|
Sen. Javier L. Cervantes
Filed: 5/15/2026
| | 10400SB3421sam003 | | LRB104 16644 CCC 37886 a |
|
|
| 1 | | AMENDMENT TO SENATE BILL 3421
|
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3421, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following: |
| 5 | | "Section 5. The Physician Assistant Practice Act of 1987 |
| 6 | | is amended by changing Sections 4, 6, 7, 7.5, 7.7, 20, and 21 |
| 7 | | and by adding Sections 7.8, 7.9, and 7.10 as follows: |
| 8 | | (225 ILCS 95/4) (from Ch. 111, par. 4604) |
| 9 | | (Section scheduled to be repealed on January 1, 2028) |
| 10 | | Sec. 4. Definitions. In this Act: |
| 11 | | 1. "Department" means the Department of Financial and |
| 12 | | Professional Regulation. |
| 13 | | 2. "Secretary" means the Secretary of Financial and |
| 14 | | Professional Regulation. |
| 15 | | 3. "Physician assistant" means any person not holding an |
| 16 | | active license or permit issued by the Department pursuant to |
|
| | 10400SB3421sam003 | - 2 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | the Medical Practice Act of 1987 who has been certified as a |
| 2 | | physician assistant by the National Commission on the |
| 3 | | Certification of Physician Assistants or an equivalent |
| 4 | | successor agency. and performs procedures in collaboration |
| 5 | | with a physician as defined in this Act. A physician assistant |
| 6 | | may perform such procedures within the specialty of the |
| 7 | | collaborating physician, except that such physician shall |
| 8 | | exercise such direction, collaboration, and control over such |
| 9 | | physician assistants as will assure that patients shall |
| 10 | | receive quality medical care. Physician assistants shall be |
| 11 | | capable of performing a variety of tasks within the specialty |
| 12 | | of medical care in collaboration with a physician. |
| 13 | | Collaboration with the physician assistant shall not be |
| 14 | | construed to necessarily require the personal presence of the |
| 15 | | collaborating physician at all times at the place where |
| 16 | | services are rendered, as long as there is communication |
| 17 | | available for consultation by radio, telephone or |
| 18 | | telecommunications within established guidelines as determined |
| 19 | | by the physician/physician assistant team. The collaborating |
| 20 | | physician may delegate tasks and duties to the physician |
| 21 | | assistant. Delegated tasks or duties shall be consistent with |
| 22 | | physician assistant education, training, and experience. The |
| 23 | | delegated tasks or duties shall be specific to the practice |
| 24 | | setting and shall be implemented and reviewed under a written |
| 25 | | collaborative agreement established by the physician or |
| 26 | | physician/physician assistant team. A physician assistant, |
|
| | 10400SB3421sam003 | - 3 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | acting as an agent of the physician, shall be permitted to |
| 2 | | transmit the collaborating physician's orders as determined by |
| 3 | | the institution's by-laws, policies, procedures, or job |
| 4 | | description within which the physician/physician assistant |
| 5 | | team practices. Physician assistants shall practice only in |
| 6 | | accordance with a written collaborative agreement. |
| 7 | | Any person who holds an active license or permit issued |
| 8 | | pursuant to the Medical Practice Act of 1987 shall have that |
| 9 | | license automatically placed into inactive status upon |
| 10 | | issuance of a physician assistant license. Any person who |
| 11 | | holds an active license as a physician assistant who is issued |
| 12 | | a license or permit pursuant to the Medical Practice Act of |
| 13 | | 1987 shall have his or her physician assistant license |
| 14 | | automatically placed into inactive status. |
| 15 | | 3.5. "Physician assistant practice" means the performance |
| 16 | | of any legal medical service for which the physician assistant |
| 17 | | has been prepared by the physician assistant's education, |
| 18 | | training, and experience and is competent to perform as |
| 19 | | determined through an employment agreement or the |
| 20 | | credentialing and privileging system of a licensed facility. |
| 21 | | Medical and surgical services provided by physician assistants |
| 22 | | include, but are not limited to: |
| 23 | | (A) obtaining and performing comprehensive health |
| 24 | | histories and physical examinations; |
| 25 | | (B) evaluating, diagnosing, managing, and providing |
| 26 | | medical treatment; |
|
| | 10400SB3421sam003 | - 4 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (C) ordering, performing, and interpreting diagnostic |
| 2 | | studies and therapeutic procedures; |
| 3 | | (D) educating patients on health promotion and disease |
| 4 | | prevention; |
| 5 | | (E) providing consultation upon request; |
| 6 | | (F) writing medical orders; |
| 7 | | (G) prescribing, dispensing, ordering, administering, |
| 8 | | and procuring drugs and medical devices; and |
| 9 | | (H) assisting in surgery. procedures within the |
| 10 | | specialty of the collaborating physician. Physician |
| 11 | | assistants shall be capable of performing a variety of |
| 12 | | tasks within the specialty of medical care of the |
| 13 | | collaborating physician. Collaboration with the physician |
| 14 | | assistant shall not be construed to necessarily require |
| 15 | | the personal presence of the collaborating physician at |
| 16 | | all times at the place where services are rendered, as |
| 17 | | long as there is communication available for consultation |
| 18 | | by radio, telephone, telecommunications, or electronic |
| 19 | | communications. The collaborating physician may delegate |
| 20 | | tasks and duties to the physician assistant. Delegated |
| 21 | | tasks or duties shall be consistent with physician |
| 22 | | assistant education, training, and experience. The |
| 23 | | delegated tasks or duties shall be specific to the |
| 24 | | practice setting and shall be implemented and reviewed |
| 25 | | under a written collaborative agreement established by the |
| 26 | | physician or physician/physician assistant team. A |
|
| | 10400SB3421sam003 | - 5 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | physician assistant shall be permitted to transmit the |
| 2 | | collaborating physician's orders as determined by the |
| 3 | | institution's bylaws, policies, or procedures or the job |
| 4 | | description within which the physician/physician assistant |
| 5 | | team practices. Physician assistants shall practice only |
| 6 | | in accordance with a written collaborative agreement, |
| 7 | | except as provided in Section 7.5 of this Act. |
| 8 | | 4. "Board" means the Illinois State Medical Board Medical |
| 9 | | Licensing Board constituted under the Medical Practice Act of |
| 10 | | 1987. |
| 11 | | 5. (Blank). |
| 12 | | 6. "Physician" means a person licensed to practice |
| 13 | | medicine in all of its branches under the Medical Practice Act |
| 14 | | of 1987. |
| 15 | | 7. "Collaborating physician" means the physician who, |
| 16 | | within his or her specialty and expertise, may delegate a |
| 17 | | variety of tasks and procedures to the physician assistant. |
| 18 | | Such tasks and procedures shall be delegated in accordance |
| 19 | | with a written collaborative agreement when the agreement is |
| 20 | | required under this Act. |
| 21 | | 8. (Blank). |
| 22 | | 9. "Address of record" means the designated address |
| 23 | | recorded by the Department in the applicant's application file |
| 24 | | or the licensee's application file or license file, as |
| 25 | | maintained by the Department's licensure maintenance unit. |
| 26 | | 10. "Hospital affiliate" means a corporation, partnership, |
|
| | 10400SB3421sam003 | - 6 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | joint venture, limited liability company, or similar |
| 2 | | organization, other than a hospital, that is devoted primarily |
| 3 | | to the provision, management, or support of health care |
| 4 | | services and that directly or indirectly controls, is |
| 5 | | controlled by, or is under common control of the hospital. For |
| 6 | | the purposes of this definition, "control" means having at |
| 7 | | least an equal or a majority ownership or membership interest. |
| 8 | | A hospital affiliate shall be 100% owned or controlled by any |
| 9 | | combination of hospitals, their parent corporations, or |
| 10 | | physicians licensed to practice medicine in all its branches |
| 11 | | in Illinois. "Hospital affiliate" does not include a health |
| 12 | | maintenance organization regulated under the Health |
| 13 | | Maintenance Organization Act. |
| 14 | | 11. "Email address of record" means the designated email |
| 15 | | address recorded by the Department in the applicant's |
| 16 | | application file or the licensee's license file, as maintained |
| 17 | | by the Department's licensure maintenance unit. |
| 18 | | 12. "Federally qualified health center" means a health |
| 19 | | center funded under Section 330 of the federal Public Health |
| 20 | | Service Act. |
| 21 | | (Source: P.A. 102-1117, eff. 1-13-23; 103-65, eff. 1-1-24.) |
| 22 | | (225 ILCS 95/6) (from Ch. 111, par. 4606) |
| 23 | | (Section scheduled to be repealed on January 1, 2028) |
| 24 | | Sec. 6. Physician assistant title. |
| 25 | | (a) No physician assistant shall use the title of doctor, |
|
| | 10400SB3421sam003 | - 7 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | physician, or associate with his or her name or any other term |
| 2 | | that would indicate to other persons that he or she is |
| 3 | | qualified to engage in the general practice of medicine. |
| 4 | | (b) A physician assistant shall verbally identify himself |
| 5 | | or herself as a physician assistant, including, when |
| 6 | | applicable, specialty certification, to each patient. |
| 7 | | (c) Nothing in this Act shall be construed to relieve a |
| 8 | | physician assistant of the professional or legal |
| 9 | | responsibility for the care and treatment of persons attended |
| 10 | | by him or her. |
| 11 | | (d) (Blank). The collaborating physician shall file with |
| 12 | | the Department notice of employment, discharge, or |
| 13 | | collaboration with a physician assistant within 60 days of |
| 14 | | employment, discharge, or assumption of collaboration with a |
| 15 | | physician assistant. Nothing in this Section shall prevent a |
| 16 | | physician assistant from beginning his or her employment |
| 17 | | before the notice of employment or collaboration has been |
| 18 | | filed. |
| 19 | | (Source: P.A. 102-735, eff. 1-1-23.) |
| 20 | | (225 ILCS 95/7) (from Ch. 111, par. 4607) |
| 21 | | (Section scheduled to be repealed on January 1, 2028) |
| 22 | | Sec. 7. Collaboration requirements. |
| 23 | | (a) Except as otherwise authorized under this Act, a |
| 24 | | written collaborative agreement is required for physician |
| 25 | | assistants engaged in clinical practice who have not satisfied |
|
| | 10400SB3421sam003 | - 8 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | the requirements of Section 7.9. |
| 2 | | (b) (a) A collaborating physician shall determine the |
| 3 | | number of physician assistants to collaborate with, provided |
| 4 | | the physician is able to provide adequate collaboration as |
| 5 | | outlined in the written collaborative agreement required under |
| 6 | | Section 7.5 of this Act and consideration is given to the |
| 7 | | nature of the physician's practice, complexity of the patient |
| 8 | | population, and the experience of each physician assistant. A |
| 9 | | collaborating physician may collaborate with a maximum of 7 |
| 10 | | full-time equivalent physician assistants as described in |
| 11 | | Section 54.5 of the Medical Practice Act of 1987. As used in |
| 12 | | this Section, "full-time equivalent" means the equivalent of |
| 13 | | 40 hours per week per individual. Physicians and physician |
| 14 | | assistants who work in a hospital, hospital affiliate, |
| 15 | | federally qualified health center, or ambulatory surgical |
| 16 | | treatment center as defined by Section 7.7 of this Act are |
| 17 | | exempt from the collaborative ratio restriction requirements |
| 18 | | of this Section. A physician assistant shall be able to hold |
| 19 | | more than one professional position. A collaborating physician |
| 20 | | shall file a notice of collaboration of each physician |
| 21 | | assistant according to the rules of the Department. |
| 22 | | (c) Physician assistants shall collaborate only with |
| 23 | | physicians as defined in this Act who are engaged in clinical |
| 24 | | practice, or in clinical practice in public health or other |
| 25 | | community health facilities. |
| 26 | | (d) Nothing in this Act shall be construed to limit the |
|
| | 10400SB3421sam003 | - 9 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | delegation of tasks or duties by a physician to a nurse or |
| 2 | | other appropriately trained personnel. |
| 3 | | (e) Nothing in this Act shall be construed to prohibit the |
| 4 | | employment of physician assistants by a hospital, nursing home |
| 5 | | or other health care facility where such physician assistants |
| 6 | | function with under a collaborating physician. |
| 7 | | (f) A physician assistant may be employed by a practice |
| 8 | | group or other entity employing multiple physicians at one or |
| 9 | | more locations. In that case, one of the physicians practicing |
| 10 | | at a location shall be designated the collaborating physician. |
| 11 | | The other physicians with that practice group or other entity |
| 12 | | who practice in the same general type of practice or specialty |
| 13 | | as the collaborating physician may collaborate with the |
| 14 | | physician assistant with respect to their patients. |
| 15 | | (g) (b) A physician assistant licensed in this State, or |
| 16 | | licensed or authorized to practice in any other U.S. |
| 17 | | jurisdiction or credentialed by his or her federal employer as |
| 18 | | a physician assistant, who is responding to a need for medical |
| 19 | | care created by an emergency or by a state or local disaster |
| 20 | | may render such care that the physician assistant is able to |
| 21 | | provide without collaboration as it is defined in this Section |
| 22 | | or with such collaboration as is available. |
| 23 | | (h) Any physician who collaborates with a physician |
| 24 | | assistant providing medical care in response to such an |
| 25 | | emergency or state or local disaster shall not be required to |
| 26 | | meet the requirements set forth in this Section for a |
|
| | 10400SB3421sam003 | - 10 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | collaborating physician. |
| 2 | | (Source: P.A. 103-65, eff. 1-1-24.) |
| 3 | | (225 ILCS 95/7.5) |
| 4 | | (Section scheduled to be repealed on January 1, 2028) |
| 5 | | Sec. 7.5. Written collaborative agreements; prescriptive |
| 6 | | authority. |
| 7 | | (a) Except as otherwise authorized under this Act, a |
| 8 | | written collaborative agreement is required for physician |
| 9 | | assistants engaged in clinical practice who have not satisfied |
| 10 | | the requirements of Section 7.9. When a written collaborative |
| 11 | | agreement is required under this Act, the following shall |
| 12 | | apply: A written collaborative agreement is required for all |
