Illinois 2023-2024 Regular Session

Illinois House Bill HB4637 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4637 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 225 ILCS 95/4 from Ch. 111, par. 4604225 ILCS 95/6 from Ch. 111, par. 4606225 ILCS 95/7 from Ch. 111, par. 4607225 ILCS 95/7.5225 ILCS 95/7.7225 ILCS 95/7.8 new225 ILCS 95/7.9 new225 ILCS 95/17 from Ch. 111, par. 4617225 ILCS 95/20 from Ch. 111, par. 4620225 ILCS 95/21 from Ch. 111, par. 4621720 ILCS 570/102 from Ch. 56 1/2, par. 1102720 ILCS 570/303.05 Amends the Physician Assistant Practice Act of 1987. Provides that a physician assistant may prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of authority by a physician. Provides that a physician assistant may practice without a written collaborative agreement. 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. Makes changes in provisions concerning definitions; physician assistant title; collaboration requirements; written collaborative agreements, prescriptive authority, and physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers; inactive status; limitations; and grounds for disciplinary action. Amends the Illinois Controlled Substances Act to make corresponding changes. LRB103 35424 SPS 65490 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4637 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 225 ILCS 95/4 from Ch. 111, par. 4604225 ILCS 95/6 from Ch. 111, par. 4606225 ILCS 95/7 from Ch. 111, par. 4607225 ILCS 95/7.5225 ILCS 95/7.7225 ILCS 95/7.8 new225 ILCS 95/7.9 new225 ILCS 95/17 from Ch. 111, par. 4617225 ILCS 95/20 from Ch. 111, par. 4620225 ILCS 95/21 from Ch. 111, par. 4621720 ILCS 570/102 from Ch. 56 1/2, par. 1102720 ILCS 570/303.05 225 ILCS 95/4 from Ch. 111, par. 4604 225 ILCS 95/6 from Ch. 111, par. 4606 225 ILCS 95/7 from Ch. 111, par. 4607 225 ILCS 95/7.5 225 ILCS 95/7.7 225 ILCS 95/7.8 new 225 ILCS 95/7.9 new 225 ILCS 95/17 from Ch. 111, par. 4617 225 ILCS 95/20 from Ch. 111, par. 4620 225 ILCS 95/21 from Ch. 111, par. 4621 720 ILCS 570/102 from Ch. 56 1/2, par. 1102 720 ILCS 570/303.05 Amends the Physician Assistant Practice Act of 1987. Provides that a physician assistant may prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of authority by a physician. Provides that a physician assistant may practice without a written collaborative agreement. 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. Makes changes in provisions concerning definitions; physician assistant title; collaboration requirements; written collaborative agreements, prescriptive authority, and physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers; inactive status; limitations; and grounds for disciplinary action. Amends the Illinois Controlled Substances Act to make corresponding changes. LRB103 35424 SPS 65490 b LRB103 35424 SPS 65490 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4637 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 95/4 from Ch. 111, par. 4604225 ILCS 95/6 from Ch. 111, par. 4606225 ILCS 95/7 from Ch. 111, par. 4607225 ILCS 95/7.5225 ILCS 95/7.7225 ILCS 95/7.8 new225 ILCS 95/7.9 new225 ILCS 95/17 from Ch. 111, par. 4617225 ILCS 95/20 from Ch. 111, par. 4620225 ILCS 95/21 from Ch. 111, par. 4621720 ILCS 570/102 from Ch. 56 1/2, par. 1102720 ILCS 570/303.05 225 ILCS 95/4 from Ch. 111, par. 4604 225 ILCS 95/6 from Ch. 111, par. 4606 225 ILCS 95/7 from Ch. 111, par. 4607 225 ILCS 95/7.5 225 ILCS 95/7.7 225 ILCS 95/7.8 new 225 ILCS 95/7.9 new 225 ILCS 95/17 from Ch. 111, par. 4617 225 ILCS 95/20 from Ch. 111, par. 4620 225 ILCS 95/21 from Ch. 111, par. 4621 720 ILCS 570/102 from Ch. 56 1/2, par. 1102 720 ILCS 570/303.05
4	4	225 ILCS 95/4 from Ch. 111, par. 4604
5	5	225 ILCS 95/6 from Ch. 111, par. 4606
6	6	225 ILCS 95/7 from Ch. 111, par. 4607
7	7	225 ILCS 95/7.5
8	8	225 ILCS 95/7.7
9	9	225 ILCS 95/7.8 new
10	10	225 ILCS 95/7.9 new
11	11	225 ILCS 95/17 from Ch. 111, par. 4617
12	12	225 ILCS 95/20 from Ch. 111, par. 4620
13	13	225 ILCS 95/21 from Ch. 111, par. 4621
14	14	720 ILCS 570/102 from Ch. 56 1/2, par. 1102
15	15	720 ILCS 570/303.05
16	16	Amends the Physician Assistant Practice Act of 1987. Provides that a physician assistant may prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of authority by a physician. Provides that a physician assistant may practice without a written collaborative agreement. 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. Makes changes in provisions concerning definitions; physician assistant title; collaboration requirements; written collaborative agreements, prescriptive authority, and physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers; inactive status; limitations; and grounds for disciplinary action. Amends the Illinois Controlled Substances Act to make corresponding changes.
17	17	LRB103 35424 SPS 65490 b LRB103 35424 SPS 65490 b
18	18	LRB103 35424 SPS 65490 b
19	19	A BILL FOR
20	20	HB4637LRB103 35424 SPS 65490 b HB4637 LRB103 35424 SPS 65490 b
21	21	HB4637 LRB103 35424 SPS 65490 b
22	22	1 AN ACT concerning regulation.
23	23	2 Be it enacted by the People of the State of Illinois,
24	24	3 represented in the General Assembly:
25	25	4 Section 5. The Physician Assistant Practice Act of 1987 is
26	26	5 amended by changing Sections 4, 6, 7, 7.5, 7.7, 17, 20, and 21
27	27	6 and by adding Sections 7.8 and 7.9 as follows:
28	28	7 (225 ILCS 95/4) (from Ch. 111, par. 4604)
29	29	8 (Text of Section before amendment by P.A. 103-65)
30	30	9 (Section scheduled to be repealed on January 1, 2028)
31	31	10 Sec. 4. Definitions. In this Act:
32	32	11 1. "Department" means the Department of Financial and
33	33	12 Professional Regulation.
34	34	13 2. "Secretary" means the Secretary of Financial and
35	35	14 Professional Regulation.
36	36	15 3. "Physician assistant" means any person not holding an
37	37	16 active license or permit issued by the Department pursuant to
38	38	17 the Medical Practice Act of 1987 who has been certified as a
39	39	18 physician assistant by the National Commission on the
40	40	19 Certification of Physician Assistants or equivalent successor
41	41	20 agency and performs procedures in collaboration with a
42	42	21 physician as defined in this Act. A physician assistant may
43	43	22 perform such procedures within the specialty of the
44	44	23 collaborating physician, except that such physician shall
45	45
46	46
47	47
48	48	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4637 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
49	49	225 ILCS 95/4 from Ch. 111, par. 4604225 ILCS 95/6 from Ch. 111, par. 4606225 ILCS 95/7 from Ch. 111, par. 4607225 ILCS 95/7.5225 ILCS 95/7.7225 ILCS 95/7.8 new225 ILCS 95/7.9 new225 ILCS 95/17 from Ch. 111, par. 4617225 ILCS 95/20 from Ch. 111, par. 4620225 ILCS 95/21 from Ch. 111, par. 4621720 ILCS 570/102 from Ch. 56 1/2, par. 1102720 ILCS 570/303.05 225 ILCS 95/4 from Ch. 111, par. 4604 225 ILCS 95/6 from Ch. 111, par. 4606 225 ILCS 95/7 from Ch. 111, par. 4607 225 ILCS 95/7.5 225 ILCS 95/7.7 225 ILCS 95/7.8 new 225 ILCS 95/7.9 new 225 ILCS 95/17 from Ch. 111, par. 4617 225 ILCS 95/20 from Ch. 111, par. 4620 225 ILCS 95/21 from Ch. 111, par. 4621 720 ILCS 570/102 from Ch. 56 1/2, par. 1102 720 ILCS 570/303.05
50	50	225 ILCS 95/4 from Ch. 111, par. 4604
51	51	225 ILCS 95/6 from Ch. 111, par. 4606
52	52	225 ILCS 95/7 from Ch. 111, par. 4607
53	53	225 ILCS 95/7.5
54	54	225 ILCS 95/7.7
55	55	225 ILCS 95/7.8 new
56	56	225 ILCS 95/7.9 new
57	57	225 ILCS 95/17 from Ch. 111, par. 4617
58	58	225 ILCS 95/20 from Ch. 111, par. 4620
59	59	225 ILCS 95/21 from Ch. 111, par. 4621
60	60	720 ILCS 570/102 from Ch. 56 1/2, par. 1102
61	61	720 ILCS 570/303.05
62	62	Amends the Physician Assistant Practice Act of 1987. Provides that a physician assistant may prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of authority by a physician. Provides that a physician assistant may practice without a written collaborative agreement. 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. Makes changes in provisions concerning definitions; physician assistant title; collaboration requirements; written collaborative agreements, prescriptive authority, and physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers; inactive status; limitations; and grounds for disciplinary action. Amends the Illinois Controlled Substances Act to make corresponding changes.
