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
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2306 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
See Index 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.
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A BILL FOR
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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Physician Assistant Practice Act of 1987 is
5 amended by changing Sections 4, 5.5, 6, 7, 7.5, 7.7, 17, 21,
6 22.2, 22.3, 22.5, 22.6, 22.7, 22.8, 22.9, and 22.10 and by
7 adding Sections 7.8 and 7.9 as follows:
8 (225 ILCS 95/4) (from Ch. 111, par. 4604)
9 (Section scheduled to be repealed on January 1, 2028)
10 Sec. 4. Definitions. In this Act:
11 1. "Department" means the Department of Financial and
12 Professional Regulation.
13 2. "Secretary" means the Secretary of Financial and
14 Professional Regulation.
15 3. "Physician assistant" means any person not holding an
16 active license or permit issued by the Department pursuant to
17 the Medical Practice Act of 1987 who has been certified as a
18 physician assistant by the National Commission on the
19 Certification of Physician Assistants or equivalent successor
20 agency. and performs procedures in collaboration with a
21 physician as defined in this Act. A physician assistant may
22 perform such procedures within the specialty of the
23 collaborating physician, except that such physician shall
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2306 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
See Index 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.
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A BILL FOR
See Index
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1 exercise such direction, collaboration, and control over such
2 physician assistants as will assure that patients shall
3 receive quality medical care. Physician assistants shall be
4 capable of performing a variety of tasks within the specialty
5 of medical care in collaboration with a physician.
6 Collaboration with the physician assistant shall not be
7 construed to necessarily require the personal presence of the
8 collaborating physician at all times at the place where
9 services are rendered, as long as there is communication
10 available for consultation by radio, telephone or
11 telecommunications within established guidelines as determined
12 by the physician/physician assistant team. The collaborating
13 physician may delegate tasks and duties to the physician
14 assistant. Delegated tasks or duties shall be consistent with
15 physician assistant education, training, and experience. The
16 delegated tasks or duties shall be specific to the practice
17 setting and shall be implemented and reviewed under a written
18 collaborative agreement established by the physician or
19 physician/physician assistant team. A physician assistant,
20 acting as an agent of the physician, shall be permitted to
21 transmit the collaborating physician's orders as determined by
22 the institution's by-laws, policies, procedures, or job
23 description within which the physician/physician assistant
24 team practices. Physician assistants shall practice only in
25 accordance with a written collaborative agreement.
26 Any person who holds an active license or permit issued
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1 pursuant to the Medical Practice Act of 1987 shall have that
2 license automatically placed into inactive status upon
3 issuance of a physician assistant license. Any person who
4 holds an active license as a physician assistant who is issued
5 a license or permit pursuant to the Medical Practice Act of
6 1987 shall have his or her physician assistant license
7 automatically placed into inactive status.
8 3.5. "Physician assistant practice" means the performance
9 of any legal medical service for which the physician assistant
10 has been prepared by the physician assistant's education,
11 training, and experience and is competent to perform as
12 determined by the practice through employment agreement or
13 credentialing and privileging systems of licensed facilities.
14 Medical and surgical services provided by physician assistants
15 include, but are not limited to:
16 (A) obtaining and performing comprehensive health
17 histories and physical examinations;
18 (B) evaluating, diagnosing, managing, and providing
19 medical treatment;
20 (C) ordering, performing, and interpreting diagnostic
21 studies and therapeutic procedures;
22 (D) educating patients on health promotion and disease
23 prevention;
24 (E) providing consultation upon request;
25 (F) writing medical orders;
26 (G) prescribing, dispensing, ordering, administering,
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1 and procuring drugs and medical devices; and
2 (H) assisting in surgery. procedures within the
3 specialty of the collaborating physician. Physician
4 assistants shall be capable of performing a variety of
5 tasks within the specialty of medical care of the
6 collaborating physician. Collaboration with the physician
7 assistant shall not be construed to necessarily require
8 the personal presence of the collaborating physician at
9 all times at the place where services are rendered, as
10 long as there is communication available for consultation
11 by radio, telephone, telecommunications, or electronic
12 communications. The collaborating physician may delegate
13 tasks and duties to the physician assistant. Delegated
14 tasks or duties shall be consistent with physician
15 assistant education, training, and experience. The
16 delegated tasks or duties shall be specific to the
17 practice setting and shall be implemented and reviewed
18 under a written collaborative agreement established by the
19 physician or physician/physician assistant team. A
20 physician assistant shall be permitted to transmit the
21 collaborating physician's orders as determined by the
22 institution's bylaws, policies, or procedures or the job
23 description within which the physician/physician assistant
24 team practices. Physician assistants shall practice only
25 in accordance with a written collaborative agreement,
26 except as provided in Section 7.5 of this Act.
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1 4. "Board" means the Illinois State Medical Board Medical
2 Licensing Board constituted under the Medical Practice Act of
3 1987.
4 5. (Blank). "Disciplinary Board" means the Medical
5 Disciplinary Board constituted under the Medical Practice Act
6 of 1987.
7 6. "Physician" means a person licensed to practice
8 medicine in all of its branches under the Medical Practice Act
9 of 1987.
10 7. "Collaborating physician" means the physician who,
11 within his or her specialty and expertise, may delegate a
12 variety of tasks and procedures to the physician assistant.
13 Such tasks and procedures shall be delegated in accordance
14 with a written collaborative agreement when such agreement is
15 required under this Act.
16 8. (Blank).
17 9. "Address of record" means the designated address
18 recorded by the Department in the applicant's or licensee's
19 application file or license file maintained by the
20 Department's licensure maintenance unit.
21 10. "Hospital affiliate" means a corporation, partnership,
22 joint venture, limited liability company, or similar
23 organization, other than a hospital, that is devoted primarily
24 to the provision, management, or support of health care
25 services and that directly or indirectly controls, is
26 controlled by, or is under common control of the hospital. For
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1 the purposes of this definition, "control" means having at
2 least an equal or a majority ownership or membership interest.
3 A hospital affiliate shall be 100% owned or controlled by any
4 combination of hospitals, their parent corporations, or
5 physicians licensed to practice medicine in all its branches
6 in Illinois. "Hospital affiliate" does not include a health
7 maintenance organization regulated under the Health
8 Maintenance Organization Act.
9 11. "Email address of record" means the designated email
10 address recorded by the Department in the applicant's
11 application file or the licensee's license file, as maintained
12 by the Department's licensure maintenance unit.
13 (Source: P.A. 99-330, eff. 1-1-16; 100-453, eff. 8-25-17.)
14 (225 ILCS 95/5.5)
15 (Section scheduled to be repealed on January 1, 2028)
16 Sec. 5.5. Billing. A physician assistant may shall not be
17 allowed to personally bill patients and or in any way charge
18 for services. The employer of a physician assistant may bill
19 and charge for services rendered by the physician assistant.
20 All claims for services rendered by the physician assistant
21 shall be submitted using the physician assistant's national
22 provider identification number as the rendering provider, with
23 the exception of when optional billing provisions, such as
24 incident to, split, or shared visit billing, are being used
25 whenever appropriate. Payment for services rendered by a
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1 physician assistant shall be made to his or her employer if the
2 payor would have made payment had the services been provided
3 by a physician licensed to provide medicine in all of its
4 branches.
5 (Source: P.A. 100-453, eff. 8-25-17; 100-559, eff. 12-8-17.)
6 (225 ILCS 95/6) (from Ch. 111, par. 4606)
7 (Section scheduled to be repealed on January 1, 2028)
8 Sec. 6. Physician assistant title.
9 (a) No physician assistant shall use the title of doctor
10 or , physician, or associate with his or her name or any other
11 term that would indicate to other persons that he or she is
12 qualified to engage in the general practice of medicine.
13 (b) A physician assistant shall verbally identify himself
14 or herself as a physician assistant, including specialty
15 certification, when applicable, to each patient.
16 (c) Nothing in this Act shall be construed to relieve a
17 physician assistant of the professional or legal
18 responsibility for the care and treatment of persons attended
19 by him or her.
20 (d) (Blank). The collaborating physician shall file with
21 the Department notice of employment, discharge, or
22 collaboration with a physician assistant within 60 days of
23 employment, discharge, or assumption of collaboration with a
24 physician assistant. Nothing in this Section shall prevent a
25 physician assistant from beginning his or her employment
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1 before the notice of employment or collaboration has been
2 filed.
3 (Source: P.A. 102-735, eff. 1-1-23.)
4 (225 ILCS 95/7) (from Ch. 111, par. 4607)
5 (Section scheduled to be repealed on January 1, 2028)
6 Sec. 7. Collaboration requirements.
7 (a) A written collaborative agreement is required for all
8 physician assistants engaged in clinical practice prior to
9 meeting the requirements of Section 7.9, except for physician
10 assistants who practice in a hospital, hospital affiliate, or
11 ambulatory surgical treatment center as provided in Section
12 7.7.
13 (b) A collaborating physician shall determine the number
14 of physician assistants to collaborate with, provided the
15 physician is able to provide adequate collaboration as
16 outlined in the written collaborative agreement required under
17 Section 7.5 of this Act and consideration is given to the
18 nature of the physician's practice, complexity of the patient
19 population, and the experience of each physician assistant. A
20 collaborating physician may collaborate with a maximum of 7
21 full-time equivalent physician assistants as described in
22 Section 54.5 of the Medical Practice Act of 1987. As used in
23 this Section, "full-time equivalent" means the equivalent of
24 40 hours per week per individual. Physicians and physician
25 assistants who work in a hospital, hospital affiliate, or
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1 ambulatory surgical treatment center as defined by Section 7.7
2 of this Act are exempt from the collaborative ratio
3 restriction requirements of this Section. A physician
4 assistant shall be able to hold more than one professional
5 position. A collaborating physician shall file a notice of
6 collaboration of each physician assistant according to the
7 rules of the Department.
8 (c) A physician assistant shall be able to hold more than
9 one professional position.
10 (d) Physician assistants shall collaborate only with
11 physicians as defined in this Act who are engaged in clinical
12 practice, or in clinical practice in public health or other
13 community health facilities.
14 (e) Nothing in this Act shall be construed to limit the
15 delegation of tasks or duties by a physician to a nurse or
16 other appropriately trained personnel.
17 (f) Nothing in this Act shall be construed to prohibit the
18 employment of physician assistants by a hospital, nursing home
19 or other health care facility where such physician assistants
20 function with under a collaborating physician.
21 (g) A physician assistant may be employed by a practice
22 group or other entity employing multiple physicians at one or
23 more locations. In that case, one of the physicians practicing
24 at a location shall be designated the collaborating physician.
