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


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: (Enrolled) 2017-06-28 - Sent to the Governor [SB1585 Detail]

Download: Illinois-2017-SB1585-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.28 and by adding Section 4.38 as follows:
6 (5 ILCS 80/4.28)
7 Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9 The Illinois Petroleum Education and Marketing Act.
10 The Podiatric Medical Practice Act of 1987.
11 The Acupuncture Practice Act.
12 The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14 The Interpreter for the Deaf Licensure Act of 2007.
15 The Nurse Practice Act.
16 The Clinical Social Work and Social Work Practice Act.
17 The Pharmacy Practice Act.
18 The Home Medical Equipment and Services Provider License
19Act.
20 The Marriage and Family Therapy Licensing Act.
21 The Nursing Home Administrators Licensing and Disciplinary
22Act.
23 The Physician Assistant Practice Act of 1987.

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1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
6 (5 ILCS 80/4.38 new)
7 Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9 The Physician Assistant Practice Act of 1987.
10 Section 7. The Medical Practice Act of 1987 is amended by
11changing Section 54.5 as follows:
12 (225 ILCS 60/54.5)
13 (Section scheduled to be repealed on December 31, 2017)
14 Sec. 54.5. Physician delegation of authority to physician
15assistants, advanced practice nurses, and prescribing
16psychologists.
17 (a) Physicians licensed to practice medicine in all its
18branches may delegate care and treatment responsibilities to a
19physician assistant under guidelines in accordance with the
20requirements of the Physician Assistant Practice Act of 1987. A
21physician licensed to practice medicine in all its branches may
22enter into collaborative supervising physician agreements with
23no more than 5 full-time equivalent physician assistants,

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1except in a hospital, hospital affiliate, or ambulatory
2surgical treatment center as set forth by Section 7.7 of the
3Physician Assistant Practice Act of 1987 as set forth in
4subsection (a) of Section 7 of the Physician Assistant Practice
5Act of 1987.
6 (b) A physician licensed to practice medicine in all its
7branches in active clinical practice may collaborate with an
8advanced practice nurse in accordance with the requirements of
9the Nurse Practice Act. Collaboration is for the purpose of
10providing medical consultation, and no employment relationship
11is required. A written collaborative agreement shall conform to
12the requirements of Section 65-35 of the Nurse Practice Act.
13The written collaborative agreement shall be for services in
14the same area of practice or specialty as the collaborating
15physician in his or her clinical medical practice. A written
16collaborative agreement shall be adequate with respect to
17collaboration with advanced practice nurses if all of the
18following apply:
19 (1) The agreement is written to promote the exercise of
20 professional judgment by the advanced practice nurse
21 commensurate with his or her education and experience.
22 (2) The advance practice nurse provides services based
23 upon a written collaborative agreement with the
24 collaborating physician, except as set forth in subsection
25 (b-5) of this Section. With respect to labor and delivery,
26 the collaborating physician must provide delivery services

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1 in order to participate with a certified nurse midwife.
2 (3) Methods of communication are available with the
3 collaborating physician in person or through
4 telecommunications for consultation, collaboration, and
5 referral as needed to address patient care needs.
6 (b-5) An anesthesiologist or physician licensed to
7practice medicine in all its branches may collaborate with a
8certified registered nurse anesthetist in accordance with
9Section 65-35 of the Nurse Practice Act for the provision of
10anesthesia services. With respect to the provision of
11anesthesia services, the collaborating anesthesiologist or
12physician shall have training and experience in the delivery of
13anesthesia services consistent with Department rules.
14Collaboration shall be adequate if:
15 (1) an anesthesiologist or a physician participates in
16 the joint formulation and joint approval of orders or
17 guidelines and periodically reviews such orders and the
18 services provided patients under such orders; and
19 (2) for anesthesia services, the anesthesiologist or
20 physician participates through discussion of and agreement
21 with the anesthesia plan and is physically present and
22 available on the premises during the delivery of anesthesia
23 services for diagnosis, consultation, and treatment of
24 emergency medical conditions. Anesthesia services in a
25 hospital shall be conducted in accordance with Section 10.7
26 of the Hospital Licensing Act and in an ambulatory surgical

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1 treatment center in accordance with Section 6.5 of the
2 Ambulatory Surgical Treatment Center Act.
3 (b-10) The anesthesiologist or operating physician must
4agree with the anesthesia plan prior to the delivery of
5services.
6 (c) The collaborating supervising physician shall have
7access to the medical records of all patients attended by a
8physician assistant. The collaborating physician shall have
9access to the medical records of all patients attended to by an
10advanced practice nurse.
11 (d) (Blank).
12 (e) A physician shall not be liable for the acts or
13omissions of a prescribing psychologist, physician assistant,
14or advanced practice nurse solely on the basis of having signed
15a supervision agreement or guidelines or a collaborative
16agreement, an order, a standing medical order, a standing
17delegation order, or other order or guideline authorizing a
18prescribing psychologist, physician assistant, or advanced
19practice nurse to perform acts, unless the physician has reason
20to believe the prescribing psychologist, physician assistant,
21or advanced practice nurse lacked the competency to perform the
22act or acts or commits willful and wanton misconduct.
23 (f) A collaborating physician may, but is not required to,
24delegate prescriptive authority to an advanced practice nurse
25as part of a written collaborative agreement, and the
26delegation of prescriptive authority shall conform to the

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1requirements of Section 65-40 of the Nurse Practice Act.
2 (g) A collaborating supervising physician may, but is not
3required to, delegate prescriptive authority to a physician
4assistant as part of a written collaborative supervision
5agreement, and the delegation of prescriptive authority shall
6conform to the requirements of Section 7.5 of the Physician
7Assistant Practice Act of 1987.
8 (h) (Blank).
9 (i) A collaborating physician shall delegate prescriptive
10authority to a prescribing psychologist as part of a written
11collaborative agreement, and the delegation of prescriptive
12authority shall conform to the requirements of Section 4.3 of
13the Clinical Psychologist Licensing Act.
14(Source: P.A. 98-192, eff. 1-1-14; 98-668, eff. 6-25-14;
1599-173, eff. 7-29-15.)
16 Section 10. The Physician Assistant Practice Act of 1987 is
17amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 7.5, 7.7, 9,
1810, 10.5, 12, 13, 14.1, 16, 21, 22.2, 22.6, 22.7, 22.11, 22.14,
19and 23 and by adding Sections 4.5, 5.3, 5.5, 11.5, and 22.17 as
20follows:
21 (225 ILCS 95/1) (from Ch. 111, par. 4601)
22 (Section scheduled to be repealed on January 1, 2018)
23 Sec. 1. Legislative purpose. The practice as a physician
24assistant in the State of Illinois is hereby declared to affect

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1the public health, safety and welfare and to be subject to
2regulation and control in the public interest. The purpose and
3legislative intent of this Act is to encourage and promote the
4more effective utilization of the skills of physicians by
5enabling them to delegate certain health tasks to physician
6assistants where such delegation is consistent with the health
7and welfare of the patient and is conducted at the direction of
8and under the responsible supervision of the physician.
9 It is further declared to be a matter of public health and
10concern that the practice as a physician assistant, as defined
11in this Act, merit and receive the confidence of the public,
12that only qualified persons be authorized to practice as a
13physician assistant in the State of Illinois. This Act shall be
14liberally construed to best carry out these subjects and
15purposes.
16(Source: P.A. 85-981.)
17 (225 ILCS 95/2) (from Ch. 111, par. 4602)
18 (Section scheduled to be repealed on January 1, 2018)
19 Sec. 2. Short title. This Act Article shall be known and
20may be cited as the "Physician Assistant Practice Act of 1987".
21(Source: P.A. 85-981.)
22 (225 ILCS 95/3) (from Ch. 111, par. 4603)
23 (Section scheduled to be repealed on January 1, 2018)
24 Sec. 3. Illinois Administrative Procedure Act. The

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1Illinois Administrative Procedure Act is hereby expressly
2adopted and incorporated herein as if all of the provisions of
3that Act were included in this Act, except that the provision
4of subsection (d) of Section 10-65 of the Illinois
5Administrative Procedure Act that provides that at hearings the
6licensee has the right to show compliance with all lawful
7requirements for retention, continuation or renewal of the
8license is specifically excluded. For the purposes of this Act
9the notice required under Section 10-25 of the Illinois
10Administrative Procedure Act is deemed sufficient when
11personally served, mailed to the address of record of the
12applicant or licensee, or emailed to the email address of
13record of the applicant or licensee last known address of a
14party. The Secretary may adopt promulgate rules for the
15administration and enforcement of this Act and may prescribe
16forms to be issued in connection with this Act.
17(Source: P.A. 95-703, eff. 12-31-07.)
18 (225 ILCS 95/4) (from Ch. 111, par. 4604)
19 (Section scheduled to be repealed on January 1, 2018)
20 Sec. 4. Definitions. In this Act:
21 1. "Department" means the Department of Financial and
22Professional Regulation.
23 2. "Secretary" means the Secretary of Financial and
24Professional Regulation.
25 3. "Physician assistant" means any person not holding an

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1active license or permit issued by the Department pursuant to
2the Medical Practice Act of 1987 who has been certified as a
3physician assistant by the National Commission on the
4Certification of Physician Assistants or equivalent successor
5agency and performs procedures in collaboration with under the
6supervision of a physician as defined in this Act. A physician
7assistant may perform such procedures within the specialty of
8the collaborating supervising physician, except that such
9physician shall exercise such direction, collaboration,
10supervision and control over such physician assistants as will
11assure that patients shall receive quality medical care.
12Physician assistants shall be capable of performing a variety
13of tasks within the specialty of medical care under the in
14collaboration with supervision of a physician. Collaboration
15with Supervision of the physician assistant shall not be
16construed to necessarily require the personal presence of the
17collaborating supervising physician at all times at the place
18where services are rendered, as long as there is communication
19available for consultation by radio, telephone or
20telecommunications within established guidelines as determined
21by the physician/physician assistant team. The collaborating
22supervising physician may delegate tasks and duties to the
23physician assistant. Delegated tasks or duties shall be
24consistent with physician assistant education, training, and
25experience. The delegated tasks or duties shall be specific to
26the practice setting and shall be implemented and reviewed

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1under a written collaborative supervision agreement
2established by the physician or physician/physician assistant
3team. A physician assistant, acting as an agent of the
4physician, shall be permitted to transmit the collaborating
5supervising physician's orders as determined by the
6institution's by-laws, policies, procedures, or job
7description within which the physician/physician assistant
8team practices. Physician assistants shall practice only in
9accordance with a written collaborative supervision agreement.
10 Any person who holds an active license or permit issued
11pursuant to the Medical Practice Act of 1987 shall have that
12license automatically placed into inactive status upon
13issuance of a physician assistant license. Any person who holds
14an active license as a physician assistant who is issued a
15license or permit pursuant to the Medical Practice Act of 1987
16shall have his or her physician assistant license automatically
17placed into inactive status.
18 3.5. "Physician assistant practice" means the performance
19of procedures within the specialty of the collaborating
20physician. Physician assistants shall be capable of performing
21a variety of tasks within the specialty of medical care of the
22collaborating physician. Collaboration with the physician
23assistant shall not be construed to necessarily require the
24personal presence of the collaborating physician at all times
25at the place where services are rendered, as long as there is
26communication available for consultation by radio, telephone,

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1telecommunications, or electronic communications. The
2collaborating physician may delegate tasks and duties to the
3physician assistant. Delegated tasks or duties shall be
4consistent with physician assistant education, training, and
5experience. The delegated tasks or duties shall be specific to
6the practice setting and shall be implemented and reviewed
7under a written collaborative agreement established by the
8physician or physician/physician assistant team. A physician
9assistant shall be permitted to transmit the collaborating
10physician's orders as determined by the institution's bylaws,
11policies, or procedures or the job description within which the
12physician/physician assistant team practices. Physician
13assistants shall practice only in accordance with a written
14collaborative agreement, except as provided in Section 7.5 of
15this Act.
16 4. "Board" means the Medical Licensing Board constituted
17under the Medical Practice Act of 1987.
18 5. "Disciplinary Board" means the Medical Disciplinary
19Board constituted under the Medical Practice Act of 1987.
20 6. "Physician" means, for purposes of this Act, a person
21licensed to practice medicine in all of its branches under the
22Medical Practice Act of 1987.
23 7. "Collaborating physician" means the physician who,
24within his or her specialty and expertise, may delegate a
25variety of tasks and procedures to the physician assistant.
26Such tasks and procedures shall be delegated in accordance with

