Illinois 2023-2024 Regular Session

Illinois House Bill HB2306 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2306 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: See Index Amends the Physician Assistant Practice Act of 1987. Changes the definition of "physician assistant", "physician assistant practice", "board", and "collaborating physician". Removes the definition of "disciplinary board" and changes references from the "disciplinary board" to the Illinois State Medical Board throughout the Act. Provides that a physician assistant shall be deemed by law to possess the ability to prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of such authority by a physician. Provides that such ability shall include prescribing of Schedule II, III, IV, and V controlled substances. Provides that to prescribe Schedule II, III, IV, or V controlled substances under the Act, a physician assistant shall obtain a mid-level practitioner controlled substances licenses. Provides that when a written collaboration agreement is required under the Act, delegation of prescriptive authority by a physician is not required. Provides that a physician assistant who files with the Department of Financial and Professional Regulation a notarized attestation of completion of at least 250 hours of continuing education or training and at least 2,000 hours of clinical experience after first attaining national certification shall not require a written collaborative agreement. Provides the specified scope of practice of a physician assistant with optimal practice authority. Provides that a physician assistant shall be able to hold more than one professional position. Makes changes in provisions concerning the physician assistant title, collaboration requirements, and the written collaborative agreement. Makes other changes and corresponding changes to the Act and to the Illinois Controlled Substances Act. LRB103 05245 AMQ 50263 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2306 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: See Index See Index Amends the Physician Assistant Practice Act of 1987. Changes the definition of "physician assistant", "physician assistant practice", "board", and "collaborating physician". Removes the definition of "disciplinary board" and changes references from the "disciplinary board" to the Illinois State Medical Board throughout the Act. Provides that a physician assistant shall be deemed by law to possess the ability to prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of such authority by a physician. Provides that such ability shall include prescribing of Schedule II, III, IV, and V controlled substances. Provides that to prescribe Schedule II, III, IV, or V controlled substances under the Act, a physician assistant shall obtain a mid-level practitioner controlled substances licenses. Provides that when a written collaboration agreement is required under the Act, delegation of prescriptive authority by a physician is not required. Provides that a physician assistant who files with the Department of Financial and Professional Regulation a notarized attestation of completion of at least 250 hours of continuing education or training and at least 2,000 hours of clinical experience after first attaining national certification shall not require a written collaborative agreement. Provides the specified scope of practice of a physician assistant with optimal practice authority. Provides that a physician assistant shall be able to hold more than one professional position. Makes changes in provisions concerning the physician assistant title, collaboration requirements, and the written collaborative agreement. Makes other changes and corresponding changes to the Act and to the Illinois Controlled Substances Act. LRB103 05245 AMQ 50263 b LRB103 05245 AMQ 50263 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2306 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Physician Assistant Practice Act of 1987. Changes the definition of "physician assistant", "physician assistant practice", "board", and "collaborating physician". Removes the definition of "disciplinary board" and changes references from the "disciplinary board" to the Illinois State Medical Board throughout the Act. Provides that a physician assistant shall be deemed by law to possess the ability to prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of such authority by a physician. Provides that such ability shall include prescribing of Schedule II, III, IV, and V controlled substances. Provides that to prescribe Schedule II, III, IV, or V controlled substances under the Act, a physician assistant shall obtain a mid-level practitioner controlled substances licenses. Provides that when a written collaboration agreement is required under the Act, delegation of prescriptive authority by a physician is not required. Provides that a physician assistant who files with the Department of Financial and Professional Regulation a notarized attestation of completion of at least 250 hours of continuing education or training and at least 2,000 hours of clinical experience after first attaining national certification shall not require a written collaborative agreement. Provides the specified scope of practice of a physician assistant with optimal practice authority. Provides that a physician assistant shall be able to hold more than one professional position. Makes changes in provisions concerning the physician assistant title, collaboration requirements, and the written collaborative agreement. Makes other changes and corresponding changes to the Act and to the Illinois Controlled Substances Act.
6	6	LRB103 05245 AMQ 50263 b LRB103 05245 AMQ 50263 b
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8	8	A BILL FOR
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11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Physician Assistant Practice Act of 1987 is
15	15	5 amended by changing Sections 4, 5.5, 6, 7, 7.5, 7.7, 17, 21,
16	16	6 22.2, 22.3, 22.5, 22.6, 22.7, 22.8, 22.9, and 22.10 and by
17	17	7 adding Sections 7.8 and 7.9 as follows:
18	18	8 (225 ILCS 95/4) (from Ch. 111, par. 4604)
19	19	9 (Section scheduled to be repealed on January 1, 2028)
20	20	10 Sec. 4. Definitions. In this Act:
21	21	11 1. "Department" means the Department of Financial and
22	22	12 Professional Regulation.
23	23	13 2. "Secretary" means the Secretary of Financial and
24	24	14 Professional Regulation.
25	25	15 3. "Physician assistant" means any person not holding an
26	26	16 active license or permit issued by the Department pursuant to
27	27	17 the Medical Practice Act of 1987 who has been certified as a
28	28	18 physician assistant by the National Commission on the
29	29	19 Certification of Physician Assistants or equivalent successor
30	30	20 agency. and performs procedures in collaboration with a
31	31	21 physician as defined in this Act. A physician assistant may
32	32	22 perform such procedures within the specialty of the
33	33	23 collaborating physician, except that such physician shall
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2306 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Physician Assistant Practice Act of 1987. Changes the definition of "physician assistant", "physician assistant practice", "board", and "collaborating physician". Removes the definition of "disciplinary board" and changes references from the "disciplinary board" to the Illinois State Medical Board throughout the Act. Provides that a physician assistant shall be deemed by law to possess the ability to prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of such authority by a physician. Provides that such ability shall include prescribing of Schedule II, III, IV, and V controlled substances. Provides that to prescribe Schedule II, III, IV, or V controlled substances under the Act, a physician assistant shall obtain a mid-level practitioner controlled substances licenses. Provides that when a written collaboration agreement is required under the Act, delegation of prescriptive authority by a physician is not required. Provides that a physician assistant who files with the Department of Financial and Professional Regulation a notarized attestation of completion of at least 250 hours of continuing education or training and at least 2,000 hours of clinical experience after first attaining national certification shall not require a written collaborative agreement. Provides the specified scope of practice of a physician assistant with optimal practice authority. Provides that a physician assistant shall be able to hold more than one professional position. Makes changes in provisions concerning the physician assistant title, collaboration requirements, and the written collaborative agreement. Makes other changes and corresponding changes to the Act and to the Illinois Controlled Substances Act.
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43	43	A BILL FOR
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68	68	1 exercise such direction, collaboration, and control over such
69	69	2 physician assistants as will assure that patients shall
70	70	3 receive quality medical care. Physician assistants shall be
71	71	4 capable of performing a variety of tasks within the specialty
72	72	5 of medical care in collaboration with a physician.
73	73	6 Collaboration with the physician assistant shall not be
74	74	7 construed to necessarily require the personal presence of the
75	75	8 collaborating physician at all times at the place where
76	76	9 services are rendered, as long as there is communication
77	77	10 available for consultation by radio, telephone or
78	78	11 telecommunications within established guidelines as determined
79	79	12 by the physician/physician assistant team. The collaborating
80	80	13 physician may delegate tasks and duties to the physician
81	81	14 assistant. Delegated tasks or duties shall be consistent with
82	82	15 physician assistant education, training, and experience. The
83	83	16 delegated tasks or duties shall be specific to the practice
84	84	17 setting and shall be implemented and reviewed under a written
85	85	18 collaborative agreement established by the physician or
86	86	19 physician/physician assistant team. A physician assistant,
87	87	20 acting as an agent of the physician, shall be permitted to
88	88	21 transmit the collaborating physician's orders as determined by
89	89	22 the institution's by-laws, policies, procedures, or job
90	90	23 description within which the physician/physician assistant
91	91	24 team practices. Physician assistants shall practice only in
92	92	25 accordance with a written collaborative agreement.
93	93	26 Any person who holds an active license or permit issued
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104	104	1 pursuant to the Medical Practice Act of 1987 shall have that
105	105	2 license automatically placed into inactive status upon
106	106	3 issuance of a physician assistant license. Any person who
107	107	4 holds an active license as a physician assistant who is issued
108	108	5 a license or permit pursuant to the Medical Practice Act of
109	109	6 1987 shall have his or her physician assistant license
110	110	7 automatically placed into inactive status.
111	111	8 3.5. "Physician assistant practice" means the performance
112	112	9 of any legal medical service for which the physician assistant
113	113	10 has been prepared by the physician assistant's education,
114	114	11 training, and experience and is competent to perform as
115	115	12 determined by the practice through employment agreement or
116	116	13 credentialing and privileging systems of licensed facilities.
117	117	14 Medical and surgical services provided by physician assistants
118	118	15 include, but are not limited to:
119	119	16 (A) obtaining and performing comprehensive health
120	120	17 histories and physical examinations;
121	121	18 (B) evaluating, diagnosing, managing, and providing
122	122	19 medical treatment;
123	123	20 (C) ordering, performing, and interpreting diagnostic
124	124	21 studies and therapeutic procedures;
125	125	22 (D) educating patients on health promotion and disease
126	126	23 prevention;
127	127	24 (E) providing consultation upon request;
128	128	25 (F) writing medical orders;
129	129	26 (G) prescribing, dispensing, ordering, administering,
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140	140	1 and procuring drugs and medical devices; and
141	141	2 (H) assisting in surgery. procedures within the
142	142	3 specialty of the collaborating physician. Physician
143	143	4 assistants shall be capable of performing a variety of
144	144	5 tasks within the specialty of medical care of the
145	145	6 collaborating physician. Collaboration with the physician
146	146	7 assistant shall not be construed to necessarily require
147	147	8 the personal presence of the collaborating physician at
148	148	9 all times at the place where services are rendered, as
149	149	10 long as there is communication available for consultation
150	150	11 by radio, telephone, telecommunications, or electronic
151	151	12 communications. The collaborating physician may delegate
152	152	13 tasks and duties to the physician assistant. Delegated
153	153	14 tasks or duties shall be consistent with physician
154	154	15 assistant education, training, and experience. The
155	155	16 delegated tasks or duties shall be specific to the
156	156	17 practice setting and shall be implemented and reviewed
157	157	18 under a written collaborative agreement established by the
158	158	19 physician or physician/physician assistant team. A
159	159	20 physician assistant shall be permitted to transmit the
160	160	21 collaborating physician's orders as determined by the
161	161	22 institution's bylaws, policies, or procedures or the job
162	162	23 description within which the physician/physician assistant
163	163	24 team practices. Physician assistants shall practice only
164	164	25 in accordance with a written collaborative agreement,
165	165	26 except as provided in Section 7.5 of this Act.
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176	176	1 4. "Board" means the Illinois State Medical Board Medical
177	177	2 Licensing Board constituted under the Medical Practice Act of
178	178	3 1987.
179	179	4 5. (Blank). "Disciplinary Board" means the Medical
180	180	5 Disciplinary Board constituted under the Medical Practice Act
181	181	6 of 1987.
182	182	7 6. "Physician" means a person licensed to practice
183	183	8 medicine in all of its branches under the Medical Practice Act
184	184	9 of 1987.
185	185	10 7. "Collaborating physician" means the physician who,
186	186	11 within his or her specialty and expertise, may delegate a
187	187	12 variety of tasks and procedures to the physician assistant.
188	188	13 Such tasks and procedures shall be delegated in accordance
189	189	14 with a written collaborative agreement when such agreement is
190	190	15 required under this Act.
191	191	16 8. (Blank).
192	192	17 9. "Address of record" means the designated address
193	193	18 recorded by the Department in the applicant's or licensee's
194	194	19 application file or license file maintained by the
195	195	20 Department's licensure maintenance unit.
196	196	21 10. "Hospital affiliate" means a corporation, partnership,
197	197	22 joint venture, limited liability company, or similar
198	198	23 organization, other than a hospital, that is devoted primarily
199	199	24 to the provision, management, or support of health care
200	200	25 services and that directly or indirectly controls, is
201	201	26 controlled by, or is under common control of the hospital. For
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212	212	1 the purposes of this definition, "control" means having at
213	213	2 least an equal or a majority ownership or membership interest.
214	214	3 A hospital affiliate shall be 100% owned or controlled by any
215	215	4 combination of hospitals, their parent corporations, or
216	216	5 physicians licensed to practice medicine in all its branches
217	217	6 in Illinois. "Hospital affiliate" does not include a health
218	218	7 maintenance organization regulated under the Health
219	219	8 Maintenance Organization Act.
220	220	9 11. "Email address of record" means the designated email
221	221	10 address recorded by the Department in the applicant's
222	222	11 application file or the licensee's license file, as maintained
223	223	12 by the Department's licensure maintenance unit.
224	224	13 (Source: P.A. 99-330, eff. 1-1-16; 100-453, eff. 8-25-17.)
225	225	14 (225 ILCS 95/5.5)
226	226	15 (Section scheduled to be repealed on January 1, 2028)
227	227	16 Sec. 5.5. Billing. A physician assistant may shall not be
228	228	17 allowed to personally bill patients and or in any way charge
229	229	18 for services. The employer of a physician assistant may bill
230	230	19 and charge for services rendered by the physician assistant.
231	231	20 All claims for services rendered by the physician assistant
232	232	21 shall be submitted using the physician assistant's national
233	233	22 provider identification number as the rendering provider, with
234	234	23 the exception of when optional billing provisions, such as
235	235	24 incident to, split, or shared visit billing, are being used
236	236	25 whenever appropriate. Payment for services rendered by a
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247	247	1 physician assistant shall be made to his or her employer if the
248	248	2 payor would have made payment had the services been provided
249	249	3 by a physician licensed to provide medicine in all of its
250	250	4 branches.
251	251	5 (Source: P.A. 100-453, eff. 8-25-17; 100-559, eff. 12-8-17.)
252	252	6 (225 ILCS 95/6) (from Ch. 111, par. 4606)
253	253	7 (Section scheduled to be repealed on January 1, 2028)
254	254	8 Sec. 6. Physician assistant title.
255	255	9 (a) No physician assistant shall use the title of doctor
256	256	10 or , physician, or associate with his or her name or any other
257	257	11 term that would indicate to other persons that he or she is
258	258	12 qualified to engage in the general practice of medicine.
259	259	13 (b) A physician assistant shall verbally identify himself
260	260	14 or herself as a physician assistant, including specialty
261	261	15 certification, when applicable, to each patient.
262	262	16 (c) Nothing in this Act shall be construed to relieve a
263	263	17 physician assistant of the professional or legal
264	264	18 responsibility for the care and treatment of persons attended
265	265	19 by him or her.
266	266	20 (d) (Blank). The collaborating physician shall file with
267	267	21 the Department notice of employment, discharge, or
268	268	22 collaboration with a physician assistant within 60 days of
269	269	23 employment, discharge, or assumption of collaboration with a
270	270	24 physician assistant. Nothing in this Section shall prevent a
271	271	25 physician assistant from beginning his or her employment
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282	282	1 before the notice of employment or collaboration has been
283	283	2 filed.
284	284	3 (Source: P.A. 102-735, eff. 1-1-23.)
285	285	4 (225 ILCS 95/7) (from Ch. 111, par. 4607)
286	286	5 (Section scheduled to be repealed on January 1, 2028)
287	287	6 Sec. 7. Collaboration requirements.
288	288	7 (a) A written collaborative agreement is required for all
289	289	8 physician assistants engaged in clinical practice prior to
290	290	9 meeting the requirements of Section 7.9, except for physician
291	291	10 assistants who practice in a hospital, hospital affiliate, or
292	292	11 ambulatory surgical treatment center as provided in Section
293	293	12 7.7.
294	294	13 (b) A collaborating physician shall determine the number
295	295	14 of physician assistants to collaborate with, provided the
296	296	15 physician is able to provide adequate collaboration as
297	297	16 outlined in the written collaborative agreement required under
298	298	17 Section 7.5 of this Act and consideration is given to the
299	299	18 nature of the physician's practice, complexity of the patient
300	300	19 population, and the experience of each physician assistant. A
301	301	20 collaborating physician may collaborate with a maximum of 7
302	302	21 full-time equivalent physician assistants as described in
303	303	22 Section 54.5 of the Medical Practice Act of 1987. As used in
304	304	23 this Section, "full-time equivalent" means the equivalent of
305	305	24 40 hours per week per individual. Physicians and physician
306	306	25 assistants who work in a hospital, hospital affiliate, or
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317	317	1 ambulatory surgical treatment center as defined by Section 7.7
318	318	2 of this Act are exempt from the collaborative ratio
319	319	3 restriction requirements of this Section. A physician
320	320	4 assistant shall be able to hold more than one professional
321	321	5 position. A collaborating physician shall file a notice of
322	322	6 collaboration of each physician assistant according to the
323	323	7 rules of the Department.