25 The other physicians with that practice group or other entity
26 who practice in the same general type of practice or specialty
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1 as the collaborating physician may collaborate with the
2 physician assistant with respect to their patients.
3 (h) (b) A physician assistant licensed in this State, or
4 licensed or authorized to practice in any other U.S.
5 jurisdiction or credentialed by his or her federal employer as
6 a physician assistant, who is responding to a need for medical
7 care created by an emergency or by a state or local disaster
8 may render such care that the physician assistant is able to
9 provide without collaboration as it is defined in this Section
10 or with such collaboration as is available.
11 (i) Any physician who collaborates with a physician
12 assistant providing medical care in response to such an
13 emergency or state or local disaster shall not be required to
14 meet the requirements set forth in this Section for a
15 collaborating physician.
16 (Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19.)
17 (225 ILCS 95/7.5)
18 (Section scheduled to be repealed on January 1, 2028)
19 Sec. 7.5. Written collaborative agreements; prescriptive
20 authority.
21 (a) A written collaborative agreement is required for all
22 physician assistants to practice in the State, except as
23 provided in Section 7.7 and Section 7.9 of this Act. When a
24 written collaborative agreement is required under this Act,
25 the following shall apply:
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1 (1) A written collaborative agreement shall describe
2 the working relationship of the physician assistant with
3 the collaborating physician and shall describe the
4 categories of care, treatment, or procedures to be
5 provided by the physician assistant. The written
6 collaborative agreement shall promote the exercise of
7 professional judgment by the physician assistant
8 commensurate with his or her education and experience. The
9 services to be provided by the physician assistant shall
10 be services that the collaborating physician is authorized
11 to and generally provides to his or her patients in the
12 normal course of his or her clinical medical practice. The
13 written collaborative agreement need not describe the
14 exact steps that a physician assistant must take with
15 respect to each specific condition, disease, or symptom
16 but must specify which authorized procedures require the
17 presence of the collaborating physician as the procedures
18 are being performed. The relationship under a written
19 collaborative agreement shall not be construed to require
20 the personal presence of a physician at the place where
21 services are rendered. Methods of communication shall be
22 available for consultation with the collaborating
23 physician in person or by telecommunications or electronic
24 communications as set forth in the written collaborative
25 agreement. For the purposes of this Act, "generally
26 provides to his or her patients in the normal course of his
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1 or her clinical medical practice" means services, not
2 specific tasks or duties, the collaborating physician
3 routinely provides individually or through delegation to
4 other persons so that the physician has the experience and
5 ability to collaborate and provide consultation.
6 (2) (Blank). The written collaborative agreement shall
7 be adequate if a physician does each of the following:
8 (A) Participates in the joint formulation and
9 joint approval of orders or guidelines with the
10 physician assistant and he or she periodically reviews
11 such orders and the services provided patients under
12 such orders in accordance with accepted standards of
13 medical practice and physician assistant practice.
14 (B) Provides consultation at least once a month.
15 (3) A copy of the signed, written collaborative
16 agreement must be available to the Department upon request
17 from both the physician assistant and the collaborating
18 physician.
19 (4) A physician assistant shall inform each
20 collaborating physician of all written collaborative
21 agreements he or she has signed and provide a copy of these
22 to any collaborating physician upon request.
23 (b) To prescribe Schedule II, III, IV, or V controlled
24 substances under this Section, a physician assistant must
25 obtain a mid-level practitioner controlled substances license.
26 A collaborating physician may, but is not required to,
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1 delegate prescriptive authority to a physician assistant as
2 part of a written collaborative agreement. This authority may,
3 but is not required to, include prescription of, selection of,
4 orders for, administration of, storage of, acceptance of
5 samples of, and dispensing medical devices, over the counter
6 medications, legend drugs, medical gases, and controlled
7 substances categorized as Schedule II through V controlled
8 substances, as defined in Article II of the Illinois
9 Controlled Substances Act, and other preparations, including,
10 but not limited to, botanical and herbal remedies. The
11 collaborating physician must have a valid, current Illinois
12 controlled substance license and federal registration with the
13 Drug Enforcement Administration to delegate the authority to
14 prescribe controlled substances.
15 (1) To prescribe Schedule II, III, IV, or V controlled
16 substances under this Section, a physician assistant must
17 obtain a mid-level practitioner controlled substances
18 license. Medication orders issued by a physician assistant
19 shall be reviewed periodically by the collaborating
20 physician.
21 (2) The collaborating physician shall file with the
22 Department notice of delegation of prescriptive authority
23 to a physician assistant and termination of delegation,
24 specifying the authority delegated or terminated. Upon
25 receipt of this notice delegating authority to prescribe
26 controlled substances, the physician assistant shall be
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1 eligible to register for a mid-level practitioner
2 controlled substances license under Section 303.05 of the
3 Illinois Controlled Substances Act. Nothing in this Act
4 shall be construed to limit the delegation of tasks or
5 duties by the collaborating physician to a nurse or other
6 appropriately trained persons in accordance with Section
7 54.2 of the Medical Practice Act of 1987.
8 (3) In addition to the requirements of this subsection
9 (b), a collaborating physician may, but is not required
10 to, delegate authority to a physician assistant to
11 prescribe Schedule II controlled substances, if all of the
12 following conditions apply:
13 (A) Specific Schedule II controlled substances by
14 oral dosage or topical or transdermal application may
15 be delegated, provided that the delegated Schedule II
16 controlled substances are routinely prescribed by the
17 collaborating physician. This delegation must identify
18 the specific Schedule II controlled substances by
19 either brand name or generic name. Schedule II
20 controlled substances to be delivered by injection or
21 other route of administration may not be delegated.
22 (B) (Blank).
23 (C) Any prescription must be limited to no more
24 than a 30-day supply, with any continuation authorized
25 only after prior approval of the collaborating
26 physician.
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1 (D) The physician assistant must discuss the
2 condition of any patients for whom a controlled
3 substance is prescribed monthly with the collaborating
4 physician.
5 (E) The physician assistant meets the education
6 requirements of Section 303.05 of the Illinois
7 Controlled Substances Act.
8 (c) Nothing in this Act shall be construed to limit the
9 delegation of tasks or duties by a physician to a licensed
10 practical nurse, a registered professional nurse, or other
11 persons. Nothing in this Act shall be construed to limit the
12 method of delegation that may be authorized by any means,
13 including, but not limited to, oral, written, electronic,
14 standing orders, protocols, guidelines, or verbal orders.
15 Nothing in this Act shall be construed to authorize a
16 physician assistant to provide health care services required
17 by law or rule to be performed by a physician. Nothing in this
18 Act shall be construed to authorize the delegation or
19 performance of operative surgery. Nothing in this Section
20 shall be construed to preclude a physician assistant from
21 assisting in surgery.
22 (c-5) Nothing in this Section shall be construed to apply
23 to any medication authority, including Schedule II controlled
24 substances of a licensed physician assistant for care provided
25 in a hospital, hospital affiliate, or ambulatory surgical
26 treatment center pursuant to Section 7.7 of this Act or to a
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1 physician assistant meeting the requirements of Section 7.9 of
2 this Act.
3 (d) (Blank).
4 (e) Nothing in this Section shall be construed to prohibit
5 generic substitution.
6 (f) Delegation of prescriptive authority by a physician is
7 not required under this Section.
8 (Source: P.A. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21.)
9 (225 ILCS 95/7.7)
10 (Section scheduled to be repealed on January 1, 2028)
11 Sec. 7.7. Physician assistants in hospitals, hospital
12 affiliates, or ambulatory surgical treatment centers.
13 (a) A physician assistant may provide services in a
14 hospital as defined in the Hospital Licensing Act, a hospital
15 affiliate as defined in the University of Illinois Hospital
16 Act, or a licensed ambulatory surgical treatment center as
17 defined in the Ambulatory Surgical Treatment Center Act
18 without a written collaborative agreement pursuant to Section
19 7.5 of this Act. A physician assistant must possess clinical
20 privileges recommended by the hospital medical staff and
21 granted by the hospital or the consulting medical staff
22 committee and ambulatory surgical treatment center in order to
23 provide services. The medical staff or consulting medical
24 staff committee shall periodically review the services of
25 physician assistants granted clinical privileges, including
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1 any care provided in a hospital affiliate. A physician
2 assistant practicing under this Section shall have the
3 authority to prescribe, select, order, and administer
4 medications, including controlled substances. Authority may
5 also be granted when recommended by the hospital medical staff
6 and granted by the hospital or recommended by the consulting
7 medical staff committee and ambulatory surgical treatment
8 center to individual physician assistants to select, order,
9 and administer medications, including controlled substances,
10 to provide delineated care. In a hospital, hospital affiliate,
11 or ambulatory surgical treatment center, the attending
12 physician shall determine a physician assistant's role in
13 providing care for his or her patients, except as otherwise
14 provided in the medical staff bylaws or consulting committee
15 policies.
16 (a-5) Physician assistants practicing in a hospital
17 affiliate shall have the authority may be, but are not
18 required to be, granted authority to prescribe Schedule II
19 through V controlled substances when such authority is
20 recommended by the appropriate physician committee of the
21 hospital affiliate and granted by the hospital affiliate. This
22 authority includes may, but is not required to, include
23 prescription of, selection of, orders for, administration of,
24 storage of, acceptance of samples of, and dispensing
25 over-the-counter medications, legend drugs, medical gases, and
26 controlled substances categorized as Schedule II through V
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1 controlled substances, as defined in Article II of the
2 Illinois Controlled Substances Act, and other preparations,
3 including, but not limited to, botanical and herbal remedies.
4 To prescribe controlled substances under this subsection
5 (a-5), a physician assistant must obtain a mid-level
6 practitioner controlled substance license. Medication orders
7 shall be reviewed periodically by the appropriate hospital
8 affiliate physicians committee or its physician designee.