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1a written collaborative agreement. "Supervising Physician"
2means, for the purposes of this Act, the primary supervising
3physician of a physician assistant, who, within his specialty
4and expertise may delegate a variety of tasks and procedures to
5the physician assistant. Such tasks and procedures shall be
6delegated in accordance with a written supervision agreement.
7The supervising physician maintains the final responsibility
8for the care of the patient and the performance of the
9physician assistant.
10 8. (Blank). "Alternate supervising physician" means, for
11the purpose of this Act, any physician designated by the
12supervising physician to provide supervision in the event that
13he or she is unable to provide that supervision. The Department
14may further define "alternate supervising physician" by rule.
15 The alternate supervising physicians shall maintain all
16the same responsibilities as the supervising physician.
17Nothing in this Act shall be construed as relieving any
18physician of the professional or legal responsibility for the
19care and treatment of persons attended by him or by physician
20assistants under his supervision. Nothing in this Act shall be
21construed as to limit the reasonable number of alternate
22supervising physicians, provided they are designated by the
23supervising physician.
24 9. "Address of record" means the designated address
25recorded by the Department in the applicant's or licensee's
26application file or license file maintained by the Department's

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1licensure maintenance unit. It is the duty of the applicant or
2licensee to inform the Department of any change of address, and
3such changes must be made either through the Department's
4website or by contacting the Department's licensure
5maintenance unit.
6 10. "Hospital affiliate" means a corporation, partnership,
7joint venture, limited liability company, or similar
8organization, other than a hospital, that is devoted primarily
9to the provision, management, or support of health care
10services and that directly or indirectly controls, is
11controlled by, or is under common control of the hospital. For
12the purposes of this definition, "control" means having at
13least an equal or a majority ownership or membership interest.
14A hospital affiliate shall be 100% owned or controlled by any
15combination of hospitals, their parent corporations, or
16physicians licensed to practice medicine in all its branches in
17Illinois. "Hospital affiliate" does not include a health
18maintenance organization regulated under the Health
19Maintenance Organization Act.
20 11. "Email address of record" means the designated email
21address recorded by the Department in the applicant's
22application file or the licensee's license file, as maintained
23by the Department's licensure maintenance unit.
24(Source: P.A. 99-330, eff. 1-1-16.)
25 (225 ILCS 95/4.5 new)

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1 Sec. 4.5. Address of record; email address of record. All
2applicants and licensees shall:
3 (1) provide a valid address and email address to the
4 Department, which shall serve as the address of record and
5 email address of record, respectively, at the time of
6 application for licensure or renewal of a license; and
7 (2) inform the Department of any change of address of
8 record or email address of record within 14 days after such
9 change either through the Department's website or by
10 contacting the Department's licensure maintenance unit.
11 (225 ILCS 95/5) (from Ch. 111, par. 4605)
12 (Section scheduled to be repealed on January 1, 2018)
13 Sec. 5. Applicability. This Act does not prohibit:
14 (1) any 1. Any person licensed in this State under any
15 other Act from engaging in the practice for which he is
16 licensed;
17 (2) the 2. The practice as a physician assistant by a
18 person who is employed by the United States government or
19 any bureau, division or agency thereof while in the
20 discharge of the employee's official duties;
21 (3) the 3. The practice as a physician assistant which
22 is included in their program of study by students enrolled
23 in schools or in refresher courses approved by the
24 Department.
25 4. The practice, services, or activities of persons

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1 practicing the specified occupations set forth in
2 subsection (a) of, and pursuant to a licensing exemption
3 granted in subsection (b) or (d) of, Section 2105-350 of
4 the Department of Professional Regulation Law of the Civil
5 Administrative Code of Illinois, but only for so long as
6 the 2016 Olympic and Paralympic Games Professional
7 Licensure Exemption Law is operable.
8(Source: P.A. 96-7, eff. 4-3-09.)
9 (225 ILCS 95/5.3 new)
10 Sec. 5.3. Advertising.
11 (a) As used in this Section, "advertise" means solicitation
12by the licensee or through another person or entity by means of
13hand bills, posters, circulars, motion pictures, radio,
14newspapers, or television or any other manner.
15 (b) A person licensed under this Act as a physician
16assistant may advertise the availability of professional
17services in the public media or on the premises where the
18professional services are rendered. The advertising is limited
19to the following information:
20 (1) publication of the person's name, title, office
21 hours, address, and telephone number;
22 (2) information pertaining to the person's areas of
23 specialization, including, but not limited to, appropriate
24 board certification or limitation of professional
25 practice;

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1 (3) publication of the person's collaborating
2 physician's name, title, and areas of specialization;
3 (4) information on usual and customary fees for routine
4 professional services offered, which shall include
5 notification that fees may be adjusted due to complications
6 or unforeseen circumstances;
7 (5) announcements of the opening of, change of, absence
8 from, or return to business;
9 (6) announcements of additions to or deletions from
10 professional licensed staff; and
11 (7) the issuance of business or appointment cards.
12 (c) It is unlawful for a person licensed under this Act as
13a physician assistant to use claims of superior quality of care
14to entice the public. It is unlawful to advertise fee
15comparisons of available services with those of other licensed
16persons.
17 (d) This Section does not authorize the advertising of
18professional services that the offeror of the services is not
19licensed or authorized to render. The advertiser shall not use
20statements that contain false, fraudulent, deceptive, or
21misleading material or guarantees of success, statements that
22play upon the vanity or fears of the public, or statements that
23promote or produce unfair competition.
24 (e) It is unlawful and punishable under the penalty
25provisions of this Act for a person licensed under this Act to
26knowingly advertise that the licensee will accept as payment

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1for services rendered by assignment from any third-party payor
2the amount the third-party payor covers as payment in full if
3the effect is to give the impression of eliminating the need of
4payment by the patient of any required deductible or copayment
5applicable in the patient's health benefit plan.
6 (f) A licensee shall include in every advertisement for
7services regulated under this Act his or her title as it
8appears on the license or the initials authorized under this
9Act.
10 (225 ILCS 95/5.5 new)
11 Sec. 5.5. Billing. A physician assistant shall not be
12allowed to personally bill patients or in any way charge for
13services. The employer of a physician assistant may charge for
14services rendered by the physician assistant. All claims for
15services rendered by the physician assistant shall be submitted
16using the physician assistant's national provider
17identification number as the billing provider whenever
18appropriate. Payment for services rendered by a physician
19assistant shall be made to his or her employer if the payor
20would have made payment had the services been provided by a
21physician licensed to provide medicine in all of its branches.
22 (225 ILCS 95/6) (from Ch. 111, par. 4606)
23 (Section scheduled to be repealed on January 1, 2018)
24 Sec. 6. Physician assistant title Title; advertising

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1billing.
2 (a) No physician assistant shall use the title of doctor,
3physician, or associate with his or her name or any other term
4that would indicate to other persons that he or she is
5qualified to engage in the general practice of medicine.
6 (b) A physician assistant shall verbally identify himself
7or herself as a physician assistant, including specialty
8certification, to each patient.
9 (c) Nothing in this Act shall be construed to relieve a
10physician assistant of the professional or legal
11responsibility for the care and treatment of persons attended
12by him or her.
13 (b) A licensee shall include in every advertisement for
14services regulated under this Act his or her title as it
15appears on the license or the initials authorized under this
16Act.
17 (c) A physician assistant shall not be allowed to bill
18patients or in any way to charge for services. Nothing in this
19Act, however, shall be so construed as to prevent the employer
20of a physician assistant from charging for services rendered by
21the physician assistant. Payment for services rendered by a
22physician assistant shall be made to his or her employer if the
23payor would have made payment had the services been provided by
24a physician licensed to practice medicine in all its branches.
25 (d) The collaborating supervising physician shall file
26with the Department notice of employment, discharge, or

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1collaboration with supervisory control of a physician
2assistant at the time of employment, discharge, or assumption
3of collaboration with supervisory control of a physician
4assistant.
5(Source: P.A. 90-61, eff. 12-30-97; 90-116, eff. 7-14-97;
690-655, eff. 7-30-98; 91-310, eff. 1-1-00.)
7 (225 ILCS 95/7) (from Ch. 111, par. 4607)
8 (Section scheduled to be repealed on January 1, 2018)
9 Sec. 7. Collaboration Supervision requirements.
10 (a) A collaborating supervising physician shall determine
11the number of physician assistants to collaborate with, under
12his or her supervision provided the physician is able to
13provide adequate collaboration supervision as outlined in the
14written collaborative supervision agreement required under
15Section 7.5 of this Act and consideration is given to the
16nature of the physician's practice, complexity of the patient
17population, and the experience of each supervised physician
18assistant. A collaborating physician may collaborate with a
19maximum of 5 full-time equivalent physician assistants. As used
20in this Section, "full-time equivalent" means the equivalent of
2140 hours per week per individual. Physicians and physician
22assistants who work in a hospital, hospital affiliate, or
23ambulatory surgical treatment center as defined by Section 7.7
24of this Act are exempt from the collaborative ratio restriction
25requirements of this Section. A supervising physician may

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1supervise a maximum of 5 full-time equivalent physician
2assistants; provided, however, this number of physician
3assistants shall be reduced by the number of collaborative
4agreements the supervising physician maintains. A physician
5assistant shall be able to hold more than one professional
6position. A collaborating supervising physician shall file a
7notice of collaboration supervision of each physician
8assistant according to the rules of the Department. It is the
9responsibility of the supervising physician to maintain
10documentation each time he or she has designated an alternative
11supervising physician. This documentation shall include the
12date alternate supervisory control began, the date alternate
13supervisory control ended, and any other changes. A supervising
14physician shall provide a copy of this documentation to the
15Department, upon request.
16 Physician assistants shall collaborate be supervised only
17with by physicians as defined in this Act who are engaged in
18clinical practice, or in clinical practice in public health or
19other community health facilities.
20 Nothing in this Act shall be construed to limit the
21delegation of tasks or duties by a physician to a nurse or
22other appropriately trained personnel.
23 Nothing in this Act shall be construed to prohibit the
24employment of physician assistants by a hospital, nursing home
25or other health care facility where such physician assistants
26function under a collaborating the supervision of a supervising

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1physician.
2 A physician assistant may be employed by a practice group
3or other entity employing multiple physicians at one or more
4locations. In that case, one of the physicians practicing at a
5location shall be designated the collaborating supervising
6physician. The other physicians with that practice group or
7other entity who practice in the same general type of practice
8or specialty as the collaborating supervising physician may
9collaborate with supervise the physician assistant with
10respect to their patients without being deemed alternate
11supervising physicians for the purpose of this Act.
12 (b) A physician assistant licensed in this State, or
13licensed or authorized to practice in any other U.S.
14jurisdiction or credentialed by his or her federal employer as
15a physician assistant, who is responding to a need for medical
16care created by an emergency or by a state or local disaster
17may render such care that the physician assistant is able to
18provide without collaboration supervision as it is defined in
19this Section or with such collaboration supervision as is
20available. For purposes of this Section, an "emergency
21situation" shall not include one that occurs in the place of
22one's employment.
23 Any physician who collaborates with supervises a physician
24assistant providing medical care in response to such an
25emergency or state or local disaster shall not be required to
26meet the requirements set forth in this Section for a

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1collaborating supervising physician.
2(Source: P.A. 96-70, eff. 7-23-09; 97-1071, eff. 8-24-12.)
3 (225 ILCS 95/7.5)
4 (Section scheduled to be repealed on January 1, 2018)
5 Sec. 7.5. Written collaborative Prescriptions; written
6supervision agreements; prescriptive authority.
7 (a) A written collaborative supervision agreement is
8required for all physician assistants to practice in the State,
9except as provided in Section 7.7 of this Act.
10 (1) A written collaborative supervision agreement
11 shall describe the working relationship of the physician
12 assistant with the collaborating supervising physician and
13 shall describe authorize the categories of care,
14 treatment, or procedures to be provided performed by the
15 physician assistant. The written collaborative supervision
16 agreement shall promote the exercise of professional
17 judgment by the physician assistant commensurate with his
18 or her education and experience. The services to be
19 provided by the physician assistant shall be services that
20 the collaborating supervising physician is authorized to
21 and generally provides to his or her patients in the normal
22 course of his or her clinical medical practice. The written
23 collaborative supervision agreement need not describe the
24 exact steps that a physician assistant must take with
25 respect to each specific condition, disease, or symptom but

SB1585 Enrolled- 23 -LRB100 11277 SMS 21625 b
1 must specify which authorized procedures require the
2 presence of the collaborating supervising physician as the
3 procedures are being performed. The supervision
4 relationship under a written collaborative supervision
5 agreement shall not be construed to require the personal
6 presence of a physician at the place where services are
7 rendered. Methods of communication shall be available for
8 consultation with the collaborating supervising physician
9 in person or by telecommunications or electronic
10 communications in accordance with established written
11 guidelines as set forth in the written collaborative
12 supervision agreement. For the purposes of this Act,
13 "generally provides to his or her patients in the normal
14 course of his or her clinical medical practice" means
15 services, not specific tasks or duties, the collaborating
16 supervising physician routinely provides individually or
17 through delegation to other persons so that the physician
18 has the experience and ability to collaborate and provide
19 supervision and consultation.
20 (2) The written collaborative supervision agreement
21 shall be adequate if a physician does each of the
22 following:
23 (A) Participates in the joint formulation and
24 joint approval of orders or guidelines with the
25 physician assistant and he or she periodically reviews
26 such orders and the services provided patients under