63	63	LRB103 35424 SPS 65490 b LRB103 35424 SPS 65490 b
64	64	LRB103 35424 SPS 65490 b
65	65	A BILL FOR
66	66
67	67
68	68
69	69
70	70
71	71	225 ILCS 95/4 from Ch. 111, par. 4604
72	72	225 ILCS 95/6 from Ch. 111, par. 4606
73	73	225 ILCS 95/7 from Ch. 111, par. 4607
74	74	225 ILCS 95/7.5
75	75	225 ILCS 95/7.7
76	76	225 ILCS 95/7.8 new
77	77	225 ILCS 95/7.9 new
78	78	225 ILCS 95/17 from Ch. 111, par. 4617
79	79	225 ILCS 95/20 from Ch. 111, par. 4620
80	80	225 ILCS 95/21 from Ch. 111, par. 4621
81	81	720 ILCS 570/102 from Ch. 56 1/2, par. 1102
82	82	720 ILCS 570/303.05
83	83
84	84
85	85
86	86	LRB103 35424 SPS 65490 b
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100	100	HB4637 - 2 - LRB103 35424 SPS 65490 b
101	101	1 exercise such direction, collaboration, and control over such
102	102	2 physician assistants as will assure that patients shall
103	103	3 receive quality medical care. Physician assistants shall be
104	104	4 capable of performing a variety of tasks within the specialty
105	105	5 of medical care in collaboration with a physician.
106	106	6 Collaboration with the physician assistant shall not be
107	107	7 construed to necessarily require the personal presence of the
108	108	8 collaborating physician at all times at the place where
109	109	9 services are rendered, as long as there is communication
110	110	10 available for consultation by radio, telephone or
111	111	11 telecommunications within established guidelines as determined
112	112	12 by the physician/physician assistant team. The collaborating
113	113	13 physician may delegate tasks and duties to the physician
114	114	14 assistant. Delegated tasks or duties shall be consistent with
115	115	15 physician assistant education, training, and experience. The
116	116	16 delegated tasks or duties shall be specific to the practice
117	117	17 setting and shall be implemented and reviewed under a written
118	118	18 collaborative agreement established by the physician or
119	119	19 physician/physician assistant team. A physician assistant,
120	120	20 acting as an agent of the physician, shall be permitted to
121	121	21 transmit the collaborating physician's orders as determined by
122	122	22 the institution's bylaws by-laws, policies, procedures, or job
123	123	23 description within which the physician/physician assistant
124	124	24 team practices. Physician assistants shall practice only in
125	125	25 accordance with a written collaborative agreement.
126	126	26 Any person who holds an active license or permit issued
127	127
128	128
129	129
130	130
131	131
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135	135	HB4637- 3 -LRB103 35424 SPS 65490 b HB4637 - 3 - LRB103 35424 SPS 65490 b
136	136	HB4637 - 3 - LRB103 35424 SPS 65490 b
137	137	1 pursuant to the Medical Practice Act of 1987 shall have that
138	138	2 license automatically placed into inactive status upon
139	139	3 issuance of a physician assistant license. Any person who
140	140	4 holds an active license as a physician assistant who is issued
141	141	5 a license or permit pursuant to the Medical Practice Act of
142	142	6 1987 shall have his or her physician assistant license
143	143	7 automatically placed into inactive status.
144	144	8 3.5. "Physician assistant practice" means the performance
145	145	9 of procedures within the specialty of the collaborating
146	146	10 physician. Physician assistants shall be capable of performing
147	147	11 a variety of tasks within the specialty of medical care of the
148	148	12 collaborating physician. Collaboration with the physician
149	149	13 assistant shall not be construed to necessarily require the
150	150	14 personal presence of the collaborating physician at all times
151	151	15 at the place where services are rendered, as long as there is
152	152	16 communication available for consultation by radio, telephone,
153	153	17 telecommunications, or electronic communications. The
154	154	18 collaborating physician may delegate tasks and duties to the
155	155	19 physician assistant. Delegated tasks or duties shall be
156	156	20 consistent with physician assistant education, training, and
157	157	21 experience. The delegated tasks or duties shall be specific to
158	158	22 the practice setting and shall be implemented and reviewed
159	159	23 under a written collaborative agreement established by the
160	160	24 physician or physician/physician assistant team. A physician
161	161	25 assistant shall be permitted to transmit the collaborating
162	162	26 physician's orders as determined by the institution's bylaws,
163	163
164	164
165	165
166	166
167	167
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172	172	HB4637 - 4 - LRB103 35424 SPS 65490 b
173	173	1 policies, or procedures or the job description within which
174	174	2 the physician/physician assistant team practices. Physician
175	175	3 assistants shall practice only in accordance with a written
176	176	4 collaborative agreement, except as provided in Section 7.5 of
177	177	5 this Act.
178	178	6 4. "Board" means the Medical Licensing Board constituted
179	179	7 under the Medical Practice Act of 1987.
180	180	8 5. (Blank).
181	181	9 6. "Physician" means a person licensed to practice
182	182	10 medicine in all of its branches under the Medical Practice Act
183	183	11 of 1987.
184	184	12 7. "Collaborating physician" means the physician who,
185	185	13 within his or her specialty and expertise, may delegate a
186	186	14 variety of tasks and procedures to the physician assistant.
187	187	15 Such tasks and procedures shall be delegated in accordance
188	188	16 with a written collaborative agreement.
189	189	17 8. (Blank).
190	190	18 9. "Address of record" means the designated address
191	191	19 recorded by the Department in the applicant's or licensee's
192	192	20 application file or license file maintained by the
193	193	21 Department's licensure maintenance unit.
194	194	22 10. "Hospital affiliate" means a corporation, partnership,
195	195	23 joint venture, limited liability company, or similar
196	196	24 organization, other than a hospital, that is devoted primarily
197	197	25 to the provision, management, or support of health care
198	198	26 services and that directly or indirectly controls, is
199	199
200	200
201	201
202	202
203	203
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208	208	HB4637 - 5 - LRB103 35424 SPS 65490 b
209	209	1 controlled by, or is under common control of the hospital. For
210	210	2 the purposes of this definition, "control" means having at
211	211	3 least an equal or a majority ownership or membership interest.
212	212	4 A hospital affiliate shall be 100% owned or controlled by any
213	213	5 combination of hospitals, their parent corporations, or
214	214	6 physicians licensed to practice medicine in all its branches
215	215	7 in Illinois. "Hospital affiliate" does not include a health
216	216	8 maintenance organization regulated under the Health
217	217	9 Maintenance Organization Act.
218	218	10 11. "Email address of record" means the designated email
219	219	11 address recorded by the Department in the applicant's
220	220	12 application file or the licensee's license file, as maintained
221	221	13 by the Department's licensure maintenance unit.
222	222	14 (Source: P.A. 102-1117, eff. 1-13-23.)
223	223	15 (Text of Section after amendment by P.A. 103-65)
224	224	16 (Section scheduled to be repealed on January 1, 2028)
225	225	17 Sec. 4. Definitions. In this Act:
226	226	18 1. "Department" means the Department of Financial and
227	227	19 Professional Regulation.
228	228	20 2. "Secretary" means the Secretary of Financial and
229	229	21 Professional Regulation.
230	230	22 3. "Physician assistant" means any person not holding an
231	231	23 active license or permit issued by the Department pursuant to
232	232	24 the Medical Practice Act of 1987 who has been certified as a
233	233	25 physician assistant by the National Commission on the
234	234
235	235
236	236
237	237
238	238
239	239	HB4637 - 5 - LRB103 35424 SPS 65490 b
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243	243	HB4637 - 6 - LRB103 35424 SPS 65490 b
244	244	1 Certification of Physician Assistants or equivalent successor
245	245	2 agency. and performs procedures in collaboration with a
246	246	3 physician as defined in this Act. A physician assistant may
247	247	4 perform such procedures within the specialty of the
248	248	5 collaborating physician, except that such physician shall
249	249	6 exercise such direction, collaboration, and control over such
250	250	7 physician assistants as will assure that patients shall
251	251	8 receive quality medical care. Physician assistants shall be
252	252	9 capable of performing a variety of tasks within the specialty
253	253	10 of medical care in collaboration with a physician.