324	324	8 (c) A physician assistant shall be able to hold more than
325	325	9 one professional position.
326	326	10 (d) Physician assistants shall collaborate only with
327	327	11 physicians as defined in this Act who are engaged in clinical
328	328	12 practice, or in clinical practice in public health or other
329	329	13 community health facilities.
330	330	14 (e) Nothing in this Act shall be construed to limit the
331	331	15 delegation of tasks or duties by a physician to a nurse or
332	332	16 other appropriately trained personnel.
333	333	17 (f) Nothing in this Act shall be construed to prohibit the
334	334	18 employment of physician assistants by a hospital, nursing home
335	335	19 or other health care facility where such physician assistants
336	336	20 function with under a collaborating physician.
337	337	21 (g) A physician assistant may be employed by a practice
338	338	22 group or other entity employing multiple physicians at one or
339	339	23 more locations. In that case, one of the physicians practicing
340	340	24 at a location shall be designated the collaborating physician.
341	341	25 The other physicians with that practice group or other entity
342	342	26 who practice in the same general type of practice or specialty
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353	353	1 as the collaborating physician may collaborate with the
354	354	2 physician assistant with respect to their patients.
355	355	3 (h) (b) A physician assistant licensed in this State, or
356	356	4 licensed or authorized to practice in any other U.S.
357	357	5 jurisdiction or credentialed by his or her federal employer as
358	358	6 a physician assistant, who is responding to a need for medical
359	359	7 care created by an emergency or by a state or local disaster
360	360	8 may render such care that the physician assistant is able to
361	361	9 provide without collaboration as it is defined in this Section
362	362	10 or with such collaboration as is available.
363	363	11 (i) Any physician who collaborates with a physician
364	364	12 assistant providing medical care in response to such an
365	365	13 emergency or state or local disaster shall not be required to
366	366	14 meet the requirements set forth in this Section for a
367	367	15 collaborating physician.
368	368	16 (Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19.)
369	369	17 (225 ILCS 95/7.5)
370	370	18 (Section scheduled to be repealed on January 1, 2028)
371	371	19 Sec. 7.5. Written collaborative agreements; prescriptive
372	372	20 authority.
373	373	21 (a) A written collaborative agreement is required for all
374	374	22 physician assistants to practice in the State, except as
375	375	23 provided in Section 7.7 and Section 7.9 of this Act. When a
376	376	24 written collaborative agreement is required under this Act,
377	377	25 the following shall apply:
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388	388	1 (1) A written collaborative agreement shall describe
389	389	2 the working relationship of the physician assistant with
390	390	3 the collaborating physician and shall describe the
391	391	4 categories of care, treatment, or procedures to be
392	392	5 provided by the physician assistant. The written
393	393	6 collaborative agreement shall promote the exercise of
394	394	7 professional judgment by the physician assistant
395	395	8 commensurate with his or her education and experience. The
396	396	9 services to be provided by the physician assistant shall
397	397	10 be services that the collaborating physician is authorized
398	398	11 to and generally provides to his or her patients in the
399	399	12 normal course of his or her clinical medical practice. The
400	400	13 written collaborative agreement need not describe the
401	401	14 exact steps that a physician assistant must take with
402	402	15 respect to each specific condition, disease, or symptom
403	403	16 but must specify which authorized procedures require the
404	404	17 presence of the collaborating physician as the procedures
405	405	18 are being performed. The relationship under a written
406	406	19 collaborative agreement shall not be construed to require
407	407	20 the personal presence of a physician at the place where
408	408	21 services are rendered. Methods of communication shall be
409	409	22 available for consultation with the collaborating
410	410	23 physician in person or by telecommunications or electronic
411	411	24 communications as set forth in the written collaborative
412	412	25 agreement. For the purposes of this Act, "generally
413	413	26 provides to his or her patients in the normal course of his
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424	424	1 or her clinical medical practice" means services, not
425	425	2 specific tasks or duties, the collaborating physician
426	426	3 routinely provides individually or through delegation to
427	427	4 other persons so that the physician has the experience and
428	428	5 ability to collaborate and provide consultation.
429	429	6 (2) (Blank). The written collaborative agreement shall
430	430	7 be adequate if a physician does each of the following:
431	431	8 (A) Participates in the joint formulation and
432	432	9 joint approval of orders or guidelines with the
433	433	10 physician assistant and he or she periodically reviews
434	434	11 such orders and the services provided patients under
435	435	12 such orders in accordance with accepted standards of
436	436	13 medical practice and physician assistant practice.
437	437	14 (B) Provides consultation at least once a month.
438	438	15 (3) A copy of the signed, written collaborative
439	439	16 agreement must be available to the Department upon request
440	440	17 from both the physician assistant and the collaborating
441	441	18 physician.
442	442	19 (4) A physician assistant shall inform each
443	443	20 collaborating physician of all written collaborative
444	444	21 agreements he or she has signed and provide a copy of these
445	445	22 to any collaborating physician upon request.
446	446	23 (b) To prescribe Schedule II, III, IV, or V controlled
447	447	24 substances under this Section, a physician assistant must
448	448	25 obtain a mid-level practitioner controlled substances license.
449	449	26 A collaborating physician may, but is not required to,
450	450
451	451
452	452
453	453
454	454
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460	460	1 delegate prescriptive authority to a physician assistant as
461	461	2 part of a written collaborative agreement. This authority may,
462	462	3 but is not required to, include prescription of, selection of,
463	463	4 orders for, administration of, storage of, acceptance of
464	464	5 samples of, and dispensing medical devices, over the counter
465	465	6 medications, legend drugs, medical gases, and controlled
466	466	7 substances categorized as Schedule II through V controlled
467	467	8 substances, as defined in Article II of the Illinois
468	468	9 Controlled Substances Act, and other preparations, including,
469	469	10 but not limited to, botanical and herbal remedies. The
470	470	11 collaborating physician must have a valid, current Illinois
471	471	12 controlled substance license and federal registration with the
472	472	13 Drug Enforcement Administration to delegate the authority to
473	473	14 prescribe controlled substances.
474	474	15 (1) To prescribe Schedule II, III, IV, or V controlled
475	475	16 substances under this Section, a physician assistant must
476	476	17 obtain a mid-level practitioner controlled substances
477	477	18 license. Medication orders issued by a physician assistant
478	478	19 shall be reviewed periodically by the collaborating
479	479	20 physician.
480	480	21 (2) The collaborating physician shall file with the
481	481	22 Department notice of delegation of prescriptive authority
482	482	23 to a physician assistant and termination of delegation,
483	483	24 specifying the authority delegated or terminated. Upon
484	484	25 receipt of this notice delegating authority to prescribe
485	485	26 controlled substances, the physician assistant shall be
486	486
487	487
488	488
489	489
490	490
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492	492
493	493
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496	496	1 eligible to register for a mid-level practitioner
497	497	2 controlled substances license under Section 303.05 of the
498	498	3 Illinois Controlled Substances Act. Nothing in this Act
499	499	4 shall be construed to limit the delegation of tasks or
500	500	5 duties by the collaborating physician to a nurse or other
501	501	6 appropriately trained persons in accordance with Section
502	502	7 54.2 of the Medical Practice Act of 1987.
503	503	8 (3) In addition to the requirements of this subsection
504	504	9 (b), a collaborating physician may, but is not required
505	505	10 to, delegate authority to a physician assistant to
506	506	11 prescribe Schedule II controlled substances, if all of the
507	507	12 following conditions apply:
508	508	13 (A) Specific Schedule II controlled substances by
509	509	14 oral dosage or topical or transdermal application may
510	510	15 be delegated, provided that the delegated Schedule II
511	511	16 controlled substances are routinely prescribed by the
512	512	17 collaborating physician. This delegation must identify
513	513	18 the specific Schedule II controlled substances by
514	514	19 either brand name or generic name. Schedule II
515	515	20 controlled substances to be delivered by injection or
516	516	21 other route of administration may not be delegated.
517	517	22 (B) (Blank).
518	518	23 (C) Any prescription must be limited to no more
519	519	24 than a 30-day supply, with any continuation authorized
520	520	25 only after prior approval of the collaborating
521	521	26 physician.
522	522
523	523
524	524
525	525
526	526
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528	528
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532	532	1 (D) The physician assistant must discuss the
533	533	2 condition of any patients for whom a controlled
534	534	3 substance is prescribed monthly with the collaborating
535	535	4 physician.
536	536	5 (E) The physician assistant meets the education
537	537	6 requirements of Section 303.05 of the Illinois
538	538	7 Controlled Substances Act.
539	539	8 (c) Nothing in this Act shall be construed to limit the
540	540	9 delegation of tasks or duties by a physician to a licensed
541	541	10 practical nurse, a registered professional nurse, or other
542	542	11 persons. Nothing in this Act shall be construed to limit the
543	543	12 method of delegation that may be authorized by any means,
544	544	13 including, but not limited to, oral, written, electronic,
545	545	14 standing orders, protocols, guidelines, or verbal orders.
546	546	15 Nothing in this Act shall be construed to authorize a
547	547	16 physician assistant to provide health care services required
548	548	17 by law or rule to be performed by a physician. Nothing in this
549	549	18 Act shall be construed to authorize the delegation or
550	550	19 performance of operative surgery. Nothing in this Section
551	551	20 shall be construed to preclude a physician assistant from
552	552	21 assisting in surgery.
553	553	22 (c-5) Nothing in this Section shall be construed to apply
554	554	23 to any medication authority, including Schedule II controlled
555	555	24 substances of a licensed physician assistant for care provided
556	556	25 in a hospital, hospital affiliate, or ambulatory surgical
557	557	26 treatment center pursuant to Section 7.7 of this Act or to a
558	558
559	559
560	560
561	561
562	562
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564	564
565	565
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568	568	1 physician assistant meeting the requirements of Section 7.9 of
569	569	2 this Act.
570	570	3 (d) (Blank).
571	571	4 (e) Nothing in this Section shall be construed to prohibit
572	572	5 generic substitution.
573	573	6 (f) Delegation of prescriptive authority by a physician is
574	574	7 not required under this Section.
575	575	8 (Source: P.A. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21.)
576	576	9 (225 ILCS 95/7.7)
577	577	10 (Section scheduled to be repealed on January 1, 2028)
578	578	11 Sec. 7.7. Physician assistants in hospitals, hospital
579	579	12 affiliates, or ambulatory surgical treatment centers.
580	580	13 (a) A physician assistant may provide services in a
581	581	14 hospital as defined in the Hospital Licensing Act, a hospital
582	582	15 affiliate as defined in the University of Illinois Hospital
583	583	16 Act, or a licensed ambulatory surgical treatment center as
584	584	17 defined in the Ambulatory Surgical Treatment Center Act
585	585	18 without a written collaborative agreement pursuant to Section
586	586	19 7.5 of this Act. A physician assistant must possess clinical
587	587	20 privileges recommended by the hospital medical staff and
588	588	21 granted by the hospital or the consulting medical staff
589	589	22 committee and ambulatory surgical treatment center in order to
590	590	23 provide services. The medical staff or consulting medical
591	591	24 staff committee shall periodically review the services of
592	592	25 physician assistants granted clinical privileges, including
593	593
594	594
595	595
596	596
597	597
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599	599
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603	603	1 any care provided in a hospital affiliate. A physician
604	604	2 assistant practicing under this Section shall have the
605	605	3 authority to prescribe, select, order, and administer
606	606	4 medications, including controlled substances. Authority may
607	607	5 also be granted when recommended by the hospital medical staff
608	608	6 and granted by the hospital or recommended by the consulting
609	609	7 medical staff committee and ambulatory surgical treatment
610	610	8 center to individual physician assistants to select, order,
611	611	9 and administer medications, including controlled substances,
612	612	10 to provide delineated care. In a hospital, hospital affiliate,
613	613	11 or ambulatory surgical treatment center, the attending
614	614	12 physician shall determine a physician assistant's role in
615	615	13 providing care for his or her patients, except as otherwise
616	616	14 provided in the medical staff bylaws or consulting committee
617	617	15 policies.
618	618	16 (a-5) Physician assistants practicing in a hospital
619	619	17 affiliate shall have the authority may be, but are not
620	620	18 required to be, granted authority to prescribe Schedule II
621	621	19 through V controlled substances when such authority is
622	622	20 recommended by the appropriate physician committee of the
623	623	21 hospital affiliate and granted by the hospital affiliate. This
624	624	22 authority includes may, but is not required to, include
625	625	23 prescription of, selection of, orders for, administration of,
626	626	24 storage of, acceptance of samples of, and dispensing
627	627	25 over-the-counter medications, legend drugs, medical gases, and
628	628	26 controlled substances categorized as Schedule II through V
629	629
630	630
631	631
632	632
633	633
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635	635
636	636
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638	638	HB2306 - 18 - LRB103 05245 AMQ 50263 b
639	639	1 controlled substances, as defined in Article II of the
640	640	2 Illinois Controlled Substances Act, and other preparations,
641	641	3 including, but not limited to, botanical and herbal remedies.
642	642	4 To prescribe controlled substances under this subsection
643	643	5 (a-5), a physician assistant must obtain a mid-level
644	644	6 practitioner controlled substance license. Medication orders
645	645	7 shall be reviewed periodically by the appropriate hospital
646	646	8 affiliate physicians committee or its physician designee.
647	647	9 The hospital affiliate shall file with the Department
648	648	10 notice of a grant of prescriptive authority consistent with
649	649	11 this subsection (a-5) and termination of such a grant of
650	650	12 authority in accordance with rules of the Department. Upon
651	651	13 receipt of this notice of grant of authority to prescribe any
652	652	14 Schedule II through V controlled substances, the licensed
653	653	15 physician assistant may register for a mid-level practitioner
654	654	16 controlled substance license under Section 303.05 of the
655	655	17 Illinois Controlled Substances Act.
656	656	18 In addition, a hospital affiliate may, but is not required
657	657	19 to, grant authority to a physician assistant to prescribe any
658	658	20 Schedule II controlled substances if all of the following
659	659	21 conditions apply:
660	660	22 (1) specific Schedule II controlled substances by oral
661	661	23 dosage or topical or transdermal application may be
662	662	24 designated, provided that the designated Schedule II
663	663	25 controlled substances are routinely prescribed by
664	664	26 physician assistants in their area of certification; this
665	665
666	666
667	667
668	668
669	669
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671	671
672	672
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674	674	HB2306 - 19 - LRB103 05245 AMQ 50263 b
675	675	1 grant of authority must identify the specific Schedule II
676	676	2 controlled substances by either brand name or generic
677	677	3 name; authority to prescribe or dispense Schedule II
678	678	4 controlled substances to be delivered by injection or
679	679	5 other route of administration may not be granted;
680	680	6 (2) any grant of authority must be controlled
681	681	7 substances limited to the practice of the physician
682	682	8 assistant;
683	683	9 (3) any prescription must be limited to no more than a
684	684	10 30-day supply;
685	685	11 (4) the physician assistant must discuss the condition
686	686	12 of any patients for whom a controlled substance is
687	687	13 prescribed monthly with the appropriate physician
688	688	14 committee of the hospital affiliate or its physician
689	689	15 designee; and
690	690	16 (5) the physician assistant must meet the education
691	691	17 requirements of Section 303.05 of the Illinois Controlled
692	692	18 Substances Act.
693	693	19 (b) A physician assistant granted authority to order
694	694	20 medications including controlled substances may complete
695	695	21 discharge prescriptions provided the prescription is in the
696	696	22 name of the physician assistant and the attending or
697	697	23 discharging physician.
698	698	24 (c) Physician assistants practicing in a hospital,
699	699	25 hospital affiliate, or an ambulatory surgical treatment center
700	700	26 are not required to obtain a mid-level controlled substance
701	701
702	702
703	703
704	704
705	705
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707	707
708	708
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710	710	HB2306 - 20 - LRB103 05245 AMQ 50263 b
711	711	1 license to order controlled substances under Section 303.05 of
712	712	2 the Illinois Controlled Substances Act.
713	713	3 (d) Delegation of prescriptive authority by a physician is
714	714	4 not required under this Section.
715	715	5 (Source: P.A. 100-453, eff. 8-25-17.)
716	716	6 (225 ILCS 95/7.8 new)
717	717	7 Sec. 7.8. Prescriptive authority. A physician assistant
718	718	8 shall be deemed by law to possess the ability to prescribe,
719	719	9 dispense, order, administer, and procure drugs and medical
720	720	10 devices without delegation of such authority by a physician.