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1 such orders in accordance with accepted standards of
2 medical practice and physician assistant practice.
3 (B) Provides supervision and consultation at least
4 once a month.
5 (3) A copy of the signed, written collaborative
6 supervision agreement must be available to the Department
7 upon request from both the physician assistant and the
8 collaborating supervising physician.
9 (4) A physician assistant shall inform each
10 collaborating supervising physician of all written
11 collaborative supervision agreements he or she has signed
12 and provide a copy of these to any collaborating
13 supervising physician upon request.
14 (b) A collaborating supervising physician may, but is not
15required to, delegate prescriptive authority to a physician
16assistant as part of a written collaborative supervision
17agreement. This authority may, but is not required to, include
18prescription of, selection of, orders for, administration of,
19storage of, acceptance of samples of, and dispensing medical
20devices, over the counter medications, legend drugs, medical
21gases, and controlled substances categorized as Schedule II III
22through V controlled substances, as defined in Article II of
23the Illinois Controlled Substances Act, and other
24preparations, including, but not limited to, botanical and
25herbal remedies. The collaborating supervising physician must
26have a valid, current Illinois controlled substance license and

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1federal registration with the Drug Enforcement Agency to
2delegate the authority to prescribe controlled substances.
3 (1) To prescribe Schedule II, III, IV, or V controlled
4 substances under this Section, a physician assistant must
5 obtain a mid-level practitioner controlled substances
6 license. Medication orders issued by a physician assistant
7 shall be reviewed periodically by the collaborating
8 supervising physician.
9 (2) The collaborating supervising physician shall file
10 with the Department notice of delegation of prescriptive
11 authority to a physician assistant and termination of
12 delegation, specifying the authority delegated or
13 terminated. Upon receipt of this notice delegating
14 authority to prescribe Schedule III, IV, or V controlled
15 substances, the physician assistant shall be eligible to
16 register for a mid-level practitioner controlled
17 substances license under Section 303.05 of the Illinois
18 Controlled Substances Act. Nothing in this Act shall be
19 construed to limit the delegation of tasks or duties by the
20 collaborating supervising physician to a nurse or other
21 appropriately trained persons in accordance with Section
22 54.2 of the Medical Practice Act of 1987.
23 (3) In addition to the requirements of this subsection
24 (b) of this Section, a collaborating supervising physician
25 may, but is not required to, delegate authority to a
26 physician assistant to prescribe Schedule II controlled

SB1585 Enrolled- 26 -LRB100 11277 SMS 21625 b
1 substances, if all of the following conditions apply:
2 (A) Specific Schedule II controlled substances by
3 oral dosage or topical or transdermal application may
4 be delegated, provided that the delegated Schedule II
5 controlled substances are routinely prescribed by the
6 collaborating supervising physician. This delegation
7 must identify the specific Schedule II controlled
8 substances by either brand name or generic name.
9 Schedule II controlled substances to be delivered by
10 injection or other route of administration may not be
11 delegated.
12 (B) (Blank). Any delegation must be controlled
13 substances that the supervising physician prescribes.
14 (C) Any prescription must be limited to no more
15 than a 30-day supply, with any continuation authorized
16 only after prior approval of the collaborating
17 supervising physician.
18 (D) The physician assistant must discuss the
19 condition of any patients for whom a controlled
20 substance is prescribed monthly with the collaborating
21 supervising physician.
22 (E) The physician assistant meets the education
23 requirements of Section 303.05 of the Illinois
24 Controlled Substances Act.
25 (c) Nothing in this Act shall be construed to limit the
26delegation of tasks or duties by a physician to a licensed

SB1585 Enrolled- 27 -LRB100 11277 SMS 21625 b
1practical nurse, a registered professional nurse, or other
2persons. Nothing in this Act shall be construed to limit the
3method of delegation that may be authorized by any means,
4including, but not limited to, oral, written, electronic,
5standing orders, protocols, guidelines, or verbal orders.
6Nothing in this Act shall be construed to authorize a physician
7assistant to provide health care services required by law or
8rule to be performed by a physician.
9 (c-5) Nothing in this Section shall be construed to apply
10to any medication authority, including Schedule II controlled
11substances of a licensed physician assistant for care provided
12in a hospital, hospital affiliate, or ambulatory surgical
13treatment center pursuant to Section 7.7 of this Act.
14 (d) (Blank). Any physician assistant who writes a
15prescription for a controlled substance without having a valid
16appropriate authority may be fined by the Department not more
17than $50 per prescription, and the Department may take any
18other disciplinary action provided for in this Act.
19 (e) Nothing in this Section shall be construed to prohibit
20generic substitution.
21(Source: P.A. 96-268, eff. 8-11-09; 96-618, eff. 1-1-10;
2296-1000, eff. 7-2-10; 97-358, eff. 8-12-11.)
23 (225 ILCS 95/7.7)
24 (Section scheduled to be repealed on January 1, 2018)
25 Sec. 7.7. Physician assistants in hospitals, hospital

SB1585 Enrolled- 28 -LRB100 11277 SMS 21625 b
1affiliates, or ambulatory surgical treatment centers.
2 (a) A physician assistant may provide services in a
3hospital or a hospital affiliate as those terms are defined in
4the Hospital Licensing Act, a hospital affiliate as defined in
5or the University of Illinois Hospital Act, or a licensed
6ambulatory surgical treatment center as defined in the
7Ambulatory Surgical Treatment Center Act without a written
8collaborative supervision agreement pursuant to Section 7.5 of
9this Act. A physician assistant must possess clinical
10privileges recommended by the hospital medical staff and
11granted by the hospital or the consulting medical staff
12committee and ambulatory surgical treatment center in order to
13provide services. The medical staff or consulting medical staff
14committee shall periodically review the services of physician
15assistants granted clinical privileges, including any care
16provided in a hospital affiliate. Authority may also be granted
17when recommended by the hospital medical staff and granted by
18the hospital or recommended by the consulting medical staff
19committee and ambulatory surgical treatment center to
20individual physician assistants to select, order, and
21administer medications, including controlled substances, to
22provide delineated care. In a hospital, hospital affiliate, or
23ambulatory surgical treatment center, the attending physician
24shall determine a physician assistant's role in providing care
25for his or her patients, except as otherwise provided in the
26medical staff bylaws or consulting committee policies.

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1 (a-5) Physician assistants practicing in a hospital
2affiliate may be, but are not required to be, granted authority
3to prescribe Schedule II through V controlled substances when
4such authority is recommended by the appropriate physician
5committee of the hospital affiliate and granted by the hospital
6affiliate. This authority may, but is not required to, include
7prescription of, selection of, orders for, administration of,
8storage of, acceptance of samples of, and dispensing
9over-the-counter medications, legend drugs, medical gases, and
10controlled substances categorized as Schedule II through V
11controlled substances, as defined in Article II of the Illinois
12Controlled Substances Act, and other preparations, including,
13but not limited to, botanical and herbal remedies.
14 To prescribe controlled substances under this subsection
15(a-5), a physician assistant must obtain a mid-level
16practitioner controlled substance license. Medication orders
17shall be reviewed periodically by the appropriate hospital
18affiliate physicians committee or its physician designee.
19 The hospital affiliate shall file with the Department
20notice of a grant of prescriptive authority consistent with
21this subsection (a-5) and termination of such a grant of
22authority in accordance with rules of the Department. Upon
23receipt of this notice of grant of authority to prescribe any
24Schedule II through V controlled substances, the licensed
25physician assistant may register for a mid-level practitioner
26controlled substance license under Section 303.05 of the

SB1585 Enrolled- 30 -LRB100 11277 SMS 21625 b
1Illinois Controlled Substances Act.
2 In addition, a hospital affiliate may, but is not required
3to, grant authority to a physician assistant to prescribe any
4Schedule II controlled substances if all of the following
5conditions apply:
6 (1) specific Schedule II controlled substances by oral
7 dosage or topical or transdermal application may be
8 designated, provided that the designated Schedule II
9 controlled substances are routinely prescribed by
10 physician assistants in their area of certification; this
11 grant of authority must identify the specific Schedule II
12 controlled substances by either brand name or generic name;
13 authority to prescribe or dispense Schedule II controlled
14 substances to be delivered by injection or other route of
15 administration may not be granted;
16 (2) any grant of authority must be controlled
17 substances limited to the practice of the physician
18 assistant;
19 (3) any prescription must be limited to no more than a
20 30-day supply;
21 (4) the physician assistant must discuss the condition
22 of any patients for whom a controlled substance is
23 prescribed monthly with the appropriate physician
24 committee of the hospital affiliate or its physician
25 designee; and
26 (5) the physician assistant must meet the education

SB1585 Enrolled- 31 -LRB100 11277 SMS 21625 b
1 requirements of Section 303.05 of the Illinois Controlled
2 Substances Act.
3 (b) A physician assistant granted authority to order
4medications including controlled substances may complete
5discharge prescriptions provided the prescription is in the
6name of the physician assistant and the attending or
7discharging physician.
8 (c) Physician assistants practicing in a hospital,
9hospital affiliate, or an ambulatory surgical treatment center
10are not required to obtain a mid-level controlled substance
11license to order controlled substances under Section 303.05 of
12the Illinois Controlled Substances Act.
13(Source: P.A. 97-1071, eff. 8-24-12.)
14 (225 ILCS 95/9) (from Ch. 111, par. 4609)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 9. Application for licensure. Applications for
17original licenses shall be made to the Department in writing on
18forms or electronically as prescribed by the Department and
19shall be accompanied by the required fee, which shall not be
20refundable. An application shall require information that in
21the judgment of the Department will enable the Department to
22pass on the qualifications of the applicant for a license. An
23application shall include evidence of passage of the
24examination of the National Commission on the Certification of
25Physician Assistants, or its successor agency, and proof that

SB1585 Enrolled- 32 -LRB100 11277 SMS 21625 b
1the applicant holds a valid certificate issued by that
2Commission.
3 Applicants have 3 years from the date of application to
4complete the application process. If the process has not been
5completed in 3 years, the application shall be denied, the fee
6shall be forfeited, and the applicant must reapply and meet the
7requirements in effect at the time of reapplication.
8(Source: P.A. 90-61, eff. 12-30-97.)
9 (225 ILCS 95/10) (from Ch. 111, par. 4610)
10 (Section scheduled to be repealed on January 1, 2018)
11 Sec. 10. Identification. No person shall use the title
12"physician or perform the duties of "Physician assistant"
13unless he or she holds is a qualified holder of a valid license
14issued by the Department as provided in this Act. A physician
15assistant shall wear on his or her person a visible
16identification indicating that he or she is certified as a
17physician assistant while acting in the course of his or her
18duties.
19(Source: P.A. 90-61, eff. 12-30-97.)
20 (225 ILCS 95/10.5)
21 (Section scheduled to be repealed on January 1, 2018)
22 Sec. 10.5. Unlicensed practice; violation; civil penalty.
23 (a) Any person who practices, offers to practice, attempts
24to practice, or holds oneself out to practice as a physician's

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1assistant without being licensed under this Act shall, in
2addition to any other penalty provided by law, pay a civil
3penalty to the Department in an amount not to exceed $10,000
4for each offense as determined by the Department. The civil
5penalty shall be assessed by the Department after a hearing is
6held in accordance with the provisions set forth in this Act
7regarding the provision of a hearing for the discipline of a
8licensee.
9 (b) The Department has the authority and power to
10investigate any and all unlicensed activity.
11 (b-5) No person shall use any words, abbreviations,
12figures, letters, title, sign, card, or device tending to imply
13that he or she is a physician assistant, including, but not
14limited to, using the titles or initials "Physician Assistant"
15or "PA", or similar titles or initials, with the intention of
16indicating practice as a physician assistant without meeting
17the requirements of this Act.
18 (c) The civil penalty shall be paid within 60 days after
19the effective date of the order imposing the civil penalty. The
20order shall constitute a judgment and may be filed and
21execution had thereon in the same manner as any judgment from
22any court of record.
23(Source: P.A. 95-703, eff. 12-31-07.)
24 (225 ILCS 95/11.5 new)
25 Sec. 11.5. Continuing education. The Department shall

SB1585 Enrolled- 34 -LRB100 11277 SMS 21625 b
1adopt rules for continuing education for persons licensed under
2this Act that require 50 hours of continuing education per
32-year license renewal cycle. Completion of the 50 hours of
4continuing education shall be deemed to satisfy the continuing
5education requirements for renewal of a physician assistant
6license as required by this Act. The rules shall not be
7inconsistent with requirements of relevant national certifying
8bodies or State or national professional associations. The
9rules shall also address variances in part or in whole for good
10cause, including, but not limited to, illness or hardship. The
11continuing education rules shall ensure that licensees are
12given the opportunity to participate in programs sponsored by
13or through their State or national professional associations,
14hospitals, or other providers of continuing education. Each
15licensee is responsible for maintaining records of completion
16of continuing education and shall be prepared to produce the
17records when requested by the Department.
18 (225 ILCS 95/12) (from Ch. 111, par. 4612)
19 (Section scheduled to be repealed on January 1, 2018)
20 Sec. 12. A person shall be qualified for licensure as a
21physician assistant and the Department may issue a physician
22assistant license to a person who:
23 1. has Has applied in writing or electronically in form
24 and substance satisfactory to the Department and has not
25 violated any of the provisions of Section 21 of this Act or