254	254	11 Collaboration with the physician assistant shall not be
255	255	12 construed to necessarily require the personal presence of the
256	256	13 collaborating physician at all times at the place where
257	257	14 services are rendered, as long as there is communication
258	258	15 available for consultation by radio, telephone or
259	259	16 telecommunications within established guidelines as determined
260	260	17 by the physician/physician assistant team. The collaborating
261	261	18 physician may delegate tasks and duties to the physician
262	262	19 assistant. Delegated tasks or duties shall be consistent with
263	263	20 physician assistant education, training, and experience. The
264	264	21 delegated tasks or duties shall be specific to the practice
265	265	22 setting and shall be implemented and reviewed under a written
266	266	23 collaborative agreement established by the physician or
267	267	24 physician/physician assistant team. A physician assistant,
268	268	25 acting as an agent of the physician, shall be permitted to
269	269	26 transmit the collaborating physician's orders as determined by
270	270
271	271
272	272
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280	280	1 the institution's by-laws, policies, procedures, or job
281	281	2 description within which the physician/physician assistant
282	282	3 team practices. Physician assistants shall practice only in
283	283	4 accordance with a written collaborative agreement.
284	284	5 Any person who holds an active license or permit issued
285	285	6 pursuant to the Medical Practice Act of 1987 shall have that
286	286	7 license automatically placed into inactive status upon
287	287	8 issuance of a physician assistant license. Any person who
288	288	9 holds an active license as a physician assistant who is issued
289	289	10 a license or permit pursuant to the Medical Practice Act of
290	290	11 1987 shall have his or her physician assistant license
291	291	12 automatically placed into inactive status.
292	292	13 3.5. "Physician assistant practice" means the performance
293	293	14 of any legal medical service for which the physician assistant
294	294	15 has been prepared by the physician assistant's education,
295	295	16 training, and experience and is competent to perform as
296	296	17 determined by the practice through employment agreement or
297	297	18 credentialing and privileging system of the licensed facility.
298	298	19 Medical and surgical services provided by physician assistants
299	299	20 include, but are not limited to:
300	300	21 (A) obtaining and performing comprehensive health
301	301	22 histories and physical examinations;
302	302	23 (B) evaluating, diagnosing, managing, and providing
303	303	24 medical treatment;
304	304	25 (C) ordering, performing, and interpreting diagnostic
305	305	26 studies and therapeutic procedures;
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316	316	1 (D) educating patients on health promotion and disease
317	317	2 prevention;
318	318	3 (E) providing consultation upon request;
319	319	4 (F) writing medical orders;
320	320	5 (G) prescribing, dispensing, ordering, administering,
321	321	6 and procuring drugs and medical devices; and
322	322	7 (H) assisting in surgery. procedures within the
323	323	8 specialty of the collaborating physician. Physician
324	324	9 assistants shall be capable of performing a variety of
325	325	10 tasks within the specialty of medical care of the
326	326	11 collaborating physician. Collaboration with the physician
327	327	12 assistant shall not be construed to necessarily require
328	328	13 the personal presence of the collaborating physician at
329	329	14 all times at the place where services are rendered, as
330	330	15 long as there is communication available for consultation
331	331	16 by radio, telephone, telecommunications, or electronic
332	332	17 communications. The collaborating physician may delegate
333	333	18 tasks and duties to the physician assistant. Delegated
334	334	19 tasks or duties shall be consistent with physician
335	335	20 assistant education, training, and experience. The
336	336	21 delegated tasks or duties shall be specific to the
337	337	22 practice setting and shall be implemented and reviewed
338	338	23 under a written collaborative agreement established by the
339	339	24 physician or physician/physician assistant team. A
340	340	25 physician assistant shall be permitted to transmit the
341	341	26 collaborating physician's orders as determined by the
342	342
343	343
344	344
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352	352	1 institution's bylaws, policies, or procedures or the job
353	353	2 description within which the physician/physician assistant
354	354	3 team practices. Physician assistants shall practice only
355	355	4 in accordance with a written collaborative agreement,
356	356	5 except as provided in Section 7.5 of this Act.
357	357	6 4. "Board" means the Illinois State Medical Board Medical
358	358	7 Licensing Board constituted under the Medical Practice Act of
359	359	8 1987.
360	360	9 5. (Blank).
361	361	10 6. "Physician" means a person licensed to practice
362	362	11 medicine in all of its branches under the Medical Practice Act
363	363	12 of 1987.
364	364	13 7. "Collaborating physician" means the physician who,
365	365	14 within his or her specialty and expertise, may delegate a
366	366	15 variety of tasks and procedures to the physician assistant.
367	367	16 Such tasks and procedures shall be delegated in accordance
368	368	17 with a written collaborative agreement when the agreement is
369	369	18 required under this Act.
370	370	19 8. (Blank).
371	371	20 9. "Address of record" means the designated address
372	372	21 recorded by the Department in the applicant's or licensee's
373	373	22 application file or license file maintained by the
374	374	23 Department's licensure maintenance unit.
375	375	24 10. "Hospital affiliate" means a corporation, partnership,
376	376	25 joint venture, limited liability company, or similar
377	377	26 organization, other than a hospital, that is devoted primarily
378	378
379	379
380	380
381	381
382	382
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388	388	1 to the provision, management, or support of health care
389	389	2 services and that directly or indirectly controls, is
390	390	3 controlled by, or is under common control of the hospital. For
391	391	4 the purposes of this definition, "control" means having at
392	392	5 least an equal or a majority ownership or membership interest.
393	393	6 A hospital affiliate shall be 100% owned or controlled by any
394	394	7 combination of hospitals, their parent corporations, or
395	395	8 physicians licensed to practice medicine in all its branches
396	396	9 in Illinois. "Hospital affiliate" does not include a health
397	397	10 maintenance organization regulated under the Health
398	398	11 Maintenance Organization Act.
399	399	12 11. "Email address of record" means the designated email
400	400	13 address recorded by the Department in the applicant's
401	401	14 application file or the licensee's license file, as maintained
402	402	15 by the Department's licensure maintenance unit.
403	403	16 12. "Federally qualified health center" means a health
404	404	17 center funded under Section 330 of the federal Public Health
405	405	18 Service Act.
406	406	19 (Source: P.A. 102-1117, eff. 1-13-23; 103-65, eff. 1-1-24.)
407	407	20 (225 ILCS 95/6) (from Ch. 111, par. 4606)
408	408	21 (Section scheduled to be repealed on January 1, 2028)
409	409	22 Sec. 6. Physician assistant title.
410	410	23 (a) No physician assistant shall use the title of doctor,
411	411	24 physician, or associate with his or her name or any other term
412	412	25 that would indicate to other persons that he or she is
413	413
414	414
415	415
416	416
417	417
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419	419
420	420
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423	423	1 qualified to engage in the general practice of medicine.
424	424	2 (b) A physician assistant shall verbally identify himself
425	425	3 or herself as a physician assistant, including, when
426	426	4 applicable, specialty certification, to each patient.
427	427	5 (c) Nothing in this Act shall be construed to relieve a
428	428	6 physician assistant of the professional or legal
429	429	7 responsibility for the care and treatment of persons attended
430	430	8 by him or her.
431	431	9 (d) (Blank). The collaborating physician shall file with
432	432	10 the Department notice of employment, discharge, or
433	433	11 collaboration with a physician assistant within 60 days of
434	434	12 employment, discharge, or assumption of collaboration with a
435	435	13 physician assistant. Nothing in this Section shall prevent a
436	436	14 physician assistant from beginning his or her employment
437	437	15 before the notice of employment or collaboration has been
438	438	16 filed.
439	439	17 (Source: P.A. 102-735, eff. 1-1-23.)
440	440	18 (225 ILCS 95/7) (from Ch. 111, par. 4607)
441	441	19 (Text of Section before amendment by P.A. 103-65)
442	442	20 (Section scheduled to be repealed on January 1, 2028)
443	443	21 Sec. 7. Collaboration requirements.
444	444	22 (a) A collaborating physician shall determine the number
445	445	23 of physician assistants to collaborate with, provided the
446	446	24 physician is able to provide adequate collaboration as
447	447	25 outlined in the written collaborative agreement required under
448	448
449	449
450	450
451	451
452	452
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454	454
455	455
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457	457	HB4637 - 12 - LRB103 35424 SPS 65490 b
458	458	1 Section 7.5 of this Act and consideration is given to the
459	459	2 nature of the physician's practice, complexity of the patient
460	460	3 population, and the experience of each physician assistant. A
461	461	4 collaborating physician may collaborate with a maximum of 7
462	462	5 full-time equivalent physician assistants as described in
463	463	6 Section 54.5 of the Medical Practice Act of 1987. As used in
464	464	7 this Section, "full-time equivalent" means the equivalent of
465	465	8 40 hours per week per individual. Physicians and physician
466	466	9 assistants who work in a hospital, hospital affiliate, or
467	467	10 ambulatory surgical treatment center as defined by Section 7.7
468	468	11 of this Act are exempt from the collaborative ratio
469	469	12 restriction requirements of this Section. A physician
470	470	13 assistant shall be able to hold more than one professional
471	471	14 position. A collaborating physician shall file a notice of
472	472	15 collaboration of each physician assistant according to the
473	473	16 rules of the Department.
474	474	17 Physician assistants shall collaborate only with
475	475	18 physicians as defined in this Act who are engaged in clinical
476	476	19 practice, or in clinical practice in public health or other
477	477	20 community health facilities.