721	721	11 Such ability shall include prescribing Schedule II, III, IV,
722	722	12 and V controlled substances. To prescribe Schedule II, III,
723	723	13 IV, or V controlled substances under this Act, a physician
724	724	14 assistant shall obtain a mid-level practitioner controlled
725	725	15 substances license. When a written collaborative agreement is
726	726	16 required under this Act, delegation of prescriptive authority
727	727	17 by a physician is not required.
728	728	18 (225 ILCS 95/7.9 new)
729	729	19 Sec. 7.9. Optimal practice authority.
730	730	20 (a) A physician assistant shall be deemed by law to
731	731	21 possess the ability to practice without a written
732	732	22 collaborative agreement as set forth in this Section.
733	733	23 (b) A physician assistant who files with the Department a
734	734	24 notarized attestation of completion of at least 250 hours of
735	735
736	736
737	737
738	738
739	739
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741	741
742	742
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745	745	1 continuing education or training and at least 2,000 hours of
746	746	2 clinical experience after first attaining national
747	747	3 certification shall not require a written collaborative
748	748	4 agreement. Documentation of successful completion shall be
749	749	5 provided to the Department upon request.
750	750	6 (c) The scope of practice of a physician assistant with
751	751	7 optimal practice authority includes:
752	752	8 (1) all matters included in subsection (3.5) of
753	753	9 Section 4 of this Act;
754	754	10 (2) practicing without a written collaborative
755	755	11 agreement in all practice settings consistent with this
756	756	12 Act;
757	757	13 (3) authority to prescribe both legend drugs and
758	758	14 Schedule II through V controlled substances; this
759	759	15 authority includes prescription of, selection of, orders
760	760	16 for, administration of, storage of, acceptance of samples
761	761	17 of, and dispensing over-the-counter medications, legend
762	762	18 drugs, and controlled substances categorized as any
763	763	19 Schedule II through V controlled substances, as defined in
764	764	20 Article II of the Illinois Controlled Substances Act, and
765	765	21 other preparations, including, but not limited to,
766	766	22 botanical and herbal remedies; and
767	767	23 (4) authority to obtain a controlled substances
768	768	24 license in the State and a federal Drug Enforcement
769	769	25 Administration number.
770	770	26 The scope of practice of a physician assistant does not
771	771
772	772
773	773
774	774
775	775
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777	777
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781	781	1 include operative surgery. Nothing in this Section shall be
782	782	2 construed to preclude a physician assistant from assisting in
783	783	3 surgery or performing other procedures as privileged by the
784	784	4 physician assistant's employer.
785	785	5 (d) The Department may adopt rules necessary to administer
786	786	6 this Section, including, but not limited to, requiring the
787	787	7 completion of forms and the payment of fees.
788	788	8 (e) Nothing in this Act shall be construed to authorize a
789	789	9 physician assistant with optimal practice authority to provide
790	790	10 health care services required by law or rule to be performed by
791	791	11 a physician.
792	792	12 (225 ILCS 95/17) (from Ch. 111, par. 4617)
793	793	13 (Section scheduled to be repealed on January 1, 2028)
794	794	14 Sec. 17. Inactive status. Any physician assistant who
795	795	15 notified the Department in writing on forms prescribed by the
796	796	16 Department, may elect to place his or her license on an
797	797	17 inactive status and shall, subject to rules of the Department,
798	798	18 be excused from payment of renewal fees until he or she
799	799	19 notifies the Department in writing of his or her intention to
800	800	20 restore the license. Any person who holds an active license or
801	801	21 permit issued pursuant to the Medical Practice Act of 1987
802	802	22 shall have that license automatically placed into inactive
803	803	23 status upon issuance of a physician assistant license. Any
804	804	24 person who holds an active license as a physician assistant
805	805	25 who is issued a license or permit pursuant to the Medical
806	806
807	807
808	808
809	809
810	810
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812	812
813	813
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816	816	1 Practice Act of 1987 shall have the physician assistant
817	817	2 license automatically placed into inactive status.
818	818	3 Any physician assistant requesting restoration from
819	819	4 inactive status shall be required to pay the current renewal
820	820	5 fee and shall be required to restore his or her license, as
821	821	6 provided in Section 16 of this Act.
822	822	7 Any physician assistant whose license is in an inactive
823	823	8 status shall not practice in the State of Illinois.
824	824	9 Any licensee who shall engage in practice while his or her
825	825	10 license is lapsed or on inactive status shall be considered to
826	826	11 be practicing without a license, which shall be grounds for
827	827	12 discipline under Section 21 of this Act.
828	828	13 (Source: P.A. 90-61, eff. 12-30-97.)
829	829	14 (225 ILCS 95/21) (from Ch. 111, par. 4621)
830	830	15 (Section scheduled to be repealed on January 1, 2028)
831	831	16 Sec. 21. Grounds for disciplinary action.
832	832	17 (a) The Department may refuse to issue or to renew, or may
833	833	18 revoke, suspend, place on probation, reprimand, or take other
834	834	19 disciplinary or non-disciplinary action with regard to any
835	835	20 license issued under this Act as the Department may deem
836	836	21 proper, including the issuance of fines not to exceed $10,000
837	837	22 for each violation, for any one or combination of the
838	838	23 following causes:
839	839	24 (1) Material misstatement in furnishing information to
840	840	25 the Department.
841	841
842	842
843	843
844	844
845	845
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847	847
848	848
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851	851	1 (2) Violations of this Act, or the rules adopted under
852	852	2 this Act.
853	853	3 (3) Conviction by plea of guilty or nolo contendere,
854	854	4 finding of guilt, jury verdict, or entry of judgment or
855	855	5 sentencing, including, but not limited to, convictions,
856	856	6 preceding sentences of supervision, conditional discharge,
857	857	7 or first offender probation, under the laws of any
858	858	8 jurisdiction of the United States that is: (i) a felony;
859	859	9 or (ii) a misdemeanor, an essential element of which is
860	860	10 dishonesty, or that is directly related to the practice of
861	861	11 the profession.
862	862	12 (4) Making any misrepresentation for the purpose of
863	863	13 obtaining licenses.
864	864	14 (5) Professional incompetence.
865	865	15 (6) Aiding or assisting another person in violating
866	866	16 any provision of this Act or its rules.
867	867	17 (7) Failing, within 60 days, to provide information in
868	868	18 response to a written request made by the Department.
869	869	19 (8) Engaging in dishonorable, unethical, or
870	870	20 unprofessional conduct, as defined by rule, of a character
871	871	21 likely to deceive, defraud, or harm the public.
872	872	22 (9) Habitual or excessive use or addiction to alcohol,
873	873	23 narcotics, stimulants, or any other chemical agent or drug
874	874	24 that results in a physician assistant's inability to
875	875	25 practice with reasonable judgment, skill, or safety.
876	876	26 (10) Discipline by another U.S. jurisdiction or
877	877
878	878
879	879
880	880
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883	883
884	884
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887	887	1 foreign nation, if at least one of the grounds for
888	888	2 discipline is the same or substantially equivalent to
889	889	3 those set forth in this Section.
890	890	4 (11) Directly or indirectly giving to or receiving
891	891	5 from any person, firm, corporation, partnership, or
892	892	6 association any fee, commission, rebate or other form of
893	893	7 compensation for any professional services not actually or
894	894	8 personally rendered. Nothing in this paragraph (11)
895	895	9 affects any bona fide independent contractor or employment
896	896	10 arrangements, which may include provisions for
897	897	11 compensation, health insurance, pension, or other
898	898	12 employment benefits, with persons or entities authorized
899	899	13 under this Act for the provision of services within the
900	900	14 scope of the licensee's practice under this Act.
901	901	15 (12) A finding by the Disciplinary Board that the
902	902	16 licensee, after having his or her license placed on
903	903	17 probationary status has violated the terms of probation.
904	904	18 (13) Abandonment of a patient.
905	905	19 (14) Willfully making or filing false records or
906	906	20 reports in his or her practice, including but not limited
907	907	21 to false records filed with state agencies or departments.
908	908	22 (15) Willfully failing to report an instance of
909	909	23 suspected child abuse or neglect as required by the Abused
910	910	24 and Neglected Child Reporting Act.
911	911	25 (16) Physical illness, or mental illness or impairment
912	912	26 that results in the inability to practice the profession
913	913
914	914
915	915
916	916
917	917
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919	919
920	920
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923	923	1 with reasonable judgment, skill, or safety, including, but
924	924	2 not limited to, deterioration through the aging process or
925	925	3 loss of motor skill.
926	926	4 (17) Being named as a perpetrator in an indicated
927	927	5 report by the Department of Children and Family Services
928	928	6 under the Abused and Neglected Child Reporting Act, and
929	929	7 upon proof by clear and convincing evidence that the
930	930	8 licensee has caused a child to be an abused child or
931	931	9 neglected child as defined in the Abused and Neglected
932	932	10 Child Reporting Act.
933	933	11 (18) (Blank).
934	934	12 (19) Gross negligence resulting in permanent injury or
935	935	13 death of a patient.
936	936	14 (20) Employment of fraud, deception or any unlawful
937	937	15 means in applying for or securing a license as a physician
938	938	16 assistant.
939	939	17 (21) Exceeding the authority delegated to him or her
940	940	18 by his or her collaborating physician in a written
941	941	19 collaborative agreement when such agreement is required
942	942	20 under this Act.
943	943	21 (22) Immoral conduct in the commission of any act,
944	944	22 such as sexual abuse, sexual misconduct, or sexual
945	945	23 exploitation related to the licensee's practice.
946	946	24 (23) Violation of the Health Care Worker Self-Referral
947	947	25 Act.
948	948	26 (24) Practicing under a false or assumed name, except
949	949
950	950
951	951
952	952
953	953
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955	955
956	956
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959	959	1 as provided by law.
960	960	2 (25) Making a false or misleading statement regarding
961	961	3 his or her skill or the efficacy or value of the medicine,
962	962	4 treatment, or remedy prescribed by him or her in the
963	963	5 course of treatment.
964	964	6 (26) Allowing another person to use his or her license
965	965	7 to practice.
966	966	8 (27) Prescribing, selling, administering,
967	967	9 distributing, giving, or self-administering a drug
968	968	10 classified as a controlled substance for other than
969	969	11 medically accepted therapeutic purposes.
970	970	12 (28) Promotion of the sale of drugs, devices,
971	971	13 appliances, or goods provided for a patient in a manner to
972	972	14 exploit the patient for financial gain.
973	973	15 (29) A pattern of practice or other behavior that
974	974	16 demonstrates incapacity or incompetence to practice under
975	975	17 this Act.
976	976	18 (30) Violating State or federal laws or regulations
977	977	19 relating to controlled substances or other legend drugs or
978	978	20 ephedra as defined in the Ephedra Prohibition Act.
979	979	21 (31) (Blank). Exceeding the prescriptive authority
980	980	22 delegated by the collaborating physician or violating the
981	981	23 written collaborative agreement delegating that authority.
982	982	24 (32) (Blank). Practicing without providing to the
983	983	25 Department a notice of collaboration or delegation of
984	984	26 prescriptive authority.
985	985
986	986
987	987
988	988
989	989
990	990	HB2306 - 27 - LRB103 05245 AMQ 50263 b
991	991
992	992
993	993	HB2306- 28 -LRB103 05245 AMQ 50263 b HB2306 - 28 - LRB103 05245 AMQ 50263 b
994	994	HB2306 - 28 - LRB103 05245 AMQ 50263 b
995	995	1 (33) Failure to establish and maintain records of
996	996	2 patient care and treatment as required by law.
997	997	3 (34) Attempting to subvert or cheat on the examination
998	998	4 of the National Commission on Certification of Physician
999	999	5 Assistants or its successor agency.
1000	1000	6 (35) Willfully or negligently violating the
1001	1001	7 confidentiality between physician assistant and patient,
1002	1002	8 except as required by law.
1003	1003	9 (36) Willfully failing to report an instance of
1004	1004	10 suspected abuse, neglect, financial exploitation, or
1005	1005	11 self-neglect of an eligible adult as defined in and
1006	1006	12 required by the Adult Protective Services Act.
1007	1007	13 (37) Being named as an abuser in a verified report by
1008	1008	14 the Department on Aging under the Adult Protective
1009	1009	15 Services Act and upon proof by clear and convincing
1010	1010	16 evidence that the licensee abused, neglected, or
1011	1011	17 financially exploited an eligible adult as defined in the
1012	1012	18 Adult Protective Services Act.
1013	1013	19 (38) Failure to report to the Department an adverse
1014	1014	20 final action taken against him or her by another licensing
1015	1015	21 jurisdiction of the United States or a foreign state or
1016	1016	22 country, a peer review body, a health care institution, a
1017	1017	23 professional society or association, a governmental
1018	1018	24 agency, a law enforcement agency, or a court acts or
1019	1019	25 conduct similar to acts or conduct that would constitute
1020	1020	26 grounds for action under this Section.
1021	1021
1022	1022
1023	1023
1024	1024
1025	1025
1026	1026	HB2306 - 28 - LRB103 05245 AMQ 50263 b
1027	1027
1028	1028
1029	1029	HB2306- 29 -LRB103 05245 AMQ 50263 b HB2306 - 29 - LRB103 05245 AMQ 50263 b
1030	1030	HB2306 - 29 - LRB103 05245 AMQ 50263 b
1031	1031	1 (39) Failure to provide copies of records of patient
1032	1032	2 care or treatment, except as required by law.
1033	1033	3 (40) (Blank). Entering into an excessive number of
1034	1034	4 written collaborative agreements with licensed physicians
1035	1035	5 resulting in an inability to adequately collaborate.
1036	1036	6 (41) (Blank). Repeated failure to adequately
1037	1037	7 collaborate with a collaborating physician.
1038	1038	8 (42) Violating the Compassionate Use of Medical
1039	1039	9 Cannabis Program Act.
1040	1040	10 (b) The Department may, without a hearing, refuse to issue
1041	1041	11 or renew or may suspend the license of any person who fails to
1042	1042	12 file a return, or to pay the tax, penalty or interest shown in
1043	1043	13 a filed return, or to pay any final assessment of the tax,
1044	1044	14 penalty, or interest as required by any tax Act administered
1045	1045	15 by the Illinois Department of Revenue, until such time as the
1046	1046	16 requirements of any such tax Act are satisfied.
1047	1047	17 (c) The determination by a circuit court that a licensee
1048	1048	18 is subject to involuntary admission or judicial admission as
1049	1049	19 provided in the Mental Health and Developmental Disabilities
1050	1050	20 Code operates as an automatic suspension. The suspension will
1051	1051	21 end only upon a finding by a court that the patient is no
1052	1052	22 longer subject to involuntary admission or judicial admission
1053	1053	23 and issues an order so finding and discharging the patient,
1054	1054	24 and upon the recommendation of the Disciplinary Board to the
1055	1055	25 Secretary that the licensee be allowed to resume his or her
1056	1056	26 practice.
1057	1057
1058	1058
1059	1059
1060	1060
1061	1061
1062	1062	HB2306 - 29 - LRB103 05245 AMQ 50263 b
1063	1063
1064	1064
1065	1065	HB2306- 30 -LRB103 05245 AMQ 50263 b HB2306 - 30 - LRB103 05245 AMQ 50263 b
1066	1066	HB2306 - 30 - LRB103 05245 AMQ 50263 b
1067	1067	1 (d) In enforcing this Section, the Department upon a
1068	1068	2 showing of a possible violation may compel an individual
1069	1069	3 licensed to practice under this Act, or who has applied for
1070	1070	4 licensure under this Act, to submit to a mental or physical
1071	1071	5 examination, or both, which may include a substance abuse or
1072	1072	6 sexual offender evaluation, as required by and at the expense
1073	1073	7 of the Department.
1074	1074	8 The Department shall specifically designate the examining
1075	1075	9 physician licensed to practice medicine in all of its branches
1076	1076	10 or, if applicable, the multidisciplinary team involved in
1077	1077	11 providing the mental or physical examination or both. The
1078	1078	12 multidisciplinary team shall be led by a physician licensed to
1079	1079	13 practice medicine in all of its branches and may consist of one
1080	1080	14 or more or a combination of physicians licensed to practice
1081	1081	15 medicine in all of its branches, licensed clinical
1082	1082	16 psychologists, licensed clinical social workers, licensed
1083	1083	17 clinical professional counselors, and other professional and
1084	1084	18 administrative staff. Any examining physician or member of the
1085	1085	19 multidisciplinary team may require any person ordered to
1086	1086	20 submit to an examination pursuant to this Section to submit to
1087	1087	21 any additional supplemental testing deemed necessary to
1088	1088	22 complete any examination or evaluation process, including, but
1089	1089	23 not limited to, blood testing, urinalysis, psychological
1090	1090	24 testing, or neuropsychological testing.