SB1585 Enrolled- 35 -LRB100 11277 SMS 21625 b
1 the rules adopted under this Act promulgated hereunder. The
2 Department may take into consideration any felony
3 conviction of the applicant but such conviction shall not
4 operate as an absolute bar to licensure;
5 2. has Has successfully completed the examination
6 provided by the National Commission on the Certification of
7 Physician Assistants Physician's Assistant or its
8 successor agency;
9 3. holds Holds a certificate issued by the National
10 Commission on the Certification of Physician Assistants or
11 an equivalent successor agency; and
12 4. complies Complies with all applicable rules of the
13 Department.
14(Source: P.A. 95-703, eff. 12-31-07.)
15 (225 ILCS 95/13) (from Ch. 111, par. 4613)
16 (Section scheduled to be repealed on January 1, 2018)
17 Sec. 13. Department powers and duties.
18 (a) Subject to the provisions of this Act, the Department
19shall:
20 (1) adopt 1. Promulgate rules approved by the Board
21 setting forth standards to be met by a school or
22 institution offering a course of training for physician
23 assistants prior to approval of such school or
24 institution; .
25 (2) adopt 2. Promulgate rules approved by the Board

SB1585 Enrolled- 36 -LRB100 11277 SMS 21625 b
1 setting forth uniform and reasonable standards of
2 instruction to be met prior to approval of such course of
3 institution for physician assistants; and .
4 (3) determine 3. Determine the reputability and good
5 standing of such schools or institutions and their course
6 of instruction for physician assistants by reference to
7 compliance with such rules, provided that no school of
8 physician assistants that refuses admittance to applicants
9 solely on account of race, color, sex, or creed shall be
10 considered reputable and in good standing.
11 (b) No rule shall be adopted under this Act which allows a
12physician assistant to perform any act, task, or function
13primarily performed in the lawful practice of optometry under
14the Illinois Optometric Practice Act of 1987.
15 (c) All rules shall be submitted to the Board for review
16and the Department shall consider any comments provided by the
17Board.
18(Source: P.A. 85-1440.)
19 (225 ILCS 95/14.1)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 14.1. Fees.
22 (a) Fees collected for the administration of this Act shall
23be set by the Department by rule. All fees are nonrefundable
24not refundable.
25 (b) (Blank).

SB1585 Enrolled- 37 -LRB100 11277 SMS 21625 b
1 (c) All moneys collected under this Act by the Department
2shall be deposited in the Illinois State Medical Disciplinary
3Fund in the State Treasury and used (1) in the exercise of its
4powers and performance of its duties under this Act, as such
5use is made by the Department; (2) for costs directly related
6to licensing and license renewal of persons licensed under this
7Act; and (3) for costs related to the public purposes of the
8Department.
9 All earnings received from investment of moneys in the
10Illinois State Medical Disciplinary Fund shall be deposited
11into the Illinois State Medical Disciplinary Fund and shall be
12used for the same purposes as fees deposited in the Fund.
13(Source: P.A. 95-703, eff. 12-31-07.)
14 (225 ILCS 95/16) (from Ch. 111, par. 4616)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 16. Expiration; renewal. The expiration date and
17renewal period for each license issued under this Act shall be
18set by rule. Renewal shall be conditioned on paying the
19required fee and by meeting such other requirements as may be
20established by rule. The certification as a physician assistant
21by the National Commission on Certification of Physician
22Assistants or an equivalent successor agency is not required
23for renewal of a license under this Act.
24 Any physician assistant who has permitted his or her
25license to expire or who has had his or her license on inactive

SB1585 Enrolled- 38 -LRB100 11277 SMS 21625 b
1status may have the license restored by making application to
2the Department and filing proof acceptable to the Department of
3his or her fitness to have the license restored, and by paying
4the required fees. Proof of fitness may include sworn evidence
5certifying to active lawful practice in another jurisdiction.
6 If the physician assistant has not maintained an active
7practice in another jurisdiction satisfactory to the
8Department, the Department shall determine, by an evaluation
9program established by rule, his or her fitness for restoration
10of the license and shall establish procedures and requirements
11for such restoration.
12 However, any physician assistant whose license expired
13while he or she was (1) in federal service on active duty with
14the Armed Forces of the United States, or the State Militia
15called into service or training, or (2) in training or
16education under the supervision of the United States
17preliminary to induction into the military service, may have
18the license restored without paying any lapsed renewal fees if
19within 2 years after honorable termination of such service,
20training, or education he or she furnishes the Department with
21satisfactory evidence to the effect that he or she has been so
22engaged and that his or her service, training, or education has
23been so terminated.
24(Source: P.A. 90-61, eff. 12-30-97.)
25 (225 ILCS 95/21) (from Ch. 111, par. 4621)

SB1585 Enrolled- 39 -LRB100 11277 SMS 21625 b
1 (Section scheduled to be repealed on January 1, 2018)
2 Sec. 21. Grounds for disciplinary action.
3 (a) The Department may refuse to issue or to renew, or may
4revoke, suspend, place on probation, censure or reprimand, or
5take other disciplinary or non-disciplinary action with regard
6to any license issued under this Act as the Department may deem
7proper, including the issuance of fines not to exceed $10,000
8for each violation, for any one or combination of the following
9causes:
10 (1) Material misstatement in furnishing information to
11 the Department.
12 (2) Violations of this Act, or the rules adopted under
13 this Act.
14 (3) Conviction by plea of guilty or nolo contendere,
15 finding of guilt, jury verdict, or entry of judgment or
16 sentencing, including, but not limited to, convictions,
17 preceding sentences of supervision, conditional discharge,
18 or first offender probation, under the laws of any
19 jurisdiction of the United States that is: (i) a felony; or
20 (ii) a misdemeanor, an essential element of which is
21 dishonesty, or that is directly related to the practice of
22 the profession. Conviction of or entry of a plea of guilty
23 or nolo contendere to any crime that is a felony under the
24 laws of the United States or any state or territory thereof
25 or that is a misdemeanor of which an essential element is
26 dishonesty or that is directly related to the practice of

SB1585 Enrolled- 40 -LRB100 11277 SMS 21625 b
1 the profession.
2 (4) Making any misrepresentation for the purpose of
3 obtaining licenses.
4 (5) Professional incompetence.
5 (6) Aiding or assisting another person in violating any
6 provision of this Act or its rules.
7 (7) Failing, within 60 days, to provide information in
8 response to a written request made by the Department.
9 (8) Engaging in dishonorable, unethical, or
10 unprofessional conduct, as defined by rule, of a character
11 likely to deceive, defraud, or harm the public.
12 (9) Habitual or excessive use or addiction to alcohol,
13 narcotics, stimulants, or any other chemical agent or drug
14 that results in a physician assistant's inability to
15 practice with reasonable judgment, skill, or safety.
16 (10) Discipline by another U.S. jurisdiction or
17 foreign nation, if at least one of the grounds for
18 discipline is the same or substantially equivalent to those
19 set forth in this Section.
20 (11) Directly or indirectly giving to or receiving from
21 any person, firm, corporation, partnership, or association
22 any fee, commission, rebate or other form of compensation
23 for any professional services not actually or personally
24 rendered. Nothing in this paragraph (11) affects any bona
25 fide independent contractor or employment arrangements,
26 which may include provisions for compensation, health

SB1585 Enrolled- 41 -LRB100 11277 SMS 21625 b
1 insurance, pension, or other employment benefits, with
2 persons or entities authorized under this Act for the
3 provision of services within the scope of the licensee's
4 practice under this Act.
5 (12) A finding by the Disciplinary Board that the
6 licensee, after having his or her license placed on
7 probationary status has violated the terms of probation.
8 (13) Abandonment of a patient.
9 (14) Willfully making or filing false records or
10 reports in his or her practice, including but not limited
11 to false records filed with state agencies or departments.
12 (15) Willfully failing to report an instance of
13 suspected child abuse or neglect as required by the Abused
14 and Neglected Child Reporting Act.
15 (16) Physical illness, or mental illness or impairment
16 that results in the inability to practice the profession
17 with reasonable judgment, skill, or safety, including, but
18 not limited to, deterioration through the aging process or
19 loss of motor skill.
20 (17) Being named as a perpetrator in an indicated
21 report by the Department of Children and Family Services
22 under the Abused and Neglected Child Reporting Act, and
23 upon proof by clear and convincing evidence that the
24 licensee has caused a child to be an abused child or
25 neglected child as defined in the Abused and Neglected
26 Child Reporting Act.

SB1585 Enrolled- 42 -LRB100 11277 SMS 21625 b
1 (18) (Blank).
2 (19) Gross negligence resulting in permanent injury or
3 death of a patient.
4 (20) Employment of fraud, deception or any unlawful
5 means in applying for or securing a license as a physician
6 assistant.
7 (21) Exceeding the authority delegated to him or her by
8 his or her collaborating supervising physician in a written
9 collaborative supervision agreement.
10 (22) Immoral conduct in the commission of any act, such
11 as sexual abuse, sexual misconduct, or sexual exploitation
12 related to the licensee's practice.
13 (23) Violation of the Health Care Worker Self-Referral
14 Act.
15 (24) Practicing under a false or assumed name, except
16 as provided by law.
17 (25) Making a false or misleading statement regarding
18 his or her skill or the efficacy or value of the medicine,
19 treatment, or remedy prescribed by him or her in the course
20 of treatment.
21 (26) Allowing another person to use his or her license
22 to practice.
23 (27) Prescribing, selling, administering,
24 distributing, giving, or self-administering a drug
25 classified as a controlled substance (designated product)
26 or narcotic for other than medically-accepted therapeutic

SB1585 Enrolled- 43 -LRB100 11277 SMS 21625 b
1 purposes.
2 (28) Promotion of the sale of drugs, devices,
3 appliances, or goods provided for a patient in a manner to
4 exploit the patient for financial gain.
5 (29) A pattern of practice or other behavior that
6 demonstrates incapacity or incompetence to practice under
7 this Act.
8 (30) Violating State or federal laws or regulations
9 relating to controlled substances or other legend drugs or
10 ephedra as defined in the Ephedra Prohibition Act.
11 (31) Exceeding the prescriptive authority delegated by
12 the collaborating supervising physician or violating the
13 written collaborative supervision agreement delegating
14 that authority.
15 (32) Practicing without providing to the Department a
16 notice of collaboration supervision or delegation of
17 prescriptive authority.
18 (33) Failure to establish and maintain records of
19 patient care and treatment as required by law.
20 (34) Attempting to subvert or cheat on the examination
21 of the National Commission on Certification of Physician
22 Assistants or its successor agency.
23 (35) Willfully or negligently violating the
24 confidentiality between physician assistant and patient,
25 except as required by law.
26 (36) Willfully failing to report an instance of

SB1585 Enrolled- 44 -LRB100 11277 SMS 21625 b
1 suspected abuse, neglect, financial exploitation, or
2 self-neglect of an eligible adult as defined in and
3 required by the Adult Protective Services Act.
4 (37) Being named as an abuser in a verified report by
5 the Department on Aging under the Adult Protective Services
6 Act and upon proof by clear and convincing evidence that
7 the licensee abused, neglected, or financially exploited
8 an eligible adult as defined in the Adult Protective
9 Services Act.
10 (38) Failure to report to the Department an adverse
11 final action taken against him or her by another licensing
12 jurisdiction of the United States or a foreign state or
13 country, a peer review body, a health care institution, a
14 professional society or association, a governmental
15 agency, a law enforcement agency, or a court acts or
16 conduct similar to acts or conduct that would constitute
17 grounds for action under this Section.
18 (39) Failure to provide copies of records of patient
19 care or treatment, except as required by law.
20 (b) The Department may, without a hearing, refuse to issue
21or renew or may suspend the license of any person who fails to
22file a return, or to pay the tax, penalty or interest shown in
23a filed return, or to pay any final assessment of the tax,
24penalty, or interest as required by any tax Act administered by
25the Illinois Department of Revenue, until such time as the
26requirements of any such tax Act are satisfied.