| 13 | | physician assistants to practice in the State, except as |
| 14 | | provided in Section 7.7 of this Act. |
| 15 | | (1) A written collaborative agreement shall describe |
| 16 | | the working relationship of the physician assistant with |
| 17 | | the collaborating physician and shall describe the |
| 18 | | categories of care, treatment, or procedures to be |
| 19 | | provided by the physician assistant. The written |
| 20 | | collaborative agreement shall promote the exercise of |
| 21 | | professional judgment by the physician assistant |
| 22 | | commensurate with his or her education and experience. The |
| 23 | | services to be provided by the physician assistant shall |
| 24 | | be services that the collaborating physician is authorized |
| 25 | | to and generally provides to his or her patients in the |
|
| | 10400SB3421sam003 | - 11 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | normal course of his or her clinical medical practice. The |
| 2 | | written collaborative agreement need not describe the |
| 3 | | exact steps that a physician assistant must take with |
| 4 | | respect to each specific condition, disease, or symptom |
| 5 | | but must specify which authorized procedures require the |
| 6 | | presence of the collaborating physician as the procedures |
| 7 | | are being performed. The relationship under a written |
| 8 | | collaborative agreement shall not be construed to require |
| 9 | | the personal presence of a physician at the place where |
| 10 | | services are rendered. Methods of communication shall be |
| 11 | | available for consultation with the collaborating |
| 12 | | physician in person or by telecommunications or electronic |
| 13 | | communications as set forth in the written collaborative |
| 14 | | agreement. For the purposes of this Act, "generally |
| 15 | | provides to his or her patients in the normal course of his |
| 16 | | or her clinical medical practice" means services, not |
| 17 | | specific tasks or duties, the collaborating physician |
| 18 | | routinely provides individually or through delegation to |
| 19 | | other persons so that the physician has the experience and |
| 20 | | ability to collaborate and provide consultation. |
| 21 | | (2) (Blank). The written collaborative agreement shall |
| 22 | | be adequate if a physician does each of the 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 |
|
| | 10400SB3421sam003 | - 12 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | such orders in accordance with accepted standards of |
| 2 | | medical practice and physician assistant practice. |
| 3 | | (B) Provides consultation at least once a month. |
| 4 | | (3) A copy of the signed, written collaborative |
| 5 | | agreement must be available to the Department upon request |
| 6 | | from both the physician assistant and the collaborating |
| 7 | | physician. |
| 8 | | (4) A physician assistant shall inform each |
| 9 | | collaborating physician of all written collaborative |
| 10 | | agreements he or she has signed and provide a copy of these |
| 11 | | to any collaborating physician upon request. |
| 12 | | (b) When a physician assistant who has not satisfied the |
| 13 | | requirements of Section 7.9 practices pursuant to a written |
| 14 | | collaborative agreement, the collaborating physician may |
| 15 | | delegate prescriptive authority to the physician assistant as |
| 16 | | part of the written collaborative agreement or in another |
| 17 | | written delegation of prescriptive authority consistent with |
| 18 | | this Act. This authority may include prescription of, |
| 19 | | selection of, orders for, administration of, storage of, |
| 20 | | acceptance of samples of, and dispensing medical devices, |
| 21 | | over-the-counter medications, legend drugs, medical gases, and |
| 22 | | controlled substances categorized as Schedule II through V |
| 23 | | controlled substances, as defined in Article II of the |
| 24 | | Illinois Controlled Substances Act, and other preparations, |
| 25 | | including, but not limited to, botanical and herbal remedies. |
| 26 | | A collaborating physician may, but is not required to, |
|
| | 10400SB3421sam003 | - 13 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | delegate prescriptive authority to a physician assistant as |
| 2 | | part of a written collaborative agreement. This authority may, |
| 3 | | but is not required to, include prescription of, selection of, |
| 4 | | orders for, administration of, storage of, acceptance of |
| 5 | | samples of, and dispensing medical devices, over-the-counter |
| 6 | | medications, legend drugs, medical gases, and controlled |
| 7 | | substances categorized as Schedule II through V controlled |
| 8 | | substances, as defined in Article II of the Illinois |
| 9 | | Controlled Substances Act, and other preparations, including, |
| 10 | | but not limited to, botanical and herbal remedies. The |
| 11 | | collaborating physician must have a valid, current Illinois |
| 12 | | controlled substance license and federal registration with the |
| 13 | | Drug Enforcement Administration to delegate the authority to |
| 14 | | prescribe controlled substances. |
| 15 | | (1) To prescribe Schedule II, III, IV, or V controlled |
| 16 | | substances under this Section, a physician assistant must |
| 17 | | obtain a mid-level practitioner controlled substances |
| 18 | | license. Medication orders issued by a physician assistant |
| 19 | | shall be reviewed periodically by the collaborating |
| 20 | | physician. |
| 21 | | (2) The collaborating physician shall file with the |
| 22 | | Department notice of delegation of prescriptive authority |
| 23 | | to a physician assistant and termination of delegation, |
| 24 | | specifying the authority delegated or terminated. Upon |
| 25 | | receipt of this notice delegating authority to prescribe |
| 26 | | controlled substances, the physician assistant shall be |
|
| | 10400SB3421sam003 | - 14 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | eligible to register for a mid-level practitioner |
| 2 | | controlled substances license under Section 303.05 of the |
| 3 | | Illinois Controlled Substances Act. Nothing in this Act |
| 4 | | shall be construed to limit the delegation of tasks or |
| 5 | | duties by the collaborating physician to a nurse or other |
| 6 | | appropriately trained persons in accordance with Section |
| 7 | | 54.2 of the Medical Practice Act of 1987. |
| 8 | | (3) In addition to the requirements of this subsection |
| 9 | | (b), a collaborating physician may, but is not required |
| 10 | | to, delegate authority to a physician assistant to |
| 11 | | prescribe Schedule II controlled substances, if all of the |
| 12 | | following conditions apply: |
| 13 | | (A) Specific Schedule II controlled substances by |
| 14 | | oral dosage or topical or transdermal application may |
| 15 | | be delegated, provided that the delegated Schedule II |
| 16 | | controlled substances are routinely prescribed by the |
| 17 | | collaborating physician. This delegation must identify |
| 18 | | the specific Schedule II controlled substances by |
| 19 | | either brand name or generic name. Schedule II |
| 20 | | controlled substances to be delivered by injection or |
| 21 | | other route of administration may not be delegated. |
| 22 | | (B) (Blank). |
| 23 | | (C) Any prescription must be limited to no more |
| 24 | | than a 30-day supply, with any continuation authorized |
| 25 | | only after prior approval of the collaborating |
| 26 | | physician. |
|
| | 10400SB3421sam003 | - 15 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (D) The physician assistant must discuss the |
| 2 | | condition of any patients for whom a controlled |
| 3 | | substance is prescribed monthly with the collaborating |
| 4 | | physician. |
| 5 | | (E) The physician assistant meets the education |
| 6 | | requirements of Section 303.05 of the Illinois |
| 7 | | Controlled Substances Act. |
| 8 | | (c) Nothing in this Act shall be construed to limit the |
| 9 | | delegation of tasks or duties by a physician to a licensed |
| 10 | | practical nurse, a registered professional nurse, or other |
| 11 | | persons. Nothing in this Act shall be construed to limit the |
| 12 | | method of delegation that may be authorized by any means, |
| 13 | | including, but not limited to, oral, written, electronic, |
| 14 | | standing orders, protocols, guidelines, or verbal orders. |
| 15 | | Nothing in this Act shall be construed to authorize a |
| 16 | | physician assistant to provide health care services required |
| 17 | | by law or rule to be performed by a physician. Nothing in this |
| 18 | | Act shall be construed to authorize the delegation or |
| 19 | | performance of operative surgery. Nothing in this Section |
| 20 | | shall be construed to preclude a physician assistant from |
| 21 | | assisting in surgery. |
| 22 | | (c-5) (Blank). Nothing in this Section shall be construed |
| 23 | | to apply to any medication authority, including Schedule II |
| 24 | | controlled substances of a licensed physician assistant for |
| 25 | | care provided in a hospital, hospital affiliate, federally |
| 26 | | qualified health center, or ambulatory surgical treatment |
|
| | 10400SB3421sam003 | - 16 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | center pursuant to Section 7.7 of this Act. |
| 2 | | (d) (Blank). |
| 3 | | (e) Nothing in this Section shall be construed to prohibit |
| 4 | | generic substitution. |
| 5 | | (f) Delegation of prescriptive authority by a physician is |
| 6 | | not required under this Section. |
| 7 | | (Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24; |
| 8 | | 103-605, eff. 7-1-24.) |
| 9 | | (225 ILCS 95/7.7) |
| 10 | | (Section scheduled to be repealed on January 1, 2028) |
| 11 | | Sec. 7.7. Physician assistants in hospitals, hospital |
| 12 | | affiliates, federally qualified health centers, or ambulatory |
| 13 | | surgical treatment centers. |
| 14 | | (a) A physician assistant may provide services in a |
| 15 | | hospital as defined in the Hospital Licensing Act, a hospital |
| 16 | | affiliate as defined in the University of Illinois Hospital |
| 17 | | Act, a federally qualified health center, or a licensed |
| 18 | | ambulatory surgical treatment center as defined in the |
| 19 | | Ambulatory Surgical Treatment Center Act without a written |
| 20 | | collaborative agreement pursuant to Section 7.5 of this Act |
| 21 | | only in accordance with this Section. A physician assistant |
| 22 | | must possess clinical privileges recommended by (i) the |
| 23 | | hospital medical staff and granted by the hospital, (ii) the |
| 24 | | physician committee and federally qualified health center, or |
| 25 | | (iii) the consulting medical staff committee and ambulatory |
|
| | 10400SB3421sam003 | - 17 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | surgical treatment center in order to provide services. The |
| 2 | | medical staff, physician committee, or consulting medical |
| 3 | | staff committee shall periodically review the services of |
| 4 | | physician assistants granted clinical privileges, including |
| 5 | | any care provided in a hospital affiliate or federally |
| 6 | | qualified health center. A physician assistant practicing |
| 7 | | under this Section may prescribe, select, order, and |
| 8 | | administer medications, including controlled substances, only |
| 9 | | in accordance with Section 7.8 of this Act and applicable |
| 10 | | clinical privileges, credentialing, bylaws, policies, or |
| 11 | | consulting committee policies of the hospital, hospital |
| 12 | | affiliate, federally qualified health center, or ambulatory |
| 13 | | surgical treatment center. Authority may also be granted when |
| 14 | | recommended by the hospital medical staff and granted by the |
| 15 | | hospital, recommended by the physician committee and granted |
| 16 | | by the federally qualified health center, or recommended by |
| 17 | | the consulting medical staff committee and ambulatory surgical |
| 18 | | treatment center to individual physician assistants to select, |
| 19 | | order, and administer medications, including controlled |
| 20 | | substances, to provide delineated care. In a hospital, |
| 21 | | hospital affiliate, federally qualified health center, or |
| 22 | | ambulatory surgical treatment center, the attending physician |
| 23 | | shall determine a physician assistant's role in providing care |
| 24 | | for his or her patients, except as otherwise provided in the |
| 25 | | medical staff bylaws or consulting committee policies. |
| 26 | | (a-5) A physician assistant practicing in a hospital |
|
| | 10400SB3421sam003 | - 18 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | affiliate or a federally qualified health center may prescribe |
| 2 | | Schedule II, III, IV, or V controlled substances only in |
| 3 | | accordance with Section 7.8 of this Act and applicable |
| 4 | | clinical privileges, credentialing, bylaws, policies, or |
| 5 | | consulting committee policies of the hospital affiliate or |
| 6 | | federally qualified health center. To prescribe Schedule II, |
| 7 | | III, IV, or V controlled substances under this Act, a |
| 8 | | physician assistant must obtain a mid-level practitioner |
| 9 | | controlled substances license. Nothing in this subsection |
| 10 | | shall be construed to limit the authority of a hospital |
| 11 | | affiliate or federally qualified health center to establish |
| 12 | | credentialing, privileging, or other practice-site |
| 13 | | requirements applicable to physician assistants practicing |
| 14 | | within that facility or setting. Physician assistants |
| 15 | | practicing in a hospital affiliate or a federally qualified |
| 16 | | health center may be, but are not required to be, granted |
| 17 | | authority to prescribe Schedule II through V controlled |
| 18 | | substances when such authority is recommended by the |
| 19 | | appropriate physician committee of the hospital affiliate and |
| 20 | | granted by the hospital affiliate or recommended by the |
| 21 | | physician committee of the federally qualified health center |
| 22 | | and granted by the federally qualified health center. This |
| 23 | | authority may, but is not required to, include prescription |
| 24 | | of, selection of, orders for, administration of, storage of, |
| 25 | | acceptance of samples of, and dispensing over-the-counter |
| 26 | | medications, legend drugs, medical gases, and controlled |
|
| | 10400SB3421sam003 | - 19 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | substances categorized as Schedule II through V controlled |
| 2 | | substances, as defined in Article II of the Illinois |
| 3 | | Controlled Substances Act, and other preparations, including, |
| 4 | | but not limited to, botanical and herbal remedies. |
| 5 | | To prescribe controlled substances under this subsection |
| 6 | | (a-5), a physician assistant must obtain a mid-level |
| 7 | | practitioner controlled substance license. Medication orders |
| 8 | | shall be reviewed periodically by the appropriate hospital |
| 9 | | affiliate physicians committee or its physician designee or by |
| 10 | | the physician committee of a federally qualified health |
| 11 | | center. |
| 12 | | The hospital affiliate or federally qualified health |
| 13 | | center shall file with the Department notice of a grant of |
| 14 | | prescriptive authority consistent with this subsection (a-5) |
