Sen. Javier L. Cervantes

Filed: 5/15/2026

 

 


 

 


 
10400SB3421sam003LRB104 16644 CCC 37886 a

1
AMENDMENT TO SENATE BILL 3421

2    AMENDMENT NO. ______. Amend Senate Bill 3421, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Physician Assistant Practice Act of 1987
6is amended by changing Sections 4, 6, 7, 7.5, 7.7, 20, and 21
7and 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9    (Section scheduled to be repealed on January 1, 2028)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
12Professional Regulation.
13    2. "Secretary" means the Secretary of Financial and
14Professional Regulation.
15    3. "Physician assistant" means any person not holding an
16active license or permit issued by the Department pursuant to

 

 

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

 

 

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1acting as an agent of the physician, shall be permitted to
2transmit the collaborating physician's orders as determined by
3the institution's by-laws, policies, procedures, or job
4description within which the physician/physician assistant
5team practices. Physician assistants shall practice only in
6accordance with a written collaborative agreement.
7    Any person who holds an active license or permit issued
8pursuant to the Medical Practice Act of 1987 shall have that
9license automatically placed into inactive status upon
10issuance of a physician assistant license. Any person who
11holds an active license as a physician assistant who is issued
12a license or permit pursuant to the Medical Practice Act of
131987 shall have his or her physician assistant license
14automatically placed into inactive status.
15    3.5. "Physician assistant practice" means the performance
16of any legal medical service for which the physician assistant
17has been prepared by the physician assistant's education,
18training, and experience and is competent to perform as
19determined through an employment agreement or the
20credentialing and privileging system of a licensed facility.
21Medical and surgical services provided by physician assistants
22include, 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;

 

 

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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

 

 

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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
9Licensing Board constituted under the Medical Practice Act of
101987.
11    5. (Blank).
12    6. "Physician" means a person licensed to practice
13medicine in all of its branches under the Medical Practice Act
14of 1987.
15    7. "Collaborating physician" means the physician who,
16within his or her specialty and expertise, may delegate a
17variety of tasks and procedures to the physician assistant.
18Such tasks and procedures shall be delegated in accordance
19with a written collaborative agreement when the agreement is
20required under this Act.
21    8. (Blank).
22    9. "Address of record" means the designated address
23recorded by the Department in the applicant's application file
24or the licensee's application file or license file, as
25maintained by the Department's licensure maintenance unit.
26    10. "Hospital affiliate" means a corporation, partnership,

 

 

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1joint venture, limited liability company, or similar
2organization, other than a hospital, that is devoted primarily
3to the provision, management, or support of health care
4services and that directly or indirectly controls, is
5controlled by, or is under common control of the hospital. For
6the purposes of this definition, "control" means having at
7least an equal or a majority ownership or membership interest.
8A hospital affiliate shall be 100% owned or controlled by any
9combination of hospitals, their parent corporations, or
10physicians licensed to practice medicine in all its branches
11in Illinois. "Hospital affiliate" does not include a health
12maintenance organization regulated under the Health
13Maintenance Organization Act.
14    11. "Email address of record" means the designated email
15address recorded by the Department in the applicant's
16application file or the licensee's license file, as maintained
17by the Department's licensure maintenance unit.
18    12. "Federally qualified health center" means a health
19center funded under Section 330 of the federal Public Health
20Service 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,

 

 

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1physician, or associate with his or her name or any other term
2that would indicate to other persons that he or she is
3qualified to engage in the general practice of medicine.
4    (b) A physician assistant shall verbally identify himself
5or herself as a physician assistant, including, when
6applicable, specialty certification, to each patient.
7    (c) Nothing in this Act shall be construed to relieve a
8physician assistant of the professional or legal
9responsibility for the care and treatment of persons attended
10by him or her.
11    (d) (Blank). The collaborating physician shall file with
12the Department notice of employment, discharge, or
13collaboration with a physician assistant within 60 days of
14employment, discharge, or assumption of collaboration with a
15physician assistant. Nothing in this Section shall prevent a
16physician assistant from beginning his or her employment
17before the notice of employment or collaboration has been
18filed.
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
24written collaborative agreement is required for physician
25assistants engaged in clinical practice who have not satisfied

 

 

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1the requirements of Section 7.9.
2    (b) (a) A collaborating physician shall determine the
3number of physician assistants to collaborate with, provided
4the physician is able to provide adequate collaboration as
5outlined in the written collaborative agreement required under
6Section 7.5 of this Act and consideration is given to the
7nature of the physician's practice, complexity of the patient
8population, and the experience of each physician assistant. A
9collaborating physician may collaborate with a maximum of 7
10full-time equivalent physician assistants as described in
11Section 54.5 of the Medical Practice Act of 1987. As used in
12this Section, "full-time equivalent" means the equivalent of
1340 hours per week per individual. Physicians and physician
14assistants who work in a hospital, hospital affiliate,
15federally qualified health center, or ambulatory surgical
16treatment center as defined by Section 7.7 of this Act are
17exempt from the collaborative ratio restriction requirements
18of this Section. A physician assistant shall be able to hold
19more than one professional position. A collaborating physician
20shall file a notice of collaboration of each physician
21assistant according to the rules of the Department.
22    (c) Physician assistants shall collaborate only with
23physicians as defined in this Act who are engaged in clinical
24practice, or in clinical practice in public health or other
25community health facilities.
26    (d) Nothing in this Act shall be construed to limit the

 

 

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1delegation of tasks or duties by a physician to a nurse or
2other appropriately trained personnel.
3    (e) Nothing in this Act shall be construed to prohibit the
4employment of physician assistants by a hospital, nursing home
5or other health care facility where such physician assistants
6function with under a collaborating physician.
7    (f) A physician assistant may be employed by a practice
8group or other entity employing multiple physicians at one or
9more locations. In that case, one of the physicians practicing
10at a location shall be designated the collaborating physician.
11The other physicians with that practice group or other entity
12who practice in the same general type of practice or specialty
13as the collaborating physician may collaborate with the
14physician assistant with respect to their patients.
15    (g) (b) A physician assistant licensed in this State, or
16licensed or authorized to practice in any other U.S.
17jurisdiction or credentialed by his or her federal employer as
18a physician assistant, who is responding to a need for medical
19care created by an emergency or by a state or local disaster
20may render such care that the physician assistant is able to
21provide without collaboration as it is defined in this Section
22or with such collaboration as is available.
23    (h) Any physician who collaborates with a physician
24assistant providing medical care in response to such an
25emergency or state or local disaster shall not be required to
26meet the requirements set forth in this Section for a

 

 

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1collaborating 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
6authority.
7    (a) Except as otherwise authorized under this Act, a
8written collaborative agreement is required for physician
9assistants engaged in clinical practice who have not satisfied
10the requirements of Section 7.9. When a written collaborative
11agreement is required under this Act, the following shall
12apply: A written collaborative agreement is required for all
13physician assistants to practice in the State, except as
14provided 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