478	478	21 Nothing in this Act shall be construed to limit the
479	479	22 delegation of tasks or duties by a physician to a nurse or
480	480	23 other appropriately trained personnel.
481	481	24 Nothing in this Act shall be construed to prohibit the
482	482	25 employment of physician assistants by a hospital, nursing home
483	483	26 or other health care facility where such physician assistants
484	484
485	485
486	486
487	487
488	488
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490	490
491	491
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493	493	HB4637 - 13 - LRB103 35424 SPS 65490 b
494	494	1 function with under a collaborating physician.
495	495	2 A physician assistant may be employed by a practice group
496	496	3 or other entity employing multiple physicians at one or more
497	497	4 locations. In that case, one of the physicians practicing at a
498	498	5 location shall be designated the collaborating physician. The
499	499	6 other physicians with that practice group or other entity who
500	500	7 practice in the same general type of practice or specialty as
501	501	8 the collaborating physician may collaborate with the physician
502	502	9 assistant with respect to their patients.
503	503	10 (b) A physician assistant licensed in this State, or
504	504	11 licensed or authorized to practice in any other U.S.
505	505	12 jurisdiction or credentialed by his or her federal employer as
506	506	13 a physician assistant, who is responding to a need for medical
507	507	14 care created by an emergency or by a state or local disaster
508	508	15 may render such care that the physician assistant is able to
509	509	16 provide without collaboration as it is defined in this Section
510	510	17 or with such collaboration as is available.
511	511	18 Any physician who collaborates with a physician assistant
512	512	19 providing medical care in response to such an emergency or
513	513	20 state or local disaster shall not be required to meet the
514	514	21 requirements set forth in this Section for a collaborating
515	515	22 physician.
516	516	23 (Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19.)
517	517	24 (Text of Section after amendment by P.A. 103-65)
518	518	25 (Section scheduled to be repealed on January 1, 2028)
519	519
520	520
521	521
522	522
523	523
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525	525
526	526
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528	528	HB4637 - 14 - LRB103 35424 SPS 65490 b
529	529	1 Sec. 7. Collaboration requirements.
530	530	2 (a) A written collaborative agreement is required for all
531	531	3 physician assistants engaged in clinical practice prior to
532	532	4 satisfying the requirements of Section 7.9, except for
533	533	5 physician assistants who practice in a hospital, hospital
534	534	6 affiliate, federally qualified health center, or ambulatory
535	535	7 surgical treatment center as provided in Section 7.7.
536	536	8 (b) (a) A collaborating physician shall determine the
537	537	9 number of physician assistants to collaborate with, provided
538	538	10 the physician is able to provide adequate collaboration as
539	539	11 outlined in the written collaborative agreement required under
540	540	12 Section 7.5 of this Act and consideration is given to the
541	541	13 nature of the physician's practice, complexity of the patient
542	542	14 population, and the experience of each physician assistant. A
543	543	15 collaborating physician may collaborate with a maximum of 7
544	544	16 full-time equivalent physician assistants as described in
545	545	17 Section 54.5 of the Medical Practice Act of 1987. As used in
546	546	18 this Section, "full-time equivalent" means the equivalent of
547	547	19 40 hours per week per individual. Physicians and physician
548	548	20 assistants who work in a hospital, hospital affiliate,
549	549	21 federally qualified health center, or ambulatory surgical
550	550	22 treatment center as defined by Section 7.7 of this Act are
551	551	23 exempt from the collaborative ratio restriction requirements
552	552	24 of this Section. A physician assistant shall be able to hold
553	553	25 more than one professional position. A collaborating physician
554	554	26 shall file a notice of collaboration of each physician
555	555
556	556
557	557
558	558
559	559
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561	561
562	562
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565	565	1 assistant according to the rules of the Department.
566	566	2 (c) Physician assistants shall collaborate only with
567	567	3 physicians as defined in this Act who are engaged in clinical
568	568	4 practice, or in clinical practice in public health or other
569	569	5 community health facilities.
570	570	6 (d) Nothing in this Act shall be construed to limit the
571	571	7 delegation of tasks or duties by a physician to a nurse or
572	572	8 other appropriately trained personnel.
573	573	9 (e) Nothing in this Act shall be construed to prohibit the
574	574	10 employment of physician assistants by a hospital, nursing home
575	575	11 or other health care facility where such physician assistants
576	576	12 function with under a collaborating physician.
577	577	13 (f) A physician assistant may be employed by a practice
578	578	14 group or other entity employing multiple physicians at one or
579	579	15 more locations. In that case, one of the physicians practicing
580	580	16 at a location shall be designated the collaborating physician.
581	581	17 The other physicians with that practice group or other entity
582	582	18 who practice in the same general type of practice or specialty
583	583	19 as the collaborating physician may collaborate with the
584	584	20 physician assistant with respect to their patients.
585	585	21 (g) (b) A physician assistant licensed in this State, or
586	586	22 licensed or authorized to practice in any other U.S.
587	587	23 jurisdiction or credentialed by his or her federal employer as
588	588	24 a physician assistant, who is responding to a need for medical
589	589	25 care created by an emergency or by a state or local disaster
590	590	26 may render such care that the physician assistant is able to
591	591
592	592
593	593
594	594
595	595
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597	597
598	598
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600	600	HB4637 - 16 - LRB103 35424 SPS 65490 b
601	601	1 provide without collaboration as it is defined in this Section
602	602	2 or with such collaboration as is available.
603	603	3 (h) Any physician who collaborates with a physician
604	604	4 assistant providing medical care in response to such an
605	605	5 emergency or state or local disaster shall not be required to
606	606	6 meet the requirements set forth in this Section for a
607	607	7 collaborating physician.
608	608	8 (Source: P.A. 103-65, eff. 1-1-24.)
609	609	9 (225 ILCS 95/7.5)
610	610	10 (Text of Section before amendment by P.A. 103-65)
611	611	11 (Section scheduled to be repealed on January 1, 2028)
612	612	12 Sec. 7.5. Written collaborative agreements; prescriptive
613	613	13 authority.
614	614	14 (a) A written collaborative agreement is required for all
615	615	15 physician assistants to practice in the State, except as
616	616	16 provided in Section 7.7 of this Act.
617	617	17 (1) A written collaborative agreement shall describe
618	618	18 the working relationship of the physician assistant with
619	619	19 the collaborating physician and shall describe the
620	620	20 categories of care, treatment, or procedures to be
621	621	21 provided by the physician assistant. The written
622	622	22 collaborative agreement shall promote the exercise of
623	623	23 professional judgment by the physician assistant
624	624	24 commensurate with his or her education and experience. The
625	625	25 services to be provided by the physician assistant shall
626	626
627	627
628	628
629	629
630	630
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632	632
633	633
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635	635	HB4637 - 17 - LRB103 35424 SPS 65490 b
636	636	1 be services that the collaborating physician is authorized
637	637	2 to and generally provides to his or her patients in the
638	638	3 normal course of his or her clinical medical practice. The
639	639	4 written collaborative agreement need not describe the
640	640	5 exact steps that a physician assistant must take with
641	641	6 respect to each specific condition, disease, or symptom
642	642	7 but must specify which authorized procedures require the
643	643	8 presence of the collaborating physician as the procedures
644	644	9 are being performed. The relationship under a written
645	645	10 collaborative agreement shall not be construed to require
646	646	11 the personal presence of a physician at the place where
647	647	12 services are rendered. Methods of communication shall be
648	648	13 available for consultation with the collaborating
649	649	14 physician in person or by telecommunications or electronic
650	650	15 communications as set forth in the written collaborative
651	651	16 agreement. For the purposes of this Act, "generally
652	652	17 provides to his or her patients in the normal course of his
653	653	18 or her clinical medical practice" means services, not
654	654	19 specific tasks or duties, the collaborating physician
655	655	20 routinely provides individually or through delegation to
656	656	21 other persons so that the physician has the experience and
657	657	22 ability to collaborate and provide consultation.
658	658	23 (2) The written collaborative agreement shall be
659	659	24 adequate if a physician does each of the following:
660	660	25 (A) Participates in the joint formulation and
661	661	26 joint approval of orders or guidelines with the
662	662
663	663
664	664
665	665
666	666
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668	668
669	669
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671	671	HB4637 - 18 - LRB103 35424 SPS 65490 b
672	672	1 physician assistant and he or she periodically reviews
673	673	2 such orders and the services provided patients under
674	674	3 such orders in accordance with accepted standards of
675	675	4 medical practice and physician assistant practice.
676	676	5 (B) Provides consultation at least once a month.
677	677	6 (3) A copy of the signed, written collaborative
678	678	7 agreement must be available to the Department upon request
679	679	8 from both the physician assistant and the collaborating
680	680	9 physician.
681	681	10 (4) A physician assistant shall inform each
682	682	11 collaborating physician of all written collaborative
683	683	12 agreements he or she has signed and provide a copy of these
684	684	13 to any collaborating physician upon request.