| 15 | | and termination of such a grant of authority in accordance |
| 16 | | with rules of the Department. Upon receipt of this notice of |
| 17 | | grant of authority to prescribe any Schedule II through V |
| 18 | | controlled substances, the licensed physician assistant may |
| 19 | | register for a mid-level practitioner controlled substance |
| 20 | | license under Section 303.05 of the Illinois Controlled |
| 21 | | Substances Act. |
| 22 | | In addition, a hospital affiliate or a federally qualified |
| 23 | | health center may, but is not required to, grant authority to a |
| 24 | | physician assistant to prescribe any Schedule II controlled |
| 25 | | substances if all of the following conditions apply: |
| 26 | | (1) specific Schedule II controlled substances by oral |
|
| | 10400SB3421sam003 | - 20 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | dosage or topical or transdermal application may be |
| 2 | | designated, provided that the designated Schedule II |
| 3 | | controlled substances are routinely prescribed by |
| 4 | | physician assistants in their area of certification; this |
| 5 | | grant of authority must identify the specific Schedule II |
| 6 | | controlled substances by either brand name or generic |
| 7 | | name; authority to prescribe or dispense Schedule II |
| 8 | | controlled substances to be delivered by injection or |
| 9 | | other route of administration may not be granted; |
| 10 | | (2) any grant of authority must be controlled |
| 11 | | substances limited to the practice of the physician |
| 12 | | assistant; |
| 13 | | (3) any prescription must be limited to no more than a |
| 14 | | 30-day supply; |
| 15 | | (4) the physician assistant must discuss the condition |
| 16 | | of any patients for whom a controlled substance is |
| 17 | | prescribed monthly with the appropriate physician |
| 18 | | committee of the hospital affiliate or its physician |
| 19 | | designee, or the physician committee of a federally |
| 20 | | qualified health center; and |
| 21 | | (5) the physician assistant must meet the education |
| 22 | | requirements of Section 303.05 of the Illinois Controlled |
| 23 | | Substances Act. |
| 24 | | (b) A physician assistant authorized under this Act and |
| 25 | | applicable clinical privileges, credentialing, bylaws, |
| 26 | | policies, or consulting committee policies to order |
|
| | 10400SB3421sam003 | - 21 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | medications, including controlled substances, may complete |
| 2 | | discharge prescriptions in the name of the physician |
| 3 | | assistant. Nothing in this subsection shall be construed to |
| 4 | | limit the authority of a hospital, hospital affiliate, |
| 5 | | federally qualified health center, or ambulatory surgical |
| 6 | | treatment center to require additional review, approval, |
| 7 | | documentation, or involvement of the attending or discharging |
| 8 | | physician pursuant to its bylaws, policies, clinical |
| 9 | | privileges, credentialing, or consulting committee policies. A |
| 10 | | physician assistant granted authority to order medications |
| 11 | | including controlled substances may complete discharge |
| 12 | | prescriptions provided the prescription is in the name of the |
| 13 | | physician assistant and the attending or discharging |
| 14 | | physician. |
| 15 | | (c) Physician assistants practicing in a hospital, |
| 16 | | hospital affiliate, federally qualified health center, or an |
| 17 | | ambulatory surgical treatment center are not required to |
| 18 | | obtain a mid-level controlled substance license to order |
| 19 | | controlled substances under Section 303.05 of the Illinois |
| 20 | | Controlled Substances Act. |
| 21 | | (d) Delegation of prescriptive authority by a physician is |
| 22 | | not required under this Section. |
| 23 | | (Source: P.A. 103-65, eff. 1-1-24.) |
| 24 | | (225 ILCS 95/7.8 new) |
| 25 | | Sec. 7.8. Prescriptive authority. |
|
| | 10400SB3421sam003 | - 22 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (a) A physician assistant licensed under this Act may |
| 2 | | prescribe, dispense, order, administer, and procure drugs and |
| 3 | | medical devices only in accordance with this Act, applicable |
| 4 | | State and federal law, and any applicable employment |
| 5 | | agreement, written collaborative agreement when required under |
| 6 | | this Act, delegation of prescriptive authority when required |
| 7 | | under this Act, clinical privileges, credentialing, bylaws, |
| 8 | | policies, or consulting committee policies of the practice |
| 9 | | site. Prescriptive authority may include prescribing Schedule |
| 10 | | II, III, IV, and V controlled substances. To prescribe |
| 11 | | Schedule II, III, IV, or V controlled substances under this |
| 12 | | Act, a physician assistant must obtain a mid-level |
| 13 | | practitioner controlled substances license. |
| 14 | | (b) A physician assistant prescribing Schedule II |
| 15 | | controlled substances shall do so only in a consultation |
| 16 | | relationship with a physician. This consultation relationship |
| 17 | | shall be recorded on the Prescription Monitoring Program |
| 18 | | website, pursuant to Section 316 of the Illinois Controlled |
| 19 | | Substances Act, by the physician and physician assistant and |
| 20 | | is not required to be filed with the Department. |
| 21 | | The specific Schedule II controlled substance must be |
| 22 | | identified by either brand name or generic name. |
| 23 | | At least monthly, the physician assistant and the |
| 24 | | physician must discuss the condition of any patients for whom |
| 25 | | a Schedule II controlled substance is prescribed. |
| 26 | | Nothing in this subsection shall be construed to require a |
|
| | 10400SB3421sam003 | - 23 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | prescription by a physician assistant to include a physician |
| 2 | | name. |
| 3 | | The consultation relationship shall provide for physician |
| 4 | | availability for consultation on complex clinical cases and |
| 5 | | prescribing decisions, but shall not require the physical |
| 6 | | presence of the physician or constitute a supervisory or |
| 7 | | collaborative agreement, except when a written collaborative |
| 8 | | agreement is otherwise required under this Act. Documentation |
| 9 | | of the consultation relationship shall be maintained and made |
| 10 | | available to the Department upon request. |
| 11 | | (c) Except as provided in subsection (d) of this Section |
| 12 | | or as otherwise authorized under this Act, a physician |
| 13 | | assistant who has not satisfied the requirements of Section |
| 14 | | 7.9 and who practices pursuant to a written collaborative |
| 15 | | agreement shall exercise prescriptive authority only if such |
| 16 | | authority has been delegated by the collaborating physician in |
| 17 | | the written collaborative agreement or in another written |
| 18 | | delegation of prescriptive authority consistent with this Act. |
| 19 | | (d) A physician assistant who has satisfied the |
| 20 | | requirements of Section 7.9 may exercise prescriptive |
| 21 | | authority within the physician assistant's scope of practice |
| 22 | | without delegation of prescriptive authority by a physician, |
| 23 | | except that a physician assistant prescribing Schedule II |
| 24 | | controlled substances shall comply with subsection (b) of this |
| 25 | | Section. |
| 26 | | (e) Nothing in this Section shall be construed to require |
|
| | 10400SB3421sam003 | - 24 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | a hospital, hospital affiliate, federally qualified health |
| 2 | | center, ambulatory surgical treatment center, employer, or |
| 3 | | other practice site to authorize a physician assistant to |
| 4 | | prescribe, dispense, order, administer, or procure any drug, |
| 5 | | medical device, or controlled substance unless such authority |
| 6 | | is consistent with the physician assistant's employment |
| 7 | | agreement, written collaborative agreement when required under |
| 8 | | this Act, delegation of prescriptive authority when required |
| 9 | | under this Act, clinical privileges, credentialing, bylaws, |
| 10 | | policies, or consulting committee policies of the practice |
| 11 | | site. |
| 12 | | (225 ILCS 95/7.9 new) |
| 13 | | Sec. 7.9. Full practice authority. |
| 14 | | (a) In this Section: |
| 15 | | "Scope of practice" means the specific clinical field, |
| 16 | | specialty, subspecialty, practice setting, patient population, |
| 17 | | procedures, and categories of medical conditions in which a |
| 18 | | physician assistant seeks to practice without a written |
| 19 | | collaborative agreement and for which the physician assistant |
| 20 | | has completed the education, training, clinical experience, |
| 21 | | and continuing education necessary to practice competently. |
| 22 | | For purposes of satisfying the clinical practice |
| 23 | | requirements of this Section, the physician assistant's scope |
| 24 | | of practice shall be based on clinical practice completed |
| 25 | | pursuant to a written collaborative agreement with a |
|
| | 10400SB3421sam003 | - 25 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | collaborating physician and shall be within the scope of |
| 2 | | practice of that collaborating physician, or shall be based on |
| 3 | | clinical practice otherwise authorized under this Act or under |
| 4 | | the laws of another jurisdiction. |
| 5 | | "Scope of practice" does not mean the full range of |
| 6 | | medical services that may generally be performed by physician |
| 7 | | assistants under this Act. |
| 8 | | "Substantially related area of practice" means a clinical |
| 9 | | field, specialty, subspecialty, practice setting, or patient |
| 10 | | population that relies on substantially similar medical |
| 11 | | knowledge, clinical judgment, procedures, patient care |
| 12 | | responsibilities, and risk profile. General physician |
| 13 | | assistant education, training, or licensure alone is not |
| 14 | | sufficient to establish that 2 areas of practice are |
| 15 | | substantially related. |
| 16 | | (b) A physician assistant licensed under this Act shall be |
| 17 | | deemed by law to possess the ability to practice without a |
| 18 | | written collaborative agreement upon meeting the requirements |
| 19 | | of this Section. |
| 20 | | (c) A physician assistant licensed under this Act who |
| 21 | | files with the Department an attestation of completion of not |
| 22 | | less than 6,000 hours of postgraduate clinical practice, |
| 23 | | including at least 2,000 hours in the specific scope of |
| 24 | | practice, as defined in subsection (a), in which the physician |
| 25 | | assistant seeks to practice without a written collaborative |
| 26 | | agreement, completed pursuant to a written collaborative |
|
| | 10400SB3421sam003 | - 26 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | agreement with a collaborating physician whose scope of |
| 2 | | practice includes such clinical practice or as otherwise |
| 3 | | authorized under this Act or under the laws of another |
| 4 | | jurisdiction, and at least 250 hours of continuing education |
| 5 | | or training, shall not require a written collaborative |
| 6 | | agreement. Documentation of successful completion shall be |
| 7 | | provided to the Department upon request. Completion of the |
| 8 | | clinical practice shall be attested to by a collaborating |
| 9 | | physician or employer or by submission of other evidence as |
| 10 | | established by Department rule. |
| 11 | | (d) A physician assistant practicing without a written |
| 12 | | collaborative agreement shall practice within the physician |
| 13 | | assistant's scope of practice. The physician assistant shall |
| 14 | | consult with, collaborate with, or refer to another |
| 15 | | appropriate health care professional when the needs of the |
| 16 | | patient exceed the physician assistant's clinical experience. |
| 17 | | (e) A physician assistant who has not satisfied the |
| 18 | | requirements of subsection (c) shall practice pursuant to a |
| 19 | | written collaborative agreement or as otherwise authorized |
| 20 | | under this Act. When a physician assistant practices pursuant |
| 21 | | to a written collaborative agreement, the physician assistant |
| 22 | | shall practice with a collaborating physician, as described in |
| 23 | | the written collaborative agreement and determined at the |
| 24 | | practice site, and within the scope of practice of the |
| 25 | | collaborating physician. |
| 26 | | (f) If, after satisfying the requirements of subsection |
|
| | 10400SB3421sam003 | - 27 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (c), a physician assistant begins practice in a new scope of |
| 2 | | practice that is not substantially related to the specific |
| 3 | | scope of practice for which the physician assistant satisfied |
| 4 | | the requirements of subsection (c), the first 2,000 hours of |
| 5 | | postgraduate clinical practice in the new scope of practice |
| 6 | | shall be completed pursuant to a written collaborative |
| 7 | | agreement with a collaborating physician whose scope of |
| 8 | | practice includes such clinical practice or as otherwise |
| 9 | | authorized under this Act. When a physician assistant |
| 10 | | practices pursuant to a written collaborative agreement, the |
| 11 | | physician assistant shall practice with a collaborating |
| 12 | | physician, as described in the written collaborative agreement |
| 13 | | and determined at the practice site, and within the scope of |
| 14 | | practice of the collaborating physician. |
| 15 | | (g) A physician assistant with full practice authority |
| 16 | | shall complete 80 hours of continuing education for every |
| 17 | | 2-year license renewal cycle. The 80 hours of continuing |
| 18 | | education required under this subsection shall be completed as |
| 19 | | follows: |
| 20 | | (1) A minimum of 50 hours of continuing education |
| 21 | | shall be obtained in continuing education programs as |
| 22 | | determined by Department rule and shall include no less |
| 23 | | than 20 hours of pharmacotherapeutics, including at least |
| 24 | | 10 hours related to opioid prescribing, substance use |
| 25 | | disorders, and safe prescribing. Continuing education |
| 26 | | programs shall be in the physician assistant's area of |
|
| | 10400SB3421sam003 | - 28 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | practice and may be conducted or endorsed by educational |
| 2 | | institutions, hospitals, professional associations, or |
| 3 | | other organizations approved to offer continuing education |
| 4 | | under this Act or rules. |
| 5 | | (2) A maximum of 30 hours of credit may be obtained |
| 6 | | through presentations in the physician assistant's |
| 7 | | clinical specialty, evidence-based practice, quality |
| 8 | | improvement projects, publications, research projects, or |
| 9 | | preceptor hours, as determined by Department rule. |
| 10 | | The rules adopted regarding continuing education shall be |
| 11 | | consistent, to the extent possible, with requirements of |
| 12 | | relevant national certifying bodies or State or national |
| 13 | | professional associations. |
| 14 | | The rules shall provide for variances in part or in whole |
| 15 | | for good cause, including, but not limited to, illness or |
| 16 | | hardship. |
| 17 | | Each physician assistant is responsible for maintaining |