 

 

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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

 

 

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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
13requirements of Section 7.9 practices pursuant to a written
14collaborative agreement, the collaborating physician may
15delegate prescriptive authority to the physician assistant as
16part of the written collaborative agreement or in another
17written delegation of prescriptive authority consistent with
18this Act. This authority may include prescription of,
19selection of, orders for, administration of, storage of,
20acceptance of samples of, and dispensing medical devices,
21over-the-counter medications, legend drugs, medical gases, and
22controlled substances categorized as Schedule II through V
23controlled substances, as defined in Article II of the
24Illinois Controlled Substances Act, and other preparations,
25including, but not limited to, botanical and herbal remedies.
26A collaborating physician may, but is not required to,

 

 

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1delegate prescriptive authority to a physician assistant as
2part of a written collaborative agreement. This authority may,
3but is not required to, include prescription of, selection of,
4orders for, administration of, storage of, acceptance of
5samples of, and dispensing medical devices, over-the-counter
6medications, legend drugs, medical gases, and controlled
7substances categorized as Schedule II through V controlled
8substances, as defined in Article II of the Illinois
9Controlled Substances Act, and other preparations, including,
10but not limited to, botanical and herbal remedies. The
11collaborating physician must have a valid, current Illinois
12controlled substance license and federal registration with the
13Drug Enforcement Administration to delegate the authority to
14prescribe 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

 

 

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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.

 

 

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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
9delegation of tasks or duties by a physician to a licensed
10practical nurse, a registered professional nurse, or other
11persons. Nothing in this Act shall be construed to limit the
12method of delegation that may be authorized by any means,
13including, but not limited to, oral, written, electronic,
14standing orders, protocols, guidelines, or verbal orders.
15Nothing in this Act shall be construed to authorize a
16physician assistant to provide health care services required
17by law or rule to be performed by a physician. Nothing in this
18Act shall be construed to authorize the delegation or
19performance of operative surgery. Nothing in this Section
20shall be construed to preclude a physician assistant from
21assisting in surgery.
22    (c-5) (Blank). Nothing in this Section shall be construed
23to apply to any medication authority, including Schedule II
24controlled substances of a licensed physician assistant for
25care provided in a hospital, hospital affiliate, federally
26qualified health center, or ambulatory surgical treatment

 

 

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1center pursuant to Section 7.7 of this Act.
2    (d) (Blank).
3    (e) Nothing in this Section shall be construed to prohibit
4generic substitution.
5    (f) Delegation of prescriptive authority by a physician is
6not required under this Section.
7(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24;
8103-605, 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
12affiliates, federally qualified health centers, or ambulatory
13surgical treatment centers.
14    (a) A physician assistant may provide services in a
15hospital as defined in the Hospital Licensing Act, a hospital
16affiliate as defined in the University of Illinois Hospital
17Act, a federally qualified health center, or a licensed
18ambulatory surgical treatment center as defined in the
19Ambulatory Surgical Treatment Center Act without a written
20collaborative agreement pursuant to Section 7.5 of this Act
21only in accordance with this Section. A physician assistant
22must possess clinical privileges recommended by (i) the
23hospital medical staff and granted by the hospital, (ii) the
24physician committee and federally qualified health center, or
25(iii) the consulting medical staff committee and ambulatory

 

 

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1surgical treatment center in order to provide services. The
2medical staff, physician committee, or consulting medical
3staff committee shall periodically review the services of
4physician assistants granted clinical privileges, including
5any care provided in a hospital affiliate or federally
6qualified health center. A physician assistant practicing
7under this Section may prescribe, select, order, and
8administer medications, including controlled substances, only
9in accordance with Section 7.8 of this Act and applicable
10clinical privileges, credentialing, bylaws, policies, or
11consulting committee policies of the hospital, hospital
12affiliate, federally qualified health center, or ambulatory
13surgical treatment center. Authority may also be granted when
14recommended by the hospital medical staff and granted by the
15hospital, recommended by the physician committee and granted
16by the federally qualified health center, or recommended by
17the consulting medical staff committee and ambulatory surgical
18treatment center to individual physician assistants to select,
19order, and administer medications, including controlled
20substances, to provide delineated care. In a hospital,
21hospital affiliate, federally qualified health center, or
22ambulatory surgical treatment center, the attending physician
23shall determine a physician assistant's role in providing care
24for his or her patients, except as otherwise provided in the
25medical staff bylaws or consulting committee policies.
26    (a-5) A physician assistant practicing in a hospital

 

 

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1affiliate or a federally qualified health center may prescribe
2Schedule II, III, IV, or V controlled substances only in
3accordance with Section 7.8 of this Act and applicable
4clinical privileges, credentialing, bylaws, policies, or
5consulting committee policies of the hospital affiliate or
6federally qualified health center. To prescribe Schedule II,
7III, IV, or V controlled substances under this Act, a
8physician assistant must obtain a mid-level practitioner
9controlled substances license. Nothing in this subsection
10shall be construed to limit the authority of a hospital
11affiliate or federally qualified health center to establish
12credentialing, privileging, or other practice-site
13requirements applicable to physician assistants practicing
14within that facility or setting. Physician assistants
15practicing in a hospital affiliate or a federally qualified
16health center may be, but are not required to be, granted
17authority to prescribe Schedule II through V controlled
18substances when such authority is recommended by the
19appropriate physician committee of the hospital affiliate and
20granted by the hospital affiliate or recommended by the
21physician committee of the federally qualified health center
22and granted by the federally qualified health center. This
23authority may, but is not required to, include prescription
24of, selection of, orders for, administration of, storage of,
25acceptance of samples of, and dispensing over-the-counter
26medications, legend drugs, medical gases, and controlled

 

 

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1substances categorized as Schedule II through V controlled
2substances, as defined in Article II of the Illinois
3Controlled Substances Act, and other preparations, including,
4but 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
7practitioner controlled substance license. Medication orders
8shall be reviewed periodically by the appropriate hospital
9affiliate physicians committee or its physician designee or by
10the physician committee of a federally qualified health
11center.
12    The hospital affiliate or federally qualified health
13center shall file with the Department notice of a grant of
14prescriptive authority consistent with this subsection (a-5)
15and termination of such a grant of authority in accordance
16with rules of the Department. Upon receipt of this notice of
17grant of authority to prescribe any Schedule II through V
18controlled substances, the licensed physician assistant may
19register for a mid-level practitioner controlled substance
20license under Section 303.05 of the Illinois Controlled
21Substances Act.
22    In addition, a hospital affiliate or a federally qualified
23health center may, but is not required to, grant authority to a
24physician assistant to prescribe any Schedule II controlled
25substances if all of the following conditions apply:
26        (1) specific Schedule II controlled substances by oral