1091	1091	25 The Department may order the examining physician or any
1092	1092	26 member of the multidisciplinary team to provide to the
1093	1093
1094	1094
1095	1095
1096	1096
1097	1097
1098	1098	HB2306 - 30 - LRB103 05245 AMQ 50263 b
1099	1099
1100	1100
1101	1101	HB2306- 31 -LRB103 05245 AMQ 50263 b HB2306 - 31 - LRB103 05245 AMQ 50263 b
1102	1102	HB2306 - 31 - LRB103 05245 AMQ 50263 b
1103	1103	1 Department any and all records, including business records,
1104	1104	2 that relate to the examination and evaluation, including any
1105	1105	3 supplemental testing performed.
1106	1106	4 The Department may order the examining physician or any
1107	1107	5 member of the multidisciplinary team to present testimony
1108	1108	6 concerning the mental or physical examination of the licensee
1109	1109	7 or applicant. No information, report, record, or other
1110	1110	8 documents in any way related to the examination shall be
1111	1111	9 excluded by reason of any common law or statutory privilege
1112	1112	10 relating to communications between the licensee or applicant
1113	1113	11 and the examining physician or any member of the
1114	1114	12 multidisciplinary team. No authorization is necessary from the
1115	1115	13 licensee or applicant ordered to undergo an examination for
1116	1116	14 the examining physician or any member of the multidisciplinary
1117	1117	15 team to provide information, reports, records, or other
1118	1118	16 documents or to provide any testimony regarding the
1119	1119	17 examination and evaluation.
1120	1120	18 The individual to be examined may have, at his or her own
1121	1121	19 expense, another physician of his or her choice present during
1122	1122	20 all aspects of this examination. However, that physician shall
1123	1123	21 be present only to observe and may not interfere in any way
1124	1124	22 with the examination.
1125	1125	23 Failure of an individual to submit to a mental or physical
1126	1126	24 examination, when ordered, shall result in an automatic
1127	1127	25 suspension of his or her license until the individual submits
1128	1128	26 to the examination.
1129	1129
1130	1130
1131	1131
1132	1132
1133	1133
1134	1134	HB2306 - 31 - LRB103 05245 AMQ 50263 b
1135	1135
1136	1136
1137	1137	HB2306- 32 -LRB103 05245 AMQ 50263 b HB2306 - 32 - LRB103 05245 AMQ 50263 b
1138	1138	HB2306 - 32 - LRB103 05245 AMQ 50263 b
1139	1139	1 If the Department finds an individual unable to practice
1140	1140	2 because of the reasons set forth in this Section, the
1141	1141	3 Department may require that individual to submit to care,
1142	1142	4 counseling, or treatment by physicians approved or designated
1143	1143	5 by the Department, as a condition, term, or restriction for
1144	1144	6 continued, reinstated, or renewed licensure to practice; or,
1145	1145	7 in lieu of care, counseling, or treatment, the Department may
1146	1146	8 file a complaint to immediately suspend, revoke, or otherwise
1147	1147	9 discipline the license of the individual. An individual whose
1148	1148	10 license was granted, continued, reinstated, renewed,
1149	1149	11 disciplined, or supervised subject to such terms, conditions,
1150	1150	12 or restrictions, and who fails to comply with such terms,
1151	1151	13 conditions, or restrictions, shall be referred to the
1152	1152	14 Secretary for a determination as to whether the individual
1153	1153	15 shall have his or her license suspended immediately, pending a
1154	1154	16 hearing by the Department.
1155	1155	17 In instances in which the Secretary immediately suspends a
1156	1156	18 person's license under this Section, a hearing on that
1157	1157	19 person's license must be convened by the Department within 30
1158	1158	20 days after the suspension and completed without appreciable
1159	1159	21 delay. The Department shall have the authority to review the
1160	1160	22 subject individual's record of treatment and counseling
1161	1161	23 regarding the impairment to the extent permitted by applicable
1162	1162	24 federal statutes and regulations safeguarding the
1163	1163	25 confidentiality of medical records.
1164	1164	26 An individual licensed under this Act and affected under
1165	1165
1166	1166
1167	1167
1168	1168
1169	1169
1170	1170	HB2306 - 32 - LRB103 05245 AMQ 50263 b
1171	1171
1172	1172
1173	1173	HB2306- 33 -LRB103 05245 AMQ 50263 b HB2306 - 33 - LRB103 05245 AMQ 50263 b
1174	1174	HB2306 - 33 - LRB103 05245 AMQ 50263 b
1175	1175	1 this Section shall be afforded an opportunity to demonstrate
1176	1176	2 to the Department that he or she can resume practice in
1177	1177	3 compliance with acceptable and prevailing standards under the
1178	1178	4 provisions of his or her license.
1179	1179	5 (e) An individual or organization acting in good faith,
1180	1180	6 and not in a willful and wanton manner, in complying with this
1181	1181	7 Section by providing a report or other information to the
1182	1182	8 Board, by assisting in the investigation or preparation of a
1183	1183	9 report or information, by participating in proceedings of the
1184	1184	10 Board, or by serving as a member of the Board, shall not be
1185	1185	11 subject to criminal prosecution or civil damages as a result
1186	1186	12 of such actions.
1187	1187	13 (f) Members of the Board and the Disciplinary Board shall
1188	1188	14 be indemnified by the State for any actions occurring within
1189	1189	15 the scope of services on the Disciplinary Board or Board, done
1190	1190	16 in good faith and not willful and wanton in nature. The
1191	1191	17 Attorney General shall defend all such actions unless he or
1192	1192	18 she determines either that there would be a conflict of
1193	1193	19 interest in such representation or that the actions complained
1194	1194	20 of were not in good faith or were willful and wanton.
1195	1195	21 If the Attorney General declines representation, the
1196	1196	22 member has the right to employ counsel of his or her choice,
1197	1197	23 whose fees shall be provided by the State, after approval by
1198	1198	24 the Attorney General, unless there is a determination by a
1199	1199	25 court that the member's actions were not in good faith or were
1200	1200	26 willful and wanton.
1201	1201
1202	1202
1203	1203
1204	1204
1205	1205
1206	1206	HB2306 - 33 - LRB103 05245 AMQ 50263 b
1207	1207
1208	1208
1209	1209	HB2306- 34 -LRB103 05245 AMQ 50263 b HB2306 - 34 - LRB103 05245 AMQ 50263 b
1210	1210	HB2306 - 34 - LRB103 05245 AMQ 50263 b
1211	1211	1 The member must notify the Attorney General within 7 days
1212	1212	2 after receipt of notice of the initiation of any action
1213	1213	3 involving services of the Disciplinary Board. Failure to so
1214	1214	4 notify the Attorney General constitutes an absolute waiver of
1215	1215	5 the right to a defense and indemnification.
1216	1216	6 The Attorney General shall determine, within 7 days after
1217	1217	7 receiving such notice, whether he or she will undertake to
1218	1218	8 represent the member.
1219	1219	9 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
1220	1220	10 (225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
1221	1221	11 (Section scheduled to be repealed on January 1, 2028)
1222	1222	12 Sec. 22.2. Investigation; notice; hearing. The Department
1223	1223	13 may investigate the actions of any applicant or of any person
1224	1224	14 or persons holding or claiming to hold a license. The
1225	1225	15 Department shall, before suspending, revoking, placing on
1226	1226	16 probationary status, or taking any other disciplinary action
1227	1227	17 as the Department may deem proper with regard to any license,
1228	1228	18 at least 30 days prior to the date set for the hearing, notify
1229	1229	19 the applicant or licensee in writing of any charges made and
1230	1230	20 the time and place for a hearing of the charges before the
1231	1231	21 Disciplinary Board, direct him or her to file his or her
1232	1232	22 written answer thereto to the Disciplinary Board under oath
1233	1233	23 within 20 days after the service on him or her of such notice
1234	1234	24 and inform him or her that if he or she fails to file such
1235	1235	25 answer default will be taken against him or her and his or her
1236	1236
1237	1237
1238	1238
1239	1239
1240	1240
1241	1241	HB2306 - 34 - LRB103 05245 AMQ 50263 b
1242	1242
1243	1243
1244	1244	HB2306- 35 -LRB103 05245 AMQ 50263 b HB2306 - 35 - LRB103 05245 AMQ 50263 b
1245	1245	HB2306 - 35 - LRB103 05245 AMQ 50263 b
1246	1246	1 license may be suspended, revoked, placed on probationary
1247	1247	2 status, or have other disciplinary action, including limiting
1248	1248	3 the scope, nature or extent of his or her practice, as the
1249	1249	4 Department may deem proper taken with regard thereto. Written
1250	1250	5 or electronic notice may be served by personal delivery,
1251	1251	6 email, or mail to the applicant or licensee at his or her
1252	1252	7 address of record or email address of record. At the time and
1253	1253	8 place fixed in the notice, the Department shall proceed to
1254	1254	9 hear the charges and the parties or their counsel shall be
1255	1255	10 accorded ample opportunity to present such statements,
1256	1256	11 testimony, evidence, and argument as may be pertinent to the
1257	1257	12 charges or to the defense thereto. The Department may continue
1258	1258	13 such hearing from time to time. In case the applicant or
1259	1259	14 licensee, after receiving notice, fails to file an answer, his
1260	1260	15 or her license may in the discretion of the Secretary, having
1261	1261	16 received first the recommendation of the Disciplinary Board,
1262	1262	17 be suspended, revoked, placed on probationary status, or the
1263	1263	18 Secretary may take whatever disciplinary action as he or she
1264	1264	19 may deem proper, including limiting the scope, nature, or
1265	1265	20 extent of such person's practice, without a hearing, if the
1266	1266	21 act or acts charged constitute sufficient grounds for such
1267	1267	22 action under this Act.
1268	1268	23 (Source: P.A. 100-453, eff. 8-25-17.)
1269	1269	24 (225 ILCS 95/22.3) (from Ch. 111, par. 4622.3)
1270	1270	25 (Section scheduled to be repealed on January 1, 2028)
1271	1271
1272	1272
1273	1273
1274	1274
1275	1275
1276	1276	HB2306 - 35 - LRB103 05245 AMQ 50263 b
1277	1277
1278	1278
1279	1279	HB2306- 36 -LRB103 05245 AMQ 50263 b HB2306 - 36 - LRB103 05245 AMQ 50263 b
1280	1280	HB2306 - 36 - LRB103 05245 AMQ 50263 b
1281	1281	1 Sec. 22.3. The Department, at its expense, shall preserve
1282	1282	2 a record of all proceedings at the formal hearing of any case
1283	1283	3 involving the refusal to issue, renew or discipline of a
1284	1284	4 license. The notice of hearing, complaint and all other
1285	1285	5 documents in the nature of pleadings and written motions filed
1286	1286	6 in the proceedings, the transcript of testimony, the report of
1287	1287	7 the Disciplinary Board or hearing officer and orders of the
1288	1288	8 Department shall be the record of such proceeding.
1289	1289	9 (Source: P.A. 85-981.)
1290	1290	10 (225 ILCS 95/22.5) (from Ch. 111, par. 4622.5)
1291	1291	11 (Section scheduled to be repealed on January 1, 2028)
1292	1292	12 Sec. 22.5. Subpoena power; oaths. The Department shall
1293	1293	13 have power to subpoena and bring before it any person and to
1294	1294	14 take testimony either orally or by deposition or both, with
1295	1295	15 the same fees and mileage and in the same manner as prescribed
1296	1296	16 by law in judicial proceedings in civil cases in circuit
1297	1297	17 courts of this State.
1298	1298	18 The Secretary, the designated hearing officer, and any
1299	1299	19 member of the Disciplinary Board designated by the Secretary
1300	1300	20 shall each have power to administer oaths to witnesses at any
1301	1301	21 hearing which the Department is authorized to conduct under
1302	1302	22 this Act and any other oaths required or authorized to be
1303	1303	23 administered by the Department under this Act.
1304	1304	24 (Source: P.A. 95-703, eff. 12-31-07.)
1305	1305
1306	1306
1307	1307
1308	1308
1309	1309
1310	1310	HB2306 - 36 - LRB103 05245 AMQ 50263 b
1311	1311
1312	1312
1313	1313	HB2306- 37 -LRB103 05245 AMQ 50263 b HB2306 - 37 - LRB103 05245 AMQ 50263 b
1314	1314	HB2306 - 37 - LRB103 05245 AMQ 50263 b
1315	1315	1 (225 ILCS 95/22.6) (from Ch. 111, par. 4622.6)
1316	1316	2 (Section scheduled to be repealed on January 1, 2028)
1317	1317	3 Sec. 22.6. At the conclusion of the hearing, the
1318	1318	4 Disciplinary Board shall present to the Secretary a written
1319	1319	5 report of its findings of fact, conclusions of law, and
1320	1320	6 recommendations. The report shall contain a finding whether or
1321	1321	7 not the accused person violated this Act or failed to comply
1322	1322	8 with the conditions required in this Act. The Disciplinary
1323	1323	9 Board shall specify the nature of the violation or failure to
1324	1324	10 comply, and shall make its recommendations to the Secretary.
1325	1325	11 The report of findings of fact, conclusions of law, and
1326	1326	12 recommendation of the Disciplinary Board shall be the basis
1327	1327	13 for the Department's order or refusal or for the granting of a
1328	1328	14 license or permit. If the Secretary disagrees in any regard
1329	1329	15 with the report of the Disciplinary Board, the Secretary may
1330	1330	16 issue an order in contravention thereof. The finding is not
1331	1331	17 admissible in evidence against the person in a criminal
1332	1332	18 prosecution brought for the violation of this Act, but the
1333	1333	19 hearing and finding are not a bar to a criminal prosecution
1334	1334	20 brought for the violation of this Act.
1335	1335	21 (Source: P.A. 100-453, eff. 8-25-17.)
1336	1336	22 (225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
1337	1337	23 (Section scheduled to be repealed on January 1, 2028)
1338	1338	24 Sec. 22.7. Hearing officer. Notwithstanding the provisions
1339	1339	25 of Section 22.2 of this Act, the Secretary shall have the
1340	1340
1341	1341
1342	1342
1343	1343
1344	1344
1345	1345	HB2306 - 37 - LRB103 05245 AMQ 50263 b
1346	1346
1347	1347
1348	1348	HB2306- 38 -LRB103 05245 AMQ 50263 b HB2306 - 38 - LRB103 05245 AMQ 50263 b
1349	1349	HB2306 - 38 - LRB103 05245 AMQ 50263 b
1350	1350	1 authority to appoint any attorney duly licensed to practice
1351	1351	2 law in the State of Illinois to serve as the hearing officer in
1352	1352	3 any action for refusal to issue or renew, or for discipline of,
1353	1353	4 a license. The hearing officer shall have full authority to
1354	1354	5 conduct the hearing. The hearing officer shall report his or
1355	1355	6 her findings of fact, conclusions of law, and recommendations
1356	1356	7 to the Disciplinary Board and the Secretary. The Disciplinary
1357	1357	8 Board shall have 60 days from receipt of the report to review
1358	1358	9 the report of the hearing officer and present their findings
1359	1359	10 of fact, conclusions of law, and recommendations to the
1360	1360	11 Secretary. If the Disciplinary Board fails to present its
1361	1361	12 report within the 60-day period, the respondent may request in
1362	1362	13 writing a direct appeal to the Secretary, in which case the
1363	1363	14 Secretary may issue an order based upon the report of the
1364	1364	15 hearing officer and the record of the proceedings or issue an
1365	1365	16 order remanding the matter back to the hearing officer for
1366	1366	17 additional proceedings in accordance with the order.
1367	1367	18 Notwithstanding any other provision of this Section, if the
1368	1368	19 Secretary, upon review, determines that substantial justice
1369	1369	20 has not been done in the revocation, suspension, or refusal to
1370	1370	21 issue or renew a license or other disciplinary action taken as
1371	1371	22 the result of the entry of the hearing officer's report, the
1372	1372	23 Secretary may order a rehearing by the same or other
1373	1373	24 examiners. If the Secretary disagrees in any regard with the
1374	1374	25 report of the Disciplinary Board or hearing officer, he or she
1375	1375	26 may issue an order in contravention thereof.
1376	1376
1377	1377
1378	1378
1379	1379
1380	1380
1381	1381	HB2306 - 38 - LRB103 05245 AMQ 50263 b
1382	1382
1383	1383
1384	1384	HB2306- 39 -LRB103 05245 AMQ 50263 b HB2306 - 39 - LRB103 05245 AMQ 50263 b
1385	1385	HB2306 - 39 - LRB103 05245 AMQ 50263 b
1386	1386	1 (Source: P.A. 100-453, eff. 8-25-17.)