SB1585 Enrolled- 45 -LRB100 11277 SMS 21625 b
1 (c) The determination by a circuit court that a licensee is
2subject to involuntary admission or judicial admission as
3provided in the Mental Health and Developmental Disabilities
4Code operates as an automatic suspension. The suspension will
5end only upon a finding by a court that the patient is no
6longer subject to involuntary admission or judicial admission
7and issues an order so finding and discharging the patient, and
8upon the recommendation of the Disciplinary Board to the
9Secretary that the licensee be allowed to resume his or her
10practice.
11 (d) In enforcing this Section, the Department upon a
12showing of a possible violation may compel an individual
13licensed to practice under this Act, or who has applied for
14licensure under this Act, to submit to a mental or physical
15examination, or both, which may include a substance abuse or
16sexual offender evaluation, as required by and at the expense
17of the Department.
18 The Department shall specifically designate the examining
19physician licensed to practice medicine in all of its branches
20or, if applicable, the multidisciplinary team involved in
21providing the mental or physical examination or both. The
22multidisciplinary team shall be led by a physician licensed to
23practice medicine in all of its branches and may consist of one
24or more or a combination of physicians licensed to practice
25medicine in all of its branches, licensed clinical
26psychologists, licensed clinical social workers, licensed

SB1585 Enrolled- 46 -LRB100 11277 SMS 21625 b
1clinical professional counselors, and other professional and
2administrative staff. Any examining physician or member of the
3multidisciplinary team may require any person ordered to submit
4to an examination pursuant to this Section to submit to any
5additional supplemental testing deemed necessary to complete
6any examination or evaluation process, including, but not
7limited to, blood testing, urinalysis, psychological testing,
8or neuropsychological testing.
9 The Department may order the examining physician or any
10member of the multidisciplinary team to provide to the
11Department any and all records, including business records,
12that relate to the examination and evaluation, including any
13supplemental testing performed.
14 The Department may order the examining physician or any
15member of the multidisciplinary team to present testimony
16concerning the mental or physical examination of the licensee
17or applicant. No information, report, record, or other
18documents in any way related to the examination shall be
19excluded by reason of any common law or statutory privilege
20relating to communications between the licensee or applicant
21and the examining physician or any member of the
22multidisciplinary team. No authorization is necessary from the
23licensee or applicant ordered to undergo an examination for the
24examining physician or any member of the multidisciplinary team
25to provide information, reports, records, or other documents or
26to provide any testimony regarding the examination and

SB1585 Enrolled- 47 -LRB100 11277 SMS 21625 b
1evaluation. The examining physicians shall be specifically
2designated by the Department.
3 The individual to be examined may have, at his or her own
4expense, another physician of his or her choice present during
5all aspects of this examination. However, that physician shall
6be present only to observe and may not interfere in any way
7with the examination.
8 Failure of an individual to submit to a mental or physical
9examination, when ordered directed, shall result in an
10automatic be grounds for suspension of his or her license until
11the individual submits to the examination if the Department
12finds, after notice and hearing, that the refusal to submit to
13the examination was without reasonable cause.
14 If the Department finds an individual unable to practice
15because of the reasons set forth in this Section, the
16Department may require that individual to submit to care,
17counseling, or treatment by physicians approved or designated
18by the Department, as a condition, term, or restriction for
19continued, reinstated, or renewed licensure to practice; or, in
20lieu of care, counseling, or treatment, the Department may file
21a complaint to immediately suspend, revoke, or otherwise
22discipline the license of the individual. An individual whose
23license was granted, continued, reinstated, renewed,
24disciplined, or supervised subject to such terms, conditions,
25or restrictions, and who fails to comply with such terms,
26conditions, or restrictions, shall be referred to the Secretary

SB1585 Enrolled- 48 -LRB100 11277 SMS 21625 b
1for a determination as to whether the individual shall have his
2or her license suspended immediately, pending a hearing by the
3Department.
4 In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that person's
6license must be convened by the Department within 30 days after
7the suspension and completed without appreciable delay. The
8Department shall have the authority to review the subject
9individual's record of treatment and counseling regarding the
10impairment to the extent permitted by applicable federal
11statutes and regulations safeguarding the confidentiality of
12medical records.
13 An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate to
15the Department that he or she can resume practice in compliance
16with acceptable and prevailing standards under the provisions
17of his or her license.
18 (e) An individual or organization acting in good faith, and
19not in a willful and wanton manner, in complying with this
20Section by providing a report or other information to the
21Board, by assisting in the investigation or preparation of a
22report or information, by participating in proceedings of the
23Board, or by serving as a member of the Board, shall not be
24subject to criminal prosecution or civil damages as a result of
25such actions.
26 (f) Members of the Board and the Disciplinary Board shall

SB1585 Enrolled- 49 -LRB100 11277 SMS 21625 b
1be indemnified by the State for any actions occurring within
2the scope of services on the Disciplinary Board or Board, done
3in good faith and not willful and wanton in nature. The
4Attorney General shall defend all such actions unless he or she
5determines either that there would be a conflict of interest in
6such representation or that the actions complained of were not
7in good faith or were willful and wanton.
8 If the Attorney General declines representation, the
9member has the right to employ counsel of his or her choice,
10whose fees shall be provided by the State, after approval by
11the Attorney General, unless there is a determination by a
12court that the member's actions were not in good faith or were
13willful and wanton.
14 The member must notify the Attorney General within 7 days
15after receipt of notice of the initiation of any action
16involving services of the Disciplinary Board. Failure to so
17notify the Attorney General constitutes an absolute waiver of
18the right to a defense and indemnification.
19 The Attorney General shall determine, within 7 days after
20receiving such notice, whether he or she will undertake to
21represent the member.
22(Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09;
2396-1482, eff. 11-29-10.)
24 (225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
25 (Section scheduled to be repealed on January 1, 2018)

SB1585 Enrolled- 50 -LRB100 11277 SMS 21625 b
1 Sec. 22.2. Investigation; notice; hearing. The Department
2may investigate the actions of any applicant or of any person
3or persons holding or claiming to hold a license. The
4Department shall, before suspending, revoking, placing on
5probationary status, or taking any other disciplinary action as
6the Department may deem proper with regard to any license, at
7least 30 days prior to the date set for the hearing, notify the
8applicant or licensee in writing of any charges made and the
9time and place for a hearing of the charges before the
10Disciplinary Board, direct him or her to file his or her
11written answer thereto to the Disciplinary Board under oath
12within 20 days after the service on him or her of such notice
13and inform him or her that if he or she fails to file such
14answer default will be taken against him or her and his or her
15license may be suspended, revoked, placed on probationary
16status, or have other disciplinary action, including limiting
17the scope, nature or extent of his or her practice, as the
18Department may deem proper taken with regard thereto. Written
19or electronic notice may be served by personal delivery, email,
20or certified or registered mail to the applicant or licensee at
21his or her last address of record or email address of record
22with the Department. At the time and place fixed in the notice,
23the Department shall proceed to hear the charges and the
24parties or their counsel shall be accorded ample opportunity to
25present such statements, testimony, evidence, and argument as
26may be pertinent to the charges or to the defense thereto. The

SB1585 Enrolled- 51 -LRB100 11277 SMS 21625 b
1Department may continue such hearing from time to time. In case
2the applicant or licensee, after receiving notice, fails to
3file an answer, his or her license may in the discretion of the
4Secretary, having received first the recommendation of the
5Disciplinary Board, be suspended, revoked, placed on
6probationary status, or the Secretary may take whatever
7disciplinary action as he or she may deem proper, including
8limiting the scope, nature, or extent of such person's
9practice, without a hearing, if the act or acts charged
10constitute sufficient grounds for such action under this Act.
11(Source: P.A. 95-703, eff. 12-31-07.)
12 (225 ILCS 95/22.6) (from Ch. 111, par. 4622.6)
13 (Section scheduled to be repealed on January 1, 2018)
14 Sec. 22.6. At the conclusion of the hearing, the
15Disciplinary Board shall present to the Secretary a written
16report of its findings of fact, conclusions of law, and
17recommendations. The report shall contain a finding whether or
18not the accused person violated this Act or failed to comply
19with the conditions required in this Act. The Disciplinary
20Board shall specify the nature of the violation or failure to
21comply, and shall make its recommendations to the Secretary.
22 The report of findings of fact, conclusions of law, and
23recommendation of the Disciplinary Board shall be the basis for
24the Department's order or refusal or for the granting of a
25license or permit. If the Secretary disagrees in any regard

SB1585 Enrolled- 52 -LRB100 11277 SMS 21625 b
1with the report of the Disciplinary Board, the Secretary may
2issue an order in contravention thereof. The Secretary shall
3provide a written report to the Disciplinary Board on any
4deviation, and shall specify with particularity the reasons for
5such action in the final order. The finding is not admissible
6in evidence against the person in a criminal prosecution
7brought for the violation of this Act, but the hearing and
8finding are not a bar to a criminal prosecution brought for the
9violation of this Act.
10(Source: P.A. 95-703, eff. 12-31-07.)
11 (225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
12 (Section scheduled to be repealed on January 1, 2018)
13 Sec. 22.7. Hearing officer. Notwithstanding the provisions
14of Section 22.2 of this Act, the Secretary shall have the
15authority to appoint any attorney duly licensed to practice law
16in the State of Illinois to serve as the hearing officer in any
17action for refusal to issue or renew, or for discipline of, a
18license. The Secretary shall notify the Disciplinary Board of
19any such appointment. The hearing officer shall have full
20authority to conduct the hearing. The hearing officer shall
21report his or her findings of fact, conclusions of law, and
22recommendations to the Disciplinary Board and the Secretary.
23The Disciplinary Board shall have 60 days from receipt of the
24report to review the report of the hearing officer and present
25their findings of fact, conclusions of law, and recommendations

SB1585 Enrolled- 53 -LRB100 11277 SMS 21625 b
1to the Secretary. If the Disciplinary Board fails to present
2its report within the 60-day 60 day period, the respondent may
3request in writing a direct appeal to the Secretary, in which
4case the Secretary may shall, within 7 calendar days after the
5request, issue an order directing the Disciplinary Board to
6issue its findings of fact, conclusions of law, and
7recommendations to the Secretary within 30 calendar days after
8such order. If the Disciplinary Board fails to issue its
9findings of fact, conclusions of law, and recommendations
10within that time frame to the Secretary after the entry of such
11order, the Secretary shall, within 30 calendar days thereafter,
12issue an order based upon the report of the hearing officer and
13the record of the proceedings or issue an order remanding the
14matter back to the hearing officer for additional proceedings
15in accordance with the order. If (i) a direct appeal is
16requested, (ii) the Disciplinary Board fails to issue its
17findings of fact, conclusions of law, and recommendations
18within the 30-day mandate from the Secretary or the Secretary
19fails to order the Disciplinary Board to do so, and (iii) the
20Secretary fails to issue an order within 30 calendar days
21thereafter, then the hearing officer's report is deemed
22accepted and a final decision of the Secretary. Notwithstanding
23any other provision of this Section, if the Secretary, upon
24review, determines that substantial justice has not been done
25in the revocation, suspension, or refusal to issue or renew a
26license or other disciplinary action taken as the result of the

SB1585 Enrolled- 54 -LRB100 11277 SMS 21625 b
1entry of the hearing officer's report, the Secretary may order
2a rehearing by the same or other examiners. If the Secretary
3disagrees in any regard with the report of the Disciplinary
4Board or hearing officer, he or she may issue an order in
5contravention thereof. The Secretary shall provide a written
6explanation to the Disciplinary Board on any such deviation,
7and shall specify with particularity the reasons for such
8action in the final order.
9(Source: P.A. 95-703, eff. 12-31-07.)
10 (225 ILCS 95/22.11) (from Ch. 111, par. 4622.11)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 22.11. Restoration of license. At any time after the
13successful completion of a term of probation, suspension, or
14revocation of any license, the Department may restore it to the
15licensee, unless after an investigation and a hearing, the
16Department determines that restoration is not in the public
17interest. Where circumstances of suspension or revocation so
18indicate, the Department may require an examination of the
19licensee prior to restoring his or her license. No person whose
20license has been revoked as authorized in this Act may apply
21for restoration of that license until such time as provided for
22in the Civil Administrative Code of Illinois.
23 A license that has been suspended or revoked shall be
24considered nonrenewed for purposes of restoration and a person
25restoring his or her license from suspension or revocation must

SB1585 Enrolled- 55 -LRB100 11277 SMS 21625 b
1comply with the requirements for restoration of a nonrenewed
2license as set forth in Section 16 of this Act and any related
3rules adopted.
4(Source: P.A. 90-61, eff. 12-30-97.)
5 (225 ILCS 95/22.14) (from Ch. 111, par. 4622.14)
6 (Section scheduled to be repealed on January 1, 2018)
7 Sec. 22.14. Administrative review; certification of
8record.
9 (a) All final administrative decisions of the Department
10are subject to judicial review pursuant to the provisions of
11the "Administrative Review Law", and all rules adopted pursuant
12thereto. The term "administrative decision" is defined as in
13Section 3-101 of the "Code of Civil Procedure".
14 (b) Proceedings for judicial review shall be commenced in
15the circuit court of the county in which the party applying for
16review resides; but if the party is not a resident of this
17State, venue shall be in Sangamon County.
18 (c) The Department shall not be required to certify any
19record to the court, to file an answer in court, or to
20otherwise appear in any court in a judicial review proceeding
21unless and until the Department has received from the plaintiff
22payment of the costs of furnishing and certifying the record,
23which costs shall be determined by the Department. Exhibits
24shall be certified without cost. Failure on the part of the
25plaintiff to file a receipt in court is grounds for dismissal