 

 

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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
25applicable clinical privileges, credentialing, bylaws,
26policies, or consulting committee policies to order

 

 

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1medications, including controlled substances, may complete
2discharge prescriptions in the name of the physician
3assistant. Nothing in this subsection shall be construed to
4limit the authority of a hospital, hospital affiliate,
5federally qualified health center, or ambulatory surgical
6treatment center to require additional review, approval,
7documentation, or involvement of the attending or discharging
8physician pursuant to its bylaws, policies, clinical
9privileges, credentialing, or consulting committee policies. A
10physician assistant granted authority to order medications
11including controlled substances may complete discharge
12prescriptions provided the prescription is in the name of the
13physician assistant and the attending or discharging
14physician.
15    (c) Physician assistants practicing in a hospital,
16hospital affiliate, federally qualified health center, or an
17ambulatory surgical treatment center are not required to
18obtain a mid-level controlled substance license to order
19controlled substances under Section 303.05 of the Illinois
20Controlled Substances Act.
21    (d) Delegation of prescriptive authority by a physician is
22not 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.

 

 

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1    (a) A physician assistant licensed under this Act may
2prescribe, dispense, order, administer, and procure drugs and
3medical devices only in accordance with this Act, applicable
4State and federal law, and any applicable employment
5agreement, written collaborative agreement when required under
6this Act, delegation of prescriptive authority when required
7under this Act, clinical privileges, credentialing, bylaws,
8policies, or consulting committee policies of the practice
9site. Prescriptive authority may include prescribing Schedule
10II, III, IV, and V controlled substances. To prescribe
11Schedule II, III, IV, or V controlled substances under this
12Act, a physician assistant must obtain a mid-level
13practitioner controlled substances license.
14    (b) A physician assistant prescribing Schedule II
15controlled substances shall do so only in a consultation
16relationship with a physician. This consultation relationship
17shall be recorded on the Prescription Monitoring Program
18website, pursuant to Section 316 of the Illinois Controlled
19Substances Act, by the physician and physician assistant and
20is not required to be filed with the Department.
21    The specific Schedule II controlled substance must be
22identified by either brand name or generic name.
23    At least monthly, the physician assistant and the
24physician must discuss the condition of any patients for whom
25a Schedule II controlled substance is prescribed.
26    Nothing in this subsection shall be construed to require a

 

 

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1prescription by a physician assistant to include a physician
2name.
3    The consultation relationship shall provide for physician
4availability for consultation on complex clinical cases and
5prescribing decisions, but shall not require the physical
6presence of the physician or constitute a supervisory or
7collaborative agreement, except when a written collaborative
8agreement is otherwise required under this Act. Documentation
9of the consultation relationship shall be maintained and made
10available to the Department upon request.
11    (c) Except as provided in subsection (d) of this Section
12or as otherwise authorized under this Act, a physician
13assistant who has not satisfied the requirements of Section
147.9 and who practices pursuant to a written collaborative
15agreement shall exercise prescriptive authority only if such
16authority has been delegated by the collaborating physician in
17the written collaborative agreement or in another written
18delegation of prescriptive authority consistent with this Act.
19    (d) A physician assistant who has satisfied the
20requirements of Section 7.9 may exercise prescriptive
21authority within the physician assistant's scope of practice
22without delegation of prescriptive authority by a physician,
23except that a physician assistant prescribing Schedule II
24controlled substances shall comply with subsection (b) of this
25Section.
26    (e) Nothing in this Section shall be construed to require

 

 

10400SB3421sam003- 24 -LRB104 16644 CCC 37886 a

1a hospital, hospital affiliate, federally qualified health
2center, ambulatory surgical treatment center, employer, or
3other practice site to authorize a physician assistant to
4prescribe, dispense, order, administer, or procure any drug,
5medical device, or controlled substance unless such authority
6is consistent with the physician assistant's employment
7agreement, written collaborative agreement when required under
8this Act, delegation of prescriptive authority when required
9under this Act, clinical privileges, credentialing, bylaws,
10policies, or consulting committee policies of the practice
11site.
 
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,
16specialty, subspecialty, practice setting, patient population,
17procedures, and categories of medical conditions in which a
18physician assistant seeks to practice without a written
19collaborative agreement and for which the physician assistant
20has completed the education, training, clinical experience,
21and continuing education necessary to practice competently.
22    For purposes of satisfying the clinical practice
23requirements of this Section, the physician assistant's scope
24of practice shall be based on clinical practice completed
25pursuant to a written collaborative agreement with a

 

 

10400SB3421sam003- 25 -LRB104 16644 CCC 37886 a

1collaborating physician and shall be within the scope of
2practice of that collaborating physician, or shall be based on
3clinical practice otherwise authorized under this Act or under
4the laws of another jurisdiction.
5    "Scope of practice" does not mean the full range of
6medical services that may generally be performed by physician
7assistants under this Act.
8    "Substantially related area of practice" means a clinical
9field, specialty, subspecialty, practice setting, or patient
10population that relies on substantially similar medical
11knowledge, clinical judgment, procedures, patient care
12responsibilities, and risk profile. General physician
13assistant education, training, or licensure alone is not
14sufficient to establish that 2 areas of practice are
15substantially related.
16    (b) A physician assistant licensed under this Act shall be
17deemed by law to possess the ability to practice without a
18written collaborative agreement upon meeting the requirements
19of this Section.
20    (c) A physician assistant licensed under this Act who
21files with the Department an attestation of completion of not
22less than 6,000 hours of postgraduate clinical practice,
23including at least 2,000 hours in the specific scope of
24practice, as defined in subsection (a), in which the physician
25assistant seeks to practice without a written collaborative
26agreement, completed pursuant to a written collaborative

 

 

10400SB3421sam003- 26 -LRB104 16644 CCC 37886 a

1agreement with a collaborating physician whose scope of
2practice includes such clinical practice or as otherwise
3authorized under this Act or under the laws of another
4jurisdiction, and at least 250 hours of continuing education
5or training, shall not require a written collaborative
6agreement. Documentation of successful completion shall be
7provided to the Department upon request. Completion of the
8clinical practice shall be attested to by a collaborating
9physician or employer or by submission of other evidence as
10established by Department rule.
11    (d) A physician assistant practicing without a written
12collaborative agreement shall practice within the physician
13assistant's scope of practice. The physician assistant shall
14consult with, collaborate with, or refer to another
15appropriate health care professional when the needs of the
16patient exceed the physician assistant's clinical experience.
17    (e) A physician assistant who has not satisfied the
18requirements of subsection (c) shall practice pursuant to a
19written collaborative agreement or as otherwise authorized
20under this Act. When a physician assistant practices pursuant
21to a written collaborative agreement, the physician assistant
22shall practice with a collaborating physician, as described in
23the written collaborative agreement and determined at the
24practice site, and within the scope of practice of the
25collaborating physician.
26    (f) If, after satisfying the requirements of subsection