1387	1387	2 (225 ILCS 95/22.8) (from Ch. 111, par. 4622.8)
1388	1388	3 (Section scheduled to be repealed on January 1, 2028)
1389	1389	4 Sec. 22.8. In any case involving the refusal to issue,
1390	1390	5 renew or discipline of a license, a copy of the Disciplinary
1391	1391	6 Board's report shall be served upon the respondent by the
1392	1392	7 Department, either personally or as provided in this Act for
1393	1393	8 the service of the notice of hearing. Within 20 days after such
1394	1394	9 service, the respondent may present to the Department a motion
1395	1395	10 in writing for a rehearing, which motion shall specify the
1396	1396	11 particular grounds therefor. If no motion for rehearing is
1397	1397	12 filed, then upon the expiration of the time specified for
1398	1398	13 filing such a motion, or if a motion for rehearing is denied,
1399	1399	14 then upon such denial the Secretary may enter an order in
1400	1400	15 accordance with recommendations of the Disciplinary Board
1401	1401	16 except as provided in Section 22.6 or 22.7 of this Act. If the
1402	1402	17 respondent shall order from the reporting service, and pay for
1403	1403	18 a transcript of the record within the time for filing a motion
1404	1404	19 for rehearing, the 20 day period within which such a motion may
1405	1405	20 be filed shall commence upon the delivery of the transcript to
1406	1406	21 the respondent.
1407	1407	22 (Source: P.A. 95-703, eff. 12-31-07.)
1408	1408	23 (225 ILCS 95/22.9) (from Ch. 111, par. 4622.9)
1409	1409	24 (Section scheduled to be repealed on January 1, 2028)
1410	1410
1411	1411
1412	1412
1413	1413
1414	1414
1415	1415	HB2306 - 39 - LRB103 05245 AMQ 50263 b
1416	1416
1417	1417
1418	1418	HB2306- 40 -LRB103 05245 AMQ 50263 b HB2306 - 40 - LRB103 05245 AMQ 50263 b
1419	1419	HB2306 - 40 - LRB103 05245 AMQ 50263 b
1420	1420	1 Sec. 22.9. Whenever the Secretary is satisfied that
1421	1421	2 substantial justice has not been done in the revocation,
1422	1422	3 suspension or refusal to issue or renew a license, the
1423	1423	4 Secretary may order a rehearing by the same or another hearing
1424	1424	5 officer or Disciplinary Board.
1425	1425	6 (Source: P.A. 95-703, eff. 12-31-07.)
1426	1426	7 (225 ILCS 95/22.10) (from Ch. 111, par. 4622.10)
1427	1427	8 (Section scheduled to be repealed on January 1, 2028)
1428	1428	9 Sec. 22.10. Order or certified copy; prima facie proof. An
1429	1429	10 order or a certified copy thereof, over the seal of the
1430	1430	11 Department and purporting to be signed by the Secretary, shall
1431	1431	12 be prima facie proof that:
1432	1432	13 (a) the signature is the genuine signature of the
1433	1433	14 Secretary;
1434	1434	15 (b) the Secretary is duly appointed and qualified; and
1435	1435	16 (c) the Disciplinary Board and the members thereof are
1436	1436	17 qualified to act.
1437	1437	18 (Source: P.A. 95-703, eff. 12-31-07.)
1438	1438	19 Section 10. The Illinois Controlled Substances Act is
1439	1439	20 amended by changing Sections 102 and 303.05 as follows:
1440	1440	21 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
1441	1441	22 Sec. 102. Definitions. As used in this Act, unless the
1442	1442	23 context otherwise requires:
1443	1443
1444	1444
1445	1445
1446	1446
1447	1447
1448	1448	HB2306 - 40 - LRB103 05245 AMQ 50263 b
1449	1449
1450	1450
1451	1451	HB2306- 41 -LRB103 05245 AMQ 50263 b HB2306 - 41 - LRB103 05245 AMQ 50263 b
1452	1452	HB2306 - 41 - LRB103 05245 AMQ 50263 b
1453	1453	1 (a) "Addict" means any person who habitually uses any
1454	1454	2 drug, chemical, substance or dangerous drug other than alcohol
1455	1455	3 so as to endanger the public morals, health, safety or welfare
1456	1456	4 or who is so far addicted to the use of a dangerous drug or
1457	1457	5 controlled substance other than alcohol as to have lost the
1458	1458	6 power of self control with reference to his or her addiction.
1459	1459	7 (b) "Administer" means the direct application of a
1460	1460	8 controlled substance, whether by injection, inhalation,
1461	1461	9 ingestion, or any other means, to the body of a patient,
1462	1462	10 research subject, or animal (as defined by the Humane
1463	1463	11 Euthanasia in Animal Shelters Act) by:
1464	1464	12 (1) a practitioner (or, in his or her presence, by his
1465	1465	13 or her authorized agent),
1466	1466	14 (2) the patient or research subject pursuant to an
1467	1467	15 order, or
1468	1468	16 (3) a euthanasia technician as defined by the Humane
1469	1469	17 Euthanasia in Animal Shelters Act.
1470	1470	18 (c) "Agent" means an authorized person who acts on behalf
1471	1471	19 of or at the direction of a manufacturer, distributor,
1472	1472	20 dispenser, prescriber, or practitioner. It does not include a
1473	1473	21 common or contract carrier, public warehouseman or employee of
1474	1474	22 the carrier or warehouseman.
1475	1475	23 (c-1) "Anabolic Steroids" means any drug or hormonal
1476	1476	24 substance, chemically and pharmacologically related to
1477	1477	25 testosterone (other than estrogens, progestins,
1478	1478	26 corticosteroids, and dehydroepiandrosterone), and includes:
1479	1479
1480	1480
1481	1481
1482	1482
1483	1483
1484	1484	HB2306 - 41 - LRB103 05245 AMQ 50263 b
1485	1485
1486	1486
1487	1487	HB2306- 42 -LRB103 05245 AMQ 50263 b HB2306 - 42 - LRB103 05245 AMQ 50263 b
1488	1488	HB2306 - 42 - LRB103 05245 AMQ 50263 b
1489	1489	1 (i) 3[beta],17-dihydroxy-5a-androstane,
1490	1490	2 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
1491	1491	3 (iii) 5[alpha]-androstan-3,17-dione,
1492	1492	4 (iv) 1-androstenediol (3[beta],
1493	1493	5 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
1494	1494	6 (v) 1-androstenediol (3[alpha],
1495	1495	7 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
1496	1496	8 (vi) 4-androstenediol
1497	1497	9 (3[beta],17[beta]-dihydroxy-androst-4-ene),
1498	1498	10 (vii) 5-androstenediol
1499	1499	11 (3[beta],17[beta]-dihydroxy-androst-5-ene),
1500	1500	12 (viii) 1-androstenedione
1501	1501	13 ([5alpha]-androst-1-en-3,17-dione),
1502	1502	14 (ix) 4-androstenedione
1503	1503	15 (androst-4-en-3,17-dione),
1504	1504	16 (x) 5-androstenedione
1505	1505	17 (androst-5-en-3,17-dione),
1506	1506	18 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
1507	1507	19 hydroxyandrost-4-en-3-one),
1508	1508	20 (xii) boldenone (17[beta]-hydroxyandrost-
1509	1509	21 1,4,-diene-3-one),
1510	1510	22 (xiii) boldione (androsta-1,4-
1511	1511	23 diene-3,17-dione),
1512	1512	24 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17
1513	1513	25 [beta]-hydroxyandrost-4-en-3-one),
1514	1514	26 (xv) clostebol (4-chloro-17[beta]-
1515	1515
1516	1516
1517	1517
1518	1518
1519	1519
1520	1520	HB2306 - 42 - LRB103 05245 AMQ 50263 b
1521	1521
1522	1522
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1524	1524	HB2306 - 43 - LRB103 05245 AMQ 50263 b
1525	1525	1 hydroxyandrost-4-en-3-one),
1526	1526	2 (xvi) dehydrochloromethyltestosterone (4-chloro-
1527	1527	3 17[beta]-hydroxy-17[alpha]-methyl-
1528	1528	4 androst-1,4-dien-3-one),
1529	1529	5 (xvii) desoxymethyltestosterone
1530	1530	6 (17[alpha]-methyl-5[alpha]
1531	1531	7 -androst-2-en-17[beta]-ol)(a.k.a., madol),
1532	1532	8 (xviii) [delta]1-dihydrotestosterone (a.k.a.
1533	1533	9 '1-testosterone') (17[beta]-hydroxy-
1534	1534	10 5[alpha]-androst-1-en-3-one),
1535	1535	11 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-
1536	1536	12 androstan-3-one),
1537	1537	13 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
1538	1538	14 5[alpha]-androstan-3-one),
1539	1539	15 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
1540	1540	16 hydroxyestr-4-ene),
1541	1541	17 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1542	1542	18 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
1543	1543	19 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
1544	1544	20 17[beta]-dihydroxyandrost-1,4-dien-3-one),
1545	1545	21 (xxiv) furazabol (17[alpha]-methyl-17[beta]-
1546	1546	22 hydroxyandrostano[2,3-c]-furazan),
1547	1547	23 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
1548	1548	24 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
1549	1549	25 androst-4-en-3-one),
1550	1550	26 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
1551	1551
1552	1552
1553	1553
1554	1554
1555	1555
1556	1556	HB2306 - 43 - LRB103 05245 AMQ 50263 b
1557	1557
1558	1558
1559	1559	HB2306- 44 -LRB103 05245 AMQ 50263 b HB2306 - 44 - LRB103 05245 AMQ 50263 b
1560	1560	HB2306 - 44 - LRB103 05245 AMQ 50263 b
1561	1561	1 dihydroxy-estr-4-en-3-one),
1562	1562	2 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-
1563	1563	3 hydroxy-5-androstan-3-one),
1564	1564	4 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-
1565	1565	5 [5a]-androstan-3-one),
1566	1566	6 (xxx) methandienone (17[alpha]-methyl-17[beta]-
1567	1567	7 hydroxyandrost-1,4-dien-3-one),
1568	1568	8 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
1569	1569	9 dihydroxyandrost-5-ene),
1570	1570	10 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-
1571	1571	11 5[alpha]-androst-1-en-3-one),
1572	1572	12 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
1573	1573	13 dihydroxy-5a-androstane,
1574	1574	14 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
1575	1575	15 -5a-androstane,
1576	1576	16 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-
1577	1577	17 dihydroxyandrost-4-ene),
1578	1578	18 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
1579	1579	19 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
1580	1580	20 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
1581	1581	21 hydroxyestra-4,9(10)-dien-3-one),
1582	1582	22 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
1583	1583	23 hydroxyestra-4,9-11-trien-3-one),
1584	1584	24 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
1585	1585	25 hydroxyandrost-4-en-3-one),
1586	1586	26 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
1587	1587
1588	1588
1589	1589
1590	1590
1591	1591
1592	1592	HB2306 - 44 - LRB103 05245 AMQ 50263 b
1593	1593
1594	1594
1595	1595	HB2306- 45 -LRB103 05245 AMQ 50263 b HB2306 - 45 - LRB103 05245 AMQ 50263 b
1596	1596	HB2306 - 45 - LRB103 05245 AMQ 50263 b
1597	1597	1 hydroxyestr-4-en-3-one),
1598	1598	2 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
1599	1599	3 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
1600	1600	4 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1601	1601	5 1-testosterone'),
1602	1602	6 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
1603	1603	7 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
1604	1604	8 dihydroxyestr-4-ene),
1605	1605	9 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
1606	1606	10 dihydroxyestr-4-ene),
1607	1607	11 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
1608	1608	12 dihydroxyestr-5-ene),
1609	1609	13 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
1610	1610	14 dihydroxyestr-5-ene),
1611	1611	15 (xlvii) 19-nor-4,9(10)-androstadienedione
1612	1612	16 (estra-4,9(10)-diene-3,17-dione),
1613	1613	17 (xlviii) 19-nor-4-androstenedione (estr-4-
1614	1614	18 en-3,17-dione),
1615	1615	19 (xlix) 19-nor-5-androstenedione (estr-5-
1616	1616	20 en-3,17-dione),
1617	1617	21 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-
1618	1618	22 hydroxygon-4-en-3-one),
1619	1619	23 (li) norclostebol (4-chloro-17[beta]-
1620	1620	24 hydroxyestr-4-en-3-one),
1621	1621	25 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-
1622	1622	26 hydroxyestr-4-en-3-one),
1623	1623
1624	1624
1625	1625
1626	1626
1627	1627
1628	1628	HB2306 - 45 - LRB103 05245 AMQ 50263 b
1629	1629
1630	1630
1631	1631	HB2306- 46 -LRB103 05245 AMQ 50263 b HB2306 - 46 - LRB103 05245 AMQ 50263 b
1632	1632	HB2306 - 46 - LRB103 05245 AMQ 50263 b
1633	1633	1 (liii) normethandrolone (17[alpha]-methyl-17[beta]-
1634	1634	2 hydroxyestr-4-en-3-one),
1635	1635	3 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
1636	1636	4 2-oxa-5[alpha]-androstan-3-one),
1637	1637	5 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
1638	1638	6 dihydroxyandrost-4-en-3-one),
1639	1639	7 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
1640	1640	8 17[beta]-hydroxy-(5[alpha]-androstan-3-one),
1641	1641	9 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
1642	1642	10 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),
1643	1643	11 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-
1644	1644	12 (5[alpha]-androst-1-en-3-one),
1645	1645	13 (lix) testolactone (13-hydroxy-3-oxo-13,17-
1646	1646	14 secoandrosta-1,4-dien-17-oic
1647	1647	15 acid lactone),
1648	1648	16 (lx) testosterone (17[beta]-hydroxyandrost-
1649	1649	17 4-en-3-one),
1650	1650	18 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
1651	1651	19 diethyl-17[beta]-hydroxygon-
1652	1652	20 4,9,11-trien-3-one),
1653	1653	21 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,
1654	1654	22 11-trien-3-one).
1655	1655	23 Any person who is otherwise lawfully in possession of an
1656	1656	24 anabolic steroid, or who otherwise lawfully manufactures,
1657	1657	25 distributes, dispenses, delivers, or possesses with intent to
1658	1658	26 deliver an anabolic steroid, which anabolic steroid is
1659	1659
1660	1660
1661	1661
1662	1662
1663	1663
1664	1664	HB2306 - 46 - LRB103 05245 AMQ 50263 b
1665	1665
1666	1666
1667	1667	HB2306- 47 -LRB103 05245 AMQ 50263 b HB2306 - 47 - LRB103 05245 AMQ 50263 b
1668	1668	HB2306 - 47 - LRB103 05245 AMQ 50263 b
1669	1669	1 expressly intended for and lawfully allowed to be administered
1670	1670	2 through implants to livestock or other nonhuman species, and
1671	1671	3 which is approved by the Secretary of Health and Human
1672	1672	4 Services for such administration, and which the person intends
1673	1673	5 to administer or have administered through such implants,
1674	1674	6 shall not be considered to be in unauthorized possession or to
1675	1675	7 unlawfully manufacture, distribute, dispense, deliver, or
1676	1676	8 possess with intent to deliver such anabolic steroid for
1677	1677	9 purposes of this Act.
1678	1678	10 (d) "Administration" means the Drug Enforcement
1679	1679	11 Administration, United States Department of Justice, or its
1680	1680	12 successor agency.
1681	1681	13 (d-5) "Clinical Director, Prescription Monitoring Program"
1682	1682	14 means a Department of Human Services administrative employee
1683	1683	15 licensed to either prescribe or dispense controlled substances
1684	1684	16 who shall run the clinical aspects of the Department of Human
1685	1685	17 Services Prescription Monitoring Program and its Prescription
1686	1686	18 Information Library.
1687	1687	19 (d-10) "Compounding" means the preparation and mixing of
1688	1688	20 components, excluding flavorings, (1) as the result of a
1689	1689	21 prescriber's prescription drug order or initiative based on
1690	1690	22 the prescriber-patient-pharmacist relationship in the course
1691	1691	23 of professional practice or (2) for the purpose of, or
1692	1692	24 incident to, research, teaching, or chemical analysis and not
1693	1693	25 for sale or dispensing. "Compounding" includes the preparation
1694	1694	26 of drugs or devices in anticipation of receiving prescription
1695	1695
1696	1696
1697	1697
1698	1698
1699	1699
1700	1700	HB2306 - 47 - LRB103 05245 AMQ 50263 b
1701	1701
1702	1702
1703	1703	HB2306- 48 -LRB103 05245 AMQ 50263 b HB2306 - 48 - LRB103 05245 AMQ 50263 b
1704	1704	HB2306 - 48 - LRB103 05245 AMQ 50263 b
1705	1705	1 drug orders based on routine, regularly observed dispensing
1706	1706	2 patterns. Commercially available products may be compounded
1707	1707	3 for dispensing to individual patients only if both of the
1708	1708	4 following conditions are met: (i) the commercial product is
1709	1709	5 not reasonably available from normal distribution channels in
1710	1710	6 a timely manner to meet the patient's needs and (ii) the
1711	1711	7 prescribing practitioner has requested that the drug be
1712	1712	8 compounded.