SB1585 Enrolled- 56 -LRB100 11277 SMS 21625 b
1of the action. During the pendency and hearing of any and all
2judicial proceedings incident to the disciplinary action the
3sanctions imposed upon the accused by the Department because of
4acts or omissions related to the delivery of direct patient
5care as specified in the Department's final administrative
6decision, shall, as a matter of public policy, remain in full
7force and effect in order to protect the public pending final
8resolution of any of the proceedings.
9(Source: P.A. 86-596.)
10 (225 ILCS 95/22.17 new)
11 Sec. 22.17. Confidentiality. All information collected by
12the Department in the course of an examination or investigation
13of a licensee or applicant, including, but not limited to, any
14complaint against a licensee filed with the Department and
15information collected to investigate any such complaint, shall
16be maintained for the confidential use of the Department and
17shall not be disclosed. The Department shall not disclose the
18information to anyone other than law enforcement officials,
19regulatory agencies that have an appropriate regulatory
20interest as determined by the Secretary, or a party presenting
21a lawful subpoena to the Department. Information and documents
22disclosed to a federal, State, county, or local law enforcement
23agency shall not be disclosed by the agency for any purpose to
24any other agency or person. A formal complaint filed against a
25licensee by the Department or any order issued by the

SB1585 Enrolled- 57 -LRB100 11277 SMS 21625 b
1Department against a licensee or applicant shall be a public
2record, except as otherwise prohibited by law.
3 (225 ILCS 95/23) (from Ch. 111, par. 4623)
4 (Section scheduled to be repealed on January 1, 2018)
5 Sec. 23. Home rule. It is declared to be the public policy
6of this State, pursuant to paragraphs (h) and (i) of Section 6
7of Article VII of the Illinois Constitution of 1970, that any
8power or function set forth in this Act to be exercised by the
9State is an exclusive State power or function. Such power or
10function shall not be exercised concurrently, either directly
11or indirectly, by any unit of local government, including home
12rule units, except as otherwise provided in this Act.
13(Source: P.A. 85-981.)
14 Section 15. The Illinois Public Aid Code is amended by
15changing Section 5-8 as follows:
16 (305 ILCS 5/5-8) (from Ch. 23, par. 5-8)
17 Sec. 5-8. Practitioners. In supplying medical assistance,
18the Illinois Department may provide for the legally authorized
19services of (i) persons licensed under the Medical Practice Act
20of 1987, as amended, except as hereafter in this Section
21stated, whether under a general or limited license, (ii)
22persons licensed under the Nurse Practice Act as advanced
23practice nurses, regardless of whether or not the persons have

SB1585 Enrolled- 58 -LRB100 11277 SMS 21625 b
1written collaborative agreements, (iii) persons licensed or
2registered under other laws of this State to provide dental,
3medical, pharmaceutical, optometric, podiatric, or nursing
4services, or other remedial care recognized under State law,
5and (iv) persons licensed under other laws of this State as a
6clinical social worker, and (v) persons licensed under other
7laws of this State as physician assistants. The Department
8shall adopt rules, no later than 90 days after the effective
9date of this amendatory Act of the 99th General Assembly, for
10the legally authorized services of persons licensed under other
11laws of this State as a clinical social worker. The Department
12may not provide for legally authorized services of any
13physician who has been convicted of having performed an
14abortion procedure in a wilful and wanton manner on a woman who
15was not pregnant at the time such abortion procedure was
16performed. The utilization of the services of persons engaged
17in the treatment or care of the sick, which persons are not
18required to be licensed or registered under the laws of this
19State, is not prohibited by this Section.
20(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17.)
21 Section 20. The Illinois Controlled Substances Act is
22amended by changing Sections 102 and 303.05 as follows:
23 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
24 Sec. 102. Definitions. As used in this Act, unless the

SB1585 Enrolled- 59 -LRB100 11277 SMS 21625 b
1context otherwise requires:
2 (a) "Addict" means any person who habitually uses any drug,
3chemical, substance or dangerous drug other than alcohol so as
4to endanger the public morals, health, safety or welfare or who
5is so far addicted to the use of a dangerous drug or controlled
6substance other than alcohol as to have lost the power of self
7control with reference to his or her addiction.
8 (b) "Administer" means the direct application of a
9controlled substance, whether by injection, inhalation,
10ingestion, or any other means, to the body of a patient,
11research subject, or animal (as defined by the Humane
12Euthanasia in Animal Shelters Act) by:
13 (1) a practitioner (or, in his or her presence, by his
14 or her authorized agent),
15 (2) the patient or research subject pursuant to an
16 order, or
17 (3) a euthanasia technician as defined by the Humane
18 Euthanasia in Animal Shelters Act.
19 (c) "Agent" means an authorized person who acts on behalf
20of or at the direction of a manufacturer, distributor,
21dispenser, prescriber, or practitioner. It does not include a
22common or contract carrier, public warehouseman or employee of
23the carrier or warehouseman.
24 (c-1) "Anabolic Steroids" means any drug or hormonal
25substance, chemically and pharmacologically related to
26testosterone (other than estrogens, progestins,

SB1585 Enrolled- 60 -LRB100 11277 SMS 21625 b
1corticosteroids, and dehydroepiandrosterone), and includes:
2 (i) 3[beta],17-dihydroxy-5a-androstane,
3 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
4 (iii) 5[alpha]-androstan-3,17-dione,
5 (iv) 1-androstenediol (3[beta],
6 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
7 (v) 1-androstenediol (3[alpha],
8 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
9 (vi) 4-androstenediol
10 (3[beta],17[beta]-dihydroxy-androst-4-ene),
11 (vii) 5-androstenediol
12 (3[beta],17[beta]-dihydroxy-androst-5-ene),
13 (viii) 1-androstenedione
14 ([5alpha]-androst-1-en-3,17-dione),
15 (ix) 4-androstenedione
16 (androst-4-en-3,17-dione),
17 (x) 5-androstenedione
18 (androst-5-en-3,17-dione),
19 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
20 hydroxyandrost-4-en-3-one),
21 (xii) boldenone (17[beta]-hydroxyandrost-
22 1,4,-diene-3-one),
23 (xiii) boldione (androsta-1,4-
24 diene-3,17-dione),
25 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17
26 [beta]-hydroxyandrost-4-en-3-one),

SB1585 Enrolled- 61 -LRB100 11277 SMS 21625 b
1 (xv) clostebol (4-chloro-17[beta]-
2 hydroxyandrost-4-en-3-one),
3 (xvi) dehydrochloromethyltestosterone (4-chloro-
4 17[beta]-hydroxy-17[alpha]-methyl-
5 androst-1,4-dien-3-one),
6 (xvii) desoxymethyltestosterone
7 (17[alpha]-methyl-5[alpha]
8 -androst-2-en-17[beta]-ol)(a.k.a., madol),
9 (xviii) [delta]1-dihydrotestosterone (a.k.a.
10 '1-testosterone') (17[beta]-hydroxy-
11 5[alpha]-androst-1-en-3-one),
12 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-
13 androstan-3-one),
14 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
15 5[alpha]-androstan-3-one),
16 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
17 hydroxyestr-4-ene),
18 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
19 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
20 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
21 17[beta]-dihydroxyandrost-1,4-dien-3-one),
22 (xxiv) furazabol (17[alpha]-methyl-17[beta]-
23 hydroxyandrostano[2,3-c]-furazan),
24 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
25 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
26 androst-4-en-3-one),

SB1585 Enrolled- 62 -LRB100 11277 SMS 21625 b
1 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
2 dihydroxy-estr-4-en-3-one),
3 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-
4 hydroxy-5-androstan-3-one),
5 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-
6 [5a]-androstan-3-one),
7 (xxx) methandienone (17[alpha]-methyl-17[beta]-
8 hydroxyandrost-1,4-dien-3-one),
9 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
10 dihydroxyandrost-5-ene),
11 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-
12 5[alpha]-androst-1-en-3-one),
13 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
14 dihydroxy-5a-androstane),
15 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
16 -5a-androstane),
17 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-
18 dihydroxyandrost-4-ene),
19 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
20 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
21 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
22 hydroxyestra-4,9(10)-dien-3-one),
23 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
24 hydroxyestra-4,9-11-trien-3-one),
25 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
26 hydroxyandrost-4-en-3-one),

SB1585 Enrolled- 63 -LRB100 11277 SMS 21625 b
1 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
2 hydroxyestr-4-en-3-one),
3 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
4 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
5 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
6 1-testosterone'),
7 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
8 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
9 dihydroxyestr-4-ene),
10 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
11 dihydroxyestr-4-ene),
12 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
13 dihydroxyestr-5-ene),
14 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
15 dihydroxyestr-5-ene),
16 (xlvii) 19-nor-4,9(10)-androstadienedione
17 (estra-4,9(10)-diene-3,17-dione),
18 (xlviii) 19-nor-4-androstenedione (estr-4-
19 en-3,17-dione),
20 (xlix) 19-nor-5-androstenedione (estr-5-
21 en-3,17-dione),
22 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-
23 hydroxygon-4-en-3-one),
24 (li) norclostebol (4-chloro-17[beta]-
25 hydroxyestr-4-en-3-one),
26 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-

SB1585 Enrolled- 64 -LRB100 11277 SMS 21625 b
1 hydroxyestr-4-en-3-one),
2 (liii) normethandrolone (17[alpha]-methyl-17[beta]-
3 hydroxyestr-4-en-3-one),
4 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
5 2-oxa-5[alpha]-androstan-3-one),
6 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
7 dihydroxyandrost-4-en-3-one),
8 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
9 17[beta]-hydroxy-(5[alpha]-androstan-3-one),
10 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
11 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),
12 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-
13 (5[alpha]-androst-1-en-3-one),
14 (lix) testolactone (13-hydroxy-3-oxo-13,17-
15 secoandrosta-1,4-dien-17-oic
16 acid lactone),
17 (lx) testosterone (17[beta]-hydroxyandrost-
18 4-en-3-one),
19 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
20 diethyl-17[beta]-hydroxygon-
21 4,9,11-trien-3-one),
22 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,
23 11-trien-3-one).
24 Any person who is otherwise lawfully in possession of an
25anabolic steroid, or who otherwise lawfully manufactures,
26distributes, dispenses, delivers, or possesses with intent to

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1deliver an anabolic steroid, which anabolic steroid is
2expressly intended for and lawfully allowed to be administered
3through implants to livestock or other nonhuman species, and
4which is approved by the Secretary of Health and Human Services
5for such administration, and which the person intends to
6administer or have administered through such implants, shall
7not be considered to be in unauthorized possession or to
8unlawfully manufacture, distribute, dispense, deliver, or
9possess with intent to deliver such anabolic steroid for
10purposes of this Act.
11 (d) "Administration" means the Drug Enforcement
12Administration, United States Department of Justice, or its
13successor agency.
14 (d-5) "Clinical Director, Prescription Monitoring Program"
15means a Department of Human Services administrative employee
16licensed to either prescribe or dispense controlled substances
17who shall run the clinical aspects of the Department of Human
18Services Prescription Monitoring Program and its Prescription
19Information Library.
20 (d-10) "Compounding" means the preparation and mixing of
21components, excluding flavorings, (1) as the result of a
22prescriber's prescription drug order or initiative based on the
23prescriber-patient-pharmacist relationship in the course of
24professional practice or (2) for the purpose of, or incident
25to, research, teaching, or chemical analysis and not for sale
26or dispensing. "Compounding" includes the preparation of drugs

SB1585 Enrolled- 66 -LRB100 11277 SMS 21625 b
1or devices in anticipation of receiving prescription drug
2orders based on routine, regularly observed dispensing
3patterns. Commercially available products may be compounded
4for dispensing to individual patients only if both of the
5following conditions are met: (i) the commercial product is not
6reasonably available from normal distribution channels in a
7timely manner to meet the patient's needs and (ii) the
8prescribing practitioner has requested that the drug be
9compounded.
10 (e) "Control" means to add a drug or other substance, or
11immediate precursor, to a Schedule whether by transfer from
12another Schedule or otherwise.
13 (f) "Controlled Substance" means (i) a drug, substance,
14immediate precursor, or synthetic drug in the Schedules of
15Article II of this Act or (ii) a drug or other substance, or
16immediate precursor, designated as a controlled substance by
17the Department through administrative rule. The term does not
18include distilled spirits, wine, malt beverages, or tobacco, as
19those terms are defined or used in the Liquor Control Act of
201934 and the Tobacco Products Tax Act of 1995.
21 (f-5) "Controlled substance analog" means a substance:
22 (1) the chemical structure of which is substantially
23 similar to the chemical structure of a controlled substance
24 in Schedule I or II;
25 (2) which has a stimulant, depressant, or
26 hallucinogenic effect on the central nervous system that is

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1 substantially similar to or greater than the stimulant,
2 depressant, or hallucinogenic effect on the central
3 nervous system of a controlled substance in Schedule I or
4 II; or
5 (3) with respect to a particular person, which such
6 person represents or intends to have a stimulant,
7 depressant, or hallucinogenic effect on the central
8 nervous system that is substantially similar to or greater
9 than the stimulant, depressant, or hallucinogenic effect
10 on the central nervous system of a controlled substance in
11 Schedule I or II.
12 (g) "Counterfeit substance" means a controlled substance,
13which, or the container or labeling of which, without
14authorization bears the trademark, trade name, or other
15identifying mark, imprint, number or device, or any likeness
16thereof, of a manufacturer, distributor, or dispenser other
17than the person who in fact manufactured, distributed, or
18dispensed the substance.
19 (h) "Deliver" or "delivery" means the actual, constructive
20or attempted transfer of possession of a controlled substance,
21with or without consideration, whether or not there is an
22agency relationship.
23 (i) "Department" means the Illinois Department of Human
24Services (as successor to the Department of Alcoholism and
25Substance Abuse) or its successor agency.
26 (j) (Blank).