| 18 | | records of completion of continuing education and shall be |
| 19 | | prepared to produce the records when requested by the |
| 20 | | Department. |
| 21 | | (h) The Department may adopt any rules necessary to |
| 22 | | administer this Section. |
| 23 | | (225 ILCS 95/7.10 new) |
| 24 | | Sec. 7.10. National certification requirement. A physician |
| 25 | | assistant with full practice authority shall maintain current |
|
| | 10400SB3421sam003 | - 29 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | national certification from a nationally recognized certifying |
| 2 | | body as a condition of licensure and practice. |
| 3 | | (225 ILCS 95/20) (from Ch. 111, par. 4620) |
| 4 | | (Section scheduled to be repealed on January 1, 2028) |
| 5 | | Sec. 20. Limitations. |
| 6 | | (a) No corporation, which stated purpose includes, or |
| 7 | | which practices, or which holds itself out as available to |
| 8 | | practice as a physician assistant or to practice any of the |
| 9 | | functions described in Section 4 of this Act, shall be issued a |
| 10 | | license by the Department, nor shall the Secretary of State |
| 11 | | approve or accept articles of incorporation for such a |
| 12 | | corporation. |
| 13 | | (b) Pursuant to subparagraph (a) of paragraph (2) of |
| 14 | | Section 3.6 of the Professional Service Corporation Act and |
| 15 | | Section 2 of the Medical Corporation Act, a person licensed |
| 16 | | under this Act may not own a corporation for the purposes of |
| 17 | | practicing medicine. |
| 18 | | (c) Pursuant to paragraph (2) of subsection (a) of Section |
| 19 | | 13 of the Professional Limited Liability Company Act, a person |
| 20 | | licensed under this Act may not own a professional limited |
| 21 | | liability company for the purposes of practicing medicine. |
| 22 | | (Source: P.A. 85-981.) |
| 23 | | (225 ILCS 95/21) (from Ch. 111, par. 4621) |
| 24 | | (Section scheduled to be repealed on January 1, 2028) |
|
| | 10400SB3421sam003 | - 30 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | Sec. 21. Grounds for disciplinary action. |
| 2 | | (a) The Department may refuse to issue or to renew, or may |
| 3 | | revoke, suspend, place on probation, reprimand, or take other |
| 4 | | disciplinary or non-disciplinary action with regard to any |
| 5 | | license issued under this Act as the Department may deem |
| 6 | | proper, including the issuance of fines not to exceed $10,000 |
| 7 | | for each violation, for any one or combination of the |
| 8 | | following causes: |
| 9 | | (1) Material misstatement in furnishing information to |
| 10 | | the Department. |
| 11 | | (2) Violations of this Act, or the rules adopted under |
| 12 | | this Act. |
| 13 | | (3) Conviction by plea of guilty or nolo contendere, |
| 14 | | finding of guilt, jury verdict, or entry of judgment or |
| 15 | | sentencing, including, but not limited to, convictions, |
| 16 | | preceding sentences of supervision, conditional discharge, |
| 17 | | or first offender probation, under the laws of any |
| 18 | | jurisdiction of the United States that is: (i) a felony; |
| 19 | | or (ii) a misdemeanor, an essential element of which is |
| 20 | | dishonesty, or that is directly related to the practice of |
| 21 | | the profession. |
| 22 | | (4) Making any misrepresentation for the purpose of |
| 23 | | obtaining licenses. |
| 24 | | (5) Professional incompetence. |
| 25 | | (6) Aiding or assisting another person in violating |
| 26 | | any provision of this Act or its rules. |
|
| | 10400SB3421sam003 | - 31 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (7) Failing, within 60 days, to provide information in |
| 2 | | response to a written request made by the Department. |
| 3 | | (8) Engaging in dishonorable, unethical, or |
| 4 | | unprofessional conduct, as defined by rule, of a character |
| 5 | | likely to deceive, defraud, or harm the public. |
| 6 | | (9) Habitual or excessive use or addiction to alcohol, |
| 7 | | narcotics, stimulants, or any other chemical agent or drug |
| 8 | | that results in a physician assistant's inability to |
| 9 | | practice with reasonable judgment, skill, or safety. |
| 10 | | (10) Discipline by another U.S. jurisdiction or |
| 11 | | foreign nation, if at least one of the grounds for |
| 12 | | discipline is the same or substantially equivalent to |
| 13 | | those set forth in this Section. |
| 14 | | (11) Directly or indirectly giving to or receiving |
| 15 | | from any person, firm, corporation, partnership, or |
| 16 | | association any fee, commission, rebate, or other form of |
| 17 | | compensation for any professional services not actually or |
| 18 | | personally rendered. Nothing in this paragraph (11) |
| 19 | | affects any bona fide independent contractor or employment |
| 20 | | arrangements, which may include provisions for |
| 21 | | compensation, health insurance, pension, or other |
| 22 | | employment benefits, with persons or entities authorized |
| 23 | | under this Act for the provision of services within the |
| 24 | | scope of the licensee's practice under this Act. |
| 25 | | (12) A finding by the Board that the licensee, after |
| 26 | | having his or her license placed on probationary status, |
|
| | 10400SB3421sam003 | - 32 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | has violated the terms of probation. |
| 2 | | (13) Abandonment of a patient. |
| 3 | | (14) Willfully making or filing false records or |
| 4 | | reports in his or her practice, including, but not limited |
| 5 | | to, false records filed with State agencies or |
| 6 | | departments. |
| 7 | | (15) Willfully failing to report an instance of |
| 8 | | suspected child abuse or neglect as required by the Abused |
| 9 | | and Neglected Child Reporting Act. |
| 10 | | (16) Physical illness, or mental illness or impairment |
| 11 | | that results in the inability to practice the profession |
| 12 | | with reasonable judgment, skill, or safety, including, but |
| 13 | | not limited to, deterioration through the aging process or |
| 14 | | loss of motor skill. |
| 15 | | (17) Being named as a perpetrator in an indicated |
| 16 | | report by the Department of Children and Family Services |
| 17 | | under the Abused and Neglected Child Reporting Act, and |
| 18 | | upon proof by clear and convincing evidence that the |
| 19 | | licensee has caused a child to be an abused child or |
| 20 | | neglected child as defined in the Abused and Neglected |
| 21 | | Child Reporting Act. |
| 22 | | (18) (Blank). |
| 23 | | (19) Gross negligence resulting in permanent injury or |
| 24 | | death of a patient. |
| 25 | | (20) Employment of fraud, deception or any unlawful |
| 26 | | means in applying for or securing a license as a physician |
|
| | 10400SB3421sam003 | - 33 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | assistant. |
| 2 | | (21) Exceeding the authority delegated to him or her |
| 3 | | by his or her collaborating physician in a written |
| 4 | | collaborative agreement, when the agreement is required |
| 5 | | under this Act. |
| 6 | | (22) Immoral conduct in the commission of any act, |
| 7 | | such as sexual abuse, sexual misconduct, or sexual |
| 8 | | exploitation related to the licensee's practice. |
| 9 | | (23) Violation of the Health Care Worker Self-Referral |
| 10 | | Act. |
| 11 | | (24) Practicing under a false or assumed name, except |
| 12 | | as provided by law. |
| 13 | | (25) Making a false or misleading statement regarding |
| 14 | | his or her skill or the efficacy or value of the medicine, |
| 15 | | treatment, or remedy prescribed by him or her in the |
| 16 | | course of treatment. |
| 17 | | (26) Allowing another person to use his or her license |
| 18 | | to practice. |
| 19 | | (27) Prescribing, selling, administering, |
| 20 | | distributing, giving, or self-administering a drug |
| 21 | | classified as a controlled substance for other than |
| 22 | | medically accepted therapeutic purposes. |
| 23 | | (28) Promotion of the sale of drugs, devices, |
| 24 | | appliances, or goods provided for a patient in a manner to |
| 25 | | exploit the patient for financial gain. |
| 26 | | (29) A pattern of practice or other behavior that |
|
| | 10400SB3421sam003 | - 34 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | demonstrates incapacity or incompetence to practice under |
| 2 | | this Act. |
| 3 | | (30) Violating State or federal laws or regulations |
| 4 | | relating to controlled substances or other legend drugs or |
| 5 | | ephedra as defined in the Ephedra Prohibition Act. |
| 6 | | (31) (Blank). Exceeding the prescriptive authority |
| 7 | | delegated by the collaborating physician or violating the |
| 8 | | written collaborative agreement delegating that authority. |
| 9 | | (32) (Blank). Practicing without providing to the |
| 10 | | Department a notice of collaboration or delegation of |
| 11 | | prescriptive authority. |
| 12 | | (33) Failure to establish and maintain records of |
| 13 | | patient care and treatment as required by law. |
| 14 | | (34) Attempting to subvert or cheat on the examination |
| 15 | | of the National Commission on Certification of Physician |
| 16 | | Assistants or its successor agency. |
| 17 | | (35) Willfully or negligently violating the |
| 18 | | confidentiality between physician assistant and patient, |
| 19 | | except as required by law. |
| 20 | | (36) Willfully failing to report an instance of |
| 21 | | suspected abuse, neglect, financial exploitation, or |
| 22 | | self-neglect of an eligible adult as defined in and |
| 23 | | required by the Adult Protective Services Act. |
| 24 | | (37) Being named as an abuser in a verified report by |
| 25 | | the Department on Aging under the Adult Protective |
| 26 | | Services Act and upon proof by clear and convincing |
|
| | 10400SB3421sam003 | - 35 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | evidence that the licensee abused, neglected, or |
| 2 | | financially exploited an eligible adult as defined in the |
| 3 | | Adult Protective Services Act. |
| 4 | | (38) Failure to report to the Department an adverse |
| 5 | | final action taken against him or her by another licensing |
| 6 | | jurisdiction of the United States or a foreign state or |
| 7 | | country, a peer review body, a health care institution, a |
| 8 | | professional society or association, a governmental |
| 9 | | agency, a law enforcement agency, or a court acts or |
| 10 | | conduct similar to acts or conduct that would constitute |
| 11 | | grounds for action under this Section. |
| 12 | | (39) Failure to provide copies of records of patient |
| 13 | | care or treatment, except as required by law. |
| 14 | | (40) (Blank). Entering into an excessive number of |
| 15 | | written collaborative agreements with licensed physicians |
| 16 | | resulting in an inability to adequately collaborate. |
| 17 | | (41) (Blank). Repeated failure to adequately |
| 18 | | collaborate with a collaborating physician. |
| 19 | | (42) Violating the Compassionate Use of Medical |
| 20 | | Cannabis Program Act. |
| 21 | | (b) The Department may, without a hearing, refuse to issue |
| 22 | | or renew or may suspend the license of any person who fails to |
| 23 | | file a return, or to pay the tax, penalty, or interest shown in |
| 24 | | a filed return, or to pay any final assessment of the tax, |
| 25 | | penalty, or interest as required by any tax Act administered |
| 26 | | by the Illinois Department of Revenue, until such time as the |
|
| | 10400SB3421sam003 | - 36 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | requirements of any such tax Act are satisfied. |
| 2 | | (b-5) The Department shall not revoke, suspend, summarily |
| 3 | | suspend, place on prohibition, reprimand, refuse to issue or |
| 4 | | renew, or take any other disciplinary or non-disciplinary |
| 5 | | action against a person's authorization to practice under this |
| 6 | | Act based solely upon the person providing, authorizing, |
| 7 | | recommending, aiding, assisting, referring for, or otherwise |
| 8 | | participating in any health care service, so long as the care |
| 9 | | was not unlawful under the laws of this State, regardless of |
| 10 | | whether the patient was a resident of this State or another |
| 11 | | state. |
| 12 | | (b-10) The Department shall not revoke, suspend, summarily |
| 13 | | suspend, place on prohibition, reprimand, refuse to issue or |
| 14 | | renew, or take any other disciplinary or non-disciplinary |
| 15 | | action against a person's authorization to practice under this |
| 16 | | Act based upon the person's license, registration, or permit |
| 17 | | being revoked or suspended, or the person being otherwise |
| 18 | | disciplined, by any other state if that revocation, |
| 19 | | suspension, or other form of discipline was based solely on |
| 20 | | the person violating another state's laws prohibiting the |
| 21 | | provision of, authorization of, recommendation of, aiding or |
| 22 | | assisting in, referring for, or participation in any health |
| 23 | | care service if that health care service as provided would not |
| 24 | | have been unlawful under the laws of this State and is |
| 25 | | consistent with the applicable standard of conduct for a |
| 26 | | person practicing in Illinois under this Act. |
|
| | 10400SB3421sam003 | - 37 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (b-15) The conduct specified in subsections (b-5) and |
| 2 | | (b-10) shall not constitute grounds for suspension under |
| 3 | | Section 22.13. |
| 4 | | (b-20) An applicant seeking licensure, certification, or |
| 5 | | authorization pursuant to this Act who has been subject to |
| 6 | | disciplinary action by a duly authorized professional |
| 7 | | disciplinary agency of another jurisdiction solely on the |
| 8 | | basis of having provided, authorized, recommended, aided, |
| 9 | | assisted, referred for, or otherwise participated in health |
| 10 | | care shall not be denied such licensure, certification, or |
| 11 | | authorization, unless the Department determines that such |
| 12 | | action would have constituted professional misconduct in this |
| 13 | | State; however, nothing in this Section shall be construed as |
| 14 | | prohibiting the Department from evaluating the conduct of such |
| 15 | | applicant and making a determination regarding the licensure, |
| 16 | | certification, or authorization to practice a profession under |
| 17 | | this Act. |
| 18 | | (c) The determination by a circuit court that a licensee |
| 19 | | is subject to involuntary admission or judicial admission as |
| 20 | | provided in the Mental Health and Developmental Disabilities |
| 21 | | Code operates as an automatic suspension. The suspension will |
| 22 | | end only upon a finding by a court that the patient is no |
| 23 | | longer subject to involuntary admission or judicial admission |
| 24 | | and issues an order so finding and discharging the patient, |
| 25 | | and upon the recommendation of the Board to the Secretary that |
| 26 | | the licensee be allowed to resume his or her practice. |
|
| | 10400SB3421sam003 | - 38 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (d) In enforcing this Section, the Department upon a |
| 2 | | showing of a possible violation may compel an individual |
| 3 | | licensed to practice under this Act, or who has applied for |
| 4 | | licensure under this Act, to submit to a mental or physical |