1713	1713	9 (e) "Control" means to add a drug or other substance, or
1714	1714	10 immediate precursor, to a Schedule whether by transfer from
1715	1715	11 another Schedule or otherwise.
1716	1716	12 (f) "Controlled Substance" means (i) a drug, substance,
1717	1717	13 immediate precursor, or synthetic drug in the Schedules of
1718	1718	14 Article II of this Act or (ii) a drug or other substance, or
1719	1719	15 immediate precursor, designated as a controlled substance by
1720	1720	16 the Department through administrative rule. The term does not
1721	1721	17 include distilled spirits, wine, malt beverages, or tobacco,
1722	1722	18 as those terms are defined or used in the Liquor Control Act of
1723	1723	19 1934 and the Tobacco Products Tax Act of 1995.
1724	1724	20 (f-5) "Controlled substance analog" means a substance:
1725	1725	21 (1) the chemical structure of which is substantially
1726	1726	22 similar to the chemical structure of a controlled
1727	1727	23 substance in Schedule I or II;
1728	1728	24 (2) which has a stimulant, depressant, or
1729	1729	25 hallucinogenic effect on the central nervous system that
1730	1730	26 is substantially similar to or greater than the stimulant,
1731	1731
1732	1732
1733	1733
1734	1734
1735	1735
1736	1736	HB2306 - 48 - LRB103 05245 AMQ 50263 b
1737	1737
1738	1738
1739	1739	HB2306- 49 -LRB103 05245 AMQ 50263 b HB2306 - 49 - LRB103 05245 AMQ 50263 b
1740	1740	HB2306 - 49 - LRB103 05245 AMQ 50263 b
1741	1741	1 depressant, or hallucinogenic effect on the central
1742	1742	2 nervous system of a controlled substance in Schedule I or
1743	1743	3 II; or
1744	1744	4 (3) with respect to a particular person, which such
1745	1745	5 person represents or intends to have a stimulant,
1746	1746	6 depressant, or hallucinogenic effect on the central
1747	1747	7 nervous system that is substantially similar to or greater
1748	1748	8 than the stimulant, depressant, or hallucinogenic effect
1749	1749	9 on the central nervous system of a controlled substance in
1750	1750	10 Schedule I or II.
1751	1751	11 (g) "Counterfeit substance" means a controlled substance,
1752	1752	12 which, or the container or labeling of which, without
1753	1753	13 authorization bears the trademark, trade name, or other
1754	1754	14 identifying mark, imprint, number or device, or any likeness
1755	1755	15 thereof, of a manufacturer, distributor, or dispenser other
1756	1756	16 than the person who in fact manufactured, distributed, or
1757	1757	17 dispensed the substance.
1758	1758	18 (h) "Deliver" or "delivery" means the actual, constructive
1759	1759	19 or attempted transfer of possession of a controlled substance,
1760	1760	20 with or without consideration, whether or not there is an
1761	1761	21 agency relationship. "Deliver" or "delivery" does not include
1762	1762	22 the donation of drugs to the extent permitted under the
1763	1763	23 Illinois Drug Reuse Opportunity Program Act.
1764	1764	24 (i) "Department" means the Illinois Department of Human
1765	1765	25 Services (as successor to the Department of Alcoholism and
1766	1766	26 Substance Abuse) or its successor agency.
1767	1767
1768	1768
1769	1769
1770	1770
1771	1771
1772	1772	HB2306 - 49 - LRB103 05245 AMQ 50263 b
1773	1773
1774	1774
1775	1775	HB2306- 50 -LRB103 05245 AMQ 50263 b HB2306 - 50 - LRB103 05245 AMQ 50263 b
1776	1776	HB2306 - 50 - LRB103 05245 AMQ 50263 b
1777	1777	1 (j) (Blank).
1778	1778	2 (k) "Department of Corrections" means the Department of
1779	1779	3 Corrections of the State of Illinois or its successor agency.
1780	1780	4 (l) "Department of Financial and Professional Regulation"
1781	1781	5 means the Department of Financial and Professional Regulation
1782	1782	6 of the State of Illinois or its successor agency.
1783	1783	7 (m) "Depressant" means any drug that (i) causes an overall
1784	1784	8 depression of central nervous system functions, (ii) causes
1785	1785	9 impaired consciousness and awareness, and (iii) can be
1786	1786	10 habit-forming or lead to a substance abuse problem, including,
1787	1787	11 but not limited to, alcohol, cannabis and its active
1788	1788	12 principles and their analogs, benzodiazepines and their
1789	1789	13 analogs, barbiturates and their analogs, opioids (natural and
1790	1790	14 synthetic) and their analogs, and chloral hydrate and similar
1791	1791	15 sedative hypnotics.
1792	1792	16 (n) (Blank).
1793	1793	17 (o) "Director" means the Director of the Illinois State
1794	1794	18 Police or his or her designated agents.
1795	1795	19 (p) "Dispense" means to deliver a controlled substance to
1796	1796	20 an ultimate user or research subject by or pursuant to the
1797	1797	21 lawful order of a prescriber, including the prescribing,
1798	1798	22 administering, packaging, labeling, or compounding necessary
1799	1799	23 to prepare the substance for that delivery.
1800	1800	24 (q) "Dispenser" means a practitioner who dispenses.
1801	1801	25 (r) "Distribute" means to deliver, other than by
1802	1802	26 administering or dispensing, a controlled substance.
1803	1803
1804	1804
1805	1805
1806	1806
1807	1807
1808	1808	HB2306 - 50 - LRB103 05245 AMQ 50263 b
1809	1809
1810	1810
1811	1811	HB2306- 51 -LRB103 05245 AMQ 50263 b HB2306 - 51 - LRB103 05245 AMQ 50263 b
1812	1812	HB2306 - 51 - LRB103 05245 AMQ 50263 b
1813	1813	1 (s) "Distributor" means a person who distributes.
1814	1814	2 (t) "Drug" means (1) substances recognized as drugs in the
1815	1815	3 official United States Pharmacopoeia, Official Homeopathic
1816	1816	4 Pharmacopoeia of the United States, or official National
1817	1817	5 Formulary, or any supplement to any of them; (2) substances
1818	1818	6 intended for use in diagnosis, cure, mitigation, treatment, or
1819	1819	7 prevention of disease in man or animals; (3) substances (other
1820	1820	8 than food) intended to affect the structure of any function of
1821	1821	9 the body of man or animals and (4) substances intended for use
1822	1822	10 as a component of any article specified in clause (1), (2), or
1823	1823	11 (3) of this subsection. It does not include devices or their
1824	1824	12 components, parts, or accessories.
1825	1825	13 (t-3) "Electronic health record" or "EHR" means an
1826	1826	14 electronic record of health-related information on an
1827	1827	15 individual that is created, gathered, managed, and consulted
1828	1828	16 by authorized health care clinicians and staff.
1829	1829	17 (t-3.5) "Electronic health record system" or "EHR system"
1830	1830	18 means any computer-based system or combination of federally
1831	1831	19 certified Health IT Modules (defined at 42 CFR 170.102 or its
1832	1832	20 successor) used as a repository for electronic health records
1833	1833	21 and accessed or updated by a prescriber or authorized
1834	1834	22 surrogate in the ordinary course of his or her medical
1835	1835	23 practice. For purposes of connecting to the Prescription
1836	1836	24 Information Library maintained by the Bureau of Pharmacy and
1837	1837	25 Clinical Support Systems or its successor, an EHR system may
1838	1838	26 connect to the Prescription Information Library directly or
1839	1839
1840	1840
1841	1841
1842	1842
1843	1843
1844	1844	HB2306 - 51 - LRB103 05245 AMQ 50263 b
1845	1845
1846	1846
1847	1847	HB2306- 52 -LRB103 05245 AMQ 50263 b HB2306 - 52 - LRB103 05245 AMQ 50263 b
1848	1848	HB2306 - 52 - LRB103 05245 AMQ 50263 b
1849	1849	1 through all or part of a computer program or system that is a
1850	1850	2 federally certified Health IT Module maintained by a third
1851	1851	3 party and used by the EHR system to secure access to the
1852	1852	4 database.
1853	1853	5 (t-4) "Emergency medical services personnel" has the
1854	1854	6 meaning ascribed to it in the Emergency Medical Services (EMS)
1855	1855	7 Systems Act.
1856	1856	8 (t-5) "Euthanasia agency" means an entity certified by the
1857	1857	9 Department of Financial and Professional Regulation for the
1858	1858	10 purpose of animal euthanasia that holds an animal control
1859	1859	11 facility license or animal shelter license under the Animal
1860	1860	12 Welfare Act. A euthanasia agency is authorized to purchase,
1861	1861	13 store, possess, and utilize Schedule II nonnarcotic and
1862	1862	14 Schedule III nonnarcotic drugs for the sole purpose of animal
1863	1863	15 euthanasia.
1864	1864	16 (t-10) "Euthanasia drugs" means Schedule II or Schedule
1865	1865	17 III substances (nonnarcotic controlled substances) that are
1866	1866	18 used by a euthanasia agency for the purpose of animal
1867	1867	19 euthanasia.
1868	1868	20 (u) "Good faith" means the prescribing or dispensing of a
1869	1869	21 controlled substance by a practitioner in the regular course
1870	1870	22 of professional treatment to or for any person who is under his
1871	1871	23 or her treatment for a pathology or condition other than that
1872	1872	24 individual's physical or psychological dependence upon or
1873	1873	25 addiction to a controlled substance, except as provided
1874	1874	26 herein: and application of the term to a pharmacist shall mean
1875	1875
1876	1876
1877	1877
1878	1878
1879	1879
1880	1880	HB2306 - 52 - LRB103 05245 AMQ 50263 b
1881	1881
1882	1882
1883	1883	HB2306- 53 -LRB103 05245 AMQ 50263 b HB2306 - 53 - LRB103 05245 AMQ 50263 b
1884	1884	HB2306 - 53 - LRB103 05245 AMQ 50263 b
1885	1885	1 the dispensing of a controlled substance pursuant to the
1886	1886	2 prescriber's order which in the professional judgment of the
1887	1887	3 pharmacist is lawful. The pharmacist shall be guided by
1888	1888	4 accepted professional standards, including, but not limited
1889	1889	5 to, the following, in making the judgment:
1890	1890	6 (1) lack of consistency of prescriber-patient
1891	1891	7 relationship,
1892	1892	8 (2) frequency of prescriptions for same drug by one
1893	1893	9 prescriber for large numbers of patients,
1894	1894	10 (3) quantities beyond those normally prescribed,
1895	1895	11 (4) unusual dosages (recognizing that there may be
1896	1896	12 clinical circumstances where more or less than the usual
1897	1897	13 dose may be used legitimately),
1898	1898	14 (5) unusual geographic distances between patient,
1899	1899	15 pharmacist and prescriber,
1900	1900	16 (6) consistent prescribing of habit-forming drugs.
1901	1901	17 (u-0.5) "Hallucinogen" means a drug that causes markedly
1902	1902	18 altered sensory perception leading to hallucinations of any
1903	1903	19 type.
1904	1904	20 (u-1) "Home infusion services" means services provided by
1905	1905	21 a pharmacy in compounding solutions for direct administration
1906	1906	22 to a patient in a private residence, long-term care facility,
1907	1907	23 or hospice setting by means of parenteral, intravenous,
1908	1908	24 intramuscular, subcutaneous, or intraspinal infusion.
1909	1909	25 (u-5) "Illinois State Police" means the Illinois State
1910	1910	26 Police or its successor agency.
1911	1911
1912	1912
1913	1913
1914	1914
1915	1915
1916	1916	HB2306 - 53 - LRB103 05245 AMQ 50263 b
1917	1917
1918	1918
1919	1919	HB2306- 54 -LRB103 05245 AMQ 50263 b HB2306 - 54 - LRB103 05245 AMQ 50263 b
1920	1920	HB2306 - 54 - LRB103 05245 AMQ 50263 b
1921	1921	1 (v) "Immediate precursor" means a substance:
1922	1922	2 (1) which the Department has found to be and by rule
1923	1923	3 designated as being a principal compound used, or produced
1924	1924	4 primarily for use, in the manufacture of a controlled
1925	1925	5 substance;
1926	1926	6 (2) which is an immediate chemical intermediary used
1927	1927	7 or likely to be used in the manufacture of such controlled
1928	1928	8 substance; and
1929	1929	9 (3) the control of which is necessary to prevent,
1930	1930	10 curtail or limit the manufacture of such controlled
1931	1931	11 substance.
1932	1932	12 (w) "Instructional activities" means the acts of teaching,
1933	1933	13 educating or instructing by practitioners using controlled
1934	1934	14 substances within educational facilities approved by the State
1935	1935	15 Board of Education or its successor agency.
1936	1936	16 (x) "Local authorities" means a duly organized State,
1937	1937	17 County or Municipal peace unit or police force.
1938	1938	18 (y) "Look-alike substance" means a substance, other than a
1939	1939	19 controlled substance which (1) by overall dosage unit
1940	1940	20 appearance, including shape, color, size, markings or lack
1941	1941	21 thereof, taste, consistency, or any other identifying physical
1942	1942	22 characteristic of the substance, would lead a reasonable
1943	1943	23 person to believe that the substance is a controlled
1944	1944	24 substance, or (2) is expressly or impliedly represented to be
1945	1945	25 a controlled substance or is distributed under circumstances
1946	1946	26 which would lead a reasonable person to believe that the
1947	1947
1948	1948
1949	1949
1950	1950
1951	1951
1952	1952	HB2306 - 54 - LRB103 05245 AMQ 50263 b
1953	1953
1954	1954
1955	1955	HB2306- 55 -LRB103 05245 AMQ 50263 b HB2306 - 55 - LRB103 05245 AMQ 50263 b
1956	1956	HB2306 - 55 - LRB103 05245 AMQ 50263 b
1957	1957	1 substance is a controlled substance. For the purpose of
1958	1958	2 determining whether the representations made or the
1959	1959	3 circumstances of the distribution would lead a reasonable
1960	1960	4 person to believe the substance to be a controlled substance
1961	1961	5 under this clause (2) of subsection (y), the court or other
1962	1962	6 authority may consider the following factors in addition to
1963	1963	7 any other factor that may be relevant:
1964	1964	8 (a) statements made by the owner or person in control
1965	1965	9 of the substance concerning its nature, use or effect;
1966	1966	10 (b) statements made to the buyer or recipient that the
1967	1967	11 substance may be resold for profit;
1968	1968	12 (c) whether the substance is packaged in a manner
1969	1969	13 normally used for the illegal distribution of controlled
1970	1970	14 substances;
1971	1971	15 (d) whether the distribution or attempted distribution
1972	1972	16 included an exchange of or demand for money or other
1973	1973	17 property as consideration, and whether the amount of the
1974	1974	18 consideration was substantially greater than the
1975	1975	19 reasonable retail market value of the substance.
1976	1976	20 Clause (1) of this subsection (y) shall not apply to a
1977	1977	21 noncontrolled substance in its finished dosage form that was
1978	1978	22 initially introduced into commerce prior to the initial
1979	1979	23 introduction into commerce of a controlled substance in its
1980	1980	24 finished dosage form which it may substantially resemble.
1981	1981	25 Nothing in this subsection (y) prohibits the dispensing or
1982	1982	26 distributing of noncontrolled substances by persons authorized
1983	1983
1984	1984
1985	1985
1986	1986
1987	1987
1988	1988	HB2306 - 55 - LRB103 05245 AMQ 50263 b
1989	1989
1990	1990
1991	1991	HB2306- 56 -LRB103 05245 AMQ 50263 b HB2306 - 56 - LRB103 05245 AMQ 50263 b
1992	1992	HB2306 - 56 - LRB103 05245 AMQ 50263 b
1993	1993	1 to dispense and distribute controlled substances under this
1994	1994	2 Act, provided that such action would be deemed to be carried
1995	1995	3 out in good faith under subsection (u) if the substances
1996	1996	4 involved were controlled substances.