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1 (k) "Department of Corrections" means the Department of
2Corrections of the State of Illinois or its successor agency.
3 (l) "Department of Financial and Professional Regulation"
4means the Department of Financial and Professional Regulation
5of the State of Illinois or its successor agency.
6 (m) "Depressant" means any drug that (i) causes an overall
7depression of central nervous system functions, (ii) causes
8impaired consciousness and awareness, and (iii) can be
9habit-forming or lead to a substance abuse problem, including
10but not limited to alcohol, cannabis and its active principles
11and their analogs, benzodiazepines and their analogs,
12barbiturates and their analogs, opioids (natural and
13synthetic) and their analogs, and chloral hydrate and similar
14sedative hypnotics.
15 (n) (Blank).
16 (o) "Director" means the Director of the Illinois State
17Police or his or her designated agents.
18 (p) "Dispense" means to deliver a controlled substance to
19an ultimate user or research subject by or pursuant to the
20lawful order of a prescriber, including the prescribing,
21administering, packaging, labeling, or compounding necessary
22to prepare the substance for that delivery.
23 (q) "Dispenser" means a practitioner who dispenses.
24 (r) "Distribute" means to deliver, other than by
25administering or dispensing, a controlled substance.
26 (s) "Distributor" means a person who distributes.

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1 (t) "Drug" means (1) substances recognized as drugs in the
2official United States Pharmacopoeia, Official Homeopathic
3Pharmacopoeia of the United States, or official National
4Formulary, or any supplement to any of them; (2) substances
5intended for use in diagnosis, cure, mitigation, treatment, or
6prevention of disease in man or animals; (3) substances (other
7than food) intended to affect the structure of any function of
8the body of man or animals and (4) substances intended for use
9as a component of any article specified in clause (1), (2), or
10(3) of this subsection. It does not include devices or their
11components, parts, or accessories.
12 (t-3) "Electronic health record" or "EHR" means an
13electronic record of health-related information on an
14individual that is created, gathered, managed, and consulted by
15authorized health care clinicians and staff.
16 (t-5) "Euthanasia agency" means an entity certified by the
17Department of Financial and Professional Regulation for the
18purpose of animal euthanasia that holds an animal control
19facility license or animal shelter license under the Animal
20Welfare Act. A euthanasia agency is authorized to purchase,
21store, possess, and utilize Schedule II nonnarcotic and
22Schedule III nonnarcotic drugs for the sole purpose of animal
23euthanasia.
24 (t-10) "Euthanasia drugs" means Schedule II or Schedule III
25substances (nonnarcotic controlled substances) that are used
26by a euthanasia agency for the purpose of animal euthanasia.

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1 (u) "Good faith" means the prescribing or dispensing of a
2controlled substance by a practitioner in the regular course of
3professional treatment to or for any person who is under his or
4her treatment for a pathology or condition other than that
5individual's physical or psychological dependence upon or
6addiction to a controlled substance, except as provided herein:
7and application of the term to a pharmacist shall mean the
8dispensing of a controlled substance pursuant to the
9prescriber's order which in the professional judgment of the
10pharmacist is lawful. The pharmacist shall be guided by
11accepted professional standards including, but not limited to
12the following, in making the judgment:
13 (1) lack of consistency of prescriber-patient
14 relationship,
15 (2) frequency of prescriptions for same drug by one
16 prescriber for large numbers of patients,
17 (3) quantities beyond those normally prescribed,
18 (4) unusual dosages (recognizing that there may be
19 clinical circumstances where more or less than the usual
20 dose may be used legitimately),
21 (5) unusual geographic distances between patient,
22 pharmacist and prescriber,
23 (6) consistent prescribing of habit-forming drugs.
24 (u-0.5) "Hallucinogen" means a drug that causes markedly
25altered sensory perception leading to hallucinations of any
26type.

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1 (u-1) "Home infusion services" means services provided by a
2pharmacy in compounding solutions for direct administration to
3a patient in a private residence, long-term care facility, or
4hospice setting by means of parenteral, intravenous,
5intramuscular, subcutaneous, or intraspinal infusion.
6 (u-5) "Illinois State Police" means the State Police of the
7State of Illinois, or its successor agency.
8 (v) "Immediate precursor" means a substance:
9 (1) which the Department has found to be and by rule
10 designated as being a principal compound used, or produced
11 primarily for use, in the manufacture of a controlled
12 substance;
13 (2) which is an immediate chemical intermediary used or
14 likely to be used in the manufacture of such controlled
15 substance; and
16 (3) the control of which is necessary to prevent,
17 curtail or limit the manufacture of such controlled
18 substance.
19 (w) "Instructional activities" means the acts of teaching,
20educating or instructing by practitioners using controlled
21substances within educational facilities approved by the State
22Board of Education or its successor agency.
23 (x) "Local authorities" means a duly organized State,
24County or Municipal peace unit or police force.
25 (y) "Look-alike substance" means a substance, other than a
26controlled substance which (1) by overall dosage unit

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1appearance, including shape, color, size, markings or lack
2thereof, taste, consistency, or any other identifying physical
3characteristic of the substance, would lead a reasonable person
4to believe that the substance is a controlled substance, or (2)
5is expressly or impliedly represented to be a controlled
6substance or is distributed under circumstances which would
7lead a reasonable person to believe that the substance is a
8controlled substance. For the purpose of determining whether
9the representations made or the circumstances of the
10distribution would lead a reasonable person to believe the
11substance to be a controlled substance under this clause (2) of
12subsection (y), the court or other authority may consider the
13following factors in addition to any other factor that may be
14relevant:
15 (a) statements made by the owner or person in control
16 of the substance concerning its nature, use or effect;
17 (b) statements made to the buyer or recipient that the
18 substance may be resold for profit;
19 (c) whether the substance is packaged in a manner
20 normally used for the illegal distribution of controlled
21 substances;
22 (d) whether the distribution or attempted distribution
23 included an exchange of or demand for money or other
24 property as consideration, and whether the amount of the
25 consideration was substantially greater than the
26 reasonable retail market value of the substance.

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1 Clause (1) of this subsection (y) shall not apply to a
2noncontrolled substance in its finished dosage form that was
3initially introduced into commerce prior to the initial
4introduction into commerce of a controlled substance in its
5finished dosage form which it may substantially resemble.
6 Nothing in this subsection (y) prohibits the dispensing or
7distributing of noncontrolled substances by persons authorized
8to dispense and distribute controlled substances under this
9Act, provided that such action would be deemed to be carried
10out in good faith under subsection (u) if the substances
11involved were controlled substances.
12 Nothing in this subsection (y) or in this Act prohibits the
13manufacture, preparation, propagation, compounding,
14processing, packaging, advertising or distribution of a drug or
15drugs by any person registered pursuant to Section 510 of the
16Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
17 (y-1) "Mail-order pharmacy" means a pharmacy that is
18located in a state of the United States that delivers,
19dispenses or distributes, through the United States Postal
20Service or other common carrier, to Illinois residents, any
21substance which requires a prescription.
22 (z) "Manufacture" means the production, preparation,
23propagation, compounding, conversion or processing of a
24controlled substance other than methamphetamine, either
25directly or indirectly, by extraction from substances of
26natural origin, or independently by means of chemical

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1synthesis, or by a combination of extraction and chemical
2synthesis, and includes any packaging or repackaging of the
3substance or labeling of its container, except that this term
4does not include:
5 (1) by an ultimate user, the preparation or compounding
6 of a controlled substance for his or her own use; or
7 (2) by a practitioner, or his or her authorized agent
8 under his or her supervision, the preparation,
9 compounding, packaging, or labeling of a controlled
10 substance:
11 (a) as an incident to his or her administering or
12 dispensing of a controlled substance in the course of
13 his or her professional practice; or
14 (b) as an incident to lawful research, teaching or
15 chemical analysis and not for sale.
16 (z-1) (Blank).
17 (z-5) "Medication shopping" means the conduct prohibited
18under subsection (a) of Section 314.5 of this Act.
19 (z-10) "Mid-level practitioner" means (i) a physician
20assistant who has been delegated authority to prescribe through
21a written delegation of authority by a physician licensed to
22practice medicine in all of its branches, in accordance with
23Section 7.5 of the Physician Assistant Practice Act of 1987,
24(ii) an advanced practice nurse who has been delegated
25authority to prescribe through a written delegation of
26authority by a physician licensed to practice medicine in all

SB1585 Enrolled- 75 -LRB100 11277 SMS 21625 b
1of its branches or by a podiatric physician, in accordance with
2Section 65-40 of the Nurse Practice Act, (iii) an advanced
3practice nurse certified as a nurse practitioner, nurse
4midwife, or clinical nurse specialist who has been granted
5authority to prescribe by a hospital affiliate in accordance
6with Section 65-45 of the Nurse Practice Act, (iv) an animal
7euthanasia agency, or (v) a prescribing psychologist.
8 (aa) "Narcotic drug" means any of the following, whether
9produced directly or indirectly by extraction from substances
10of vegetable origin, or independently by means of chemical
11synthesis, or by a combination of extraction and chemical
12synthesis:
13 (1) opium, opiates, derivatives of opium and opiates,
14 including their isomers, esters, ethers, salts, and salts
15 of isomers, esters, and ethers, whenever the existence of
16 such isomers, esters, ethers, and salts is possible within
17 the specific chemical designation; however the term
18 "narcotic drug" does not include the isoquinoline
19 alkaloids of opium;
20 (2) (blank);
21 (3) opium poppy and poppy straw;
22 (4) coca leaves, except coca leaves and extracts of
23 coca leaves from which substantially all of the cocaine and
24 ecgonine, and their isomers, derivatives and salts, have
25 been removed;
26 (5) cocaine, its salts, optical and geometric isomers,

SB1585 Enrolled- 76 -LRB100 11277 SMS 21625 b
1 and salts of isomers;
2 (6) ecgonine, its derivatives, their salts, isomers,
3 and salts of isomers;
4 (7) any compound, mixture, or preparation which
5 contains any quantity of any of the substances referred to
6 in subparagraphs (1) through (6).
7 (bb) "Nurse" means a registered nurse licensed under the
8Nurse Practice Act.
9 (cc) (Blank).
10 (dd) "Opiate" means any substance having an addiction
11forming or addiction sustaining liability similar to morphine
12or being capable of conversion into a drug having addiction
13forming or addiction sustaining liability.
14 (ee) "Opium poppy" means the plant of the species Papaver
15somniferum L., except its seeds.
16 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
17solution or other liquid form of medication intended for
18administration by mouth, but the term does not include a form
19of medication intended for buccal, sublingual, or transmucosal
20administration.
21 (ff) "Parole and Pardon Board" means the Parole and Pardon
22Board of the State of Illinois or its successor agency.
23 (gg) "Person" means any individual, corporation,
24mail-order pharmacy, government or governmental subdivision or
25agency, business trust, estate, trust, partnership or
26association, or any other entity.