| 5 | | examination, or both, which may include a substance abuse or |
| 6 | | sexual offender evaluation, as required by and at the expense |
| 7 | | of the Department. |
| 8 | | The Department shall specifically designate the examining |
| 9 | | physician licensed to practice medicine in all of its branches |
| 10 | | or, if applicable, the multidisciplinary team involved in |
| 11 | | providing the mental or physical examination or both. The |
| 12 | | multidisciplinary team shall be led by a physician licensed to |
| 13 | | practice medicine in all of its branches and may consist of one |
| 14 | | or more or a combination of physicians licensed to practice |
| 15 | | medicine in all of its branches, licensed clinical |
| 16 | | psychologists, licensed clinical social workers, licensed |
| 17 | | clinical professional counselors, and other professional and |
| 18 | | administrative staff. Any examining physician or member of the |
| 19 | | multidisciplinary team may require any person ordered to |
| 20 | | submit to an examination pursuant to this Section to submit to |
| 21 | | any additional supplemental testing deemed necessary to |
| 22 | | complete any examination or evaluation process, including, but |
| 23 | | not limited to, blood testing, urinalysis, psychological |
| 24 | | testing, or neuropsychological testing. |
| 25 | | The Department may order the examining physician or any |
| 26 | | member of the multidisciplinary team to provide to the |
|
| | 10400SB3421sam003 | - 39 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | Department any and all records, including business records, |
| 2 | | that relate to the examination and evaluation, including any |
| 3 | | supplemental testing performed. |
| 4 | | The Department may order the examining physician or any |
| 5 | | member of the multidisciplinary team to present testimony |
| 6 | | concerning the mental or physical examination of the licensee |
| 7 | | or applicant. No information, report, record, or other |
| 8 | | documents in any way related to the examination shall be |
| 9 | | excluded by reason of any common law or statutory privilege |
| 10 | | relating to communications between the licensee or applicant |
| 11 | | and the examining physician or any member of the |
| 12 | | multidisciplinary team. No authorization is necessary from the |
| 13 | | licensee or applicant ordered to undergo an examination for |
| 14 | | the examining physician or any member of the multidisciplinary |
| 15 | | team to provide information, reports, records, or other |
| 16 | | documents or to provide any testimony regarding the |
| 17 | | examination and evaluation. |
| 18 | | The individual to be examined may have, at his or her own |
| 19 | | expense, another physician of his or her choice present during |
| 20 | | all aspects of this examination. However, that physician shall |
| 21 | | be present only to observe and may not interfere in any way |
| 22 | | with the examination. |
| 23 | | Failure of an individual to submit to a mental or physical |
| 24 | | examination, when ordered, shall result in an automatic |
| 25 | | suspension of his or her license until the individual submits |
| 26 | | to the examination. |
|
| | 10400SB3421sam003 | - 40 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | If the Department finds an individual unable to practice |
| 2 | | because of the reasons set forth in this Section, the |
| 3 | | Department may require that individual to submit to care, |
| 4 | | counseling, or treatment by physicians approved or designated |
| 5 | | by the Department, as a condition, term, or restriction for |
| 6 | | continued, reinstated, or renewed licensure to practice; or, |
| 7 | | in lieu of care, counseling, or treatment, the Department may |
| 8 | | file a complaint to immediately suspend, revoke, or otherwise |
| 9 | | discipline the license of the individual. An individual whose |
| 10 | | license was granted, continued, reinstated, renewed, |
| 11 | | disciplined, or supervised subject to such terms, conditions, |
| 12 | | or restrictions, and who fails to comply with such terms, |
| 13 | | conditions, or restrictions, shall be referred to the |
| 14 | | Secretary for a determination as to whether the individual |
| 15 | | shall have his or her license suspended immediately, pending a |
| 16 | | hearing by the Department. |
| 17 | | In instances in which the Secretary immediately suspends a |
| 18 | | person's license under this Section, a hearing on that |
| 19 | | person's license must be convened by the Department within 30 |
| 20 | | days after the suspension and completed without appreciable |
| 21 | | delay. The Department shall have the authority to review the |
| 22 | | subject individual's record of treatment and counseling |
| 23 | | regarding the impairment to the extent permitted by applicable |
| 24 | | federal statutes and regulations safeguarding the |
| 25 | | confidentiality of medical records. |
| 26 | | An individual licensed under this Act and affected under |
|
| | 10400SB3421sam003 | - 41 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | this Section shall be afforded an opportunity to demonstrate |
| 2 | | to the Department that he or she can resume practice in |
| 3 | | compliance with acceptable and prevailing standards under the |
| 4 | | provisions of his or her license. |
| 5 | | (e) An individual or organization acting in good faith, |
| 6 | | and not in a willful and wanton manner, in complying with this |
| 7 | | Section by providing a report or other information to the |
| 8 | | Board, by assisting in the investigation or preparation of a |
| 9 | | report or information, by participating in proceedings of the |
| 10 | | Board, or by serving as a member of the Board, shall not be |
| 11 | | subject to criminal prosecution or civil damages as a result |
| 12 | | of such actions. |
| 13 | | (f) Members of the Board shall be indemnified by the State |
| 14 | | for any actions occurring within the scope of services on the |
| 15 | | Board, done in good faith and not willful and wanton in nature. |
| 16 | | The Attorney General shall defend all such actions unless he |
| 17 | | or she determines either that there would be a conflict of |
| 18 | | interest in such representation or that the actions complained |
| 19 | | of were not in good faith or were willful and wanton. |
| 20 | | If the Attorney General declines representation, the |
| 21 | | member has the right to employ counsel of his or her choice, |
| 22 | | whose fees shall be provided by the State, after approval by |
| 23 | | the Attorney General, unless there is a determination by a |
| 24 | | court that the member's actions were not in good faith or were |
| 25 | | willful and wanton. |
| 26 | | The member must notify the Attorney General within 7 days |
|
| | 10400SB3421sam003 | - 42 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | after receipt of notice of the initiation of any action |
| 2 | | involving services of the Board. Failure to so notify the |
| 3 | | Attorney General constitutes an absolute waiver of the right |
| 4 | | to a defense and indemnification. |
| 5 | | The Attorney General shall determine, within 7 days after |
| 6 | | receiving such notice, whether he or she will undertake to |
| 7 | | represent the member. |
| 8 | | (g) The Department may adopt rules to implement, |
| 9 | | administer, and enforce this Section. |
| 10 | | (Source: P.A. 104-432, eff. 1-1-26.) |
| 11 | | Section 10. The Illinois Controlled Substances Act is |
| 12 | | amended by changing Sections 102 and 303.05 as follows: |
| 13 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) |
| 14 | | Sec. 102. Definitions. As used in this Act, unless the |
| 15 | | context otherwise requires: |
| 16 | | (a) "Person with a substance use disorder" means any |
| 17 | | person who has a substance use disorder diagnosis defined as a |
| 18 | | spectrum of persistent and recurring problematic behavior that |
| 19 | | encompasses 10 separate classes of drugs: alcohol; caffeine; |
| 20 | | cannabis; hallucinogens; inhalants; opioids; sedatives, |
| 21 | | hypnotics and anxiolytics; stimulants; and tobacco; and other |
| 22 | | unknown substances leading to clinically significant |
| 23 | | impairment or distress. |
| 24 | | (b) "Administer" means the direct application of a |
|
| | 10400SB3421sam003 | - 43 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | controlled substance, whether by injection, inhalation, |
| 2 | | ingestion, or any other means, to the body of a patient, |
| 3 | | research subject, or animal (as defined by the Humane |
| 4 | | Euthanasia in Animal Shelters Act) by: |
| 5 | | (1) a practitioner (or, in his or her presence, by his |
| 6 | | or her authorized agent), |
| 7 | | (2) the patient or research subject pursuant to an |
| 8 | | order, or |
| 9 | | (3) a euthanasia technician as defined by the Humane |
| 10 | | Euthanasia in Animal Shelters Act. |
| 11 | | (c) "Agent" means an authorized person who acts on behalf |
| 12 | | of or at the direction of a manufacturer, distributor, |
| 13 | | dispenser, prescriber, or practitioner. It does not include a |
| 14 | | common or contract carrier, public warehouseman or employee of |
| 15 | | the carrier or warehouseman. |
| 16 | | (c-1) "Anabolic Steroids" means any drug or hormonal |
| 17 | | substance, chemically and pharmacologically related to |
| 18 | | testosterone (other than estrogens, progestins, |
| 19 | | corticosteroids, and dehydroepiandrosterone), and includes: |
| 20 | | (i) 3[beta],17-dihydroxy-5a-androstane, |
| 21 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, |
| 22 | | (iii) 5[alpha]-androstan-3,17-dione, |
| 23 | | (iv) 1-androstenediol (3[beta], |
| 24 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
| 25 | | (v) 1-androstenediol (3[alpha], |
| 26 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
|
| | 10400SB3421sam003 | - 44 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (vi) 4-androstenediol |
| 2 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), |
| 3 | | (vii) 5-androstenediol |
| 4 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), |
| 5 | | (viii) 1-androstenedione |
| 6 | | ([5alpha]-androst-1-en-3,17-dione), |
| 7 | | (ix) 4-androstenedione |
| 8 | | (androst-4-en-3,17-dione), |
| 9 | | (x) 5-androstenedione |
| 10 | | (androst-5-en-3,17-dione), |
| 11 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- |
| 12 | | hydroxyandrost-4-en-3-one), |
| 13 | | (xii) boldenone (17[beta]-hydroxyandrost- |
| 14 | | 1,4,-diene-3-one), |
| 15 | | (xiii) boldione (androsta-1,4- |
| 16 | | diene-3,17-dione), |
| 17 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 |
| 18 | | [beta]-hydroxyandrost-4-en-3-one), |
| 19 | | (xv) clostebol (4-chloro-17[beta]- |
| 20 | | hydroxyandrost-4-en-3-one), |
| 21 | | (xvi) dehydrochloromethyltestosterone (4-chloro- |
| 22 | | 17[beta]-hydroxy-17[alpha]-methyl- |
| 23 | | androst-1,4-dien-3-one), |
| 24 | | (xvii) desoxymethyltestosterone |
| 25 | | (17[alpha]-methyl-5[alpha] |
| 26 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), |
|
| | 10400SB3421sam003 | - 45 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. |
| 2 | | '1-testosterone') (17[beta]-hydroxy- |
| 3 | | 5[alpha]-androst-1-en-3-one), |
| 4 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- |
| 5 | | androstan-3-one), |
| 6 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- |
| 7 | | 5[alpha]-androstan-3-one), |
| 8 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- |
| 9 | | hydroxyestr-4-ene), |
| 10 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- |
| 11 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), |
| 12 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], |
| 13 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), |
| 14 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- |
| 15 | | hydroxyandrostano[2,3-c]-furazan), |
| 16 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, |
| 17 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- |
| 18 | | androst-4-en-3-one), |
| 19 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- |
| 20 | | dihydroxy-estr-4-en-3-one), |
| 21 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- |
| 22 | | hydroxy-5-androstan-3-one), |
| 23 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- |
| 24 | | [5a]-androstan-3-one), |
| 25 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- |
| 26 | | hydroxyandrost-1,4-dien-3-one), |
|
| | 10400SB3421sam003 | - 46 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- |
| 2 | | dihydroxyandrost-5-ene), |
| 3 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- |
| 4 | | 5[alpha]-androst-1-en-3-one), |
| 5 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- |
| 6 | | dihydroxy-5a-androstane, |
| 7 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy |
| 8 | | -5a-androstane, |
| 9 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- |
| 10 | | dihydroxyandrost-4-ene), |
| 11 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- |
| 12 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), |
| 13 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- |
| 14 | | hydroxyestra-4,9(10)-dien-3-one), |
| 15 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- |
| 16 | | hydroxyestra-4,9-11-trien-3-one), |
| 17 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- |
| 18 | | hydroxyandrost-4-en-3-one), |
| 19 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- |
| 20 | | hydroxyestr-4-en-3-one), |
| 21 | | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone |
| 22 | | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- |
| 23 | | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- |
| 24 | | 1-testosterone'), |
| 25 | | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), |
| 26 | | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- |
|
| | 10400SB3421sam003 | - 47 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | dihydroxyestr-4-ene), |
| 2 | | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- |
| 3 | | dihydroxyestr-4-ene), |
| 4 | | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- |
| 5 | | dihydroxyestr-5-ene), |
| 6 | | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- |
| 7 | | dihydroxyestr-5-ene), |
| 8 | | (xlvii) 19-nor-4,9(10)-androstadienedione |
| 9 | | (estra-4,9(10)-diene-3,17-dione), |
| 10 | | (xlviii) 19-nor-4-androstenedione (estr-4- |
| 11 | | en-3,17-dione), |
| 12 | | (xlix) 19-nor-5-androstenedione (estr-5- |
| 13 | | en-3,17-dione), |
| 14 | | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- |
| 15 | | hydroxygon-4-en-3-one), |
| 16 | | (li) norclostebol (4-chloro-17[beta]- |
| 17 | | hydroxyestr-4-en-3-one), |
| 18 | | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- |
| 19 | | hydroxyestr-4-en-3-one), |
| 20 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- |
| 21 | | hydroxyestr-4-en-3-one), |
| 22 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- |
| 23 | | 2-oxa-5[alpha]-androstan-3-one), |
| 24 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- |
| 25 | | dihydroxyandrost-4-en-3-one), |
| 26 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- |
|
| | 10400SB3421sam003 | - 48 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), |
| 2 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- |
| 3 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), |
| 4 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- |
| 5 | | (5[alpha]-androst-1-en-3-one), |
| 6 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- |