 

 

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1(c), a physician assistant begins practice in a new scope of
2practice that is not substantially related to the specific
3scope of practice for which the physician assistant satisfied
4the requirements of subsection (c), the first 2,000 hours of
5postgraduate clinical practice in the new scope of practice
6shall be completed pursuant to a written collaborative
7agreement with a collaborating physician whose scope of
8practice includes such clinical practice or as otherwise
9authorized under this Act. When a physician assistant
10practices pursuant to a written collaborative agreement, the
11physician assistant shall practice with a collaborating
12physician, as described in the written collaborative agreement
13and determined at the practice site, and within the scope of
14practice of the collaborating physician.
15    (g) A physician assistant with full practice authority
16shall complete 80 hours of continuing education for every
172-year license renewal cycle. The 80 hours of continuing
18education required under this subsection shall be completed as
19follows:
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

 

 

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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
11consistent, to the extent possible, with requirements of
12relevant national certifying bodies or State or national
13professional associations.
14    The rules shall provide for variances in part or in whole
15for good cause, including, but not limited to, illness or
16hardship.
17    Each physician assistant is responsible for maintaining
18records of completion of continuing education and shall be
19prepared to produce the records when requested by the
20Department.
21    (h) The Department may adopt any rules necessary to
22administer this Section.
 
23    (225 ILCS 95/7.10 new)
24    Sec. 7.10. National certification requirement. A physician
25assistant with full practice authority shall maintain current

 

 

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1national certification from a nationally recognized certifying
2body 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
7which practices, or which holds itself out as available to
8practice as a physician assistant or to practice any of the
9functions described in Section 4 of this Act, shall be issued a
10license by the Department, nor shall the Secretary of State
11approve or accept articles of incorporation for such a
12corporation.
13    (b) Pursuant to subparagraph (a) of paragraph (2) of
14Section 3.6 of the Professional Service Corporation Act and
15Section 2 of the Medical Corporation Act, a person licensed
16under this Act may not own a corporation for the purposes of
17practicing medicine.
18    (c) Pursuant to paragraph (2) of subsection (a) of Section
1913 of the Professional Limited Liability Company Act, a person
20licensed under this Act may not own a professional limited
21liability 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)

 

 

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1    Sec. 21. Grounds for disciplinary action.
2    (a) The Department may refuse to issue or to renew, or may
3revoke, suspend, place on probation, reprimand, or take other
4disciplinary or non-disciplinary action with regard to any
5license issued under this Act as the Department may deem
6proper, including the issuance of fines not to exceed $10,000
7for each violation, for any one or combination of the
8following 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.

 

 

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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,

 

 

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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

 

 

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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
22or renew or may suspend the license of any person who fails to
23file a return, or to pay the tax, penalty, or interest shown in
24a filed return, or to pay any final assessment of the tax,
25penalty, or interest as required by any tax Act administered
26by the Illinois Department of Revenue, until such time as the

 

 

10400SB3421sam003- 36 -LRB104 16644 CCC 37886 a

1requirements of any such tax Act are satisfied.
2    (b-5) The Department shall not revoke, suspend, summarily
3suspend, place on prohibition, reprimand, refuse to issue or
4renew, or take any other disciplinary or non-disciplinary
5action against a person's authorization to practice under this
6Act based solely upon the person providing, authorizing,
7recommending, aiding, assisting, referring for, or otherwise
8participating in any health care service, so long as the care
9was not unlawful under the laws of this State, regardless of
10whether the patient was a resident of this State or another
11state.
12    (b-10) The Department shall not revoke, suspend, summarily
13suspend, place on prohibition, reprimand, refuse to issue or
14renew, or take any other disciplinary or non-disciplinary
15action against a person's authorization to practice under this
16Act based upon the person's license, registration, or permit
17being revoked or suspended, or the person being otherwise
18disciplined, by any other state if that revocation,
19suspension, or other form of discipline was based solely on
20the person violating another state's laws prohibiting the
21provision of, authorization of, recommendation of, aiding or
22assisting in, referring for, or participation in any health
23care service if that health care service as provided would not
24have been unlawful under the laws of this State and is
25consistent with the applicable standard of conduct for a
26person 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
3Section 22.13.
4    (b-20) An applicant seeking licensure, certification, or
5authorization pursuant to this Act who has been subject to
6disciplinary action by a duly authorized professional
7disciplinary agency of another jurisdiction solely on the
8basis of having provided, authorized, recommended, aided,
9assisted, referred for, or otherwise participated in health
10care shall not be denied such licensure, certification, or
11authorization, unless the Department determines that such
12action would have constituted professional misconduct in this
13State; however, nothing in this Section shall be construed as
14prohibiting the Department from evaluating the conduct of such
15applicant and making a determination regarding the licensure,
16certification, or authorization to practice a profession under
17this Act.
18    (c) The determination by a circuit court that a licensee
19is subject to involuntary admission or judicial admission as
20provided in the Mental Health and Developmental Disabilities
21Code operates as an automatic suspension. The suspension will
22end only upon a finding by a court that the patient is no
23longer subject to involuntary admission or judicial admission
24and issues an order so finding and discharging the patient,
25and upon the recommendation of the Board to the Secretary that
26the 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
2showing of a possible violation may compel an individual
3licensed to practice under this Act, or who has applied for
4licensure under this Act, to submit to a mental or physical
5examination, or both, which may include a substance abuse or
6sexual offender evaluation, as required by and at the expense
7of the Department.
8    The Department shall specifically designate the examining
9physician licensed to practice medicine in all of its branches
10or, if applicable, the multidisciplinary team involved in
11providing the mental or physical examination or both. The
12multidisciplinary team shall be led by a physician licensed to
13practice medicine in all of its branches and may consist of one
14or more or a combination of physicians licensed to practice
15medicine in all of its branches, licensed clinical
16psychologists, licensed clinical social workers, licensed
17clinical professional counselors, and other professional and
18administrative staff. Any examining physician or member of the
19multidisciplinary team may require any person ordered to
20submit to an examination pursuant to this Section to submit to
21any additional supplemental testing deemed necessary to
22complete any examination or evaluation process, including, but
23not limited to, blood testing, urinalysis, psychological
24testing, or neuropsychological testing.
25    The Department may order the examining physician or any
26member of the multidisciplinary team to provide to the

 

 

10400SB3421sam003- 39 -LRB104 16644 CCC 37886 a

1Department any and all records, including business records,
2that relate to the examination and evaluation, including any
3supplemental testing performed.
4    The Department may order the examining physician or any
5member of the multidisciplinary team to present testimony
6concerning the mental or physical examination of the licensee
7or applicant. No information, report, record, or other
8documents in any way related to the examination shall be
9excluded by reason of any common law or statutory privilege
10relating to communications between the licensee or applicant
11and the examining physician or any member of the
12multidisciplinary team. No authorization is necessary from the
13licensee or applicant ordered to undergo an examination for
14the examining physician or any member of the multidisciplinary
15team to provide information, reports, records, or other
16documents or to provide any testimony regarding the
17examination and evaluation.
18    The individual to be examined may have, at his or her own
19expense, another physician of his or her choice present during
20all aspects of this examination. However, that physician shall
21be present only to observe and may not interfere in any way
22with the examination.
23     Failure of an individual to submit to a mental or physical
24examination, when ordered, shall result in an automatic
25suspension of his or her license until the individual submits
26to the examination.

