled substances by a collaborating physician
licensed to practice medicine in all its branches in
accordance with Section 4.3 of the Clinical Psychologist
Licensing Act, and the prescribing psychologist has
completed the appropriate application forms and has paid
the required fees as set by rule.
(b) The mid-level practitioner shall only be licensed to
prescribe those schedules of controlled substances for which a
licensed physician or licensed podiatric physician has
delegated prescriptive authority, except that an animal
euthanasia agency does not have any prescriptive authority. A
physician assistant and an advanced practice nurse are
prohibited from prescribing medications and controlled
substances not set forth in the required written delegation of
authority.
(c) Upon completion of all registration requirements,
physician assistants, advanced practice nurses, and animal
euthanasia agencies may be issued a mid-level practitioner
controlled substances license for Illinois.
(d) A collaborating physician or podiatric physician may,
but is not required to, delegate prescriptive authority to an
advanced practice nurse as part of a written collaborative
agreement, and the delegation of prescriptive authority shall
conform to the requirements of Section 65-40 of the Nurse
Practice Act.
(e) A collaborating supervising physician may, but is not
required to, delegate prescriptive authority to a physician
assistant as part of a written collaborative supervision
agreement, and the delegation of prescriptive authority shall
conform to the requirements of Section 7.5 of the Physician
Assistant Practice Act of 1987.
(f) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
99-173, eff. 7-29-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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