| 7 | | secoandrosta-1,4-dien-17-oic |
| 8 | | acid lactone), |
| 9 | | (lx) testosterone (17[beta]-hydroxyandrost- |
| 10 | | 4-en-3-one), |
| 11 | | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- |
| 12 | | diethyl-17[beta]-hydroxygon- |
| 13 | | 4,9,11-trien-3-one), |
| 14 | | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, |
| 15 | | 11-trien-3-one). |
| 16 | | Any person who is otherwise lawfully in possession of an |
| 17 | | anabolic steroid, or who otherwise lawfully manufactures, |
| 18 | | distributes, dispenses, delivers, or possesses with intent to |
| 19 | | deliver an anabolic steroid, which anabolic steroid is |
| 20 | | expressly intended for and lawfully allowed to be administered |
| 21 | | through implants to livestock or other nonhuman species, and |
| 22 | | which is approved by the Secretary of Health and Human |
| 23 | | Services for such administration, and which the person intends |
| 24 | | to administer or have administered through such implants, |
| 25 | | shall not be considered to be in unauthorized possession or to |
| 26 | | unlawfully manufacture, distribute, dispense, deliver, or |
|
| | 10400SB3421sam003 | - 49 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | possess with intent to deliver such anabolic steroid for |
| 2 | | purposes of this Act. |
| 3 | | (d) "Administration" means the Drug Enforcement |
| 4 | | Administration, United States Department of Justice, or its |
| 5 | | successor agency. |
| 6 | | (d-5) "Clinical Director, Prescription Monitoring Program" |
| 7 | | means a Department of Human Services administrative employee |
| 8 | | licensed to either prescribe or dispense controlled substances |
| 9 | | who shall run the clinical aspects of the Department of Human |
| 10 | | Services Prescription Monitoring Program and its Prescription |
| 11 | | Information Library. |
| 12 | | (d-10) "Compounding" means the preparation and mixing of |
| 13 | | components, excluding flavorings, (1) as the result of a |
| 14 | | prescriber's prescription drug order or initiative based on |
| 15 | | the prescriber-patient-pharmacist relationship in the course |
| 16 | | of professional practice or (2) for the purpose of, or |
| 17 | | incident to, research, teaching, or chemical analysis and not |
| 18 | | for sale or dispensing. "Compounding" includes the preparation |
| 19 | | of drugs or devices in anticipation of receiving prescription |
| 20 | | drug orders based on routine, regularly observed dispensing |
| 21 | | patterns. Commercially available products may be compounded |
| 22 | | for dispensing to individual patients only if both of the |
| 23 | | following conditions are met: (i) the commercial product is |
| 24 | | not reasonably available from normal distribution channels in |
| 25 | | a timely manner to meet the patient's needs and (ii) the |
| 26 | | prescribing practitioner has requested that the drug be |
|
| | 10400SB3421sam003 | - 50 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | compounded. |
| 2 | | (e) "Control" means to add a drug or other substance, or |
| 3 | | immediate precursor, to a Schedule whether by transfer from |
| 4 | | another Schedule or otherwise. |
| 5 | | (f) "Controlled Substance" means (i) a drug, substance, |
| 6 | | immediate precursor, or synthetic drug in the Schedules of |
| 7 | | Article II of this Act or (ii) a drug or other substance, or |
| 8 | | immediate precursor, designated as a controlled substance by |
| 9 | | the Department through administrative rule. The term does not |
| 10 | | include distilled spirits, wine, malt beverages, or tobacco, |
| 11 | | as those terms are defined or used in the Liquor Control Act of |
| 12 | | 1934 and the Tobacco Products Tax Act of 1995. |
| 13 | | (f-5) "Controlled substance analog" means a substance: |
| 14 | | (1) the chemical structure of which is substantially |
| 15 | | similar to the chemical structure of a controlled |
| 16 | | substance in Schedule I or II; |
| 17 | | (2) which has a stimulant, depressant, or |
| 18 | | hallucinogenic effect on the central nervous system that |
| 19 | | is substantially similar to or greater than the stimulant, |
| 20 | | depressant, or hallucinogenic effect on the central |
| 21 | | nervous system of a controlled substance in Schedule I or |
| 22 | | II; or |
| 23 | | (3) with respect to a particular person, which such |
| 24 | | person represents or intends to have a stimulant, |
| 25 | | depressant, or hallucinogenic effect on the central |
| 26 | | nervous system that is substantially similar to or greater |
|
| | 10400SB3421sam003 | - 51 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | than the stimulant, depressant, or hallucinogenic effect |
| 2 | | on the central nervous system of a controlled substance in |
| 3 | | Schedule I or II. |
| 4 | | (g) "Counterfeit substance" means a controlled substance, |
| 5 | | which, or the container or labeling of which, without |
| 6 | | authorization bears the trademark, trade name, or other |
| 7 | | identifying mark, imprint, number or device, or any likeness |
| 8 | | thereof, of a manufacturer, distributor, or dispenser other |
| 9 | | than the person who in fact manufactured, distributed, or |
| 10 | | dispensed the substance. |
| 11 | | (h) "Deliver" or "delivery" means the actual, constructive |
| 12 | | or attempted transfer of possession of a controlled substance, |
| 13 | | with or without consideration, whether or not there is an |
| 14 | | agency relationship. "Deliver" or "delivery" does not include |
| 15 | | the donation of drugs to the extent permitted under the |
| 16 | | Illinois Drug Reuse Opportunity Program Act. |
| 17 | | (i) "Department" means the Illinois Department of Human |
| 18 | | Services (as successor to the Department of Alcoholism and |
| 19 | | Substance Abuse) or its successor agency. |
| 20 | | (j) (Blank). |
| 21 | | (k) "Department of Corrections" means the Department of |
| 22 | | Corrections of the State of Illinois or its successor agency. |
| 23 | | (l) "Department of Financial and Professional Regulation" |
| 24 | | means the Department of Financial and Professional Regulation |
| 25 | | of the State of Illinois or its successor agency. |
| 26 | | (m) "Depressant" means any drug that (i) causes an overall |
|
| | 10400SB3421sam003 | - 52 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | depression of central nervous system functions, (ii) causes |
| 2 | | impaired consciousness and awareness, and (iii) can be |
| 3 | | habit-forming or lead to a substance misuse or substance use |
| 4 | | disorder, including, but not limited to, alcohol, cannabis and |
| 5 | | its active principles and their analogs, benzodiazepines and |
| 6 | | their analogs, barbiturates and their analogs, opioids |
| 7 | | (natural and synthetic) and their analogs, and chloral hydrate |
| 8 | | and similar sedative hypnotics. |
| 9 | | (n) (Blank). |
| 10 | | (o) "Director" means the Director of the Illinois State |
| 11 | | Police or his or her designated agents. |
| 12 | | (p) "Dispense" means to deliver a controlled substance to |
| 13 | | an ultimate user or research subject by or pursuant to the |
| 14 | | lawful order of a prescriber, including the prescribing, |
| 15 | | administering, packaging, labeling, or compounding necessary |
| 16 | | to prepare the substance for that delivery. |
| 17 | | (q) "Dispenser" means a practitioner who dispenses. |
| 18 | | (r) "Distribute" means to deliver, other than by |
| 19 | | administering or dispensing, a controlled substance. |
| 20 | | (s) "Distributor" means a person who distributes. |
| 21 | | (t) "Drug" means (1) substances recognized as drugs in the |
| 22 | | official United States Pharmacopoeia, Official Homeopathic |
| 23 | | Pharmacopoeia of the United States, or official National |
| 24 | | Formulary, or any supplement to any of them; (2) substances |
| 25 | | intended for use in diagnosis, cure, mitigation, treatment, or |
| 26 | | prevention of disease in man or animals; (3) substances (other |
|
| | 10400SB3421sam003 | - 53 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | than food) intended to affect the structure of any function of |
| 2 | | the body of man or animals and (4) substances intended for use |
| 3 | | as a component of any article specified in clause (1), (2), or |
| 4 | | (3) of this subsection. It does not include devices or their |
| 5 | | components, parts, or accessories. |
| 6 | | (t-3) "Electronic health record" or "EHR" means an |
| 7 | | electronic record of health-related information on an |
| 8 | | individual that is created, gathered, managed, and consulted |
| 9 | | by authorized health care clinicians and staff. |
| 10 | | (t-3.5) "Electronic health record system" or "EHR system" |
| 11 | | means any computer-based system or combination of federally |
| 12 | | certified Health IT Modules (defined at 42 CFR 170.102 or its |
| 13 | | successor) used as a repository for electronic health records |
| 14 | | and accessed or updated by a prescriber or authorized |
| 15 | | surrogate in the ordinary course of his or her medical |
| 16 | | practice. For purposes of connecting to the Prescription |
| 17 | | Information Library maintained by the Bureau of Pharmacy and |
| 18 | | Clinical Support Systems or its successor, an EHR system may |
| 19 | | connect to the Prescription Information Library directly or |
| 20 | | through all or part of a computer program or system that is a |
| 21 | | federally certified Health IT Module maintained by a third |
| 22 | | party and used by the EHR system to secure access to the |
| 23 | | database. |
| 24 | | (t-4) "Emergency medical services personnel" has the |
| 25 | | meaning ascribed to it in the Emergency Medical Services (EMS) |
| 26 | | Systems Act. |
|
| | 10400SB3421sam003 | - 54 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (t-5) "Euthanasia agency" means an entity certified by the |
| 2 | | Department of Financial and Professional Regulation for the |
| 3 | | purpose of animal euthanasia that holds an animal control |
| 4 | | facility license or animal shelter license under the Animal |
| 5 | | Welfare Act. A euthanasia agency is authorized to purchase, |
| 6 | | store, possess, and utilize Schedule II nonnarcotic and |
| 7 | | Schedule III nonnarcotic drugs for the sole purpose of animal |
| 8 | | euthanasia. |
| 9 | | (t-10) "Euthanasia drugs" means Schedule II or Schedule |
| 10 | | III substances (nonnarcotic controlled substances) that are |
| 11 | | used by a euthanasia agency for the purpose of animal |
| 12 | | euthanasia. |
| 13 | | (u) "Good faith" means the prescribing or dispensing of a |
| 14 | | controlled substance by a practitioner in the regular course |
| 15 | | of professional treatment to or for any person who is under his |
| 16 | | or her treatment for a pathology or condition other than that |
| 17 | | individual's physical or psychological dependence upon a |
| 18 | | controlled substance, except as provided herein: and |
| 19 | | application of the term to a pharmacist shall mean the |
| 20 | | dispensing of a controlled substance pursuant to the |
| 21 | | prescriber's order which in the professional judgment of the |
| 22 | | pharmacist is lawful. The pharmacist shall be guided by |
| 23 | | accepted professional standards, including, but not limited |
| 24 | | to, the following, in making the judgment: |
| 25 | | (1) lack of consistency of prescriber-patient |
| 26 | | relationship, |
|
| | 10400SB3421sam003 | - 55 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (2) frequency of prescriptions for same drug by one |
| 2 | | prescriber for large numbers of patients, |
| 3 | | (3) quantities beyond those normally prescribed, |
| 4 | | (4) unusual dosages (recognizing that there may be |
| 5 | | clinical circumstances where more or less than the usual |
| 6 | | dose may be used legitimately), |
| 7 | | (5) unusual geographic distances between patient, |
| 8 | | pharmacist and prescriber, |
| 9 | | (6) consistent prescribing of habit-forming drugs. |
| 10 | | (u-0.5) "Hallucinogen" means a drug that causes markedly |
| 11 | | altered sensory perception leading to hallucinations of any |
| 12 | | type. |
| 13 | | (u-1) "Home infusion services" means services provided by |
| 14 | | a pharmacy in compounding solutions for direct administration |
| 15 | | to a patient in a private residence, long-term care facility, |
| 16 | | or hospice setting by means of parenteral, intravenous, |
| 17 | | intramuscular, subcutaneous, or intraspinal infusion. |
| 18 | | (u-5) "Illinois State Police" means the Illinois State |
| 19 | | Police or its successor agency. |
| 20 | | (v) "Immediate precursor" means a substance: |
| 21 | | (1) which the Department has found to be and by rule |
| 22 | | designated as being a principal compound used, or produced |
| 23 | | primarily for use, in the manufacture of a controlled |
| 24 | | substance; |
| 25 | | (2) which is an immediate chemical intermediary used |
| 26 | | or likely to be used in the manufacture of such controlled |
|
| | 10400SB3421sam003 | - 56 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | substance; and |
| 2 | | (3) the control of which is necessary to prevent, |
| 3 | | curtail or limit the manufacture of such controlled |
| 4 | | substance. |
| 5 | | (w) "Instructional activities" means the acts of teaching, |
| 6 | | educating or instructing by practitioners using controlled |
| 7 | | substances within educational facilities approved by the State |
| 8 | | Board of Education or its successor agency. |
| 9 | | (x) "Local authorities" means a duly organized State, |
| 10 | | County or Municipal peace unit or police force. |
| 11 | | (y) "Look-alike substance" means a substance, other than a |
| 12 | | controlled substance which (1) by overall dosage unit |
| 13 | | appearance, including shape, color, size, markings or lack |
| 14 | | thereof, taste, consistency, or any other identifying physical |
| 15 | | characteristic of the substance, would lead a reasonable |
| 16 | | person to believe that the substance is a controlled |
| 17 | | substance, or (2) is expressly or impliedly represented to be |
| 18 | | a controlled substance or is distributed under circumstances |
| 19 | | which would lead a reasonable person to believe that the |
| 20 | | substance is a controlled substance. For the purpose of |
| 21 | | determining whether the representations made or the |
| 22 | | circumstances of the distribution would lead a reasonable |
| 23 | | person to believe the substance to be a controlled substance |
| 24 | | under this clause (2) of subsection (y), the court or other |
| 25 | | authority may consider the following factors in addition to |
| 26 | | any other factor that may be relevant: |
|
| | 10400SB3421sam003 | - 57 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (a) statements made by the owner or person in control |
| 2 | | of the substance concerning its nature, use or effect; |
| 3 | | (b) statements made to the buyer or recipient that the |
| 4 | | substance may be resold for profit; |
| 5 | | (c) whether the substance is packaged in a manner |
| 6 | | normally used for the illegal distribution of controlled |
| 7 | | substances; |
| 8 | | (d) whether the distribution or attempted distribution |
| 9 | | included an exchange of or demand for money or other |
| 10 | | property as consideration, and whether the amount of the |
| 11 | | consideration was substantially greater than the |