 

 

10400SB3421sam003- 40 -LRB104 16644 CCC 37886 a

1    If the Department finds an individual unable to practice
2because of the reasons set forth in this Section, the
3Department may require that individual to submit to care,
4counseling, or treatment by physicians approved or designated
5by the Department, as a condition, term, or restriction for
6continued, reinstated, or renewed licensure to practice; or,
7in lieu of care, counseling, or treatment, the Department may
8file a complaint to immediately suspend, revoke, or otherwise
9discipline the license of the individual. An individual whose
10license was granted, continued, reinstated, renewed,
11disciplined, or supervised subject to such terms, conditions,
12or restrictions, and who fails to comply with such terms,
13conditions, or restrictions, shall be referred to the
14Secretary for a determination as to whether the individual
15shall have his or her license suspended immediately, pending a
16hearing by the Department.
17    In instances in which the Secretary immediately suspends a
18person's license under this Section, a hearing on that
19person's license must be convened by the Department within 30
20days after the suspension and completed without appreciable
21delay. The Department shall have the authority to review the
22subject individual's record of treatment and counseling
23regarding the impairment to the extent permitted by applicable
24federal statutes and regulations safeguarding the
25confidentiality of medical records.
26    An individual licensed under this Act and affected under

 

 

10400SB3421sam003- 41 -LRB104 16644 CCC 37886 a

1this Section shall be afforded an opportunity to demonstrate
2to the Department that he or she can resume practice in
3compliance with acceptable and prevailing standards under the
4provisions of his or her license.
5    (e) An individual or organization acting in good faith,
6and not in a willful and wanton manner, in complying with this
7Section by providing a report or other information to the
8Board, by assisting in the investigation or preparation of a
9report or information, by participating in proceedings of the
10Board, or by serving as a member of the Board, shall not be
11subject to criminal prosecution or civil damages as a result
12of such actions.
13    (f) Members of the Board shall be indemnified by the State
14for any actions occurring within the scope of services on the
15Board, done in good faith and not willful and wanton in nature.
16The Attorney General shall defend all such actions unless he
17or she determines either that there would be a conflict of
18interest in such representation or that the actions complained
19of were not in good faith or were willful and wanton.
20    If the Attorney General declines representation, the
21member has the right to employ counsel of his or her choice,
22whose fees shall be provided by the State, after approval by
23the Attorney General, unless there is a determination by a
24court that the member's actions were not in good faith or were
25willful and wanton.
26    The member must notify the Attorney General within 7 days

 

 

10400SB3421sam003- 42 -LRB104 16644 CCC 37886 a

1after receipt of notice of the initiation of any action
2involving services of the Board. Failure to so notify the
3Attorney General constitutes an absolute waiver of the right
4to a defense and indemnification.
5    The Attorney General shall determine, within 7 days after
6receiving such notice, whether he or she will undertake to
7represent the member.
8    (g) The Department may adopt rules to implement,
9administer, and enforce this Section.
10(Source: P.A. 104-432, eff. 1-1-26.)
 
11    Section 10. The Illinois Controlled Substances Act is
12amended 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
15context otherwise requires:
16    (a) "Person with a substance use disorder" means any
17person who has a substance use disorder diagnosis defined as a
18spectrum of persistent and recurring problematic behavior that
19encompasses 10 separate classes of drugs: alcohol; caffeine;
20cannabis; hallucinogens; inhalants; opioids; sedatives,
21hypnotics and anxiolytics; stimulants; and tobacco; and other
22unknown substances leading to clinically significant
23impairment or distress.
24    (b) "Administer" means the direct application of a

 

 

10400SB3421sam003- 43 -LRB104 16644 CCC 37886 a

1controlled substance, whether by injection, inhalation,
2ingestion, or any other means, to the body of a patient,
3research subject, or animal (as defined by the Humane
4Euthanasia 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
12of or at the direction of a manufacturer, distributor,
13dispenser, prescriber, or practitioner. It does not include a
14common or contract carrier, public warehouseman or employee of
15the carrier or warehouseman.
16    (c-1) "Anabolic Steroids" means any drug or hormonal
17substance, chemically and pharmacologically related to
18testosterone (other than estrogens, progestins,
19corticosteroids, 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
17anabolic steroid, or who otherwise lawfully manufactures,
18distributes, dispenses, delivers, or possesses with intent to
19deliver an anabolic steroid, which anabolic steroid is
20expressly intended for and lawfully allowed to be administered
21through implants to livestock or other nonhuman species, and
22which is approved by the Secretary of Health and Human
23Services for such administration, and which the person intends
24to administer or have administered through such implants,
25shall not be considered to be in unauthorized possession or to
26unlawfully manufacture, distribute, dispense, deliver, or

 

 

10400SB3421sam003- 49 -LRB104 16644 CCC 37886 a

1possess with intent to deliver such anabolic steroid for
2purposes of this Act.
3    (d) "Administration" means the Drug Enforcement
4Administration, United States Department of Justice, or its
5successor agency.
6    (d-5) "Clinical Director, Prescription Monitoring Program"
7means a Department of Human Services administrative employee
8licensed to either prescribe or dispense controlled substances
9who shall run the clinical aspects of the Department of Human
10Services Prescription Monitoring Program and its Prescription
11Information Library.
12    (d-10) "Compounding" means the preparation and mixing of
13components, excluding flavorings, (1) as the result of a
14prescriber's prescription drug order or initiative based on
15the prescriber-patient-pharmacist relationship in the course
16of professional practice or (2) for the purpose of, or
17incident to, research, teaching, or chemical analysis and not
18for sale or dispensing. "Compounding" includes the preparation
19of drugs or devices in anticipation of receiving prescription
20drug orders based on routine, regularly observed dispensing
21patterns. Commercially available products may be compounded
22for dispensing to individual patients only if both of the
23following conditions are met: (i) the commercial product is
24not reasonably available from normal distribution channels in
25a timely manner to meet the patient's needs and (ii) the
26prescribing practitioner has requested that the drug be

 

 