685	685	14 (b) A collaborating physician may, but is not required to,
686	686	15 delegate prescriptive authority to a physician assistant as
687	687	16 part of a written collaborative agreement. This authority may,
688	688	17 but is not required to, include prescription of, selection of,
689	689	18 orders for, administration of, storage of, acceptance of
690	690	19 samples of, and dispensing medical devices, over-the-counter
691	691	20 over the counter medications, legend drugs, medical gases, and
692	692	21 controlled substances categorized as Schedule II through V
693	693	22 controlled substances, as defined in Article II of the
694	694	23 Illinois Controlled Substances Act, and other preparations,
695	695	24 including, but not limited to, botanical and herbal remedies.
696	696	25 The collaborating physician must have a valid, current
697	697	26 Illinois controlled substance license and federal registration
698	698
699	699
700	700
701	701
702	702
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704	704
705	705
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708	708	1 with the Drug Enforcement Administration to delegate the
709	709	2 authority to prescribe controlled substances.
710	710	3 (1) To prescribe Schedule II, III, IV, or V controlled
711	711	4 substances under this Section, a physician assistant must
712	712	5 obtain a mid-level practitioner controlled substances
713	713	6 license. Medication orders issued by a physician assistant
714	714	7 shall be reviewed periodically by the collaborating
715	715	8 physician.
716	716	9 (2) The collaborating physician shall file with the
717	717	10 Department notice of delegation of prescriptive authority
718	718	11 to a physician assistant and termination of delegation,
719	719	12 specifying the authority delegated or terminated. Upon
720	720	13 receipt of this notice delegating authority to prescribe
721	721	14 controlled substances, the physician assistant shall be
722	722	15 eligible to register for a mid-level practitioner
723	723	16 controlled substances license under Section 303.05 of the
724	724	17 Illinois Controlled Substances Act. Nothing in this Act
725	725	18 shall be construed to limit the delegation of tasks or
726	726	19 duties by the collaborating physician to a nurse or other
727	727	20 appropriately trained persons in accordance with Section
728	728	21 54.2 of the Medical Practice Act of 1987.
729	729	22 (3) In addition to the requirements of this subsection
730	730	23 (b), a collaborating physician may, but is not required
731	731	24 to, delegate authority to a physician assistant to
732	732	25 prescribe Schedule II controlled substances, if all of the
733	733	26 following conditions apply:
734	734
735	735
736	736
737	737
738	738
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740	740
741	741
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743	743	HB4637 - 20 - LRB103 35424 SPS 65490 b
744	744	1 (A) Specific Schedule II controlled substances by
745	745	2 oral dosage or topical or transdermal application may
746	746	3 be delegated, provided that the delegated Schedule II
747	747	4 controlled substances are routinely prescribed by the
748	748	5 collaborating physician. This delegation must identify
749	749	6 the specific Schedule II controlled substances by
750	750	7 either brand name or generic name. Schedule II
751	751	8 controlled substances to be delivered by injection or
752	752	9 other route of administration may not be delegated.
753	753	10 (B) (Blank).
754	754	11 (C) Any prescription must be limited to no more
755	755	12 than a 30-day supply, with any continuation authorized
756	756	13 only after prior approval of the collaborating
757	757	14 physician.
758	758	15 (D) The physician assistant must discuss the
759	759	16 condition of any patients for whom a controlled
760	760	17 substance is prescribed monthly with the collaborating
761	761	18 physician.
762	762	19 (E) The physician assistant meets the education
763	763	20 requirements of Section 303.05 of the Illinois
764	764	21 Controlled Substances Act.
765	765	22 (c) Nothing in this Act shall be construed to limit the
766	766	23 delegation of tasks or duties by a physician to a licensed
767	767	24 practical nurse, a registered professional nurse, or other
768	768	25 persons. Nothing in this Act shall be construed to limit the
769	769	26 method of delegation that may be authorized by any means,
770	770
771	771
772	772
773	773
774	774
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776	776
777	777
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779	779	HB4637 - 21 - LRB103 35424 SPS 65490 b
780	780	1 including, but not limited to, oral, written, electronic,
781	781	2 standing orders, protocols, guidelines, or verbal orders.
782	782	3 Nothing in this Act shall be construed to authorize a
783	783	4 physician assistant to provide health care services required
784	784	5 by law or rule to be performed by a physician. Nothing in this
785	785	6 Act shall be construed to authorize the delegation or
786	786	7 performance of operative surgery. Nothing in this Section
787	787	8 shall be construed to preclude a physician assistant from
788	788	9 assisting in surgery.
789	789	10 (c-5) Nothing in this Section shall be construed to apply
790	790	11 to any medication authority, including Schedule II controlled
791	791	12 substances of a licensed physician assistant for care provided
792	792	13 in a hospital, hospital affiliate, or ambulatory surgical
793	793	14 treatment center pursuant to Section 7.7 of this Act.
794	794	15 (d) (Blank).
795	795	16 (e) Nothing in this Section shall be construed to prohibit
796	796	17 generic substitution.
797	797	18 (Source: P.A. 101-13, eff. 6-12-19; 102-558, eff. 8-20-21;
798	798	19 revised 9-21-23.)
799	799	20 (Text of Section after amendment by P.A. 103-65)
800	800	21 (Section scheduled to be repealed on January 1, 2028)
801	801	22 Sec. 7.5. Written collaborative agreements; prescriptive
802	802	23 authority.
803	803	24 (a) A written collaborative agreement is required for all
804	804	25 physician assistants to practice in the State, except as
805	805
806	806
807	807
808	808
809	809
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811	811
812	812
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814	814	HB4637 - 22 - LRB103 35424 SPS 65490 b
815	815	1 provided in Sections Section 7.7 and 7.9 of this Act. When a
816	816	2 written collaborative agreement is required under this Act,
817	817	3 the following shall apply:
818	818	4 (1) A written collaborative agreement shall describe
819	819	5 the working relationship of the physician assistant with
820	820	6 the collaborating physician and shall describe the
821	821	7 categories of care, treatment, or procedures to be
822	822	8 provided by the physician assistant. The written
823	823	9 collaborative agreement shall promote the exercise of
824	824	10 professional judgment by the physician assistant
825	825	11 commensurate with his or her education and experience. The
826	826	12 services to be provided by the physician assistant shall
827	827	13 be services that the collaborating physician is authorized
828	828	14 to and generally provides to his or her patients in the
829	829	15 normal course of his or her clinical medical practice. The
830	830	16 written collaborative agreement need not describe the
831	831	17 exact steps that a physician assistant must take with
832	832	18 respect to each specific condition, disease, or symptom
833	833	19 but must specify which authorized procedures require the
834	834	20 presence of the collaborating physician as the procedures
835	835	21 are being performed. The relationship under a written
836	836	22 collaborative agreement shall not be construed to require
837	837	23 the personal presence of a physician at the place where
838	838	24 services are rendered. Methods of communication shall be
839	839	25 available for consultation with the collaborating
840	840	26 physician in person or by telecommunications or electronic
841	841
842	842
843	843
844	844
845	845
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847	847
848	848
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851	851	1 communications as set forth in the written collaborative
852	852	2 agreement. For the purposes of this Act, "generally
853	853	3 provides to his or her patients in the normal course of his
854	854	4 or her clinical medical practice" means services, not
855	855	5 specific tasks or duties, the collaborating physician
856	856	6 routinely provides individually or through delegation to
857	857	7 other persons so that the physician has the experience and
858	858	8 ability to collaborate and provide consultation.
859	859	9 (2) (Blank). The written collaborative agreement shall
860	860	10 be adequate if a physician does each of the following:
861	861	11 (A) Participates in the joint formulation and
862	862	12 joint approval of orders or guidelines with the
863	863	13 physician assistant and he or she periodically reviews
864	864	14 such orders and the services provided patients under
865	865	15 such orders in accordance with accepted standards of
866	866	16 medical practice and physician assistant practice.
867	867	17 (B) Provides consultation at least once a month.
868	868	18 (3) A copy of the signed, written collaborative
869	869	19 agreement must be available to the Department upon request
870	870	20 from both the physician assistant and the collaborating
871	871	21 physician.
872	872	22 (4) A physician assistant shall inform each
873	873	23 collaborating physician of all written collaborative
874	874	24 agreements he or she has signed and provide a copy of these
875	875	25 to any collaborating physician upon request.
876	876	26 (b) To prescribe Schedule II, III, IV, or V controlled
877	877
878	878
879	879
880	880
881	881
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883	883
884	884
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886	886	HB4637 - 24 - LRB103 35424 SPS 65490 b
887	887	1 substances under this Section, a physician assistant must
888	888	2 obtain a mid-level practitioner controlled substances license.