| 12 | | reasonable retail market value of the substance. |
| 13 | | Clause (1) of this subsection (y) shall not apply to a |
| 14 | | noncontrolled substance in its finished dosage form that was |
| 15 | | initially introduced into commerce prior to the initial |
| 16 | | introduction into commerce of a controlled substance in its |
| 17 | | finished dosage form which it may substantially resemble. |
| 18 | | Nothing in this subsection (y) prohibits the dispensing or |
| 19 | | distributing of noncontrolled substances by persons authorized |
| 20 | | to dispense and distribute controlled substances under this |
| 21 | | Act, provided that such action would be deemed to be carried |
| 22 | | out in good faith under subsection (u) if the substances |
| 23 | | involved were controlled substances. |
| 24 | | Nothing in this subsection (y) or in this Act prohibits |
| 25 | | the manufacture, preparation, propagation, compounding, |
| 26 | | processing, packaging, advertising or distribution of a drug |
|
| | 10400SB3421sam003 | - 58 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | or drugs by any person registered pursuant to Section 510 of |
| 2 | | the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). |
| 3 | | (y-1) "Mail-order pharmacy" means a pharmacy that is |
| 4 | | located in a state of the United States that delivers, |
| 5 | | dispenses or distributes, through the United States Postal |
| 6 | | Service or other common carrier, to Illinois residents, any |
| 7 | | substance which requires a prescription. |
| 8 | | (z) "Manufacture" means the production, preparation, |
| 9 | | propagation, compounding, conversion or processing of a |
| 10 | | controlled substance other than methamphetamine, either |
| 11 | | directly or indirectly, by extraction from substances of |
| 12 | | natural origin, or independently by means of chemical |
| 13 | | synthesis, or by a combination of extraction and chemical |
| 14 | | synthesis, and includes any packaging or repackaging of the |
| 15 | | substance or labeling of its container, except that this term |
| 16 | | does not include: |
| 17 | | (1) by an ultimate user, the preparation or |
| 18 | | compounding of a controlled substance for his or her own |
| 19 | | use; |
| 20 | | (2) by a practitioner, or his or her authorized agent |
| 21 | | under his or her supervision, the preparation, |
| 22 | | compounding, packaging, or labeling of a controlled |
| 23 | | substance: |
| 24 | | (a) as an incident to his or her administering or |
| 25 | | dispensing of a controlled substance in the course of |
| 26 | | his or her professional practice; or |
|
| | 10400SB3421sam003 | - 59 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (b) as an incident to lawful research, teaching or |
| 2 | | chemical analysis and not for sale; or |
| 3 | | (3) the packaging, repackaging, or labeling of drugs |
| 4 | | only to the extent permitted under the Illinois Drug Reuse |
| 5 | | Opportunity Program Act. |
| 6 | | (z-1) (Blank). |
| 7 | | (z-5) "Medication shopping" means the conduct prohibited |
| 8 | | under subsection (a) of Section 314.5 of this Act. |
| 9 | | (z-10) "Mid-level practitioner" means (i) a physician |
| 10 | | assistant who has been delegated authority to prescribe |
| 11 | | through a written delegation of authority by a physician |
| 12 | | licensed to practice medicine in all of its branches, in |
| 13 | | accordance with Section 7.5 of the Physician Assistant |
| 14 | | Practice Act of 1987, (ii) an advanced practice registered |
| 15 | | nurse who has been delegated authority to prescribe through a |
| 16 | | written delegation of authority by a physician licensed to |
| 17 | | practice medicine in all of its branches or by a podiatric |
| 18 | | physician, in accordance with Section 65-40 of the Nurse |
| 19 | | Practice Act, (iii) an advanced practice registered nurse |
| 20 | | certified as a nurse practitioner, nurse midwife, or clinical |
| 21 | | nurse specialist who has been granted authority to prescribe |
| 22 | | by a hospital affiliate in accordance with Section 65-45 of |
| 23 | | the Nurse Practice Act, (iv) an animal euthanasia agency, or |
| 24 | | (v) a prescribing psychologist. |
| 25 | | (aa) "Narcotic drug" means any of the following, whether |
| 26 | | produced directly or indirectly by extraction from substances |
|
| | 10400SB3421sam003 | - 60 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | of vegetable origin, or independently by means of chemical |
| 2 | | synthesis, or by a combination of extraction and chemical |
| 3 | | synthesis: |
| 4 | | (1) opium, opiates, derivatives of opium and opiates, |
| 5 | | including their isomers, esters, ethers, salts, and salts |
| 6 | | of isomers, esters, and ethers, whenever the existence of |
| 7 | | such isomers, esters, ethers, and salts is possible within |
| 8 | | the specific chemical designation; however the term |
| 9 | | "narcotic drug" does not include the isoquinoline |
| 10 | | alkaloids of opium; |
| 11 | | (2) (blank); |
| 12 | | (3) opium poppy and poppy straw; |
| 13 | | (4) coca leaves, except coca leaves and extracts of |
| 14 | | coca leaves from which substantially all of the cocaine |
| 15 | | and ecgonine, and their isomers, derivatives and salts, |
| 16 | | have been removed; |
| 17 | | (5) cocaine, its salts, optical and geometric isomers, |
| 18 | | and salts of isomers; |
| 19 | | (6) ecgonine, its derivatives, their salts, isomers, |
| 20 | | and salts of isomers; |
| 21 | | (7) any compound, mixture, or preparation which |
| 22 | | contains any quantity of any of the substances referred to |
| 23 | | in subparagraphs (1) through (6). |
| 24 | | (bb) "Nurse" means a registered nurse licensed under the |
| 25 | | Nurse Practice Act. |
| 26 | | (cc) (Blank). |
|
| | 10400SB3421sam003 | - 61 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (dd) "Opiate" means a drug derived from or related to |
| 2 | | opium. |
| 3 | | (ee) "Opium poppy" means the plant of the species Papaver |
| 4 | | somniferum L., except its seeds. |
| 5 | | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or |
| 6 | | solution or other liquid form of medication intended for |
| 7 | | administration by mouth, but the term does not include a form |
| 8 | | of medication intended for buccal, sublingual, or transmucosal |
| 9 | | administration. |
| 10 | | (ff) "Parole and Pardon Board" means the Parole and Pardon |
| 11 | | Board of the State of Illinois or its successor agency. |
| 12 | | (gg) "Person" means any individual, corporation, |
| 13 | | mail-order pharmacy, government or governmental subdivision or |
| 14 | | agency, business trust, estate, trust, partnership or |
| 15 | | association, or any other entity. |
| 16 | | (hh) "Pharmacist" means any person who holds a license or |
| 17 | | certificate of registration as a registered pharmacist, a |
| 18 | | local registered pharmacist or a registered assistant |
| 19 | | pharmacist under the Pharmacy Practice Act. |
| 20 | | (ii) "Pharmacy" means any store, ship or other place in |
| 21 | | which pharmacy is authorized to be practiced under the |
| 22 | | Pharmacy Practice Act. |
| 23 | | (ii-5) "Pharmacy shopping" means the conduct prohibited |
| 24 | | under subsection (b) of Section 314.5 of this Act. |
| 25 | | (ii-10) "Physician" (except when the context otherwise |
| 26 | | requires) means a person licensed to practice medicine in all |
|
| | 10400SB3421sam003 | - 62 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | of its branches. |
| 2 | | (jj) "Poppy straw" means all parts, except the seeds, of |
| 3 | | the opium poppy, after mowing. |
| 4 | | (kk) "Practitioner" means a physician licensed to practice |
| 5 | | medicine in all its branches, dentist, optometrist, podiatric |
| 6 | | physician, veterinarian, scientific investigator, pharmacist, |
| 7 | | physician assistant, advanced practice registered nurse, |
| 8 | | licensed practical nurse, registered nurse, emergency medical |
| 9 | | services personnel, hospital, laboratory, or pharmacy, or |
| 10 | | other person licensed, registered, or otherwise lawfully |
| 11 | | permitted by the United States or this State to distribute, |
| 12 | | dispense, conduct research with respect to, administer or use |
| 13 | | in teaching or chemical analysis, a controlled substance in |
| 14 | | the course of professional practice or research. |
| 15 | | (ll) "Pre-printed prescription" means a written |
| 16 | | prescription upon which the designated drug has been indicated |
| 17 | | prior to the time of issuance; the term does not mean a written |
| 18 | | prescription that is individually generated by machine or |
| 19 | | computer in the prescriber's office. |
| 20 | | (mm) "Prescriber" means a physician licensed to practice |
| 21 | | medicine in all its branches, dentist, optometrist, |
| 22 | | prescribing psychologist licensed under Section 4.2 of the |
| 23 | | Clinical Psychologist Licensing Act with prescriptive |
| 24 | | authority delegated under Section 4.3 of the Clinical |
| 25 | | Psychologist Licensing Act, podiatric physician, or |
| 26 | | veterinarian who issues a prescription, a physician assistant |
|
| | 10400SB3421sam003 | - 63 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | who issues a prescription for a controlled substance in |
| 2 | | accordance with Section 303.05 of this Act and Section 7.8 of |
| 3 | | the Physician Assistant Practice Act of 1987, including a |
| 4 | | written delegation and written collaborative agreement when |
| 5 | | required under the Physician Assistant Practice Act of 1987, a |
| 6 | | physician assistant who issues a prescription for a controlled |
| 7 | | substance in accordance with Section 303.05, a written |
| 8 | | delegation, and a written collaborative agreement required |
| 9 | | under Section 7.5 of the Physician Assistant Practice Act of |
| 10 | | 1987, an advanced practice registered nurse with prescriptive |
| 11 | | authority delegated under Section 65-40 of the Nurse Practice |
| 12 | | Act and in accordance with Section 303.05, a written |
| 13 | | delegation, and a written collaborative agreement under |
| 14 | | Section 65-35 of the Nurse Practice Act, an advanced practice |
| 15 | | registered nurse certified as a nurse practitioner, nurse |
| 16 | | midwife, or clinical nurse specialist who has been granted |
| 17 | | authority to prescribe by a hospital affiliate in accordance |
| 18 | | with Section 65-45 of the Nurse Practice Act and in accordance |
| 19 | | with Section 303.05, or an advanced practice registered nurse |
| 20 | | certified as a nurse practitioner, nurse midwife, or clinical |
| 21 | | nurse specialist who has full practice authority pursuant to |
| 22 | | Section 65-43 of the Nurse Practice Act. |
| 23 | | (nn) "Prescription" means a written, facsimile, or oral |
| 24 | | order, or an electronic order that complies with applicable |
| 25 | | federal requirements, of a physician licensed to practice |
| 26 | | medicine in all its branches, dentist, podiatric physician or |
|
| | 10400SB3421sam003 | - 64 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | veterinarian for any controlled substance, of an optometrist |
| 2 | | in accordance with Section 15.1 of the Illinois Optometric |
| 3 | | Practice Act of 1987, of a prescribing psychologist licensed |
| 4 | | under Section 4.2 of the Clinical Psychologist Licensing Act |
| 5 | | with prescriptive authority delegated under Section 4.3 of the |
| 6 | | Clinical Psychologist Licensing Act, of a physician assistant |
| 7 | | for a controlled substance in accordance with Section 303.05 |
| 8 | | of this Act and Section 7.8 of the Physician Assistant |
| 9 | | Practice Act of 1987, including a written delegation and |
| 10 | | written collaborative agreement when required under the |
| 11 | | Physician Assistant Practice Act of 1987, of a physician |
| 12 | | assistant for a controlled substance in accordance with |
| 13 | | Section 303.05, a written delegation, and a written |
| 14 | | collaborative agreement required under Section 7.5 of the |
| 15 | | Physician Assistant Practice Act of 1987, of an advanced |
| 16 | | practice registered nurse with prescriptive authority |
| 17 | | delegated under Section 65-40 of the Nurse Practice Act who |
| 18 | | issues a prescription for a controlled substance in accordance |
| 19 | | with Section 303.05, a written delegation, and a written |
| 20 | | collaborative agreement under Section 65-35 of the Nurse |
| 21 | | Practice Act, of an advanced practice registered nurse |
| 22 | | certified as a nurse practitioner, nurse midwife, or clinical |
| 23 | | nurse specialist who has been granted authority to prescribe |
| 24 | | by a hospital affiliate in accordance with Section 65-45 of |
| 25 | | the Nurse Practice Act and in accordance with Section 303.05 |
| 26 | | when required by law, or of an advanced practice registered |
|
| | 10400SB3421sam003 | - 65 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | nurse certified as a nurse practitioner, nurse midwife, or |
| 2 | | clinical nurse specialist who has full practice authority |
| 3 | | pursuant to Section 65-43 of the Nurse Practice Act. |
| 4 | | (nn-5) "Prescription Information Library" (PIL) means an |
| 5 | | electronic library that contains reported controlled substance |
| 6 | | data. |
| 7 | | (nn-10) "Prescription Monitoring Program" (PMP) means the |
| 8 | | entity that collects, tracks, and stores reported data on |
| 9 | | controlled substances and select drugs pursuant to Section |
| 10 | | 316. |
| 11 | | (oo) "Production" or "produce" means manufacture, |
| 12 | | planting, cultivating, growing, or harvesting of a controlled |
| 13 | | substance other than methamphetamine. |
| 14 | | (pp) "Registrant" means every person who is required to |
| 15 | | register under Section 302 of this Act. |
| 16 | | (qq) "Registry number" means the number assigned to each |
| 17 | | person authorized to handle controlled substances under the |
| 18 | | laws of the United States and of this State. |
| 19 | | (qq-5) "Secretary" means, as the context requires, either |
| 20 | | the Secretary of the Department or the Secretary of the |
| 21 | | Department of Financial and Professional Regulation, and the |
| 22 | | Secretary's designated agents. |
| 23 | | (rr) "State" includes the State of Illinois and any state, |
| 24 | | district, commonwealth, territory, insular possession thereof, |
| 25 | | and any area subject to the legal authority of the United |
| 26 | | States of America. |
|
| | 10400SB3421sam003 | - 66 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (rr-5) "Stimulant" means any drug that (i) causes an |
| 2 | | overall excitation of central nervous system functions, (ii) |
| 3 | | causes impaired consciousness and awareness, and (iii) can be |
| 4 | | habit-forming or lead to a substance use disorder, including, |
| 5 | | but not limited to, amphetamines and their analogs, |
| 6 | | methylphenidate and its analogs, cocaine, and phencyclidine |
| 7 | | and its analogs. |
| 8 | | (rr-10) "Synthetic drug" includes, but is not limited to, |
| 9 | | any synthetic cannabinoids or piperazines or any synthetic |
| 10 | | cathinones as provided for in Schedule I. |
| 11 | | (ss) "Ultimate user" means a person who lawfully possesses |
| 12 | | a controlled substance for his or her own use or for the use of |
| 13 | | a member of his or her household or for administering to an |
| 14 | | animal owned by him or her or by a member of his or her |