10400SB3421sam003- 50 -LRB104 16644 CCC 37886 a

1compounded.
2    (e) "Control" means to add a drug or other substance, or
3immediate precursor, to a Schedule whether by transfer from
4another Schedule or otherwise.
5    (f) "Controlled Substance" means (i) a drug, substance,
6immediate precursor, or synthetic drug in the Schedules of
7Article II of this Act or (ii) a drug or other substance, or
8immediate precursor, designated as a controlled substance by
9the Department through administrative rule. The term does not
10include distilled spirits, wine, malt beverages, or tobacco,
11as those terms are defined or used in the Liquor Control Act of
121934 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,
5which, or the container or labeling of which, without
6authorization bears the trademark, trade name, or other
7identifying mark, imprint, number or device, or any likeness
8thereof, of a manufacturer, distributor, or dispenser other
9than the person who in fact manufactured, distributed, or
10dispensed the substance.
11    (h) "Deliver" or "delivery" means the actual, constructive
12or attempted transfer of possession of a controlled substance,
13with or without consideration, whether or not there is an
14agency relationship. "Deliver" or "delivery" does not include
15the donation of drugs to the extent permitted under the
16Illinois Drug Reuse Opportunity Program Act.
17    (i) "Department" means the Illinois Department of Human
18Services (as successor to the Department of Alcoholism and
19Substance Abuse) or its successor agency.
20    (j) (Blank).
21    (k) "Department of Corrections" means the Department of
22Corrections of the State of Illinois or its successor agency.
23    (l) "Department of Financial and Professional Regulation"
24means the Department of Financial and Professional Regulation
25of 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

1depression of central nervous system functions, (ii) causes
2impaired consciousness and awareness, and (iii) can be
3habit-forming or lead to a substance misuse or substance use
4disorder, including, but not limited to, alcohol, cannabis and
5its active principles and their analogs, benzodiazepines and
6their analogs, barbiturates and their analogs, opioids
7(natural and synthetic) and their analogs, and chloral hydrate
8and similar sedative hypnotics.
9    (n) (Blank).
10    (o) "Director" means the Director of the Illinois State
11Police or his or her designated agents.
12    (p) "Dispense" means to deliver a controlled substance to
13an ultimate user or research subject by or pursuant to the
14lawful order of a prescriber, including the prescribing,
15administering, packaging, labeling, or compounding necessary
16to prepare the substance for that delivery.
17    (q) "Dispenser" means a practitioner who dispenses.
18    (r) "Distribute" means to deliver, other than by
19administering or dispensing, a controlled substance.
20    (s) "Distributor" means a person who distributes.
21    (t) "Drug" means (1) substances recognized as drugs in the
22official United States Pharmacopoeia, Official Homeopathic
23Pharmacopoeia of the United States, or official National
24Formulary, or any supplement to any of them; (2) substances
25intended for use in diagnosis, cure, mitigation, treatment, or
26prevention of disease in man or animals; (3) substances (other

 

 

10400SB3421sam003- 53 -LRB104 16644 CCC 37886 a

1than food) intended to affect the structure of any function of
2the body of man or animals and (4) substances intended for use
3as a component of any article specified in clause (1), (2), or
4(3) of this subsection. It does not include devices or their
5components, parts, or accessories.
6    (t-3) "Electronic health record" or "EHR" means an
7electronic record of health-related information on an
8individual that is created, gathered, managed, and consulted
9by authorized health care clinicians and staff.
10    (t-3.5) "Electronic health record system" or "EHR system"
11means any computer-based system or combination of federally
12certified Health IT Modules (defined at 42 CFR 170.102 or its
13successor) used as a repository for electronic health records
14and accessed or updated by a prescriber or authorized
15surrogate in the ordinary course of his or her medical
16practice. For purposes of connecting to the Prescription
17Information Library maintained by the Bureau of Pharmacy and
18Clinical Support Systems or its successor, an EHR system may
19connect to the Prescription Information Library directly or
20through all or part of a computer program or system that is a
21federally certified Health IT Module maintained by a third
22party and used by the EHR system to secure access to the
23database.
24    (t-4) "Emergency medical services personnel" has the
25meaning ascribed to it in the Emergency Medical Services (EMS)
26Systems Act.

 

 

10400SB3421sam003- 54 -LRB104 16644 CCC 37886 a

1    (t-5) "Euthanasia agency" means an entity certified by the
2Department of Financial and Professional Regulation for the
3purpose of animal euthanasia that holds an animal control
4facility license or animal shelter license under the Animal
5Welfare Act. A euthanasia agency is authorized to purchase,
6store, possess, and utilize Schedule II nonnarcotic and
7Schedule III nonnarcotic drugs for the sole purpose of animal
8euthanasia.
9    (t-10) "Euthanasia drugs" means Schedule II or Schedule
10III substances (nonnarcotic controlled substances) that are
11used by a euthanasia agency for the purpose of animal
12euthanasia.
13    (u) "Good faith" means the prescribing or dispensing of a
14controlled substance by a practitioner in the regular course
15of professional treatment to or for any person who is under his
16or her treatment for a pathology or condition other than that
17individual's physical or psychological dependence upon a
18controlled substance, except as provided herein: and
19application of the term to a pharmacist shall mean the
20dispensing of a controlled substance pursuant to the
21prescriber's order which in the professional judgment of the
22pharmacist is lawful. The pharmacist shall be guided by
23accepted professional standards, including, but not limited
24to, 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
11altered sensory perception leading to hallucinations of any
12type.
13    (u-1) "Home infusion services" means services provided by
14a pharmacy in compounding solutions for direct administration
15to a patient in a private residence, long-term care facility,
16or hospice setting by means of parenteral, intravenous,
17intramuscular, subcutaneous, or intraspinal infusion.
18    (u-5) "Illinois State Police" means the Illinois State
19Police 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,
6educating or instructing by practitioners using controlled
7substances within educational facilities approved by the State
8Board of Education or its successor agency.
9    (x) "Local authorities" means a duly organized State,
10County or Municipal peace unit or police force.
11    (y) "Look-alike substance" means a substance, other than a
12controlled substance which (1) by overall dosage unit
13appearance, including shape, color, size, markings or lack
14thereof, taste, consistency, or any other identifying physical
15characteristic of the substance, would lead a reasonable
16person to believe that the substance is a controlled
17substance, or (2) is expressly or impliedly represented to be
18a controlled substance or is distributed under circumstances
19which would lead a reasonable person to believe that the
20substance is a controlled substance. For the purpose of
21determining whether the representations made or the
22circumstances of the distribution would lead a reasonable
23person to believe the substance to be a controlled substance
24under this clause (2) of subsection (y), the court or other
25authority may consider the following factors in addition to
26any 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
14noncontrolled substance in its finished dosage form that was
15initially introduced into commerce prior to the initial
16introduction into commerce of a controlled substance in its
17finished dosage form which it may substantially resemble.
18    Nothing in this subsection (y) prohibits the dispensing or
19distributing of noncontrolled substances by persons authorized
20to dispense and distribute controlled substances under this
21Act, provided that such action would be deemed to be carried
22out in good faith under subsection (u) if the substances
23involved were controlled substances.
24    Nothing in this subsection (y) or in this Act prohibits
25the manufacture, preparation, propagation, compounding,
26processing, packaging, advertising or distribution of a drug