SB1585 Enrolled- 77 -LRB100 11277 SMS 21625 b
1 (hh) "Pharmacist" means any person who holds a license or
2certificate of registration as a registered pharmacist, a local
3registered pharmacist or a registered assistant pharmacist
4under the Pharmacy Practice Act.
5 (ii) "Pharmacy" means any store, ship or other place in
6which pharmacy is authorized to be practiced under the Pharmacy
7Practice Act.
8 (ii-5) "Pharmacy shopping" means the conduct prohibited
9under subsection (b) of Section 314.5 of this Act.
10 (ii-10) "Physician" (except when the context otherwise
11requires) means a person licensed to practice medicine in all
12of its branches.
13 (jj) "Poppy straw" means all parts, except the seeds, of
14the opium poppy, after mowing.
15 (kk) "Practitioner" means a physician licensed to practice
16medicine in all its branches, dentist, optometrist, podiatric
17physician, veterinarian, scientific investigator, pharmacist,
18physician assistant, advanced practice nurse, licensed
19practical nurse, registered nurse, hospital, laboratory, or
20pharmacy, or other person licensed, registered, or otherwise
21lawfully permitted by the United States or this State to
22distribute, dispense, conduct research with respect to,
23administer or use in teaching or chemical analysis, a
24controlled substance in the course of professional practice or
25research.
26 (ll) "Pre-printed prescription" means a written

SB1585 Enrolled- 78 -LRB100 11277 SMS 21625 b
1prescription upon which the designated drug has been indicated
2prior to the time of issuance; the term does not mean a written
3prescription that is individually generated by machine or
4computer in the prescriber's office.
5 (mm) "Prescriber" means a physician licensed to practice
6medicine in all its branches, dentist, optometrist,
7prescribing psychologist licensed under Section 4.2 of the
8Clinical Psychologist Licensing Act with prescriptive
9authority delegated under Section 4.3 of the Clinical
10Psychologist Licensing Act, podiatric physician, or
11veterinarian who issues a prescription, a physician assistant
12who issues a prescription for a controlled substance in
13accordance with Section 303.05, a written delegation, and a
14written collaborative supervision agreement required under
15Section 7.5 of the Physician Assistant Practice Act of 1987, an
16advanced practice nurse with prescriptive authority delegated
17under Section 65-40 of the Nurse Practice Act and in accordance
18with Section 303.05, a written delegation, and a written
19collaborative agreement under Section 65-35 of the Nurse
20Practice Act, or an advanced practice nurse certified as a
21nurse practitioner, nurse midwife, or clinical nurse
22specialist who has been granted authority to prescribe by a
23hospital affiliate in accordance with Section 65-45 of the
24Nurse Practice Act and in accordance with Section 303.05.
25 (nn) "Prescription" means a written, facsimile, or oral
26order, or an electronic order that complies with applicable

SB1585 Enrolled- 79 -LRB100 11277 SMS 21625 b
1federal requirements, of a physician licensed to practice
2medicine in all its branches, dentist, podiatric physician or
3veterinarian for any controlled substance, of an optometrist in
4accordance with Section 15.1 of the Illinois Optometric
5Practice Act of 1987, of a prescribing psychologist licensed
6under Section 4.2 of the Clinical Psychologist Licensing Act
7with prescriptive authority delegated under Section 4.3 of the
8Clinical Psychologist Licensing Act, of a physician assistant
9for a controlled substance in accordance with Section 303.05, a
10written delegation, and a written collaborative supervision
11agreement required under Section 7.5 of the Physician Assistant
12Practice Act of 1987, of an advanced practice nurse with
13prescriptive authority delegated under Section 65-40 of the
14Nurse Practice Act who issues a prescription for a controlled
15substance in accordance with Section 303.05, a written
16delegation, and a written collaborative agreement under
17Section 65-35 of the Nurse Practice Act, or of an advanced
18practice nurse certified as a nurse practitioner, nurse
19midwife, or clinical nurse specialist who has been granted
20authority to prescribe by a hospital affiliate in accordance
21with Section 65-45 of the Nurse Practice Act and in accordance
22with Section 303.05 when required by law.
23 (nn-5) "Prescription Information Library" (PIL) means an
24electronic library that contains reported controlled substance
25data.
26 (nn-10) "Prescription Monitoring Program" (PMP) means the

SB1585 Enrolled- 80 -LRB100 11277 SMS 21625 b
1entity that collects, tracks, and stores reported data on
2controlled substances and select drugs pursuant to Section 316.
3 (oo) "Production" or "produce" means manufacture,
4planting, cultivating, growing, or harvesting of a controlled
5substance other than methamphetamine.
6 (pp) "Registrant" means every person who is required to
7register under Section 302 of this Act.
8 (qq) "Registry number" means the number assigned to each
9person authorized to handle controlled substances under the
10laws of the United States and of this State.
11 (qq-5) "Secretary" means, as the context requires, either
12the Secretary of the Department or the Secretary of the
13Department of Financial and Professional Regulation, and the
14Secretary's designated agents.
15 (rr) "State" includes the State of Illinois and any state,
16district, commonwealth, territory, insular possession thereof,
17and any area subject to the legal authority of the United
18States of America.
19 (rr-5) "Stimulant" means any drug that (i) causes an
20overall excitation of central nervous system functions, (ii)
21causes impaired consciousness and awareness, and (iii) can be
22habit-forming or lead to a substance abuse problem, including
23but not limited to amphetamines and their analogs,
24methylphenidate and its analogs, cocaine, and phencyclidine
25and its analogs.
26 (ss) "Ultimate user" means a person who lawfully possesses

SB1585 Enrolled- 81 -LRB100 11277 SMS 21625 b
1a controlled substance for his or her own use or for the use of
2a member of his or her household or for administering to an
3animal owned by him or her or by a member of his or her
4household.
5(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
698-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.
77-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,
8eff. 9-9-15; 99-642, eff. 7-28-16.)
9 (720 ILCS 570/303.05)
10 Sec. 303.05. Mid-level practitioner registration.
11 (a) The Department of Financial and Professional
12Regulation shall register licensed physician assistants,
13licensed advanced practice nurses, and prescribing
14psychologists licensed under Section 4.2 of the Clinical
15Psychologist Licensing Act to prescribe and dispense
16controlled substances under Section 303 and euthanasia
17agencies to purchase, store, or administer animal euthanasia
18drugs under the following circumstances:
19 (1) with respect to physician assistants,
20 (A) the physician assistant has been delegated
21 written authority to prescribe any Schedule III
22 through V controlled substances by a physician
23 licensed to practice medicine in all its branches in
24 accordance with Section 7.5 of the Physician Assistant
25 Practice Act of 1987; and the physician assistant has

SB1585 Enrolled- 82 -LRB100 11277 SMS 21625 b
1 completed the appropriate application forms and has
2 paid the required fees as set by rule; or
3 (B) the physician assistant has been delegated
4 authority by a collaborating supervising physician
5 licensed to practice medicine in all its branches to
6 prescribe or dispense Schedule II controlled
7 substances through a written delegation of authority
8 and under the following conditions:
9 (i) Specific Schedule II controlled substances
10 by oral dosage or topical or transdermal
11 application may be delegated, provided that the
12 delegated Schedule II controlled substances are
13 routinely prescribed by the collaborating
14 supervising physician. This delegation must
15 identify the specific Schedule II controlled
16 substances by either brand name or generic name.
17 Schedule II controlled substances to be delivered
18 by injection or other route of administration may
19 not be delegated;
20 (ii) any delegation must be of controlled
21 substances prescribed by the collaborating
22 supervising physician;
23 (iii) all prescriptions must be limited to no
24 more than a 30-day supply, with any continuation
25 authorized only after prior approval of the
26 collaborating supervising physician;

SB1585 Enrolled- 83 -LRB100 11277 SMS 21625 b
1 (iv) the physician assistant must discuss the
2 condition of any patients for whom a controlled
3 substance is prescribed monthly with the
4 delegating physician;
5 (v) the physician assistant must have
6 completed the appropriate application forms and
7 paid the required fees as set by rule;
8 (vi) the physician assistant must provide
9 evidence of satisfactory completion of 45 contact
10 hours in pharmacology from any physician assistant
11 program accredited by the Accreditation Review
12 Commission on Education for the Physician
13 Assistant (ARC-PA), or its predecessor agency, for
14 any new license issued with Schedule II authority
15 after the effective date of this amendatory Act of
16 the 97th General Assembly; and
17 (vii) the physician assistant must annually
18 complete at least 5 hours of continuing education
19 in pharmacology;
20 (2) with respect to advanced practice nurses,
21 (A) the advanced practice nurse has been delegated
22 authority to prescribe any Schedule III through V
23 controlled substances by a collaborating physician
24 licensed to practice medicine in all its branches or a
25 collaborating podiatric physician in accordance with
26 Section 65-40 of the Nurse Practice Act. The advanced

SB1585 Enrolled- 84 -LRB100 11277 SMS 21625 b
1 practice nurse has completed the appropriate
2 application forms and has paid the required fees as set
3 by rule; or
4 (B) the advanced practice nurse has been delegated
5 authority by a collaborating physician licensed to
6 practice medicine in all its branches or collaborating
7 podiatric physician to prescribe or dispense Schedule
8 II controlled substances through a written delegation
9 of authority and under the following conditions:
10 (i) specific Schedule II controlled substances
11 by oral dosage or topical or transdermal
12 application may be delegated, provided that the
13 delegated Schedule II controlled substances are
14 routinely prescribed by the collaborating
15 physician or podiatric physician. This delegation
16 must identify the specific Schedule II controlled
17 substances by either brand name or generic name.
18 Schedule II controlled substances to be delivered
19 by injection or other route of administration may
20 not be delegated;
21 (ii) any delegation must be of controlled
22 substances prescribed by the collaborating
23 physician or podiatric physician;
24 (iii) all prescriptions must be limited to no
25 more than a 30-day supply, with any continuation
26 authorized only after prior approval of the

SB1585 Enrolled- 85 -LRB100 11277 SMS 21625 b
1 collaborating physician or podiatric physician;
2 (iv) the advanced practice nurse must discuss
3 the condition of any patients for whom a controlled
4 substance is prescribed monthly with the
5 delegating physician or podiatric physician or in
6 the course of review as required by Section 65-40
7 of the Nurse Practice Act;
8 (v) the advanced practice nurse must have
9 completed the appropriate application forms and
10 paid the required fees as set by rule;
11 (vi) the advanced practice nurse must provide
12 evidence of satisfactory completion of at least 45
13 graduate contact hours in pharmacology for any new
14 license issued with Schedule II authority after
15 the effective date of this amendatory Act of the
16 97th General Assembly; and
17 (vii) the advanced practice nurse must
18 annually complete 5 hours of continuing education
19 in pharmacology;
20 (2.5) with respect to advanced practice nurses
21 certified as nurse practitioners, nurse midwives, or
22 clinical nurse specialists practicing in a hospital
23 affiliate,
24 (A) the advanced practice nurse certified as a
25 nurse practitioner, nurse midwife, or clinical nurse
26 specialist has been granted authority to prescribe any

SB1585 Enrolled- 86 -LRB100 11277 SMS 21625 b
1 Schedule II through V controlled substances by the
2 hospital affiliate upon the recommendation of the
3 appropriate physician committee of the hospital
4 affiliate in accordance with Section 65-45 of the Nurse
5 Practice Act, has completed the appropriate
6 application forms, and has paid the required fees as
7 set by rule; and
8 (B) an advanced practice nurse certified as a nurse
9 practitioner, nurse midwife, or clinical nurse
10 specialist has been granted authority to prescribe any
11 Schedule II controlled substances by the hospital
12 affiliate upon the recommendation of the appropriate
13 physician committee of the hospital affiliate, then
14 the following conditions must be met:
15 (i) specific Schedule II controlled substances
16 by oral dosage or topical or transdermal
17 application may be designated, provided that the
18 designated Schedule II controlled substances are
19 routinely prescribed by advanced practice nurses
20 in their area of certification; this grant of
21 authority must identify the specific Schedule II
22 controlled substances by either brand name or
23 generic name; authority to prescribe or dispense
24 Schedule II controlled substances to be delivered
25 by injection or other route of administration may
26 not be granted;

SB1585 Enrolled- 87 -LRB100 11277 SMS 21625 b
1 (ii) any grant of authority must be controlled
2 substances limited to the practice of the advanced
3 practice nurse;
4 (iii) any prescription must be limited to no
5 more than a 30-day supply;
6 (iv) the advanced practice nurse must discuss
7 the condition of any patients for whom a controlled
8 substance is prescribed monthly with the
9 appropriate physician committee of the hospital
10 affiliate or its physician designee; and
11 (v) the advanced practice nurse must meet the
12 education requirements of this Section;
13 (3) with respect to animal euthanasia agencies, the
14 euthanasia agency has obtained a license from the
15 Department of Financial and Professional Regulation and
16 obtained a registration number from the Department; or
17 (4) with respect to prescribing psychologists, the
18 prescribing psychologist has been delegated authority to
19 prescribe any nonnarcotic Schedule III through V
20 controlled substances by a collaborating physician
21 licensed to practice medicine in all its branches in
22 accordance with Section 4.3 of the Clinical Psychologist
23 Licensing Act, and the prescribing psychologist has
24 completed the appropriate application forms and has paid
25 the required fees as set by rule.
26 (b) The mid-level practitioner shall only be licensed to

SB1585 Enrolled- 88 -LRB100 11277 SMS 21625 b
1prescribe those schedules of controlled substances for which a
2licensed physician or licensed podiatric physician has
3delegated prescriptive authority, except that an animal
4euthanasia agency does not have any prescriptive authority. A
5physician assistant and an advanced practice nurse are
6prohibited from prescribing medications and controlled
7substances not set forth in the required written delegation of
8authority.
9 (c) Upon completion of all registration requirements,
10physician assistants, advanced practice nurses, and animal
11euthanasia agencies may be issued a mid-level practitioner
12controlled substances license for Illinois.
13 (d) A collaborating physician or podiatric physician may,
14but is not required to, delegate prescriptive authority to an
15advanced practice nurse as part of a written collaborative
16agreement, and the delegation of prescriptive authority shall
17conform to the requirements of Section 65-40 of the Nurse
18Practice Act.
19 (e) A collaborating supervising physician may, but is not
20required to, delegate prescriptive authority to a physician
21assistant as part of a written collaborative supervision
22agreement, and the delegation of prescriptive authority shall
23conform to the requirements of Section 7.5 of the Physician
24Assistant Practice Act of 1987.
25 (f) Nothing in this Section shall be construed to prohibit
26generic substitution.

SB1585 Enrolled- 89 -LRB100 11277 SMS 21625 b
1(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;
299-173, eff. 7-29-15.)
3 Section 99. Effective date. This Act takes effect upon
4becoming law.
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