889	889	3 A collaborating physician may, but is not required to,
890	890	4 delegate prescriptive authority to a physician assistant as
891	891	5 part of a written collaborative agreement. This authority may,
892	892	6 but is not required to, include prescription of, selection of,
893	893	7 orders for, administration of, storage of, acceptance of
894	894	8 samples of, and dispensing medical devices, over the counter
895	895	9 medications, legend drugs, medical gases, and controlled
896	896	10 substances categorized as Schedule II through V controlled
897	897	11 substances, as defined in Article II of the Illinois
898	898	12 Controlled Substances Act, and other preparations, including,
899	899	13 but not limited to, botanical and herbal remedies. The
900	900	14 collaborating physician must have a valid, current Illinois
901	901	15 controlled substance license and federal registration with the
902	902	16 Drug Enforcement Administration to delegate the authority to
903	903	17 prescribe controlled substances.
904	904	18 (1) To prescribe Schedule II, III, IV, or V controlled
905	905	19 substances under this Section, a physician assistant must
906	906	20 obtain a mid-level practitioner controlled substances
907	907	21 license. Medication orders issued by a physician assistant
908	908	22 shall be reviewed periodically by the collaborating
909	909	23 physician.
910	910	24 (2) The collaborating physician shall file with the
911	911	25 Department notice of delegation of prescriptive authority
912	912	26 to a physician assistant and termination of delegation,
913	913
914	914
915	915
916	916
917	917
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919	919
920	920
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922	922	HB4637 - 25 - LRB103 35424 SPS 65490 b
923	923	1 specifying the authority delegated or terminated. Upon
924	924	2 receipt of this notice delegating authority to prescribe
925	925	3 controlled substances, the physician assistant shall be
926	926	4 eligible to register for a mid-level practitioner
927	927	5 controlled substances license under Section 303.05 of the
928	928	6 Illinois Controlled Substances Act. Nothing in this Act
929	929	7 shall be construed to limit the delegation of tasks or
930	930	8 duties by the collaborating physician to a nurse or other
931	931	9 appropriately trained persons in accordance with Section
932	932	10 54.2 of the Medical Practice Act of 1987.
933	933	11 (3) In addition to the requirements of this subsection
934	934	12 (b), a collaborating physician may, but is not required
935	935	13 to, delegate authority to a physician assistant to
936	936	14 prescribe Schedule II controlled substances, if all of the
937	937	15 following conditions apply:
938	938	16 (A) Specific Schedule II controlled substances by
939	939	17 oral dosage or topical or transdermal application may
940	940	18 be delegated, provided that the delegated Schedule II
941	941	19 controlled substances are routinely prescribed by the
942	942	20 collaborating physician. This delegation must identify
943	943	21 the specific Schedule II controlled substances by
944	944	22 either brand name or generic name. Schedule II
945	945	23 controlled substances to be delivered by injection or
946	946	24 other route of administration may not be delegated.
947	947	25 (B) (Blank).
948	948	26 (C) Any prescription must be limited to no more
949	949
950	950
951	951
952	952
953	953
954	954	HB4637 - 25 - LRB103 35424 SPS 65490 b
955	955
956	956
957	957	HB4637- 26 -LRB103 35424 SPS 65490 b HB4637 - 26 - LRB103 35424 SPS 65490 b
958	958	HB4637 - 26 - LRB103 35424 SPS 65490 b
959	959	1 than a 30-day supply, with any continuation authorized
960	960	2 only after prior approval of the collaborating
961	961	3 physician.
962	962	4 (D) The physician assistant must discuss the
963	963	5 condition of any patients for whom a controlled
964	964	6 substance is prescribed monthly with the collaborating
965	965	7 physician.
966	966	8 (E) The physician assistant meets the education
967	967	9 requirements of Section 303.05 of the Illinois
968	968	10 Controlled Substances Act.
969	969	11 (c) Nothing in this Act shall be construed to limit the
970	970	12 delegation of tasks or duties by a physician to a licensed
971	971	13 practical nurse, a registered professional nurse, or other
972	972	14 persons. Nothing in this Act shall be construed to limit the
973	973	15 method of delegation that may be authorized by any means,
974	974	16 including, but not limited to, oral, written, electronic,
975	975	17 standing orders, protocols, guidelines, or verbal orders.
976	976	18 Nothing in this Act shall be construed to authorize a
977	977	19 physician assistant to provide health care services required
978	978	20 by law or rule to be performed by a physician. Nothing in this
979	979	21 Act shall be construed to authorize the delegation or
980	980	22 performance of operative surgery. Nothing in this Section
981	981	23 shall be construed to preclude a physician assistant from
982	982	24 assisting in surgery.
983	983	25 (c-5) Nothing in this Section shall be construed to apply
984	984	26 to any medication authority, including Schedule II controlled
985	985
986	986
987	987
988	988
989	989
990	990	HB4637 - 26 - LRB103 35424 SPS 65490 b
991	991
992	992
993	993	HB4637- 27 -LRB103 35424 SPS 65490 b HB4637 - 27 - LRB103 35424 SPS 65490 b
994	994	HB4637 - 27 - LRB103 35424 SPS 65490 b
995	995	1 substances of a licensed physician assistant for care provided
996	996	2 in a hospital, hospital affiliate, federally qualified health
997	997	3 center, or ambulatory surgical treatment center pursuant to
998	998	4 Section 7.7 of this Act, or to a physician assistant
999	999	5 satisfying the requirements of Section 7.9.
1000	1000	6 (d) (Blank).
1001	1001	7 (e) Nothing in this Section shall be construed to prohibit
1002	1002	8 generic substitution.
1003	1003	9 (f) Delegation of prescriptive authority by a physician is
1004	1004	10 not required under this Section.
1005	1005	11 (Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24;
1006	1006	12 revised 9-21-23.)
1007	1007	13 (225 ILCS 95/7.7)
1008	1008	14 (Text of Section before amendment by P.A. 103-65)
1009	1009	15 (Section scheduled to be repealed on January 1, 2028)
1010	1010	16 Sec. 7.7. Physician assistants in hospitals, hospital
1011	1011	17 affiliates, or ambulatory surgical treatment centers.
1012	1012	18 (a) A physician assistant may provide services in a
1013	1013	19 hospital as defined in the Hospital Licensing Act, a hospital
1014	1014	20 affiliate as defined in the University of Illinois Hospital
1015	1015	21 Act, or a licensed ambulatory surgical treatment center as
1016	1016	22 defined in the Ambulatory Surgical Treatment Center Act
1017	1017	23 without a written collaborative agreement pursuant to Section
1018	1018	24 7.5 of this Act. A physician assistant must possess clinical
1019	1019	25 privileges recommended by the hospital medical staff and
1020	1020
1021	1021
1022	1022
1023	1023
1024	1024
1025	1025	HB4637 - 27 - LRB103 35424 SPS 65490 b
1026	1026
1027	1027
1028	1028	HB4637- 28 -LRB103 35424 SPS 65490 b HB4637 - 28 - LRB103 35424 SPS 65490 b
1029	1029	HB4637 - 28 - LRB103 35424 SPS 65490 b
1030	1030	1 granted by the hospital or the consulting medical staff
1031	1031	2 committee and ambulatory surgical treatment center in order to
1032	1032	3 provide services. The medical staff or consulting medical
1033	1033	4 staff committee shall periodically review the services of
1034	1034	5 physician assistants granted clinical privileges, including
1035	1035	6 any care provided in a hospital affiliate. Authority may also
1036	1036	7 be granted when recommended by the hospital medical staff and
1037	1037	8 granted by the hospital or recommended by the consulting
1038	1038	9 medical staff committee and ambulatory surgical treatment
1039	1039	10 center to individual physician assistants to select, order,
1040	1040	11 and administer medications, including controlled substances,
1041	1041	12 to provide delineated care. In a hospital, hospital affiliate,
1042	1042	13 or ambulatory surgical treatment center, the attending
1043	1043	14 physician shall determine a physician assistant's role in
1044	1044	15 providing care for his or her patients, except as otherwise
1045	1045	16 provided in the medical staff bylaws or consulting committee
1046	1046	17 policies.
1047	1047	18 (a-5) Physician assistants practicing in a hospital
1048	1048	19 affiliate may be, but are not required to be, granted
1049	1049	20 authority to prescribe Schedule II through V controlled
1050	1050	21 substances when such authority is recommended by the
1051	1051	22 appropriate physician committee of the hospital affiliate and
1052	1052	23 granted by the hospital affiliate. This authority may, but is
1053	1053	24 not required to, include prescription of, selection of, orders
1054	1054	25 for, administration of, storage of, acceptance of samples of,
1055	1055	26 and dispensing over-the-counter medications, legend drugs,
1056	1056
1057	1057
1058	1058
1059	1059
1060	1060
1061	1061	HB4637 - 28 - LRB103 35424 SPS 65490 b
1062	1062
1063	1063
1064	1064	HB4637- 29 -LRB103 35424 SPS 65490 b HB4637 - 29 - LRB103 35424 SPS 65490 b
1065	1065	HB4637 - 29 - LRB103 35424 SPS 65490 b
1066	1066	1 medical gases, and controlled substances categorized as
1067	1067	2 Schedule II through V controlled substances, as defined in
1068	1068	3 Article II of the Illinois Controlled Substances Act, and
1069	1069	4 other preparations, including, but not limited to, botanical
1070	1070	5 and herbal remedies.