9 The hospital affiliate shall file with the Department
10 notice of a grant of prescriptive authority consistent with
11 this subsection (a-5) and termination of such a grant of
12 authority in accordance with rules of the Department. Upon
13 receipt of this notice of grant of authority to prescribe any
14 Schedule II through V controlled substances, the licensed
15 physician assistant may register for a mid-level practitioner
16 controlled substance license under Section 303.05 of the
17 Illinois Controlled Substances Act.
18 In addition, a hospital affiliate may, but is not required
19 to, grant authority to a physician assistant to prescribe any
20 Schedule II controlled substances if all of the following
21 conditions apply:
22 (1) specific Schedule II controlled substances by oral
23 dosage or topical or transdermal application may be
24 designated, provided that the designated Schedule II
25 controlled substances are routinely prescribed by
26 physician assistants in their area of certification; this
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1 grant of authority must identify the specific Schedule II
2 controlled substances by either brand name or generic
3 name; authority to prescribe or dispense Schedule II
4 controlled substances to be delivered by injection or
5 other route of administration may not be granted;
6 (2) any grant of authority must be controlled
7 substances limited to the practice of the physician
8 assistant;
9 (3) any prescription must be limited to no more than a
10 30-day supply;
11 (4) the physician assistant must discuss the condition
12 of any patients for whom a controlled substance is
13 prescribed monthly with the appropriate physician
14 committee of the hospital affiliate or its physician
15 designee; and
16 (5) the physician assistant must meet the education
17 requirements of Section 303.05 of the Illinois Controlled
18 Substances Act.
19 (b) A physician assistant granted authority to order
20 medications including controlled substances may complete
21 discharge prescriptions provided the prescription is in the
22 name of the physician assistant and the attending or
23 discharging physician.
24 (c) Physician assistants practicing in a hospital,
25 hospital affiliate, or an ambulatory surgical treatment center
26 are not required to obtain a mid-level controlled substance
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1 license to order controlled substances under Section 303.05 of
2 the Illinois Controlled Substances Act.
3 (d) Delegation of prescriptive authority by a physician is
4 not required under this Section.
5 (Source: P.A. 100-453, eff. 8-25-17.)
6 (225 ILCS 95/7.8 new)
7 Sec. 7.8. Prescriptive authority. A physician assistant
8 shall be deemed by law to possess the ability to prescribe,
9 dispense, order, administer, and procure drugs and medical
10 devices without delegation of such authority by a physician.
11 Such ability shall include prescribing Schedule II, III, IV,
12 and V controlled substances. To prescribe Schedule II, III,
13 IV, or V controlled substances under this Act, a physician
14 assistant shall obtain a mid-level practitioner controlled
15 substances license. When a written collaborative agreement is
16 required under this Act, delegation of prescriptive authority
17 by a physician is not required.
18 (225 ILCS 95/7.9 new)
19 Sec. 7.9. Optimal practice authority.
20 (a) A physician assistant shall be deemed by law to
21 possess the ability to practice without a written
22 collaborative agreement as set forth in this Section.
23 (b) A physician assistant who files with the Department a
24 notarized attestation of completion of at least 250 hours of
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1 continuing education or training and at least 2,000 hours of
2 clinical experience after first attaining national
3 certification shall not require a written collaborative
4 agreement. Documentation of successful completion shall be
5 provided to the Department upon request.
6 (c) The scope of practice of a physician assistant with
7 optimal practice authority includes:
8 (1) all matters included in subsection (3.5) of
9 Section 4 of this Act;
10 (2) practicing without a written collaborative
11 agreement in all practice settings consistent with this
12 Act;
13 (3) authority to prescribe both legend drugs and
14 Schedule II through V controlled substances; this
15 authority includes prescription of, selection of, orders
16 for, administration of, storage of, acceptance of samples
17 of, and dispensing over-the-counter medications, legend
18 drugs, and controlled substances categorized as any
19 Schedule II through V controlled substances, as defined in
20 Article II of the Illinois Controlled Substances Act, and
21 other preparations, including, but not limited to,
22 botanical and herbal remedies; and
23 (4) authority to obtain a controlled substances
24 license in the State and a federal Drug Enforcement
25 Administration number.
26 The scope of practice of a physician assistant does not
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1 include operative surgery. Nothing in this Section shall be
2 construed to preclude a physician assistant from assisting in
3 surgery or performing other procedures as privileged by the
4 physician assistant's employer.
5 (d) The Department may adopt rules necessary to administer
6 this Section, including, but not limited to, requiring the
7 completion of forms and the payment of fees.
8 (e) Nothing in this Act shall be construed to authorize a
9 physician assistant with optimal practice authority to provide
10 health care services required by law or rule to be performed by
11 a physician.
12 (225 ILCS 95/17) (from Ch. 111, par. 4617)
13 (Section scheduled to be repealed on January 1, 2028)
14 Sec. 17. Inactive status. Any physician assistant who
15 notified the Department in writing on forms prescribed by the
16 Department, may elect to place his or her license on an
17 inactive status and shall, subject to rules of the Department,
18 be excused from payment of renewal fees until he or she
19 notifies the Department in writing of his or her intention to
20 restore the license. Any person who holds an active license or
21 permit issued pursuant to the Medical Practice Act of 1987
22 shall have that license automatically placed into inactive
23 status upon issuance of a physician assistant license. Any
24 person who holds an active license as a physician assistant
25 who is issued a license or permit pursuant to the Medical
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1 Practice Act of 1987 shall have the physician assistant
2 license automatically placed into inactive status.
3 Any physician assistant requesting restoration from
4 inactive status shall be required to pay the current renewal
5 fee and shall be required to restore his or her license, as
6 provided in Section 16 of this Act.
7 Any physician assistant whose license is in an inactive
8 status shall not practice in the State of Illinois.
9 Any licensee who shall engage in practice while his or her
10 license is lapsed or on inactive status shall be considered to
11 be practicing without a license, which shall be grounds for
12 discipline under Section 21 of this Act.
13 (Source: P.A. 90-61, eff. 12-30-97.)
14 (225 ILCS 95/21) (from Ch. 111, par. 4621)
15 (Section scheduled to be repealed on January 1, 2028)
16 Sec. 21. Grounds for disciplinary action.
17 (a) The Department may refuse to issue or to renew, or may
18 revoke, suspend, place on probation, reprimand, or take other
19 disciplinary or non-disciplinary action with regard to any
20 license issued under this Act as the Department may deem
21 proper, including the issuance of fines not to exceed $10,000
22 for each violation, for any one or combination of the
23 following causes:
24 (1) Material misstatement in furnishing information to
25 the Department.
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1 (2) Violations of this Act, or the rules adopted under
2 this Act.
3 (3) Conviction by plea of guilty or nolo contendere,
4 finding of guilt, jury verdict, or entry of judgment or
5 sentencing, including, but not limited to, convictions,
6 preceding sentences of supervision, conditional discharge,
7 or first offender probation, under the laws of any
8 jurisdiction of the United States that is: (i) a felony;
9 or (ii) a misdemeanor, an essential element of which is
10 dishonesty, or that is directly related to the practice of
11 the profession.
12 (4) Making any misrepresentation for the purpose of
13 obtaining licenses.
14 (5) Professional incompetence.
15 (6) Aiding or assisting another person in violating
16 any provision of this Act or its rules.
17 (7) Failing, within 60 days, to provide information in
18 response to a written request made by the Department.
19 (8) Engaging in dishonorable, unethical, or
20 unprofessional conduct, as defined by rule, of a character
21 likely to deceive, defraud, or harm the public.
22 (9) Habitual or excessive use or addiction to alcohol,
23 narcotics, stimulants, or any other chemical agent or drug
24 that results in a physician assistant's inability to
25 practice with reasonable judgment, skill, or safety.
26 (10) Discipline by another U.S. jurisdiction or
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1 foreign nation, if at least one of the grounds for
2 discipline is the same or substantially equivalent to
3 those set forth in this Section.
4 (11) Directly or indirectly giving to or receiving
5 from any person, firm, corporation, partnership, or
6 association any fee, commission, rebate or other form of
7 compensation for any professional services not actually or
8 personally rendered. Nothing in this paragraph (11)
9 affects any bona fide independent contractor or employment
10 arrangements, which may include provisions for
11 compensation, health insurance, pension, or other
12 employment benefits, with persons or entities authorized
13 under this Act for the provision of services within the
14 scope of the licensee's practice under this Act.
15 (12) A finding by the Disciplinary Board that the
16 licensee, after having his or her license placed on
17 probationary status has violated the terms of probation.
18 (13) Abandonment of a patient.
19 (14) Willfully making or filing false records or
20 reports in his or her practice, including but not limited
21 to false records filed with state agencies or departments.
22 (15) Willfully failing to report an instance of
23 suspected child abuse or neglect as required by the Abused
24 and Neglected Child Reporting Act.
25 (16) Physical illness, or mental illness or impairment
26 that results in the inability to practice the profession
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1 with reasonable judgment, skill, or safety, including, but
2 not limited to, deterioration through the aging process or
3 loss of motor skill.
4 (17) Being named as a perpetrator in an indicated
5 report by the Department of Children and Family Services
6 under the Abused and Neglected Child Reporting Act, and
7 upon proof by clear and convincing evidence that the
8 licensee has caused a child to be an abused child or
9 neglected child as defined in the Abused and Neglected
10 Child Reporting Act.
11 (18) (Blank).
12 (19) Gross negligence resulting in permanent injury or
13 death of a patient.
14 (20) Employment of fraud, deception or any unlawful
15 means in applying for or securing a license as a physician
16 assistant.
17 (21) Exceeding the authority delegated to him or her
18 by his or her collaborating physician in a written
19 collaborative agreement when such agreement is required
20 under this Act.
21 (22) Immoral conduct in the commission of any act,
22 such as sexual abuse, sexual misconduct, or sexual
23 exploitation related to the licensee's practice.
24 (23) Violation of the Health Care Worker Self-Referral
25 Act.
26 (24) Practicing under a false or assumed name, except
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1 as provided by law.
2 (25) Making a false or misleading statement regarding
3 his or her skill or the efficacy or value of the medicine,
4 treatment, or remedy prescribed by him or her in the
5 course of treatment.
6 (26) Allowing another person to use his or her license
7 to practice.
8 (27) Prescribing, selling, administering,
9 distributing, giving, or self-administering a drug
10 classified as a controlled substance for other than
11 medically accepted therapeutic purposes.
12 (28) Promotion of the sale of drugs, devices,
13 appliances, or goods provided for a patient in a manner to
14 exploit the patient for financial gain.
15 (29) A pattern of practice or other behavior that
16 demonstrates incapacity or incompetence to practice under
17 this Act.
18 (30) Violating State or federal laws or regulations
19 relating to controlled substances or other legend drugs or
20 ephedra as defined in the Ephedra Prohibition Act.
21 (31) (Blank). Exceeding the prescriptive authority
22 delegated by the collaborating physician or violating the
23 written collaborative agreement delegating that authority.
24 (32) (Blank). Practicing without providing to the
25 Department a notice of collaboration or delegation of
26 prescriptive authority.
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1 (33) Failure to establish and maintain records of
2 patient care and treatment as required by law.