1997	1997	5 Nothing in this subsection (y) or in this Act prohibits
1998	1998	6 the manufacture, preparation, propagation, compounding,
1999	1999	7 processing, packaging, advertising or distribution of a drug
2000	2000	8 or drugs by any person registered pursuant to Section 510 of
2001	2001	9 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
2002	2002	10 (y-1) "Mail-order pharmacy" means a pharmacy that is
2003	2003	11 located in a state of the United States that delivers,
2004	2004	12 dispenses or distributes, through the United States Postal
2005	2005	13 Service or other common carrier, to Illinois residents, any
2006	2006	14 substance which requires a prescription.
2007	2007	15 (z) "Manufacture" means the production, preparation,
2008	2008	16 propagation, compounding, conversion or processing of a
2009	2009	17 controlled substance other than methamphetamine, either
2010	2010	18 directly or indirectly, by extraction from substances of
2011	2011	19 natural origin, or independently by means of chemical
2012	2012	20 synthesis, or by a combination of extraction and chemical
2013	2013	21 synthesis, and includes any packaging or repackaging of the
2014	2014	22 substance or labeling of its container, except that this term
2015	2015	23 does not include:
2016	2016	24 (1) by an ultimate user, the preparation or
2017	2017	25 compounding of a controlled substance for his or her own
2018	2018	26 use;
2019	2019
2020	2020
2021	2021
2022	2022
2023	2023
2024	2024	HB2306 - 56 - LRB103 05245 AMQ 50263 b
2025	2025
2026	2026
2027	2027	HB2306- 57 -LRB103 05245 AMQ 50263 b HB2306 - 57 - LRB103 05245 AMQ 50263 b
2028	2028	HB2306 - 57 - LRB103 05245 AMQ 50263 b
2029	2029	1 (2) by a practitioner, or his or her authorized agent
2030	2030	2 under his or her supervision, the preparation,
2031	2031	3 compounding, packaging, or labeling of a controlled
2032	2032	4 substance:
2033	2033	5 (a) as an incident to his or her administering or
2034	2034	6 dispensing of a controlled substance in the course of
2035	2035	7 his or her professional practice; or
2036	2036	8 (b) as an incident to lawful research, teaching or
2037	2037	9 chemical analysis and not for sale; or
2038	2038	10 (3) the packaging, repackaging, or labeling of drugs
2039	2039	11 only to the extent permitted under the Illinois Drug Reuse
2040	2040	12 Opportunity Program Act.
2041	2041	13 (z-1) (Blank).
2042	2042	14 (z-5) "Medication shopping" means the conduct prohibited
2043	2043	15 under subsection (a) of Section 314.5 of this Act.
2044	2044	16 (z-10) "Mid-level practitioner" means (i) a physician
2045	2045	17 assistant who has been delegated authority to prescribe
2046	2046	18 through a written delegation of authority by a physician
2047	2047	19 licensed to practice medicine in all of its branches, in
2048	2048	20 accordance with Section 7.5 of the Physician Assistant
2049	2049	21 Practice Act of 1987, (ii) an advanced practice registered
2050	2050	22 nurse who has been delegated authority to prescribe through a
2051	2051	23 written delegation of authority by a physician licensed to
2052	2052	24 practice medicine in all of its branches or by a podiatric
2053	2053	25 physician, in accordance with Section 65-40 of the Nurse
2054	2054	26 Practice Act, (iii) an advanced practice registered nurse
2055	2055
2056	2056
2057	2057
2058	2058
2059	2059
2060	2060	HB2306 - 57 - LRB103 05245 AMQ 50263 b
2061	2061
2062	2062
2063	2063	HB2306- 58 -LRB103 05245 AMQ 50263 b HB2306 - 58 - LRB103 05245 AMQ 50263 b
2064	2064	HB2306 - 58 - LRB103 05245 AMQ 50263 b
2065	2065	1 certified as a nurse practitioner, nurse midwife, or clinical
2066	2066	2 nurse specialist who has been granted authority to prescribe
2067	2067	3 by a hospital affiliate in accordance with Section 65-45 of
2068	2068	4 the Nurse Practice Act, (iv) an animal euthanasia agency, or
2069	2069	5 (v) a prescribing psychologist.
2070	2070	6 (aa) "Narcotic drug" means any of the following, whether
2071	2071	7 produced directly or indirectly by extraction from substances
2072	2072	8 of vegetable origin, or independently by means of chemical
2073	2073	9 synthesis, or by a combination of extraction and chemical
2074	2074	10 synthesis:
2075	2075	11 (1) opium, opiates, derivatives of opium and opiates,
2076	2076	12 including their isomers, esters, ethers, salts, and salts
2077	2077	13 of isomers, esters, and ethers, whenever the existence of
2078	2078	14 such isomers, esters, ethers, and salts is possible within
2079	2079	15 the specific chemical designation; however the term
2080	2080	16 "narcotic drug" does not include the isoquinoline
2081	2081	17 alkaloids of opium;
2082	2082	18 (2) (blank);
2083	2083	19 (3) opium poppy and poppy straw;
2084	2084	20 (4) coca leaves, except coca leaves and extracts of
2085	2085	21 coca leaves from which substantially all of the cocaine
2086	2086	22 and ecgonine, and their isomers, derivatives and salts,
2087	2087	23 have been removed;
2088	2088	24 (5) cocaine, its salts, optical and geometric isomers,
2089	2089	25 and salts of isomers;
2090	2090	26 (6) ecgonine, its derivatives, their salts, isomers,
2091	2091
2092	2092
2093	2093
2094	2094
2095	2095
2096	2096	HB2306 - 58 - LRB103 05245 AMQ 50263 b
2097	2097
2098	2098
2099	2099	HB2306- 59 -LRB103 05245 AMQ 50263 b HB2306 - 59 - LRB103 05245 AMQ 50263 b
2100	2100	HB2306 - 59 - LRB103 05245 AMQ 50263 b
2101	2101	1 and salts of isomers;
2102	2102	2 (7) any compound, mixture, or preparation which
2103	2103	3 contains any quantity of any of the substances referred to
2104	2104	4 in subparagraphs (1) through (6).
2105	2105	5 (bb) "Nurse" means a registered nurse licensed under the
2106	2106	6 Nurse Practice Act.
2107	2107	7 (cc) (Blank).
2108	2108	8 (dd) "Opiate" means any substance having an addiction
2109	2109	9 forming or addiction sustaining liability similar to morphine
2110	2110	10 or being capable of conversion into a drug having addiction
2111	2111	11 forming or addiction sustaining liability.
2112	2112	12 (ee) "Opium poppy" means the plant of the species Papaver
2113	2113	13 somniferum L., except its seeds.
2114	2114	14 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
2115	2115	15 solution or other liquid form of medication intended for
2116	2116	16 administration by mouth, but the term does not include a form
2117	2117	17 of medication intended for buccal, sublingual, or transmucosal
2118	2118	18 administration.
2119	2119	19 (ff) "Parole and Pardon Board" means the Parole and Pardon
2120	2120	20 Board of the State of Illinois or its successor agency.
2121	2121	21 (gg) "Person" means any individual, corporation,
2122	2122	22 mail-order pharmacy, government or governmental subdivision or
2123	2123	23 agency, business trust, estate, trust, partnership or
2124	2124	24 association, or any other entity.
2125	2125	25 (hh) "Pharmacist" means any person who holds a license or
2126	2126	26 certificate of registration as a registered pharmacist, a
2127	2127
2128	2128
2129	2129
2130	2130
2131	2131
2132	2132	HB2306 - 59 - LRB103 05245 AMQ 50263 b
2133	2133
2134	2134
2135	2135	HB2306- 60 -LRB103 05245 AMQ 50263 b HB2306 - 60 - LRB103 05245 AMQ 50263 b
2136	2136	HB2306 - 60 - LRB103 05245 AMQ 50263 b
2137	2137	1 local registered pharmacist or a registered assistant
2138	2138	2 pharmacist under the Pharmacy Practice Act.
2139	2139	3 (ii) "Pharmacy" means any store, ship or other place in
2140	2140	4 which pharmacy is authorized to be practiced under the
2141	2141	5 Pharmacy Practice Act.
2142	2142	6 (ii-5) "Pharmacy shopping" means the conduct prohibited
2143	2143	7 under subsection (b) of Section 314.5 of this Act.
2144	2144	8 (ii-10) "Physician" (except when the context otherwise
2145	2145	9 requires) means a person licensed to practice medicine in all
2146	2146	10 of its branches.
2147	2147	11 (jj) "Poppy straw" means all parts, except the seeds, of
2148	2148	12 the opium poppy, after mowing.
2149	2149	13 (kk) "Practitioner" means a physician licensed to practice
2150	2150	14 medicine in all its branches, dentist, optometrist, podiatric
2151	2151	15 physician, veterinarian, scientific investigator, pharmacist,
2152	2152	16 physician assistant, advanced practice registered nurse,
2153	2153	17 licensed practical nurse, registered nurse, emergency medical
2154	2154	18 services personnel, hospital, laboratory, or pharmacy, or
2155	2155	19 other person licensed, registered, or otherwise lawfully
2156	2156	20 permitted by the United States or this State to distribute,
2157	2157	21 dispense, conduct research with respect to, administer or use
2158	2158	22 in teaching or chemical analysis, a controlled substance in
2159	2159	23 the course of professional practice or research.
2160	2160	24 (ll) "Pre-printed prescription" means a written
2161	2161	25 prescription upon which the designated drug has been indicated
2162	2162	26 prior to the time of issuance; the term does not mean a written
2163	2163
2164	2164
2165	2165
2166	2166
2167	2167
2168	2168	HB2306 - 60 - LRB103 05245 AMQ 50263 b
2169	2169
2170	2170
2171	2171	HB2306- 61 -LRB103 05245 AMQ 50263 b HB2306 - 61 - LRB103 05245 AMQ 50263 b
2172	2172	HB2306 - 61 - LRB103 05245 AMQ 50263 b
2173	2173	1 prescription that is individually generated by machine or
2174	2174	2 computer in the prescriber's office.
2175	2175	3 (mm) "Prescriber" means a physician licensed to practice
2176	2176	4 medicine in all its branches, dentist, optometrist,
2177	2177	5 prescribing psychologist licensed under Section 4.2 of the
2178	2178	6 Clinical Psychologist Licensing Act with prescriptive
2179	2179	7 authority delegated under Section 4.3 of the Clinical
2180	2180	8 Psychologist Licensing Act, podiatric physician, or
2181	2181	9 veterinarian who issues a prescription, a physician assistant
2182	2182	10 who issues a prescription for a controlled substance in
2183	2183	11 accordance with Section 303.05, a written delegation, and a
2184	2184	12 written collaborative agreement required under Section 7.5 of
2185	2185	13 the Physician Assistant Practice Act of 1987, an advanced
2186	2186	14 practice registered nurse with prescriptive authority
2187	2187	15 delegated under Section 65-40 of the Nurse Practice Act and in
2188	2188	16 accordance with Section 303.05, a written delegation, and a
2189	2189	17 written collaborative agreement under Section 65-35 of the
2190	2190	18 Nurse Practice Act, an advanced practice registered nurse
2191	2191	19 certified as a nurse practitioner, nurse midwife, or clinical
2192	2192	20 nurse specialist who has been granted authority to prescribe
2193	2193	21 by a hospital affiliate in accordance with Section 65-45 of
2194	2194	22 the Nurse Practice Act and in accordance with Section 303.05,
2195	2195	23 or an advanced practice registered nurse certified as a nurse
2196	2196	24 practitioner, nurse midwife, or clinical nurse specialist who
2197	2197	25 has full practice authority pursuant to Section 65-43 of the
2198	2198	26 Nurse Practice Act.
2199	2199
2200	2200
2201	2201
2202	2202
2203	2203
2204	2204	HB2306 - 61 - LRB103 05245 AMQ 50263 b
2205	2205
2206	2206
2207	2207	HB2306- 62 -LRB103 05245 AMQ 50263 b HB2306 - 62 - LRB103 05245 AMQ 50263 b
2208	2208	HB2306 - 62 - LRB103 05245 AMQ 50263 b
2209	2209	1 (nn) "Prescription" means a written, facsimile, or oral
2210	2210	2 order, or an electronic order that complies with applicable
2211	2211	3 federal requirements, of a physician licensed to practice
2212	2212	4 medicine in all its branches, dentist, podiatric physician or
2213	2213	5 veterinarian for any controlled substance, of an optometrist
2214	2214	6 in accordance with Section 15.1 of the Illinois Optometric
2215	2215	7 Practice Act of 1987, of a prescribing psychologist licensed
2216	2216	8 under Section 4.2 of the Clinical Psychologist Licensing Act
2217	2217	9 with prescriptive authority delegated under Section 4.3 of the
2218	2218	10 Clinical Psychologist Licensing Act, of a physician assistant
2219	2219	11 for a controlled substance in accordance with Section 303.05,
2220	2220	12 a written delegation, and a written collaborative agreement
2221	2221	13 required under Section 7.5 of the Physician Assistant Practice
2222	2222	14 Act of 1987, of an advanced practice registered nurse with
2223	2223	15 prescriptive authority delegated under Section 65-40 of the
2224	2224	16 Nurse Practice Act who issues a prescription for a controlled
2225	2225	17 substance in accordance with Section 303.05, a written
2226	2226	18 delegation, and a written collaborative agreement under
2227	2227	19 Section 65-35 of the Nurse Practice Act, of an advanced
2228	2228	20 practice registered nurse certified as a nurse practitioner,
2229	2229	21 nurse midwife, or clinical nurse specialist who has been
2230	2230	22 granted authority to prescribe by a hospital affiliate in
2231	2231	23 accordance with Section 65-45 of the Nurse Practice Act and in
2232	2232	24 accordance with Section 303.05 when required by law, or of an
2233	2233	25 advanced practice registered nurse certified as a nurse
2234	2234	26 practitioner, nurse midwife, or clinical nurse specialist who
2235	2235
2236	2236
2237	2237
2238	2238
2239	2239
2240	2240	HB2306 - 62 - LRB103 05245 AMQ 50263 b
2241	2241
2242	2242
2243	2243	HB2306- 63 -LRB103 05245 AMQ 50263 b HB2306 - 63 - LRB103 05245 AMQ 50263 b
2244	2244	HB2306 - 63 - LRB103 05245 AMQ 50263 b
2245	2245	1 has full practice authority pursuant to Section 65-43 of the
2246	2246	2 Nurse Practice Act.
2247	2247	3 (nn-5) "Prescription Information Library" (PIL) means an
2248	2248	4 electronic library that contains reported controlled substance
2249	2249	5 data.
2250	2250	6 (nn-10) "Prescription Monitoring Program" (PMP) means the
2251	2251	7 entity that collects, tracks, and stores reported data on
2252	2252	8 controlled substances and select drugs pursuant to Section
2253	2253	9 316.
2254	2254	10 (oo) "Production" or "produce" means manufacture,
2255	2255	11 planting, cultivating, growing, or harvesting of a controlled
2256	2256	12 substance other than methamphetamine.
2257	2257	13 (pp) "Registrant" means every person who is required to
2258	2258	14 register under Section 302 of this Act.
2259	2259	15 (qq) "Registry number" means the number assigned to each
2260	2260	16 person authorized to handle controlled substances under the
2261	2261	17 laws of the United States and of this State.
2262	2262	18 (qq-5) "Secretary" means, as the context requires, either
2263	2263	19 the Secretary of the Department or the Secretary of the
2264	2264	20 Department of Financial and Professional Regulation, and the
2265	2265	21 Secretary's designated agents.
2266	2266	22 (rr) "State" includes the State of Illinois and any state,
2267	2267	23 district, commonwealth, territory, insular possession thereof,
2268	2268	24 and any area subject to the legal authority of the United
2269	2269	25 States of America.
2270	2270	26 (rr-5) "Stimulant" means any drug that (i) causes an
2271	2271
2272	2272
2273	2273
2274	2274
2275	2275
2276	2276	HB2306 - 63 - LRB103 05245 AMQ 50263 b
2277	2277
2278	2278
2279	2279	HB2306- 64 -LRB103 05245 AMQ 50263 b HB2306 - 64 - LRB103 05245 AMQ 50263 b
2280	2280	HB2306 - 64 - LRB103 05245 AMQ 50263 b
2281	2281	1 overall excitation of central nervous system functions, (ii)
2282	2282	2 causes impaired consciousness and awareness, and (iii) can be
2283	2283	3 habit-forming or lead to a substance abuse problem, including,
2284	2284	4 but not limited to, amphetamines and their analogs,
2285	2285	5 methylphenidate and its analogs, cocaine, and phencyclidine
2286	2286	6 and its analogs.
2287	2287	7 (rr-10) "Synthetic drug" includes, but is not limited to,
2288	2288	8 any synthetic cannabinoids or piperazines or any synthetic
2289	2289	9 cathinones as provided for in Schedule I.