 

 

10400SB3421sam003- 58 -LRB104 16644 CCC 37886 a

1or drugs by any person registered pursuant to Section 510 of
2the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
3    (y-1) "Mail-order pharmacy" means a pharmacy that is
4located in a state of the United States that delivers,
5dispenses or distributes, through the United States Postal
6Service or other common carrier, to Illinois residents, any
7substance which requires a prescription.
8    (z) "Manufacture" means the production, preparation,
9propagation, compounding, conversion or processing of a
10controlled substance other than methamphetamine, either
11directly or indirectly, by extraction from substances of
12natural origin, or independently by means of chemical
13synthesis, or by a combination of extraction and chemical
14synthesis, and includes any packaging or repackaging of the
15substance or labeling of its container, except that this term
16does 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
8under subsection (a) of Section 314.5 of this Act.
9    (z-10) "Mid-level practitioner" means (i) a physician
10assistant who has been delegated authority to prescribe
11through a written delegation of authority by a physician
12licensed to practice medicine in all of its branches, in
13accordance with Section 7.5 of the Physician Assistant
14Practice Act of 1987, (ii) an advanced practice registered
15nurse who has been delegated authority to prescribe through a
16written delegation of authority by a physician licensed to
17practice medicine in all of its branches or by a podiatric
18physician, in accordance with Section 65-40 of the Nurse
19Practice Act, (iii) an advanced practice registered nurse
20certified as a nurse practitioner, nurse midwife, or clinical
21nurse specialist who has been granted authority to prescribe
22by a hospital affiliate in accordance with Section 65-45 of
23the Nurse Practice Act, (iv) an animal euthanasia agency, or
24(v) a prescribing psychologist.
25    (aa) "Narcotic drug" means any of the following, whether
26produced directly or indirectly by extraction from substances

 

 

10400SB3421sam003- 60 -LRB104 16644 CCC 37886 a

1of vegetable origin, or independently by means of chemical
2synthesis, or by a combination of extraction and chemical
3synthesis:
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
25Nurse Practice Act.
26    (cc) (Blank).

 

 

10400SB3421sam003- 61 -LRB104 16644 CCC 37886 a

1    (dd) "Opiate" means a drug derived from or related to
2opium.
3    (ee) "Opium poppy" means the plant of the species Papaver
4somniferum L., except its seeds.
5    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
6solution or other liquid form of medication intended for
7administration by mouth, but the term does not include a form
8of medication intended for buccal, sublingual, or transmucosal
9administration.
10    (ff) "Parole and Pardon Board" means the Parole and Pardon
11Board of the State of Illinois or its successor agency.
12    (gg) "Person" means any individual, corporation,
13mail-order pharmacy, government or governmental subdivision or
14agency, business trust, estate, trust, partnership or
15association, or any other entity.
16    (hh) "Pharmacist" means any person who holds a license or
17certificate of registration as a registered pharmacist, a
18local registered pharmacist or a registered assistant
19pharmacist under the Pharmacy Practice Act.
20    (ii) "Pharmacy" means any store, ship or other place in
21which pharmacy is authorized to be practiced under the
22Pharmacy Practice Act.
23    (ii-5) "Pharmacy shopping" means the conduct prohibited
24under subsection (b) of Section 314.5 of this Act.
25    (ii-10) "Physician" (except when the context otherwise
26requires) means a person licensed to practice medicine in all

 

 

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1of its branches.
2    (jj) "Poppy straw" means all parts, except the seeds, of
3the opium poppy, after mowing.
4    (kk) "Practitioner" means a physician licensed to practice
5medicine in all its branches, dentist, optometrist, podiatric
6physician, veterinarian, scientific investigator, pharmacist,
7physician assistant, advanced practice registered nurse,
8licensed practical nurse, registered nurse, emergency medical
9services personnel, hospital, laboratory, or pharmacy, or
10other person licensed, registered, or otherwise lawfully
11permitted by the United States or this State to distribute,
12dispense, conduct research with respect to, administer or use
13in teaching or chemical analysis, a controlled substance in
14the course of professional practice or research.
15    (ll) "Pre-printed prescription" means a written
16prescription upon which the designated drug has been indicated
17prior to the time of issuance; the term does not mean a written
18prescription that is individually generated by machine or
19computer in the prescriber's office.
20    (mm) "Prescriber" means a physician licensed to practice
21medicine in all its branches, dentist, optometrist,
22prescribing psychologist licensed under Section 4.2 of the
23Clinical Psychologist Licensing Act with prescriptive
24authority delegated under Section 4.3 of the Clinical
25Psychologist Licensing Act, podiatric physician, or
26veterinarian who issues a prescription, a physician assistant

 

 

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1who issues a prescription for a controlled substance in
2accordance with Section 303.05 of this Act and Section 7.8 of
3the Physician Assistant Practice Act of 1987, including a
4written delegation and written collaborative agreement when
5required under the Physician Assistant Practice Act of 1987, a
6physician assistant who issues a prescription for a controlled
7substance in accordance with Section 303.05, a written
8delegation, and a written collaborative agreement required
9under Section 7.5 of the Physician Assistant Practice Act of
101987, an advanced practice registered nurse with prescriptive
11authority delegated under Section 65-40 of the Nurse Practice
12Act and in accordance with Section 303.05, a written
13delegation, and a written collaborative agreement under
14Section 65-35 of the Nurse Practice Act, an advanced practice
15registered nurse certified as a nurse practitioner, nurse
16midwife, or clinical nurse specialist who has been granted
17authority to prescribe by a hospital affiliate in accordance
18with Section 65-45 of the Nurse Practice Act and in accordance
19with Section 303.05, or an advanced practice registered nurse
20certified as a nurse practitioner, nurse midwife, or clinical
21nurse specialist who has full practice authority pursuant to
22Section 65-43 of the Nurse Practice Act.
23    (nn) "Prescription" means a written, facsimile, or oral
24order, or an electronic order that complies with applicable
25federal requirements, of a physician licensed to practice
26medicine in all its branches, dentist, podiatric physician or

 

 