3 (34) Attempting to subvert or cheat on the examination
4 of the National Commission on Certification of Physician
5 Assistants or its successor agency.
6 (35) Willfully or negligently violating the
7 confidentiality between physician assistant and patient,
8 except as required by law.
9 (36) Willfully failing to report an instance of
10 suspected abuse, neglect, financial exploitation, or
11 self-neglect of an eligible adult as defined in and
12 required by the Adult Protective Services Act.
13 (37) Being named as an abuser in a verified report by
14 the Department on Aging under the Adult Protective
15 Services Act and upon proof by clear and convincing
16 evidence that the licensee abused, neglected, or
17 financially exploited an eligible adult as defined in the
18 Adult Protective Services Act.
19 (38) Failure to report to the Department an adverse
20 final action taken against him or her by another licensing
21 jurisdiction of the United States or a foreign state or
22 country, a peer review body, a health care institution, a
23 professional society or association, a governmental
24 agency, a law enforcement agency, or a court acts or
25 conduct similar to acts or conduct that would constitute
26 grounds for action under this Section.
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1 (39) Failure to provide copies of records of patient
2 care or treatment, except as required by law.
3 (40) (Blank). Entering into an excessive number of
4 written collaborative agreements with licensed physicians
5 resulting in an inability to adequately collaborate.
6 (41) (Blank). Repeated failure to adequately
7 collaborate with a collaborating physician.
8 (42) Violating the Compassionate Use of Medical
9 Cannabis Program Act.
10 (b) The Department may, without a hearing, refuse to issue
11 or renew or may suspend the license of any person who fails to
12 file a return, or to pay the tax, penalty or interest shown in
13 a filed return, or to pay any final assessment of the tax,
14 penalty, or interest as required by any tax Act administered
15 by the Illinois Department of Revenue, until such time as the
16 requirements of any such tax Act are satisfied.
17 (c) The determination by a circuit court that a licensee
18 is subject to involuntary admission or judicial admission as
19 provided in the Mental Health and Developmental Disabilities
20 Code operates as an automatic suspension. The suspension will
21 end only upon a finding by a court that the patient is no
22 longer subject to involuntary admission or judicial admission
23 and issues an order so finding and discharging the patient,
24 and upon the recommendation of the Disciplinary Board to the
25 Secretary that the licensee be allowed to resume his or her
26 practice.
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1 (d) In enforcing this Section, the Department upon a
2 showing of a possible violation may compel an individual
3 licensed to practice under this Act, or who has applied for
4 licensure under this Act, to submit to a mental or physical
5 examination, or both, which may include a substance abuse or
6 sexual offender evaluation, as required by and at the expense
7 of the Department.
8 The Department shall specifically designate the examining
9 physician licensed to practice medicine in all of its branches
10 or, if applicable, the multidisciplinary team involved in
11 providing the mental or physical examination or both. The
12 multidisciplinary team shall be led by a physician licensed to
13 practice medicine in all of its branches and may consist of one
14 or more or a combination of physicians licensed to practice
15 medicine in all of its branches, licensed clinical
16 psychologists, licensed clinical social workers, licensed
17 clinical professional counselors, and other professional and
18 administrative staff. Any examining physician or member of the
19 multidisciplinary team may require any person ordered to
20 submit to an examination pursuant to this Section to submit to
21 any additional supplemental testing deemed necessary to
22 complete any examination or evaluation process, including, but
23 not limited to, blood testing, urinalysis, psychological
24 testing, or neuropsychological testing.
25 The Department may order the examining physician or any
26 member of the multidisciplinary team to provide to the
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1 Department any and all records, including business records,
2 that relate to the examination and evaluation, including any
3 supplemental testing performed.
4 The Department may order the examining physician or any
5 member of the multidisciplinary team to present testimony
6 concerning the mental or physical examination of the licensee
7 or applicant. No information, report, record, or other
8 documents in any way related to the examination shall be
9 excluded by reason of any common law or statutory privilege
10 relating to communications between the licensee or applicant
11 and the examining physician or any member of the
12 multidisciplinary team. No authorization is necessary from the
13 licensee or applicant ordered to undergo an examination for
14 the examining physician or any member of the multidisciplinary
15 team to provide information, reports, records, or other
16 documents or to provide any testimony regarding the
17 examination and evaluation.
18 The individual to be examined may have, at his or her own
19 expense, another physician of his or her choice present during
20 all aspects of this examination. However, that physician shall
21 be present only to observe and may not interfere in any way
22 with the examination.
23 Failure of an individual to submit to a mental or physical
24 examination, when ordered, shall result in an automatic
25 suspension of his or her license until the individual submits
26 to the examination.
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1 If the Department finds an individual unable to practice
2 because of the reasons set forth in this Section, the
3 Department may require that individual to submit to care,
4 counseling, or treatment by physicians approved or designated
5 by the Department, as a condition, term, or restriction for
6 continued, reinstated, or renewed licensure to practice; or,
7 in lieu of care, counseling, or treatment, the Department may
8 file a complaint to immediately suspend, revoke, or otherwise
9 discipline the license of the individual. An individual whose
10 license was granted, continued, reinstated, renewed,
11 disciplined, or supervised subject to such terms, conditions,
12 or restrictions, and who fails to comply with such terms,
13 conditions, or restrictions, shall be referred to the
14 Secretary for a determination as to whether the individual
15 shall have his or her license suspended immediately, pending a
16 hearing by the Department.
17 In instances in which the Secretary immediately suspends a
18 person's license under this Section, a hearing on that
19 person's license must be convened by the Department within 30
20 days after the suspension and completed without appreciable
21 delay. The Department shall have the authority to review the
22 subject individual's record of treatment and counseling
23 regarding the impairment to the extent permitted by applicable
24 federal statutes and regulations safeguarding the
25 confidentiality of medical records.
26 An individual licensed under this Act and affected under
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1 this Section shall be afforded an opportunity to demonstrate
2 to the Department that he or she can resume practice in
3 compliance with acceptable and prevailing standards under the
4 provisions of his or her license.
5 (e) An individual or organization acting in good faith,
6 and not in a willful and wanton manner, in complying with this
7 Section by providing a report or other information to the
8 Board, by assisting in the investigation or preparation of a
9 report or information, by participating in proceedings of the
10 Board, or by serving as a member of the Board, shall not be
11 subject to criminal prosecution or civil damages as a result
12 of such actions.
13 (f) Members of the Board and the Disciplinary Board shall
14 be indemnified by the State for any actions occurring within
15 the scope of services on the Disciplinary Board or Board, done
16 in good faith and not willful and wanton in nature. The
17 Attorney General shall defend all such actions unless he or
18 she determines either that there would be a conflict of
19 interest in such representation or that the actions complained
20 of were not in good faith or were willful and wanton.
21 If the Attorney General declines representation, the
22 member has the right to employ counsel of his or her choice,
23 whose fees shall be provided by the State, after approval by
24 the Attorney General, unless there is a determination by a
25 court that the member's actions were not in good faith or were
26 willful and wanton.
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1 The member must notify the Attorney General within 7 days
2 after receipt of notice of the initiation of any action
3 involving services of the Disciplinary Board. Failure to so
4 notify the Attorney General constitutes an absolute waiver of
5 the right to a defense and indemnification.
6 The Attorney General shall determine, within 7 days after
7 receiving such notice, whether he or she will undertake to
8 represent the member.
9 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
10 (225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
11 (Section scheduled to be repealed on January 1, 2028)
12 Sec. 22.2. Investigation; notice; hearing. The Department
13 may investigate the actions of any applicant or of any person
14 or persons holding or claiming to hold a license. The
15 Department shall, before suspending, revoking, placing on
16 probationary status, or taking any other disciplinary action
17 as the Department may deem proper with regard to any license,
18 at least 30 days prior to the date set for the hearing, notify
19 the applicant or licensee in writing of any charges made and
20 the time and place for a hearing of the charges before the
21 Disciplinary Board, direct him or her to file his or her
22 written answer thereto to the Disciplinary Board under oath
23 within 20 days after the service on him or her of such notice
24 and inform him or her that if he or she fails to file such
25 answer default will be taken against him or her and his or her
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1 license may be suspended, revoked, placed on probationary
2 status, or have other disciplinary action, including limiting
3 the scope, nature or extent of his or her practice, as the
4 Department may deem proper taken with regard thereto. Written
5 or electronic notice may be served by personal delivery,
6 email, or mail to the applicant or licensee at his or her
7 address of record or email address of record. At the time and
8 place fixed in the notice, the Department shall proceed to
9 hear the charges and the parties or their counsel shall be
10 accorded ample opportunity to present such statements,
11 testimony, evidence, and argument as may be pertinent to the
12 charges or to the defense thereto. The Department may continue
13 such hearing from time to time. In case the applicant or
14 licensee, after receiving notice, fails to file an answer, his
15 or her license may in the discretion of the Secretary, having
16 received first the recommendation of the Disciplinary Board,
17 be suspended, revoked, placed on probationary status, or the
18 Secretary may take whatever disciplinary action as he or she
19 may deem proper, including limiting the scope, nature, or
20 extent of such person's practice, without a hearing, if the
21 act or acts charged constitute sufficient grounds for such
22 action under this Act.
23 (Source: P.A. 100-453, eff. 8-25-17.)
24 (225 ILCS 95/22.3) (from Ch. 111, par. 4622.3)
25 (Section scheduled to be repealed on January 1, 2028)
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1 Sec. 22.3. The Department, at its expense, shall preserve
2 a record of all proceedings at the formal hearing of any case
3 involving the refusal to issue, renew or discipline of a
4 license. The notice of hearing, complaint and all other
5 documents in the nature of pleadings and written motions filed
6 in the proceedings, the transcript of testimony, the report of
7 the Disciplinary Board or hearing officer and orders of the
8 Department shall be the record of such proceeding.
9 (Source: P.A. 85-981.)
10 (225 ILCS 95/22.5) (from Ch. 111, par. 4622.5)
11 (Section scheduled to be repealed on January 1, 2028)
12 Sec. 22.5. Subpoena power; oaths. The Department shall
13 have power to subpoena and bring before it any person and to
14 take testimony either orally or by deposition or both, with
15 the same fees and mileage and in the same manner as prescribed
16 by law in judicial proceedings in civil cases in circuit
17 courts of this State.
18 The Secretary, the designated hearing officer, and any
19 member of the Disciplinary Board designated by the Secretary
20 shall each have power to administer oaths to witnesses at any
21 hearing which the Department is authorized to conduct under
22 this Act and any other oaths required or authorized to be
23 administered by the Department under this Act.