| 15 | | household. |
| 16 | | (Source: P.A. 102-389, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 17 | | 102-813, eff. 5-13-22; 103-881, eff. 1-1-25.) |
| 18 | | (720 ILCS 570/303.05) |
| 19 | | Sec. 303.05. Mid-level practitioner registration. |
| 20 | | (a) The Department of Financial and Professional |
| 21 | | Regulation shall register licensed physician assistants, |
| 22 | | licensed advanced practice registered nurses, and prescribing |
| 23 | | psychologists licensed under Section 4.2 of the Clinical |
| 24 | | Psychologist Licensing Act to prescribe and dispense |
| 25 | | controlled substances under Section 303 and euthanasia |
|
| | 10400SB3421sam003 | - 67 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | agencies to purchase, store, or administer animal euthanasia |
| 2 | | drugs under the following circumstances: |
| 3 | | (1) with respect to physician assistants, the |
| 4 | | physician assistant is authorized to prescribe controlled |
| 5 | | substances under Section 7.8 of the Physician Assistant |
| 6 | | Practice Act of 1987, has completed the appropriate |
| 7 | | application forms, and has paid the required fees as set |
| 8 | | by rule. When a physician assistant is required under the |
| 9 | | Physician Assistant Practice Act of 1987 to prescribe |
| 10 | | pursuant to delegated prescriptive authority, the |
| 11 | | physician assistant's registration shall be consistent |
| 12 | | with the written delegation of authority and written |
| 13 | | collaborative agreement required under that Act. When a |
| 14 | | physician assistant prescribes Schedule II controlled |
| 15 | | substances pursuant to Section 7.8 of the Physician |
| 16 | | Assistant Practice Act of 1987, the physician assistant |
| 17 | | shall comply with the consultation relationship |
| 18 | | requirements of that Section. |
| 19 | | (A) the physician assistant has been delegated |
| 20 | | written authority to prescribe any Schedule III |
| 21 | | through V controlled substances by a physician |
| 22 | | licensed to practice medicine in all its branches in |
| 23 | | accordance with Section 7.5 of the Physician Assistant |
| 24 | | Practice Act of 1987; and the physician assistant has |
| 25 | | completed the appropriate application forms and has |
| 26 | | paid the required fees as set by rule; or |
|
| | 10400SB3421sam003 | - 68 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (B) the physician assistant has been delegated |
| 2 | | authority by a collaborating physician licensed to |
| 3 | | practice medicine in all its branches to prescribe or |
| 4 | | dispense Schedule II controlled substances through a |
| 5 | | written delegation of authority and under the |
| 6 | | following conditions: |
| 7 | | (i) Specific Schedule II controlled substances |
| 8 | | by oral dosage or topical or transdermal |
| 9 | | application may be delegated, provided that the |
| 10 | | delegated Schedule II controlled substances are |
| 11 | | routinely prescribed by the collaborating |
| 12 | | physician. This delegation must identify the |
| 13 | | specific Schedule II controlled substances by |
| 14 | | either brand name or generic name. Schedule II |
| 15 | | controlled substances to be delivered by injection |
| 16 | | or other route of administration may not be |
| 17 | | delegated; |
| 18 | | (ii) any delegation must be of controlled |
| 19 | | substances prescribed by the collaborating |
| 20 | | physician; |
| 21 | | (iii) all prescriptions must be limited to no |
| 22 | | more than a 30-day supply, with any continuation |
| 23 | | authorized only after prior approval of the |
| 24 | | collaborating physician; |
| 25 | | (iv) the physician assistant must discuss the |
| 26 | | condition of any patients for whom a controlled |
|
| | 10400SB3421sam003 | - 69 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | substance is prescribed monthly with the |
| 2 | | delegating physician; |
| 3 | | (v) the physician assistant must have completed |
| 4 | | the appropriate application forms and paid the |
| 5 | | required fees as set by rule; |
| 6 | | (vi) the physician assistant must provide evidence |
| 7 | | of satisfactory completion of 45 contact hours in |
| 8 | | pharmacology from any physician assistant program |
| 9 | | accredited by the Accreditation Review Commission on |
| 10 | | Education for the Physician Assistant (ARC-PA), or its |
| 11 | | predecessor agency, for any new license issued with |
| 12 | | Schedule II authority after the effective date of this |
| 13 | | amendatory Act of the 97th General Assembly; and |
| 14 | | (vii) the physician assistant must annually |
| 15 | | complete at least 5 hours of continuing education in |
| 16 | | pharmacology; |
| 17 | | (2) with respect to advanced practice registered |
| 18 | | nurses who do not meet the requirements of Section 65-43 |
| 19 | | of the Nurse Practice Act, |
| 20 | | (A) the advanced practice registered nurse has |
| 21 | | been delegated authority to prescribe any Schedule III |
| 22 | | through V controlled substances by a collaborating |
| 23 | | physician licensed to practice medicine in all its |
| 24 | | branches or a collaborating podiatric physician in |
| 25 | | accordance with Section 65-40 of the Nurse Practice |
| 26 | | Act. The advanced practice registered nurse has |
|
| | 10400SB3421sam003 | - 70 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | completed the appropriate application forms and has |
| 2 | | paid the required fees as set by rule; or |
| 3 | | (B) the advanced practice registered nurse has |
| 4 | | been delegated authority by a collaborating 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 | | physician. This delegation must identify the |
| 15 | | specific Schedule II controlled substances by |
| 16 | | either brand name or generic name. Schedule II |
| 17 | | controlled substances to be delivered by injection |
| 18 | | or other route of administration may not be |
| 19 | | delegated; |
| 20 | | (ii) any delegation must be of controlled |
| 21 | | substances prescribed by the collaborating |
| 22 | | physician; |
| 23 | | (iii) all prescriptions must be limited to no |
| 24 | | more than a 30-day supply, with any continuation |
| 25 | | authorized only after prior approval of the |
| 26 | | collaborating physician; |
|
| | 10400SB3421sam003 | - 71 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | (iv) the advanced practice registered nurse |
| 2 | | must discuss the condition of any patients for |
| 3 | | whom a controlled substance is prescribed monthly |
| 4 | | with the delegating physician or in the course of |
| 5 | | review as required by Section 65-40 of the Nurse |
| 6 | | Practice Act; |
| 7 | | (v) the advanced practice registered nurse |
| 8 | | must have completed the appropriate application |
| 9 | | forms and paid the required fees as set by rule; |
| 10 | | (vi) the advanced practice registered nurse |
| 11 | | must provide evidence of satisfactory completion |
| 12 | | of at least 45 graduate contact hours in |
| 13 | | pharmacology for any new license issued with |
| 14 | | Schedule II authority after the effective date of |
| 15 | | this amendatory Act of the 97th General Assembly; |
| 16 | | and |
| 17 | | (vii) the advanced practice registered nurse |
| 18 | | must annually complete 5 hours of continuing |
| 19 | | education in pharmacology; |
| 20 | | (2.5) with respect to advanced practice registered |
| 21 | | nurses certified as nurse practitioners, nurse midwives, |
| 22 | | or clinical nurse specialists who do not meet the |
| 23 | | requirements of Section 65-43 of the Nurse Practice Act |
| 24 | | practicing in a hospital affiliate, |
| 25 | | (A) the advanced practice registered nurse |
| 26 | | certified as a nurse practitioner, nurse midwife, or |
|
| | 10400SB3421sam003 | - 72 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | clinical nurse specialist has been privileged to |
| 2 | | prescribe any Schedule II through V controlled |
| 3 | | substances by the hospital affiliate upon the |
| 4 | | recommendation of the appropriate physician committee |
| 5 | | of the hospital affiliate in accordance with Section |
| 6 | | 65-45 of the Nurse Practice Act, has completed the |
| 7 | | appropriate application forms, and has paid the |
| 8 | | required fees as set by rule; and |
| 9 | | (B) an advanced practice registered nurse |
| 10 | | certified as a nurse practitioner, nurse midwife, or |
| 11 | | clinical nurse specialist has been privileged to |
| 12 | | prescribe any Schedule II controlled substances by the |
| 13 | | hospital affiliate upon the recommendation of the |
| 14 | | appropriate physician committee of the hospital |
| 15 | | affiliate, then the following conditions must be met: |
| 16 | | (i) specific Schedule II controlled substances |
| 17 | | by oral dosage or topical or transdermal |
| 18 | | application may be designated, provided that the |
| 19 | | designated Schedule II controlled substances are |
| 20 | | routinely prescribed by advanced practice |
| 21 | | registered nurses in their area of certification; |
| 22 | | the privileging documents must identify the |
| 23 | | specific Schedule II controlled substances by |
| 24 | | either brand name or generic name; privileges to |
| 25 | | prescribe or dispense Schedule II controlled |
| 26 | | substances to be delivered by injection or other |
|
| | 10400SB3421sam003 | - 73 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | route of administration may not be granted; |
| 2 | | (ii) any privileges must be controlled |
| 3 | | substances limited to the practice of the advanced |
| 4 | | practice registered nurse; |
| 5 | | (iii) any prescription must be limited to no |
| 6 | | more than a 30-day supply; |
| 7 | | (iv) the advanced practice registered nurse |
| 8 | | must discuss the condition of any patients for |
| 9 | | whom a controlled substance is prescribed monthly |
| 10 | | with the appropriate physician committee of the |
| 11 | | hospital affiliate or its physician designee; and |
| 12 | | (v) the advanced practice registered nurse |
| 13 | | must meet the education requirements of this |
| 14 | | Section; |
| 15 | | (3) with respect to animal euthanasia agencies, the |
| 16 | | euthanasia agency has obtained a license from the |
| 17 | | Department of Financial and Professional Regulation and |
| 18 | | obtained a registration number from the Department; or |
| 19 | | (4) with respect to prescribing psychologists, the |
| 20 | | prescribing psychologist has been delegated authority to |
| 21 | | prescribe any nonnarcotic Schedule III through V |
| 22 | | controlled substances by a collaborating physician |
| 23 | | licensed to practice medicine in all its branches in |
| 24 | | accordance with Section 4.3 of the Clinical Psychologist |
| 25 | | Licensing Act, and the prescribing psychologist has |
| 26 | | completed the appropriate application forms and has paid |
|
| | 10400SB3421sam003 | - 74 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | the required fees as set by rule. |
| 2 | | (b) Except as otherwise authorized under the applicable |
| 3 | | practice Act, a mid-level practitioner shall only be licensed |
| 4 | | to prescribe those schedules of controlled substances for |
| 5 | | which the mid-level practitioner has been granted prescriptive |
| 6 | | authority under the applicable practice Act. A physician |
| 7 | | assistant shall prescribe controlled substances only in |
| 8 | | accordance with the Physician Assistant Practice Act of 1987, |
| 9 | | including delegated prescriptive authority and a written |
| 10 | | collaborative agreement when required under that Act. A |
| 11 | | physician assistant who has satisfied the requirements of |
| 12 | | Section 7.9 of the Physician Assistant Practice Act of 1987 |
| 13 | | may prescribe controlled substances in accordance with Section |
| 14 | | 7.8 of that Act without delegation by a physician, except that |
| 15 | | a physician assistant prescribing Schedule II controlled |
| 16 | | substances shall comply with the consultation relationship |
| 17 | | requirements of Section 7.8 of that Act. A physician assistant |
| 18 | | and an advanced practice registered nurse are prohibited from |
| 19 | | prescribing medications and controlled substances not set |
| 20 | | forth in the required written delegation of authority or as |
| 21 | | otherwise authorized by their respective practice Acts. The |
| 22 | | mid-level practitioner shall only be licensed to prescribe |
| 23 | | those schedules of controlled substances for which a licensed |
| 24 | | physician has delegated prescriptive authority, except that an |
| 25 | | animal euthanasia agency does not have any prescriptive |
| 26 | | authority. A physician assistant and an advanced practice |
|
| | 10400SB3421sam003 | - 75 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | registered nurse are prohibited from prescribing medications |
| 2 | | and controlled substances not set forth in the required |
| 3 | | written delegation of authority or as authorized by their |
| 4 | | practice Act. |
| 5 | | (c) Upon completion of all registration requirements, |
| 6 | | physician assistants, advanced practice registered nurses, and |
| 7 | | animal euthanasia agencies may be issued a mid-level |
| 8 | | practitioner controlled substances license for Illinois. |
| 9 | | (d) A collaborating physician may, but is not required to, |
| 10 | | delegate prescriptive authority to an advanced practice |
| 11 | | registered nurse as part of a written collaborative agreement, |
| 12 | | and the delegation of prescriptive authority shall conform to |
| 13 | | the requirements of Section 65-40 of the Nurse Practice Act. |
| 14 | | (e) When delegated prescriptive authority is required |
| 15 | | under the Physician Assistant Practice Act of 1987, a |
| 16 | | collaborating physician may delegate prescriptive authority to |
| 17 | | a physician assistant as part of a written collaborative |
| 18 | | agreement or in another written delegation of prescriptive |
| 19 | | authority, and the delegation of prescriptive authority shall |
| 20 | | conform to the requirements of Section 7.5 and Section 7.8 of |
| 21 | | the Physician Assistant Practice Act of 1987. Nothing in this |
| 22 | | subsection shall be construed to require delegated |
| 23 | | prescriptive authority for a physician assistant who has |
| 24 | | satisfied the requirements of Section 7.9 of the Physician |
| 25 | | Assistant Practice Act of 1987, except as otherwise provided |
| 26 | | in Section 7.8 of that Act for Schedule II controlled |
|
| | 10400SB3421sam003 | - 76 - | LRB104 16644 CCC 37886 a |
|
|
| 1 | | substances. A collaborating physician may, but is not required |
| 2 | | to, delegate prescriptive authority to a physician assistant |
| 3 | | as part of a written collaborative agreement, and the |
| 4 | | delegation of prescriptive authority shall conform to the |
| 5 | | requirements of Section 7.5 of the Physician Assistant |
| 6 | | Practice Act of 1987. |
| 7 | | (f) Nothing in this Section shall be construed to prohibit |
| 8 | | generic substitution. |
| 9 | | (Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17; |
| 10 | | 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.) |
| 11 | | Section 99. Effective date. This Act takes effect upon |
| 12 | | becoming law, except that Section 7.9 of the Physician |
| 13 | | Assistant Practice Act of 1987 takes effect January 1, 2028.". |