1071	1071	6 To prescribe controlled substances under this subsection
1072	1072	7 (a-5), a physician assistant must obtain a mid-level
1073	1073	8 practitioner controlled substance license. Medication orders
1074	1074	9 shall be reviewed periodically by the appropriate hospital
1075	1075	10 affiliate physicians committee or its physician designee.
1076	1076	11 The hospital affiliate shall file with the Department
1077	1077	12 notice of a grant of prescriptive authority consistent with
1078	1078	13 this subsection (a-5) and termination of such a grant of
1079	1079	14 authority in accordance with rules of the Department. Upon
1080	1080	15 receipt of this notice of grant of authority to prescribe any
1081	1081	16 Schedule II through V controlled substances, the licensed
1082	1082	17 physician assistant may register for a mid-level practitioner
1083	1083	18 controlled substance license under Section 303.05 of the
1084	1084	19 Illinois Controlled Substances Act.
1085	1085	20 In addition, a hospital affiliate may, but is not required
1086	1086	21 to, grant authority to a physician assistant to prescribe any
1087	1087	22 Schedule II controlled substances if all of the following
1088	1088	23 conditions apply:
1089	1089	24 (1) specific Schedule II controlled substances by oral
1090	1090	25 dosage or topical or transdermal application may be
1091	1091	26 designated, provided that the designated Schedule II
1092	1092
1093	1093
1094	1094
1095	1095
1096	1096
1097	1097	HB4637 - 29 - LRB103 35424 SPS 65490 b
1098	1098
1099	1099
1100	1100	HB4637- 30 -LRB103 35424 SPS 65490 b HB4637 - 30 - LRB103 35424 SPS 65490 b
1101	1101	HB4637 - 30 - LRB103 35424 SPS 65490 b
1102	1102	1 controlled substances are routinely prescribed by
1103	1103	2 physician assistants in their area of certification; this
1104	1104	3 grant of authority must identify the specific Schedule II
1105	1105	4 controlled substances by either brand name or generic
1106	1106	5 name; authority to prescribe or dispense Schedule II
1107	1107	6 controlled substances to be delivered by injection or
1108	1108	7 other route of administration may not be granted;
1109	1109	8 (2) any grant of authority must be controlled
1110	1110	9 substances limited to the practice of the physician
1111	1111	10 assistant;
1112	1112	11 (3) any prescription must be limited to no more than a
1113	1113	12 30-day supply;
1114	1114	13 (4) the physician assistant must discuss the condition
1115	1115	14 of any patients for whom a controlled substance is
1116	1116	15 prescribed monthly with the appropriate physician
1117	1117	16 committee of the hospital affiliate or its physician
1118	1118	17 designee; and
1119	1119	18 (5) the physician assistant must meet the education
1120	1120	19 requirements of Section 303.05 of the Illinois Controlled
1121	1121	20 Substances Act.
1122	1122	21 (b) A physician assistant granted authority to order
1123	1123	22 medications including controlled substances may complete
1124	1124	23 discharge prescriptions provided the prescription is in the
1125	1125	24 name of the physician assistant and the attending or
1126	1126	25 discharging physician.
1127	1127	26 (c) Physician assistants practicing in a hospital,
1128	1128
1129	1129
1130	1130
1131	1131
1132	1132
1133	1133	HB4637 - 30 - LRB103 35424 SPS 65490 b
1134	1134
1135	1135
1136	1136	HB4637- 31 -LRB103 35424 SPS 65490 b HB4637 - 31 - LRB103 35424 SPS 65490 b
1137	1137	HB4637 - 31 - LRB103 35424 SPS 65490 b
1138	1138	1 hospital affiliate, or an ambulatory surgical treatment center
1139	1139	2 are not required to obtain a mid-level controlled substance
1140	1140	3 license to order controlled substances under Section 303.05 of
1141	1141	4 the Illinois Controlled Substances Act.
1142	1142	5 (Source: P.A. 100-453, eff. 8-25-17.)
1143	1143	6 (Text of Section after amendment by P.A. 103-65)
1144	1144	7 (Section scheduled to be repealed on January 1, 2028)
1145	1145	8 Sec. 7.7. Physician assistants in hospitals, hospital
1146	1146	9 affiliates, federally qualified health centers, or ambulatory
1147	1147	10 surgical treatment centers.
1148	1148	11 (a) A physician assistant may provide services in a
1149	1149	12 hospital as defined in the Hospital Licensing Act, a hospital
1150	1150	13 affiliate as defined in the University of Illinois Hospital
1151	1151	14 Act, a federally qualified health center, or a licensed
1152	1152	15 ambulatory surgical treatment center as defined in the
1153	1153	16 Ambulatory Surgical Treatment Center Act without a written
1154	1154	17 collaborative agreement pursuant to Section 7.5 of this Act
1155	1155	18 only in accordance with this Section. A physician assistant
1156	1156	19 must possess clinical privileges recommended by (i) the
1157	1157	20 hospital medical staff and granted by the hospital, (ii) the
1158	1158	21 physician committee and federally qualified health center, or
1159	1159	22 (iii) the consulting medical staff committee and ambulatory
1160	1160	23 surgical treatment center in order to provide services. The
1161	1161	24 medical staff, physician committee, or consulting medical
1162	1162	25 staff committee shall periodically review the services of
1163	1163
1164	1164
1165	1165
1166	1166
1167	1167
1168	1168	HB4637 - 31 - LRB103 35424 SPS 65490 b
1169	1169
1170	1170
1171	1171	HB4637- 32 -LRB103 35424 SPS 65490 b HB4637 - 32 - LRB103 35424 SPS 65490 b
1172	1172	HB4637 - 32 - LRB103 35424 SPS 65490 b
1173	1173	1 physician assistants granted clinical privileges, including
1174	1174	2 any care provided in a hospital affiliate or federally
1175	1175	3 qualified health center. A physician assistant practicing
1176	1176	4 under this Section may prescribe, select, order, and
1177	1177	5 administer medications, including controlled substances.
1178	1178	6 Authority may also be granted when recommended by the hospital
1179	1179	7 medical staff and granted by the hospital, recommended by the
1180	1180	8 physician committee and granted by the federally qualified
1181	1181	9 health center, or recommended by the consulting medical staff
1182	1182	10 committee and ambulatory surgical treatment center to
1183	1183	11 individual physician assistants to select, order, and
1184	1184	12 administer medications, including controlled substances, to
1185	1185	13 provide delineated care. In a hospital, hospital affiliate,
1186	1186	14 federally qualified health center, or ambulatory surgical
1187	1187	15 treatment center, the attending physician shall determine a
1188	1188	16 physician assistant's role in providing care for his or her
1189	1189	17 patients, except as otherwise provided in the medical staff
1190	1190	18 bylaws or consulting committee policies.
1191	1191	19 (a-5) Physician assistants practicing in a hospital
1192	1192	20 affiliate or a federally qualified health center may be, but
1193	1193	21 are not required to be, granted authority to prescribe
1194	1194	22 Schedule II through V controlled substances when such
1195	1195	23 authority is recommended by the appropriate physician
1196	1196	24 committee of the hospital affiliate and granted by the
1197	1197	25 hospital affiliate or recommended by the physician committee
1198	1198	26 of the federally qualified health center and granted by the
1199	1199
1200	1200
1201	1201
1202	1202
1203	1203
1204	1204	HB4637 - 32 - LRB103 35424 SPS 65490 b
1205	1205
1206	1206
1207	1207	HB4637- 33 -LRB103 35424 SPS 65490 b HB4637 - 33 - LRB103 35424 SPS 65490 b
1208	1208	HB4637 - 33 - LRB103 35424 SPS 65490 b
1209	1209	1 federally qualified health center. This authority may, but is
1210	1210	2 not required to, include prescription of, selection of, orders
1211	1211	3 for, administration of, storage of, acceptance of samples of,
1212	1212	4 and dispensing over-the-counter medications, legend drugs,
1213	1213	5 medical gases, and controlled substances categorized as
1214	1214	6 Schedule II through V controlled substances, as defined in
1215	1215	7 Article II of the Illinois Controlled Substances Act, and
1216	1216	8 other preparations, including, but not limited to, botanical
1217	1217	9 and herbal remedies.
1218	1218	10 To prescribe controlled substances under this subsection
1219	1219	11 (a-5), a physician assistant must obtain a mid-level
1220	1220	12 practitioner controlled substance license. Medication orders
1221	1221	13 shall be reviewed periodically by the appropriate hospital
1222	1222	14 affiliate physicians committee or its physician designee or by
1223	1223	15 the physician committee of a federally qualified health
1224	1224	16 center.
1225	1225	17 The hospital affiliate or federally qualified health
1226	1226	18 center shall file with the Department notice of a grant of
1227	1227	19 prescriptive authority consistent with this subsection (a-5)
1228	1228	20 and termination of such a grant of authority in accordance
1229	1229	21 with rules of the Department. Upon receipt of this notice of
1230	1230	22 grant of authority to prescribe any Schedule II through V
1231	1231	23 controlled substances, the licensed physician assistant may
1232	1232	24 register for a mid-level practitioner controlled substance
1233	1233	25 license under Section 303.05 of the Illinois Controlled
1234	1234	26 Substances Act.