24 (Source: P.A. 95-703, eff. 12-31-07.)
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1 (225 ILCS 95/22.6) (from Ch. 111, par. 4622.6)
2 (Section scheduled to be repealed on January 1, 2028)
3 Sec. 22.6. At the conclusion of the hearing, the
4 Disciplinary Board shall present to the Secretary a written
5 report of its findings of fact, conclusions of law, and
6 recommendations. The report shall contain a finding whether or
7 not the accused person violated this Act or failed to comply
8 with the conditions required in this Act. The Disciplinary
9 Board shall specify the nature of the violation or failure to
10 comply, and shall make its recommendations to the Secretary.
11 The report of findings of fact, conclusions of law, and
12 recommendation of the Disciplinary Board shall be the basis
13 for the Department's order or refusal or for the granting of a
14 license or permit. If the Secretary disagrees in any regard
15 with the report of the Disciplinary Board, the Secretary may
16 issue an order in contravention thereof. The finding is not
17 admissible in evidence against the person in a criminal
18 prosecution brought for the violation of this Act, but the
19 hearing and finding are not a bar to a criminal prosecution
20 brought for the violation of this Act.
21 (Source: P.A. 100-453, eff. 8-25-17.)
22 (225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
23 (Section scheduled to be repealed on January 1, 2028)
24 Sec. 22.7. Hearing officer. Notwithstanding the provisions
25 of Section 22.2 of this Act, the Secretary shall have the
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1 authority to appoint any attorney duly licensed to practice
2 law in the State of Illinois to serve as the hearing officer in
3 any action for refusal to issue or renew, or for discipline of,
4 a license. The hearing officer shall have full authority to
5 conduct the hearing. The hearing officer shall report his or
6 her findings of fact, conclusions of law, and recommendations
7 to the Disciplinary Board and the Secretary. The Disciplinary
8 Board shall have 60 days from receipt of the report to review
9 the report of the hearing officer and present their findings
10 of fact, conclusions of law, and recommendations to the
11 Secretary. If the Disciplinary Board fails to present its
12 report within the 60-day period, the respondent may request in
13 writing a direct appeal to the Secretary, in which case the
14 Secretary may issue an order based upon the report of the
15 hearing officer and the record of the proceedings or issue an
16 order remanding the matter back to the hearing officer for
17 additional proceedings in accordance with the order.
18 Notwithstanding any other provision of this Section, if the
19 Secretary, upon review, determines that substantial justice
20 has not been done in the revocation, suspension, or refusal to
21 issue or renew a license or other disciplinary action taken as
22 the result of the entry of the hearing officer's report, the
23 Secretary may order a rehearing by the same or other
24 examiners. If the Secretary disagrees in any regard with the
25 report of the Disciplinary Board or hearing officer, he or she
26 may issue an order in contravention thereof.
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1 (Source: P.A. 100-453, eff. 8-25-17.)
2 (225 ILCS 95/22.8) (from Ch. 111, par. 4622.8)
3 (Section scheduled to be repealed on January 1, 2028)
4 Sec. 22.8. In any case involving the refusal to issue,
5 renew or discipline of a license, a copy of the Disciplinary
6 Board's report shall be served upon the respondent by the
7 Department, either personally or as provided in this Act for
8 the service of the notice of hearing. Within 20 days after such
9 service, the respondent may present to the Department a motion
10 in writing for a rehearing, which motion shall specify the
11 particular grounds therefor. If no motion for rehearing is
12 filed, then upon the expiration of the time specified for
13 filing such a motion, or if a motion for rehearing is denied,
14 then upon such denial the Secretary may enter an order in
15 accordance with recommendations of the Disciplinary Board
16 except as provided in Section 22.6 or 22.7 of this Act. If the
17 respondent shall order from the reporting service, and pay for
18 a transcript of the record within the time for filing a motion
19 for rehearing, the 20 day period within which such a motion may
20 be filed shall commence upon the delivery of the transcript to
21 the respondent.
22 (Source: P.A. 95-703, eff. 12-31-07.)
23 (225 ILCS 95/22.9) (from Ch. 111, par. 4622.9)
24 (Section scheduled to be repealed on January 1, 2028)
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1 Sec. 22.9. Whenever the Secretary is satisfied that
2 substantial justice has not been done in the revocation,
3 suspension or refusal to issue or renew a license, the
4 Secretary may order a rehearing by the same or another hearing
5 officer or Disciplinary Board.
6 (Source: P.A. 95-703, eff. 12-31-07.)
7 (225 ILCS 95/22.10) (from Ch. 111, par. 4622.10)
8 (Section scheduled to be repealed on January 1, 2028)
9 Sec. 22.10. Order or certified copy; prima facie proof. An
10 order or a certified copy thereof, over the seal of the
11 Department and purporting to be signed by the Secretary, shall
12 be prima facie proof that:
13 (a) the signature is the genuine signature of the
14 Secretary;
15 (b) the Secretary is duly appointed and qualified; and
16 (c) the Disciplinary Board and the members thereof are
17 qualified to act.
18 (Source: P.A. 95-703, eff. 12-31-07.)
19 Section 10. The Illinois Controlled Substances Act is
20 amended by changing Sections 102 and 303.05 as follows:
21 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
22 Sec. 102. Definitions. As used in this Act, unless the
23 context otherwise requires:
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1 (a) "Addict" means any person who habitually uses any
2 drug, chemical, substance or dangerous drug other than alcohol
3 so as to endanger the public morals, health, safety or welfare
4 or who is so far addicted to the use of a dangerous drug or
5 controlled substance other than alcohol as to have lost the
6 power of self control with reference to his or her addiction.
7 (b) "Administer" means the direct application of a
8 controlled substance, whether by injection, inhalation,
9 ingestion, or any other means, to the body of a patient,
10 research subject, or animal (as defined by the Humane
11 Euthanasia in Animal Shelters Act) by:
12 (1) a practitioner (or, in his or her presence, by his
13 or her authorized agent),
14 (2) the patient or research subject pursuant to an
15 order, or
16 (3) a euthanasia technician as defined by the Humane
17 Euthanasia in Animal Shelters Act.
18 (c) "Agent" means an authorized person who acts on behalf
19 of or at the direction of a manufacturer, distributor,
20 dispenser, prescriber, or practitioner. It does not include a
21 common or contract carrier, public warehouseman or employee of
22 the carrier or warehouseman.
23 (c-1) "Anabolic Steroids" means any drug or hormonal
24 substance, chemically and pharmacologically related to
25 testosterone (other than estrogens, progestins,
26 corticosteroids, and dehydroepiandrosterone), and includes:
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1 (i) 3[beta],17-dihydroxy-5a-androstane,
2 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
3 (iii) 5[alpha]-androstan-3,17-dione,
4 (iv) 1-androstenediol (3[beta],
5 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
6 (v) 1-androstenediol (3[alpha],
7 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
8 (vi) 4-androstenediol
9 (3[beta],17[beta]-dihydroxy-androst-4-ene),
10 (vii) 5-androstenediol
11 (3[beta],17[beta]-dihydroxy-androst-5-ene),
12 (viii) 1-androstenedione
13 ([5alpha]-androst-1-en-3,17-dione),
14 (ix) 4-androstenedione
15 (androst-4-en-3,17-dione),
16 (x) 5-androstenedione
17 (androst-5-en-3,17-dione),
18 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
19 hydroxyandrost-4-en-3-one),
20 (xii) boldenone (17[beta]-hydroxyandrost-
21 1,4,-diene-3-one),
22 (xiii) boldione (androsta-1,4-
23 diene-3,17-dione),
24 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17
25 [beta]-hydroxyandrost-4-en-3-one),
26 (xv) clostebol (4-chloro-17[beta]-
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1 hydroxyandrost-4-en-3-one),
2 (xvi) dehydrochloromethyltestosterone (4-chloro-
3 17[beta]-hydroxy-17[alpha]-methyl-
4 androst-1,4-dien-3-one),
5 (xvii) desoxymethyltestosterone
6 (17[alpha]-methyl-5[alpha]
7 -androst-2-en-17[beta]-ol)(a.k.a., madol),
8 (xviii) [delta]1-dihydrotestosterone (a.k.a.
9 '1-testosterone') (17[beta]-hydroxy-
10 5[alpha]-androst-1-en-3-one),
11 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-
12 androstan-3-one),
13 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
14 5[alpha]-androstan-3-one),
15 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
16 hydroxyestr-4-ene),
17 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
18 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
19 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
20 17[beta]-dihydroxyandrost-1,4-dien-3-one),
21 (xxiv) furazabol (17[alpha]-methyl-17[beta]-
22 hydroxyandrostano[2,3-c]-furazan),
23 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
24 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
25 androst-4-en-3-one),
26 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
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1 dihydroxy-estr-4-en-3-one),
2 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-
3 hydroxy-5-androstan-3-one),
4 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-
5 [5a]-androstan-3-one),
6 (xxx) methandienone (17[alpha]-methyl-17[beta]-
7 hydroxyandrost-1,4-dien-3-one),
8 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
9 dihydroxyandrost-5-ene),
10 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-
11 5[alpha]-androst-1-en-3-one),
12 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
13 dihydroxy-5a-androstane,
14 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
15 -5a-androstane,
16 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-
17 dihydroxyandrost-4-ene),
18 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
19 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
20 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
21 hydroxyestra-4,9(10)-dien-3-one),
22 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
23 hydroxyestra-4,9-11-trien-3-one),
24 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
25 hydroxyandrost-4-en-3-one),
26 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
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1 hydroxyestr-4-en-3-one),
2 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
3 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
4 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
5 1-testosterone'),
6 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
7 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
8 dihydroxyestr-4-ene),
9 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
10 dihydroxyestr-4-ene),
11 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
12 dihydroxyestr-5-ene),
13 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
14 dihydroxyestr-5-ene),
15 (xlvii) 19-nor-4,9(10)-androstadienedione
16 (estra-4,9(10)-diene-3,17-dione),
17 (xlviii) 19-nor-4-androstenedione (estr-4-
18 en-3,17-dione),
19 (xlix) 19-nor-5-androstenedione (estr-5-
20 en-3,17-dione),
21 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-
22 hydroxygon-4-en-3-one),
23 (li) norclostebol (4-chloro-17[beta]-
24 hydroxyestr-4-en-3-one),
25 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-
26 hydroxyestr-4-en-3-one),
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1 (liii) normethandrolone (17[alpha]-methyl-17[beta]-
2 hydroxyestr-4-en-3-one),
3 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
4 2-oxa-5[alpha]-androstan-3-one),
5 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
6 dihydroxyandrost-4-en-3-one),
7 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
8 17[beta]-hydroxy-(5[alpha]-androstan-3-one),
9 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
10 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),
11 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-
12 (5[alpha]-androst-1-en-3-one),
13 (lix) testolactone (13-hydroxy-3-oxo-13,17-
14 secoandrosta-1,4-dien-17-oic
15 acid lactone),
16 (lx) testosterone (17[beta]-hydroxyandrost-
17 4-en-3-one),
18 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
19 diethyl-17[beta]-hydroxygon-
20 4,9,11-trien-3-one),
21 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,
22 11-trien-3-one).