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1veterinarian for any controlled substance, of an optometrist
2in accordance with Section 15.1 of the Illinois Optometric
3Practice Act of 1987, of a prescribing psychologist licensed
4under Section 4.2 of the Clinical Psychologist Licensing Act
5with prescriptive authority delegated under Section 4.3 of the
6Clinical Psychologist Licensing Act, of a physician assistant
7for a controlled substance in accordance with Section 303.05
8of this Act and Section 7.8 of the Physician Assistant
9Practice Act of 1987, including a written delegation and
10written collaborative agreement when required under the
11Physician Assistant Practice Act of 1987, of a physician
12assistant for a controlled substance in accordance with
13Section 303.05, a written delegation, and a written
14collaborative agreement required under Section 7.5 of the
15Physician Assistant Practice Act of 1987, of an advanced
16practice registered nurse with prescriptive authority
17delegated under Section 65-40 of the Nurse Practice Act who
18issues a prescription for a controlled substance in accordance
19with Section 303.05, a written delegation, and a written
20collaborative agreement under Section 65-35 of the Nurse
21Practice Act, of an advanced practice registered nurse
22certified as a nurse practitioner, nurse midwife, or clinical
23nurse specialist who has been granted authority to prescribe
24by a hospital affiliate in accordance with Section 65-45 of
25the Nurse Practice Act and in accordance with Section 303.05
26when required by law, or of an advanced practice registered

 

 

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1nurse certified as a nurse practitioner, nurse midwife, or
2clinical nurse specialist who has full practice authority
3pursuant to Section 65-43 of the Nurse Practice Act.
4    (nn-5) "Prescription Information Library" (PIL) means an
5electronic library that contains reported controlled substance
6data.
7    (nn-10) "Prescription Monitoring Program" (PMP) means the
8entity that collects, tracks, and stores reported data on
9controlled substances and select drugs pursuant to Section
10316.
11    (oo) "Production" or "produce" means manufacture,
12planting, cultivating, growing, or harvesting of a controlled
13substance other than methamphetamine.
14    (pp) "Registrant" means every person who is required to
15register under Section 302 of this Act.
16    (qq) "Registry number" means the number assigned to each
17person authorized to handle controlled substances under the
18laws of the United States and of this State.
19    (qq-5) "Secretary" means, as the context requires, either
20the Secretary of the Department or the Secretary of the
21Department of Financial and Professional Regulation, and the
22Secretary's designated agents.
23    (rr) "State" includes the State of Illinois and any state,
24district, commonwealth, territory, insular possession thereof,
25and any area subject to the legal authority of the United
26States of America.

 

 

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1    (rr-5) "Stimulant" means any drug that (i) causes an
2overall excitation of central nervous system functions, (ii)
3causes impaired consciousness and awareness, and (iii) can be
4habit-forming or lead to a substance use disorder, including,
5but not limited to, amphetamines and their analogs,
6methylphenidate and its analogs, cocaine, and phencyclidine
7and its analogs.
8    (rr-10) "Synthetic drug" includes, but is not limited to,
9any synthetic cannabinoids or piperazines or any synthetic
10cathinones as provided for in Schedule I.
11    (ss) "Ultimate user" means a person who lawfully possesses
12a controlled substance for his or her own use or for the use of
13a member of his or her household or for administering to an
14animal owned by him or her or by a member of his or her
15household.
16(Source: P.A. 102-389, eff. 1-1-22; 102-538, eff. 8-20-21;
17102-813, 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
21Regulation shall register licensed physician assistants,
22licensed advanced practice registered nurses, and prescribing
23psychologists licensed under Section 4.2 of the Clinical
24Psychologist Licensing Act to prescribe and dispense
25controlled substances under Section 303 and euthanasia

 

 

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1agencies to purchase, store, or administer animal euthanasia
2drugs 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

 

 

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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

 

 

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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

 

 

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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;

 

 

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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

 

 

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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

 

 

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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

 

 

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1    the required fees as set by rule.
2    (b) Except as otherwise authorized under the applicable
3practice Act, a mid-level practitioner shall only be licensed
4to prescribe those schedules of controlled substances for
5which the mid-level practitioner has been granted prescriptive
6authority under the applicable practice Act. A physician
7assistant shall prescribe controlled substances only in
8accordance with the Physician Assistant Practice Act of 1987,
9including delegated prescriptive authority and a written
10collaborative agreement when required under that Act. A
11physician assistant who has satisfied the requirements of
12Section 7.9 of the Physician Assistant Practice Act of 1987
13may prescribe controlled substances in accordance with Section
147.8 of that Act without delegation by a physician, except that
15a physician assistant prescribing Schedule II controlled
16substances shall comply with the consultation relationship
17requirements of Section 7.8 of that Act. A physician assistant
18and an advanced practice registered nurse are prohibited from
19prescribing medications and controlled substances not set
20forth in the required written delegation of authority or as
21otherwise authorized by their respective practice Acts. The
22mid-level practitioner shall only be licensed to prescribe
23those schedules of controlled substances for which a licensed
24physician has delegated prescriptive authority, except that an
25animal euthanasia agency does not have any prescriptive
26authority. A physician assistant and an advanced practice

 

 

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1registered nurse are prohibited from prescribing medications
2and controlled substances not set forth in the required
3written delegation of authority or as authorized by their
4practice Act.
5    (c) Upon completion of all registration requirements,
6physician assistants, advanced practice registered nurses, and
7animal euthanasia agencies may be issued a mid-level
8practitioner controlled substances license for Illinois.
9    (d) A collaborating physician may, but is not required to,
10delegate prescriptive authority to an advanced practice
11registered nurse as part of a written collaborative agreement,
12and the delegation of prescriptive authority shall conform to
13the requirements of Section 65-40 of the Nurse Practice Act.
14    (e) When delegated prescriptive authority is required
15under the Physician Assistant Practice Act of 1987, a
16collaborating physician may delegate prescriptive authority to
17a physician assistant as part of a written collaborative
18agreement or in another written delegation of prescriptive
19authority, and the delegation of prescriptive authority shall
20conform to the requirements of Section 7.5 and Section 7.8 of
21the Physician Assistant Practice Act of 1987. Nothing in this
22subsection shall be construed to require delegated
23prescriptive authority for a physician assistant who has
24satisfied the requirements of Section 7.9 of the Physician
25Assistant Practice Act of 1987, except as otherwise provided
26in Section 7.8 of that Act for Schedule II controlled

 

 

10400SB3421sam003- 76 -LRB104 16644 CCC 37886 a

1substances. A collaborating physician may, but is not required
2to, delegate prescriptive authority to a physician assistant
3as part of a written collaborative agreement, and the
4delegation of prescriptive authority shall conform to the
5requirements of Section 7.5 of the Physician Assistant
6Practice Act of 1987.
7    (f) Nothing in this Section shall be construed to prohibit
8generic substitution.
9(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
10100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law, except that Section 7.9 of the Physician
13Assistant Practice Act of 1987 takes effect January 1, 2028.".