2290	2290	10 (ss) "Ultimate user" means a person who lawfully possesses
2291	2291	11 a controlled substance for his or her own use or for the use of
2292	2292	12 a member of his or her household or for administering to an
2293	2293	13 animal owned by him or her or by a member of his or her
2294	2294	14 household.
2295	2295	15 (Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
2296	2296	16 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
2297	2297	17 (720 ILCS 570/303.05)
2298	2298	18 Sec. 303.05. Mid-level practitioner registration.
2299	2299	19 (a) The Department of Financial and Professional
2300	2300	20 Regulation shall register licensed physician assistants,
2301	2301	21 licensed advanced practice registered nurses, and prescribing
2302	2302	22 psychologists licensed under Section 4.2 of the Clinical
2303	2303	23 Psychologist Licensing Act to prescribe and dispense
2304	2304	24 controlled substances under Section 303 and euthanasia
2305	2305	25 agencies to purchase, store, or administer animal euthanasia
2306	2306
2307	2307
2308	2308
2309	2309
2310	2310
2311	2311	HB2306 - 64 - LRB103 05245 AMQ 50263 b
2312	2312
2313	2313
2314	2314	HB2306- 65 -LRB103 05245 AMQ 50263 b HB2306 - 65 - LRB103 05245 AMQ 50263 b
2315	2315	HB2306 - 65 - LRB103 05245 AMQ 50263 b
2316	2316	1 drugs under the following circumstances:
2317	2317	2 (1) with respect to physician assistants,
2318	2318	3 (A) the physician assistant has been delegated
2319	2319	4 written authority to prescribe any Schedule III
2320	2320	5 through V controlled substances by a physician
2321	2321	6 licensed to practice medicine in all its branches in
2322	2322	7 accordance with Section 7.5 of the Physician Assistant
2323	2323	8 Practice Act of 1987; and the physician assistant has
2324	2324	9 completed the appropriate application forms and has
2325	2325	10 paid the required fees as set by rule; or
2326	2326	11 (B) the physician assistant has been delegated
2327	2327	12 authority by a collaborating physician licensed to
2328	2328	13 practice medicine in all its branches to prescribe or
2329	2329	14 dispense Schedule II controlled substances through a
2330	2330	15 written delegation of authority and under the
2331	2331	16 following conditions:
2332	2332	17 (i) Specific Schedule II controlled substances
2333	2333	18 by oral dosage or topical or transdermal
2334	2334	19 application may be delegated, provided that the
2335	2335	20 delegated Schedule II controlled substances are
2336	2336	21 routinely prescribed by the collaborating
2337	2337	22 physician. This delegation must identify the
2338	2338	23 specific Schedule II controlled substances by
2339	2339	24 either brand name or generic name. Schedule II
2340	2340	25 controlled substances to be delivered by injection
2341	2341	26 or other route of administration may not be
2342	2342
2343	2343
2344	2344
2345	2345
2346	2346
2347	2347	HB2306 - 65 - LRB103 05245 AMQ 50263 b
2348	2348
2349	2349
2350	2350	HB2306- 66 -LRB103 05245 AMQ 50263 b HB2306 - 66 - LRB103 05245 AMQ 50263 b
2351	2351	HB2306 - 66 - LRB103 05245 AMQ 50263 b
2352	2352	1 delegated;
2353	2353	2 (ii) any delegation must be of controlled
2354	2354	3 substances prescribed by the collaborating
2355	2355	4 physician;
2356	2356	5 (iii) all prescriptions must be limited to no
2357	2357	6 more than a 30-day supply, with any continuation
2358	2358	7 authorized only after prior approval of the
2359	2359	8 collaborating physician;
2360	2360	9 (iv) the physician assistant must discuss the
2361	2361	10 condition of any patients for whom a controlled
2362	2362	11 substance is prescribed monthly with the
2363	2363	12 delegating physician;
2364	2364	13 (A) (v) the physician assistant must have
2365	2365	14 completed the appropriate application forms and paid
2366	2366	15 the required fees as set by rule;
2367	2367	16 (B) (vi) the physician assistant must provide
2368	2368	17 evidence of satisfactory completion of 45 contact
2369	2369	18 hours in pharmacology from any physician assistant
2370	2370	19 program accredited by the Accreditation Review
2371	2371	20 Commission on Education for the Physician Assistant
2372	2372	21 (ARC-PA), or its predecessor agency, for any new
2373	2373	22 license issued with Schedule II authority after the
2374	2374	23 effective date of this amendatory Act of the 97th
2375	2375	24 General Assembly; and
2376	2376	25 (C) (vii) the physician assistant must annually
2377	2377	26 complete at least 5 hours of continuing education in
2378	2378
2379	2379
2380	2380
2381	2381
2382	2382
2383	2383	HB2306 - 66 - LRB103 05245 AMQ 50263 b
2384	2384
2385	2385
2386	2386	HB2306- 67 -LRB103 05245 AMQ 50263 b HB2306 - 67 - LRB103 05245 AMQ 50263 b
2387	2387	HB2306 - 67 - LRB103 05245 AMQ 50263 b
2388	2388	1 pharmacology;
2389	2389	2 (2) with respect to advanced practice registered
2390	2390	3 nurses who do not meet the requirements of Section 65-43
2391	2391	4 of the Nurse Practice Act,
2392	2392	5 (A) the advanced practice registered nurse has
2393	2393	6 been delegated authority to prescribe any Schedule III
2394	2394	7 through V controlled substances by a collaborating
2395	2395	8 physician licensed to practice medicine in all its
2396	2396	9 branches or a collaborating podiatric physician in
2397	2397	10 accordance with Section 65-40 of the Nurse Practice
2398	2398	11 Act. The advanced practice registered nurse has
2399	2399	12 completed the appropriate application forms and has
2400	2400	13 paid the required fees as set by rule; or
2401	2401	14 (B) the advanced practice registered nurse has
2402	2402	15 been delegated authority by a collaborating physician
2403	2403	16 licensed to practice medicine in all its branches to
2404	2404	17 prescribe or dispense Schedule II controlled
2405	2405	18 substances through a written delegation of authority
2406	2406	19 and under the following conditions:
2407	2407	20 (i) specific Schedule II controlled substances
2408	2408	21 by oral dosage or topical or transdermal
2409	2409	22 application may be delegated, provided that the
2410	2410	23 delegated Schedule II controlled substances are
2411	2411	24 routinely prescribed by the collaborating
2412	2412	25 physician. This delegation must identify the
2413	2413	26 specific Schedule II controlled substances by
2414	2414
2415	2415
2416	2416
2417	2417
2418	2418
2419	2419	HB2306 - 67 - LRB103 05245 AMQ 50263 b
2420	2420
2421	2421
2422	2422	HB2306- 68 -LRB103 05245 AMQ 50263 b HB2306 - 68 - LRB103 05245 AMQ 50263 b
2423	2423	HB2306 - 68 - LRB103 05245 AMQ 50263 b
2424	2424	1 either brand name or generic name. Schedule II
2425	2425	2 controlled substances to be delivered by injection
2426	2426	3 or other route of administration may not be
2427	2427	4 delegated;
2428	2428	5 (ii) any delegation must be of controlled
2429	2429	6 substances prescribed by the collaborating
2430	2430	7 physician;
2431	2431	8 (iii) all prescriptions must be limited to no
2432	2432	9 more than a 30-day supply, with any continuation
2433	2433	10 authorized only after prior approval of the
2434	2434	11 collaborating physician;
2435	2435	12 (iv) the advanced practice registered nurse
2436	2436	13 must discuss the condition of any patients for
2437	2437	14 whom a controlled substance is prescribed monthly
2438	2438	15 with the delegating physician or in the course of
2439	2439	16 review as required by Section 65-40 of the Nurse
2440	2440	17 Practice Act;
2441	2441	18 (v) the advanced practice registered nurse
2442	2442	19 must have completed the appropriate application
2443	2443	20 forms and paid the required fees as set by rule;
2444	2444	21 (vi) the advanced practice registered nurse
2445	2445	22 must provide evidence of satisfactory completion
2446	2446	23 of at least 45 graduate contact hours in
2447	2447	24 pharmacology for any new license issued with
2448	2448	25 Schedule II authority after the effective date of
2449	2449	26 this amendatory Act of the 97th General Assembly;
2450	2450
2451	2451
2452	2452
2453	2453
2454	2454
2455	2455	HB2306 - 68 - LRB103 05245 AMQ 50263 b
2456	2456
2457	2457
2458	2458	HB2306- 69 -LRB103 05245 AMQ 50263 b HB2306 - 69 - LRB103 05245 AMQ 50263 b
2459	2459	HB2306 - 69 - LRB103 05245 AMQ 50263 b
2460	2460	1 and
2461	2461	2 (vii) the advanced practice registered nurse
2462	2462	3 must annually complete 5 hours of continuing
2463	2463	4 education in pharmacology;
2464	2464	5 (2.5) with respect to advanced practice registered
2465	2465	6 nurses certified as nurse practitioners, nurse midwives,
2466	2466	7 or clinical nurse specialists who do not meet the
2467	2467	8 requirements of Section 65-43 of the Nurse Practice Act
2468	2468	9 practicing in a hospital affiliate,
2469	2469	10 (A) the advanced practice registered nurse
2470	2470	11 certified as a nurse practitioner, nurse midwife, or
2471	2471	12 clinical nurse specialist has been privileged to
2472	2472	13 prescribe any Schedule II through V controlled
2473	2473	14 substances by the hospital affiliate upon the
2474	2474	15 recommendation of the appropriate physician committee
2475	2475	16 of the hospital affiliate in accordance with Section
2476	2476	17 65-45 of the Nurse Practice Act, has completed the
2477	2477	18 appropriate application forms, and has paid the
2478	2478	19 required fees as set by rule; and
2479	2479	20 (B) an advanced practice registered nurse
2480	2480	21 certified as a nurse practitioner, nurse midwife, or
2481	2481	22 clinical nurse specialist has been privileged to
2482	2482	23 prescribe any Schedule II controlled substances by the
2483	2483	24 hospital affiliate upon the recommendation of the
2484	2484	25 appropriate physician committee of the hospital
2485	2485	26 affiliate, then the following conditions must be met:
2486	2486
2487	2487
2488	2488
2489	2489
2490	2490
2491	2491	HB2306 - 69 - LRB103 05245 AMQ 50263 b
2492	2492
2493	2493
2494	2494	HB2306- 70 -LRB103 05245 AMQ 50263 b HB2306 - 70 - LRB103 05245 AMQ 50263 b
2495	2495	HB2306 - 70 - LRB103 05245 AMQ 50263 b
2496	2496	1 (i) specific Schedule II controlled substances
2497	2497	2 by oral dosage or topical or transdermal
2498	2498	3 application may be designated, provided that the
2499	2499	4 designated Schedule II controlled substances are
2500	2500	5 routinely prescribed by advanced practice
2501	2501	6 registered nurses in their area of certification;
2502	2502	7 the privileging documents must identify the
2503	2503	8 specific Schedule II controlled substances by
2504	2504	9 either brand name or generic name; privileges to
2505	2505	10 prescribe or dispense Schedule II controlled
2506	2506	11 substances to be delivered by injection or other
2507	2507	12 route of administration may not be granted;
2508	2508	13 (ii) any privileges must be controlled
2509	2509	14 substances limited to the practice of the advanced
2510	2510	15 practice registered nurse;
2511	2511	16 (iii) any prescription must be limited to no
2512	2512	17 more than a 30-day supply;
2513	2513	18 (iv) the advanced practice registered nurse
2514	2514	19 must discuss the condition of any patients for
2515	2515	20 whom a controlled substance is prescribed monthly
2516	2516	21 with the appropriate physician committee of the
2517	2517	22 hospital affiliate or its physician designee; and
2518	2518	23 (v) the advanced practice registered nurse
2519	2519	24 must meet the education requirements of this
2520	2520	25 Section;
2521	2521	26 (3) with respect to animal euthanasia agencies, the
2522	2522
2523	2523
2524	2524
2525	2525
2526	2526
2527	2527	HB2306 - 70 - LRB103 05245 AMQ 50263 b
2528	2528
2529	2529
2530	2530	HB2306- 71 -LRB103 05245 AMQ 50263 b HB2306 - 71 - LRB103 05245 AMQ 50263 b
2531	2531	HB2306 - 71 - LRB103 05245 AMQ 50263 b
2532	2532	1 euthanasia agency has obtained a license from the
2533	2533	2 Department of Financial and Professional Regulation and
2534	2534	3 obtained a registration number from the Department; or
2535	2535	4 (4) with respect to prescribing psychologists, the
2536	2536	5 prescribing psychologist has been delegated authority to
2537	2537	6 prescribe any nonnarcotic Schedule III through V
2538	2538	7 controlled substances by a collaborating physician
2539	2539	8 licensed to practice medicine in all its branches in
2540	2540	9 accordance with Section 4.3 of the Clinical Psychologist
2541	2541	10 Licensing Act, and the prescribing psychologist has
2542	2542	11 completed the appropriate application forms and has paid
2543	2543	12 the required fees as set by rule.
2544	2544	13 (b) The mid-level practitioner shall only be licensed to
2545	2545	14 prescribe those schedules of controlled substances for which a
2546	2546	15 licensed physician has delegated prescriptive authority,
2547	2547	16 except that an animal euthanasia agency does not have any
2548	2548	17 prescriptive authority and except that a physician assistant
2549	2549	18 shall have prescriptive authority in accordance with the
2550	2550	19 Physician Assistant Practice Act of 1987. An A physician
2551	2551	20 assistant and an advanced practice registered nurse is are
2552	2552	21 prohibited from prescribing medications and controlled
2553	2553	22 substances not set forth in the required written delegation of
2554	2554	23 authority or as authorized by their practice Act.
2555	2555	24 (c) Upon completion of all registration requirements,
2556	2556	25 physician assistants, advanced practice registered nurses, and
2557	2557	26 animal euthanasia agencies may be issued a mid-level
2558	2558
2559	2559
2560	2560
2561	2561
2562	2562
2563	2563	HB2306 - 71 - LRB103 05245 AMQ 50263 b
2564	2564
2565	2565
2566	2566	HB2306- 72 -LRB103 05245 AMQ 50263 b HB2306 - 72 - LRB103 05245 AMQ 50263 b
2567	2567	HB2306 - 72 - LRB103 05245 AMQ 50263 b
2568	2568	1 practitioner controlled substances license for Illinois.
2569	2569	2 (d) A collaborating physician may, but is not required to,
2570	2570	3 delegate prescriptive authority to an advanced practice
2571	2571	4 registered nurse as part of a written collaborative agreement,
2572	2572	5 and the delegation of prescriptive authority shall conform to
2573	2573	6 the requirements of Section 65-40 of the Nurse Practice Act.
2574	2574	7 (e) (Blank). A collaborating physician may, but is not
2575	2575	8 required to, delegate prescriptive authority to a physician
2576	2576	9 assistant as part of a written collaborative agreement, and
2577	2577	10 the delegation of prescriptive authority shall conform to the
2578	2578	11 requirements of Section 7.5 of the Physician Assistant
2579	2579	12 Practice Act of 1987.
2580	2580	13 (f) Nothing in this Section shall be construed to prohibit
2581	2581	14 generic substitution.
2582	2582	15 (Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
2583	2583	16 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
2584	2584	HB2306- 73 -LRB103 05245 AMQ 50263 b 1 INDEX 2 Statutes amended in order of appearance HB2306- 73 -LRB103 05245 AMQ 50263 b HB2306 - 73 - LRB103 05245 AMQ 50263 b 1 INDEX 2 Statutes amended in order of appearance
2585	2585	HB2306- 73 -LRB103 05245 AMQ 50263 b HB2306 - 73 - LRB103 05245 AMQ 50263 b
2586	2586	HB2306 - 73 - LRB103 05245 AMQ 50263 b
2587	2587	1 INDEX
2588	2588	2 Statutes amended in order of appearance
2589	2589
2590	2590
2591	2591
2592	2592
2593	2593
2594	2594	HB2306 - 72 - LRB103 05245 AMQ 50263 b
2595	2595
2596	2596
2597	2597
2598	2598	HB2306- 73 -LRB103 05245 AMQ 50263 b HB2306 - 73 - LRB103 05245 AMQ 50263 b
2599	2599	HB2306 - 73 - LRB103 05245 AMQ 50263 b
2600	2600	1 INDEX
2601	2601	2 Statutes amended in order of appearance
2602	2602
2603	2603
2604	2604
2605	2605
2606	2606
2607	2607	HB2306 - 73 - LRB103 05245 AMQ 50263 b