23 Any person who is otherwise lawfully in possession of an
24 anabolic steroid, or who otherwise lawfully manufactures,
25 distributes, dispenses, delivers, or possesses with intent to
26 deliver an anabolic steroid, which anabolic steroid is
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1 expressly intended for and lawfully allowed to be administered
2 through implants to livestock or other nonhuman species, and
3 which is approved by the Secretary of Health and Human
4 Services for such administration, and which the person intends
5 to administer or have administered through such implants,
6 shall not be considered to be in unauthorized possession or to
7 unlawfully manufacture, distribute, dispense, deliver, or
8 possess with intent to deliver such anabolic steroid for
9 purposes of this Act.
10 (d) "Administration" means the Drug Enforcement
11 Administration, United States Department of Justice, or its
12 successor agency.
13 (d-5) "Clinical Director, Prescription Monitoring Program"
14 means a Department of Human Services administrative employee
15 licensed to either prescribe or dispense controlled substances
16 who shall run the clinical aspects of the Department of Human
17 Services Prescription Monitoring Program and its Prescription
18 Information Library.
19 (d-10) "Compounding" means the preparation and mixing of
20 components, excluding flavorings, (1) as the result of a
21 prescriber's prescription drug order or initiative based on
22 the prescriber-patient-pharmacist relationship in the course
23 of professional practice or (2) for the purpose of, or
24 incident to, research, teaching, or chemical analysis and not
25 for sale or dispensing. "Compounding" includes the preparation
26 of drugs or devices in anticipation of receiving prescription
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1 drug orders based on routine, regularly observed dispensing
2 patterns. Commercially available products may be compounded
3 for dispensing to individual patients only if both of the
4 following conditions are met: (i) the commercial product is
5 not reasonably available from normal distribution channels in
6 a timely manner to meet the patient's needs and (ii) the
7 prescribing practitioner has requested that the drug be
8 compounded.
9 (e) "Control" means to add a drug or other substance, or
10 immediate precursor, to a Schedule whether by transfer from
11 another Schedule or otherwise.
12 (f) "Controlled Substance" means (i) a drug, substance,
13 immediate precursor, or synthetic drug in the Schedules of
14 Article II of this Act or (ii) a drug or other substance, or
15 immediate precursor, designated as a controlled substance by
16 the Department through administrative rule. The term does not
17 include distilled spirits, wine, malt beverages, or tobacco,
18 as those terms are defined or used in the Liquor Control Act of
19 1934 and the Tobacco Products Tax Act of 1995.
20 (f-5) "Controlled substance analog" means a substance:
21 (1) the chemical structure of which is substantially
22 similar to the chemical structure of a controlled
23 substance in Schedule I or II;
24 (2) which has a stimulant, depressant, or
25 hallucinogenic effect on the central nervous system that
26 is substantially similar to or greater than the stimulant,
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1 depressant, or hallucinogenic effect on the central
2 nervous system of a controlled substance in Schedule I or
3 II; or
4 (3) with respect to a particular person, which such
5 person represents or intends to have a stimulant,
6 depressant, or hallucinogenic effect on the central
7 nervous system that is substantially similar to or greater
8 than the stimulant, depressant, or hallucinogenic effect
9 on the central nervous system of a controlled substance in
10 Schedule I or II.
11 (g) "Counterfeit substance" means a controlled substance,
12 which, or the container or labeling of which, without
13 authorization bears the trademark, trade name, or other
14 identifying mark, imprint, number or device, or any likeness
15 thereof, of a manufacturer, distributor, or dispenser other
16 than the person who in fact manufactured, distributed, or
17 dispensed the substance.
18 (h) "Deliver" or "delivery" means the actual, constructive
19 or attempted transfer of possession of a controlled substance,
20 with or without consideration, whether or not there is an
21 agency relationship. "Deliver" or "delivery" does not include
22 the donation of drugs to the extent permitted under the
23 Illinois Drug Reuse Opportunity Program Act.
24 (i) "Department" means the Illinois Department of Human
25 Services (as successor to the Department of Alcoholism and
26 Substance Abuse) or its successor agency.
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1 (j) (Blank).
2 (k) "Department of Corrections" means the Department of
3 Corrections of the State of Illinois or its successor agency.
4 (l) "Department of Financial and Professional Regulation"
5 means the Department of Financial and Professional Regulation
6 of the State of Illinois or its successor agency.
7 (m) "Depressant" means any drug that (i) causes an overall
8 depression of central nervous system functions, (ii) causes
9 impaired consciousness and awareness, and (iii) can be
10 habit-forming or lead to a substance abuse problem, including,
11 but not limited to, alcohol, cannabis and its active
12 principles and their analogs, benzodiazepines and their
13 analogs, barbiturates and their analogs, opioids (natural and
14 synthetic) and their analogs, and chloral hydrate and similar
15 sedative hypnotics.
16 (n) (Blank).
17 (o) "Director" means the Director of the Illinois State
18 Police or his or her designated agents.
19 (p) "Dispense" means to deliver a controlled substance to
20 an ultimate user or research subject by or pursuant to the
21 lawful order of a prescriber, including the prescribing,
22 administering, packaging, labeling, or compounding necessary
23 to prepare the substance for that delivery.
24 (q) "Dispenser" means a practitioner who dispenses.
25 (r) "Distribute" means to deliver, other than by
26 administering or dispensing, a controlled substance.
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1 (s) "Distributor" means a person who distributes.
2 (t) "Drug" means (1) substances recognized as drugs in the
3 official United States Pharmacopoeia, Official Homeopathic
4 Pharmacopoeia of the United States, or official National
5 Formulary, or any supplement to any of them; (2) substances
6 intended for use in diagnosis, cure, mitigation, treatment, or
7 prevention of disease in man or animals; (3) substances (other
8 than food) intended to affect the structure of any function of
9 the body of man or animals and (4) substances intended for use
10 as a component of any article specified in clause (1), (2), or
11 (3) of this subsection. It does not include devices or their
12 components, parts, or accessories.
13 (t-3) "Electronic health record" or "EHR" means an
14 electronic record of health-related information on an
15 individual that is created, gathered, managed, and consulted
16 by authorized health care clinicians and staff.
17 (t-3.5) "Electronic health record system" or "EHR system"
18 means any computer-based system or combination of federally
19 certified Health IT Modules (defined at 42 CFR 170.102 or its
20 successor) used as a repository for electronic health records
21 and accessed or updated by a prescriber or authorized
22 surrogate in the ordinary course of his or her medical
23 practice. For purposes of connecting to the Prescription
24 Information Library maintained by the Bureau of Pharmacy and
25 Clinical Support Systems or its successor, an EHR system may
26 connect to the Prescription Information Library directly or
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1 through all or part of a computer program or system that is a
2 federally certified Health IT Module maintained by a third
3 party and used by the EHR system to secure access to the
4 database.
5 (t-4) "Emergency medical services personnel" has the
6 meaning ascribed to it in the Emergency Medical Services (EMS)
7 Systems Act.
8 (t-5) "Euthanasia agency" means an entity certified by the
9 Department of Financial and Professional Regulation for the
10 purpose of animal euthanasia that holds an animal control
11 facility license or animal shelter license under the Animal
12 Welfare Act. A euthanasia agency is authorized to purchase,
13 store, possess, and utilize Schedule II nonnarcotic and
14 Schedule III nonnarcotic drugs for the sole purpose of animal
15 euthanasia.
16 (t-10) "Euthanasia drugs" means Schedule II or Schedule
17 III substances (nonnarcotic controlled substances) that are
18 used by a euthanasia agency for the purpose of animal
19 euthanasia.
20 (u) "Good faith" means the prescribing or dispensing of a
21 controlled substance by a practitioner in the regular course
22 of professional treatment to or for any person who is under his
23 or her treatment for a pathology or condition other than that
24 individual's physical or psychological dependence upon or
25 addiction to a controlled substance, except as provided
26 herein: and application of the term to a pharmacist shall mean
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1 the dispensing of a controlled substance pursuant to the
2 prescriber's order which in the professional judgment of the
3 pharmacist is lawful. The pharmacist shall be guided by
4 accepted professional standards, including, but not limited
5 to, the following, in making the judgment:
6 (1) lack of consistency of prescriber-patient
7 relationship,
8 (2) frequency of prescriptions for same drug by one
9 prescriber for large numbers of patients,
10 (3) quantities beyond those normally prescribed,
11 (4) unusual dosages (recognizing that there may be
12 clinical circumstances where more or less than the usual
13 dose may be used legitimately),
14 (5) unusual geographic distances between patient,
15 pharmacist and prescriber,
16 (6) consistent prescribing of habit-forming drugs.
17 (u-0.5) "Hallucinogen" means a drug that causes markedly
18 altered sensory perception leading to hallucinations of any
19 type.
20 (u-1) "Home infusion services" means services provided by
21 a pharmacy in compounding solutions for direct administration
22 to a patient in a private residence, long-term care facility,
23 or hospice setting by means of parenteral, intravenous,
24 intramuscular, subcutaneous, or intraspinal infusion.
25 (u-5) "Illinois State Police" means the Illinois State
26 Police or its successor agency.
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1 (v) "Immediate precursor" means a substance:
2 (1) which the Department has found to be and by rule
3 designated as being a principal compound used, or produced
4 primarily for use, in the manufacture of a controlled
5 substance;
6 (2) which is an immediate chemical intermediary used
7 or likely to be used in the manufacture of such controlled
8 substance; and
9 (3) the control of which is necessary to prevent,
10 curtail or limit the manufacture of such controlled
11 substance.
12 (w) "Instructional activities" means the acts of teaching,
13 educating or instructing by practitioners using controlled
14 substances within educational facilities approved by the State
15 Board of Education or its successor agency.
16 (x) "Local authorities" means a duly organized State,
17 County or Municipal peace unit or police force.
18 (y) "Look-alike substance" means a substance, other than a
19 controlled substance which (1) by overall dosage unit
20 appearance, including shape, color, size, markings or lack
21 thereof, taste, consistency, or any other identifying physical
22 characteristic of the substance, would lead a reasonable
23 person to believe that the substance is a controlled
24 substance, or (2) is expressly or impliedly represented to be
25 a controlled substance or is distributed under circumstances
26 which would lead a reasonable person to believe that the
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1 substance is a controlled substance. For the purpose of
2 determining whether the representations made or the
3 circumstances of the distribution would lead a reasonable
4 person to believe the substance to be a controlled substance
5 under this clause (2) of subsection (y), the court or other
6 authority may consider the following factors in addition to
7 any other factor that may be relevant:
8 (a) statements made by the owner or person in control
9 of the substance concerning its nature, use or effect;
10 (b) statements made to the buyer or recipient that the
11 substance may be resold for profit;
12 (c) whether the substance is packaged in a manner
13 normally used for the illegal distribution of controlled
14 substances;
15 (d) whether the distribution or attempted distribution
16 included an exchange of or demand for money or other
17 property as consideration, and whether the amount of the
18 consideration was substantially greater than the
19 reasonable retail market value of the substance.
20 Clause (1) of this subsection (y) shall not apply to a
21 noncontrolled substance in its finished dosage form that was
22 initially introduced into commerce prior to the initial
23 introduction into commerce of a controlled substance in its
24 finished dosage form which it may substantially resemble.
25 Nothing in this subsection (y) prohibits the dispensing or
26 distributing of noncontrolled substances by persons authorized
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1 to dispense and distribute controlled substances under this
2 Act, provided that such action would be deemed to be carried
3 out in good faith under subsection (u) if the substances
4 involved were controlled substances.
5 Nothing in this subsection (y) or in this Act prohibits
6 the manufacture, preparation, propagation, compounding,
7 processing, packaging, advertising or distribution of a drug
8 or drugs by any person registered pursuant to Section 510 of
9 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
10 (y-1) "Mail-order pharmacy" means a pharmacy that is
11 located in a state of the United States that delivers,
12 dispenses or distributes, through the United States Postal
13 Service or other common carrier, to Illinois residents, any
14 substance which requires a prescription.
15 (z) "Manufacture" means the production, preparation,
16 propagation, compounding, conversion or processing of a
17 controlled substance other than methamphetamine, either
18 directly or indirectly, by extraction from substances of
19 natural origin, or independently by means of chemical
20 synthesis, or by a combination of extraction and chemical
21 synthesis, and includes any packaging or repackaging of the
22 substance or labeling of its container, except that this term
23 does not include:
24 (1) by an ultimate user, the preparation or
25 compounding of a controlled substance for his or her own
26 use;
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1 (2) by a practitioner, or his or her authorized agent
2 under his or her supervision, the preparation,
3 compounding, packaging, or labeling of a controlled
4 substance:
5 (a) as an incident to his or her administering or
6 dispensing of a controlled substance in the course of
7 his or her professional practice; or
8 (b) as an incident to lawful research, teaching or
9 chemical analysis and not for sale; or
10 (3) the packaging, repackaging, or labeling of drugs
11 only to the extent permitted under the Illinois Drug Reuse
12 Opportunity Program Act.
13 (z-1) (Blank).
14 (z-5) "Medication shopping" means the conduct prohibited
15 under subsection (a) of Section 314.5 of this Act.
16 (z-10) "Mid-level practitioner" means (i) a physician
17 assistant who has been delegated authority to prescribe
18 through a written delegation of authority by a physician
19 licensed to practice medicine in all of its branches, in
20 accordance with Section 7.5 of the Physician Assistant
21 Practice Act of 1987, (ii) an advanced practice registered
22 nurse who has been delegated authority to prescribe through a
23 written delegation of authority by a physician licensed to
24 practice medicine in all of its branches or by a podiatric
25 physician, in accordance with Section 65-40 of the Nurse
26 Practice Act, (iii) an advanced practice registered nurse
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1 certified as a nurse practitioner, nurse midwife, or clinical
2 nurse specialist who has been granted authority to prescribe
3 by a hospital affiliate in accordance with Section 65-45 of
4 the Nurse Practice Act, (iv) an animal euthanasia agency, or
5 (v) a prescribing psychologist.
6 (aa) "Narcotic drug" means any of the following, whether
7 produced directly or indirectly by extraction from substances
8 of vegetable origin, or independently by means of chemical
9 synthesis, or by a combination of extraction and chemical
10 synthesis:
11 (1) opium, opiates, derivatives of opium and opiates,
12 including their isomers, esters, ethers, salts, and salts
13 of isomers, esters, and ethers, whenever the existence of
14 such isomers, esters, ethers, and salts is possible within
15 the specific chemical designation; however the term
16 "narcotic drug" does not include the isoquinoline
17 alkaloids of opium;
18 (2) (blank);
19 (3) opium poppy and poppy straw;
20 (4) coca leaves, except coca leaves and extracts of
21 coca leaves from which substantially all of the cocaine
22 and ecgonine, and their isomers, derivatives and salts,
23 have been removed;
24 (5) cocaine, its salts, optical and geometric isomers,
25 and salts of isomers;
26 (6) ecgonine, its derivatives, their salts, isomers,
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1 and salts of isomers;
2 (7) any compound, mixture, or preparation which
3 contains any quantity of any of the substances referred to
4 in subparagraphs (1) through (6).
5 (bb) "Nurse" means a registered nurse licensed under the
6 Nurse Practice Act.
7 (cc) (Blank).
8 (dd) "Opiate" means any substance having an addiction
9 forming or addiction sustaining liability similar to morphine
10 or being capable of conversion into a drug having addiction
11 forming or addiction sustaining liability.
12 (ee) "Opium poppy" means the plant of the species Papaver
13 somniferum L., except its seeds.
14 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
15 solution or other liquid form of medication intended for
16 administration by mouth, but the term does not include a form
17 of medication intended for buccal, sublingual, or transmucosal
18 administration.
19 (ff) "Parole and Pardon Board" means the Parole and Pardon
20 Board of the State of Illinois or its successor agency.
21 (gg) "Person" means any individual, corporation,
22 mail-order pharmacy, government or governmental subdivision or
23 agency, business trust, estate, trust, partnership or
24 association, or any other entity.
25 (hh) "Pharmacist" means any person who holds a license or
26 certificate of registration as a registered pharmacist, a
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1 local registered pharmacist or a registered assistant
2 pharmacist under the Pharmacy Practice Act.
3 (ii) "Pharmacy" means any store, ship or other place in
4 which pharmacy is authorized to be practiced under the
5 Pharmacy Practice Act.
6 (ii-5) "Pharmacy shopping" means the conduct prohibited
7 under subsection (b) of Section 314.5 of this Act.
8 (ii-10) "Physician" (except when the context otherwise
9 requires) means a person licensed to practice medicine in all
10 of its branches.
11 (jj) "Poppy straw" means all parts, except the seeds, of
12 the opium poppy, after mowing.
13 (kk) "Practitioner" means a physician licensed to practice
14 medicine in all its branches, dentist, optometrist, podiatric
15 physician, veterinarian, scientific investigator, pharmacist,
16 physician assistant, advanced practice registered nurse,
17 licensed practical nurse, registered nurse, emergency medical
18 services personnel, hospital, laboratory, or pharmacy, or
19 other person licensed, registered, or otherwise lawfully
20 permitted by the United States or this State to distribute,
21 dispense, conduct research with respect to, administer or use
22 in teaching or chemical analysis, a controlled substance in
23 the course of professional practice or research.
24 (ll) "Pre-printed prescription" means a written
25 prescription upon which the designated drug has been indicated
26 prior to the time of issuance; the term does not mean a written
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1 prescription that is individually generated by machine or
2 computer in the prescriber's office.
3 (mm) "Prescriber" means a physician licensed to practice
4 medicine in all its branches, dentist, optometrist,
5 prescribing psychologist licensed under Section 4.2 of the
6 Clinical Psychologist Licensing Act with prescriptive
7 authority delegated under Section 4.3 of the Clinical
8 Psychologist Licensing Act, podiatric physician, or
9 veterinarian who issues a prescription, a physician assistant
10 who issues a prescription for a controlled substance in
11 accordance with Section 303.05, a written delegation, and a
12 written collaborative agreement required under Section 7.5 of
13 the Physician Assistant Practice Act of 1987, an advanced
14 practice registered nurse with prescriptive authority
15 delegated under Section 65-40 of the Nurse Practice Act and in
16 accordance with Section 303.05, a written delegation, and a
17 written collaborative agreement under Section 65-35 of the
18 Nurse Practice Act, an advanced practice registered nurse
19 certified as a nurse practitioner, nurse midwife, or clinical
20 nurse specialist who has been granted authority to prescribe
21 by a hospital affiliate in accordance with Section 65-45 of
22 the Nurse Practice Act and in accordance with Section 303.05,
23 or an advanced practice registered nurse certified as a nurse
24 practitioner, nurse midwife, or clinical nurse specialist who
25 has full practice authority pursuant to Section 65-43 of the
26 Nurse Practice Act.
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1 (nn) "Prescription" means a written, facsimile, or oral
2 order, or an electronic order that complies with applicable
3 federal requirements, of a physician licensed to practice
4 medicine in all its branches, dentist, podiatric physician or
5 veterinarian for any controlled substance, of an optometrist
6 in accordance with Section 15.1 of the Illinois Optometric
7 Practice Act of 1987, of a prescribing psychologist licensed
8 under Section 4.2 of the Clinical Psychologist Licensing Act
9 with prescriptive authority delegated under Section 4.3 of the
10 Clinical Psychologist Licensing Act, of a physician assistant
11 for a controlled substance in accordance with Section 303.05,
12 a written delegation, and a written collaborative agreement
13 required under Section 7.5 of the Physician Assistant Practice
14 Act of 1987, of an advanced practice registered nurse with
15 prescriptive authority delegated under Section 65-40 of the
16 Nurse Practice Act who issues a prescription for a controlled
17 substance in accordance with Section 303.05, a written
18 delegation, and a written collaborative agreement under
19 Section 65-35 of the Nurse Practice Act, of an advanced
20 practice registered nurse certified as a nurse practitioner,
21 nurse midwife, or clinical nurse specialist who has been
22 granted authority to prescribe by a hospital affiliate in
23 accordance with Section 65-45 of the Nurse Practice Act and in
24 accordance with Section 303.05 when required by law, or of an
25 advanced practice registered nurse certified as a nurse
26 practitioner, nurse midwife, or clinical nurse specialist who
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1 has full practice authority pursuant to Section 65-43 of the
2 Nurse Practice Act.
3 (nn-5) "Prescription Information Library" (PIL) means an
4 electronic library that contains reported controlled substance
5 data.
6 (nn-10) "Prescription Monitoring Program" (PMP) means the
7 entity that collects, tracks, and stores reported data on
8 controlled substances and select drugs pursuant to Section
9 316.
10 (oo) "Production" or "produce" means manufacture,
11 planting, cultivating, growing, or harvesting of a controlled
12 substance other than methamphetamine.
13 (pp) "Registrant" means every person who is required to
14 register under Section 302 of this Act.
15 (qq) "Registry number" means the number assigned to each
16 person authorized to handle controlled substances under the
17 laws of the United States and of this State.
18 (qq-5) "Secretary" means, as the context requires, either
19 the Secretary of the Department or the Secretary of the
20 Department of Financial and Professional Regulation, and the
21 Secretary's designated agents.
22 (rr) "State" includes the State of Illinois and any state,
23 district, commonwealth, territory, insular possession thereof,
24 and any area subject to the legal authority of the United
25 States of America.
26 (rr-5) "Stimulant" means any drug that (i) causes an
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1 overall excitation of central nervous system functions, (ii)
2 causes impaired consciousness and awareness, and (iii) can be
3 habit-forming or lead to a substance abuse problem, including,
4 but not limited to, amphetamines and their analogs,
5 methylphenidate and its analogs, cocaine, and phencyclidine
6 and its analogs.
7 (rr-10) "Synthetic drug" includes, but is not limited to,
8 any synthetic cannabinoids or piperazines or any synthetic
9 cathinones as provided for in Schedule I.
10 (ss) "Ultimate user" means a person who lawfully possesses
11 a controlled substance for his or her own use or for the use of
12 a member of his or her household or for administering to an
13 animal owned by him or her or by a member of his or her
14 household.
15 (Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
16 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
17 (720 ILCS 570/303.05)
18 Sec. 303.05. Mid-level practitioner registration.
19 (a) The Department of Financial and Professional
20 Regulation shall register licensed physician assistants,
21 licensed advanced practice registered nurses, and prescribing
22 psychologists licensed under Section 4.2 of the Clinical
23 Psychologist Licensing Act to prescribe and dispense
24 controlled substances under Section 303 and euthanasia
25 agencies to purchase, store, or administer animal euthanasia
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1 drugs under the following circumstances:
2 (1) with respect to physician assistants,
3 (A) the physician assistant has been delegated
4 written authority to prescribe any Schedule III
5 through V controlled substances by a physician
6 licensed to practice medicine in all its branches in
7 accordance with Section 7.5 of the Physician Assistant
8 Practice Act of 1987; and the physician assistant has
9 completed the appropriate application forms and has
10 paid the required fees as set by rule; or
11 (B) the physician assistant has been delegated
12 authority by a collaborating physician licensed to
13 practice medicine in all its branches to prescribe or
14 dispense Schedule II controlled substances through a
15 written delegation of authority and under the
16 following conditions:
17 (i) Specific Schedule II controlled substances
18 by oral dosage or topical or transdermal
19 application may be delegated, provided that the
20 delegated Schedule II controlled substances are
21 routinely prescribed by the collaborating
22 physician. This delegation must identify the
23 specific Schedule II controlled substances by
24 either brand name or generic name. Schedule II
25 controlled substances to be delivered by injection
26 or other route of administration may not be
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1 delegated;
2 (ii) any delegation must be of controlled
3 substances prescribed by the collaborating
4 physician;
5 (iii) all prescriptions must be limited to no
6 more than a 30-day supply, with any continuation
7 authorized only after prior approval of the
8 collaborating physician;
9 (iv) the physician assistant must discuss the
10 condition of any patients for whom a controlled
11 substance is prescribed monthly with the
12 delegating physician;
13 (A) (v) the physician assistant must have
14 completed the appropriate application forms and paid
15 the required fees as set by rule;
16 (B) (vi) the physician assistant must provide
17 evidence of satisfactory completion of 45 contact
18 hours in pharmacology from any physician assistant
19 program accredited by the Accreditation Review
20 Commission on Education for the Physician Assistant
21 (ARC-PA), or its predecessor agency, for any new
22 license issued with Schedule II authority after the
23 effective date of this amendatory Act of the 97th
24 General Assembly; and
25 (C) (vii) the physician assistant must annually
26 complete at least 5 hours of continuing education in
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1 pharmacology;
2 (2) with respect to advanced practice registered
3 nurses who do not meet the requirements of Section 65-43
4 of the Nurse Practice Act,
5 (A) the advanced practice registered nurse has
6 been delegated authority to prescribe any Schedule III
7 through V controlled substances by a collaborating
8 physician licensed to practice medicine in all its
9 branches or a collaborating podiatric physician in
10 accordance with Section 65-40 of the Nurse Practice
11 Act. The advanced practice registered nurse has
12 completed the appropriate application forms and has
13 paid the required fees as set by rule; or
14 (B) the advanced practice registered nurse has
15 been delegated authority by a collaborating physician
16 licensed to practice medicine in all its branches to
17 prescribe or dispense Schedule II controlled
18 substances through a written delegation of authority
19 and under the following conditions:
20 (i) specific Schedule II controlled substances
21 by oral dosage or topical or transdermal
22 application may be delegated, provided that the
23 delegated Schedule II controlled substances are
24 routinely prescribed by the collaborating
25 physician. This delegation must identify the
26 specific Schedule II controlled substances by
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1 either brand name or generic name. Schedule II
2 controlled substances to be delivered by injection
3 or other route of administration may not be
4 delegated;
5 (ii) any delegation must be of controlled
6 substances prescribed by the collaborating
7 physician;
8 (iii) all prescriptions must be limited to no
9 more than a 30-day supply, with any continuation
10 authorized only after prior approval of the
11 collaborating physician;
12 (iv) the advanced practice registered nurse
13 must discuss the condition of any patients for
14 whom a controlled substance is prescribed monthly
15 with the delegating physician or in the course of
16 review as required by Section 65-40 of the Nurse
17 Practice Act;
18 (v) the advanced practice registered nurse
19 must have completed the appropriate application
20 forms and paid the required fees as set by rule;
21 (vi) the advanced practice registered nurse
22 must provide evidence of satisfactory completion
23 of at least 45 graduate contact hours in
24 pharmacology for any new license issued with
25 Schedule II authority after the effective date of
26 this amendatory Act of the 97th General Assembly;
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1 and
2 (vii) the advanced practice registered nurse
3 must annually complete 5 hours of continuing
4 education in pharmacology;
5 (2.5) with respect to advanced practice registered
6 nurses certified as nurse practitioners, nurse midwives,
7 or clinical nurse specialists who do not meet the
8 requirements of Section 65-43 of the Nurse Practice Act
9 practicing in a hospital affiliate,
10 (A) the advanced practice registered nurse
11 certified as a nurse practitioner, nurse midwife, or
12 clinical nurse specialist has been privileged to
13 prescribe any Schedule II through V controlled
14 substances by the hospital affiliate upon the
15 recommendation of the appropriate physician committee
16 of the hospital affiliate in accordance with Section
17 65-45 of the Nurse Practice Act, has completed the
18 appropriate application forms, and has paid the
19 required fees as set by rule; and
20 (B) an advanced practice registered nurse
21 certified as a nurse practitioner, nurse midwife, or
22 clinical nurse specialist has been privileged to
23 prescribe any Schedule II controlled substances by the
24 hospital affiliate upon the recommendation of the
25 appropriate physician committee of the hospital
26 affiliate, then the following conditions must be met:
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1 (i) specific Schedule II controlled substances
2 by oral dosage or topical or transdermal
3 application may be designated, provided that the
4 designated Schedule II controlled substances are
5 routinely prescribed by advanced practice
6 registered nurses in their area of certification;
7 the privileging documents must identify the
8 specific Schedule II controlled substances by
9 either brand name or generic name; privileges to
10 prescribe or dispense Schedule II controlled
11 substances to be delivered by injection or other
12 route of administration may not be granted;
13 (ii) any privileges must be controlled
14 substances limited to the practice of the advanced
15 practice registered nurse;
16 (iii) any prescription must be limited to no
17 more than a 30-day supply;
18 (iv) the advanced practice registered nurse
19 must discuss the condition of any patients for
20 whom a controlled substance is prescribed monthly
21 with the appropriate physician committee of the
22 hospital affiliate or its physician designee; and
23 (v) the advanced practice registered nurse
24 must meet the education requirements of this
25 Section;
26 (3) with respect to animal euthanasia agencies, the
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1 euthanasia agency has obtained a license from the
2 Department of Financial and Professional Regulation and
3 obtained a registration number from the Department; or
4 (4) with respect to prescribing psychologists, the
5 prescribing psychologist has been delegated authority to
6 prescribe any nonnarcotic Schedule III through V
7 controlled substances by a collaborating physician
8 licensed to practice medicine in all its branches in
9 accordance with Section 4.3 of the Clinical Psychologist
10 Licensing Act, and the prescribing psychologist has
11 completed the appropriate application forms and has paid
12 the required fees as set by rule.
13 (b) The mid-level practitioner shall only be licensed to
14 prescribe those schedules of controlled substances for which a
15 licensed physician has delegated prescriptive authority,
16 except that an animal euthanasia agency does not have any
17 prescriptive authority and except that a physician assistant
18 shall have prescriptive authority in accordance with the
19 Physician Assistant Practice Act of 1987. An A physician
20 assistant and an advanced practice registered nurse is are
21 prohibited from prescribing medications and controlled
22 substances not set forth in the required written delegation of
23 authority or as authorized by their practice Act.
24 (c) Upon completion of all registration requirements,
25 physician assistants, advanced practice registered nurses, and
26 animal euthanasia agencies may be issued a mid-level
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1 practitioner controlled substances license for Illinois.
2 (d) A collaborating physician may, but is not required to,
3 delegate prescriptive authority to an advanced practice
4 registered nurse as part of a written collaborative agreement,
5 and the delegation of prescriptive authority shall conform to
6 the requirements of Section 65-40 of the Nurse Practice Act.
7 (e) (Blank). A collaborating physician may, but is not
8 required to, delegate prescriptive authority to a physician
9 assistant as part of a written collaborative agreement, and
10 the delegation of prescriptive authority shall conform to the
11 requirements of Section 7.5 of the Physician Assistant
12 Practice Act of 1987.
13 (f) Nothing in this Section shall be construed to prohibit
14 generic substitution.
15 (Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
16 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
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1 INDEX
2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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