1235	1235
1236	1236
1237	1237
1238	1238
1239	1239
1240	1240	HB4637 - 33 - LRB103 35424 SPS 65490 b
1241	1241
1242	1242
1243	1243	HB4637- 34 -LRB103 35424 SPS 65490 b HB4637 - 34 - LRB103 35424 SPS 65490 b
1244	1244	HB4637 - 34 - LRB103 35424 SPS 65490 b
1245	1245	1 In addition, a hospital affiliate or a federally qualified
1246	1246	2 health center may, but is not required to, grant authority to a
1247	1247	3 physician assistant to prescribe any Schedule II controlled
1248	1248	4 substances if all of the following conditions apply:
1249	1249	5 (1) specific Schedule II controlled substances by oral
1250	1250	6 dosage or topical or transdermal application may be
1251	1251	7 designated, provided that the designated Schedule II
1252	1252	8 controlled substances are routinely prescribed by
1253	1253	9 physician assistants in their area of certification; this
1254	1254	10 grant of authority must identify the specific Schedule II
1255	1255	11 controlled substances by either brand name or generic
1256	1256	12 name; authority to prescribe or dispense Schedule II
1257	1257	13 controlled substances to be delivered by injection or
1258	1258	14 other route of administration may not be granted;
1259	1259	15 (2) any grant of authority must be controlled
1260	1260	16 substances limited to the practice of the physician
1261	1261	17 assistant;
1262	1262	18 (3) any prescription must be limited to no more than a
1263	1263	19 30-day supply;
1264	1264	20 (4) the physician assistant must discuss the condition
1265	1265	21 of any patients for whom a controlled substance is
1266	1266	22 prescribed monthly with the appropriate physician
1267	1267	23 committee of the hospital affiliate or its physician
1268	1268	24 designee, or the physician committee of a federally
1269	1269	25 qualified health center; and
1270	1270	26 (5) the physician assistant must meet the education
1271	1271
1272	1272
1273	1273
1274	1274
1275	1275
1276	1276	HB4637 - 34 - LRB103 35424 SPS 65490 b
1277	1277
1278	1278
1279	1279	HB4637- 35 -LRB103 35424 SPS 65490 b HB4637 - 35 - LRB103 35424 SPS 65490 b
1280	1280	HB4637 - 35 - LRB103 35424 SPS 65490 b
1281	1281	1 requirements of Section 303.05 of the Illinois Controlled
1282	1282	2 Substances Act.
1283	1283	3 (b) A physician assistant granted authority to order
1284	1284	4 medications including controlled substances may complete
1285	1285	5 discharge prescriptions provided the prescription is in the
1286	1286	6 name of the physician assistant and the attending or
1287	1287	7 discharging physician.
1288	1288	8 (c) Physician assistants practicing in a hospital,
1289	1289	9 hospital affiliate, federally qualified health center, or an
1290	1290	10 ambulatory surgical treatment center are not required to
1291	1291	11 obtain a mid-level controlled substance license to order
1292	1292	12 controlled substances under Section 303.05 of the Illinois
1293	1293	13 Controlled Substances Act.
1294	1294	14 (d) Delegation of prescriptive authority by a physician is
1295	1295	15 not required under this Section.
1296	1296	16 (Source: P.A. 103-65, eff. 1-1-24.)
1297	1297	17 (225 ILCS 95/7.8 new)
1298	1298	18 Sec. 7.8. Prescriptive authority. A physician assistant
1299	1299	19 may prescribe, dispense, order, administer, and procure drugs
1300	1300	20 and medical devices without delegation of authority by a
1301	1301	21 physician. The prescriptive authority may include prescribing
1302	1302	22 Schedule II, III, IV, and V controlled substances. To
1303	1303	23 prescribe Schedule II, III, IV, or V controlled substances
1304	1304	24 under this Act, a physician assistant must obtain a mid-level
1305	1305	25 practitioner controlled substances license. When a written
1306	1306
1307	1307
1308	1308
1309	1309
1310	1310
1311	1311	HB4637 - 35 - LRB103 35424 SPS 65490 b
1312	1312
1313	1313
1314	1314	HB4637- 36 -LRB103 35424 SPS 65490 b HB4637 - 36 - LRB103 35424 SPS 65490 b
1315	1315	HB4637 - 36 - LRB103 35424 SPS 65490 b
1316	1316	1 collaborative agreement is required under this Act, delegation
1317	1317	2 of prescriptive authority by a physician is not required.
1318	1318	3 (225 ILCS 95/7.9 new)
1319	1319	4 Sec. 7.9. Optimal practice.
1320	1320	5 (a) A physician assistant may practice without a written
1321	1321	6 collaborative agreement as described in this Section.
1322	1322	7 (b) A physician assistant who files with the Department a
1323	1323	8 notarized attestation of completion of at least 250 hours of
1324	1324	9 continuing education or training and at least 2,000 hours of
1325	1325	10 clinical experience after first attaining national
1326	1326	11 certification shall not require a written collaborative
1327	1327	12 agreement. Documentation of successful completion shall be
1328	1328	13 provided to the Department upon request.
1329	1329	14 (c) The scope of practice of a physician assistant with
1330	1330	15 optimal practice includes:
1331	1331	16 (1) all matters defined as physician assistant
1332	1332	17 practice;
1333	1333	18 (2) practicing without a written collaborative
1334	1334	19 agreement in all practice settings consistent with this
1335	1335	20 Act;
1336	1336	21 (3) authority to prescribe both legend drugs and
1337	1337	22 Schedule II through V controlled substances, including
1338	1338	23 prescription of, selection of, orders for, administration
1339	1339	24 of, storage of, acceptance of samples of, and dispensing
1340	1340	25 over-the-counter medications, legend drugs, and controlled
1341	1341
1342	1342
1343	1343
1344	1344
1345	1345
1346	1346	HB4637 - 36 - LRB103 35424 SPS 65490 b
1347	1347
1348	1348
1349	1349	HB4637- 37 -LRB103 35424 SPS 65490 b HB4637 - 37 - LRB103 35424 SPS 65490 b
1350	1350	HB4637 - 37 - LRB103 35424 SPS 65490 b
1351	1351	1 substances categorized as any Schedule II through V
1352	1352	2 controlled substances, as defined in Article II of the
1353	1353	3 Illinois Controlled Substances Act, and other
1354	1354	4 preparations, including, but not limited to, botanical and
1355	1355	5 herbal remedies; and
1356	1356	6 (4) authority to obtain an Illinois controlled
1357	1357	7 substance license and a federal Drug Enforcement
1358	1358	8 Administration number.
1359	1359	9 The scope of practice of a physician assistant does not
1360	1360	10 include operative surgery. Nothing in this Section shall be
1361	1361	11 construed to preclude a physician assistant from assisting in
1362	1362	12 surgery or performing other procedures as privileged by the
1363	1363	13 physician assistant's employer.
1364	1364	14 (d) The Department may adopt rules necessary to administer
1365	1365	15 this Section, including, but not limited to, requiring the
1366	1366	16 completion of forms and the payment of fees.
1367	1367	17 (e) Nothing in this Section shall be construed to prohibit
1368	1368	18 a physician assistant's employer from requiring a physician
1369	1369	19 assistant who satisfies the qualifications of subsection (b)
1370	1370	20 to practice with a written collaborative agreement.
1371	1371	21 (f) Nothing in this Act shall be construed to authorize a
1372	1372	22 physician assistant with optimal practice authority to provide
1373	1373	23 health care services required by law or rule to be performed by
1374	1374	24 a physician.
1375	1375	25 (225 ILCS 95/17) (from Ch. 111, par. 4617)
1376	1376
1377	1377
1378	1378
1379	1379
1380	1380
1381	1381	HB4637 - 37 - LRB103 35424 SPS 65490 b
1382	1382
1383	1383
1384	1384	HB4637- 38 -LRB103 35424 SPS 65490 b HB4637 - 38 - LRB103 35424 SPS 65490 b
1385	1385	HB4637 - 38 - LRB103 35424 SPS 65490 b
1386	1386	1 (Section scheduled to be repealed on January 1, 2028)
1387	1387	2 Sec. 17. Inactive status. Any physician assistant who
1388	1388	3 notified the Department in writing on forms prescribed by the
1389	1389	4 Department, may elect to place his or her license on an
1390	1390	5 inactive status and shall, subject to rules of the Department,
1391	1391	6 be excused from payment of renewal fees until he or she
1392	1392	7 notifies the Department in writing of his or her intention to
1393	1393	8 restore the license. Any person who holds an active license or
1394	1394	9 permit issued under the Medical Practice Act of 1987 shall
1395	1395	10 have that license or permit automatically placed into inactive
1396	1396	11 status upon issuance of a physician assistant license. Any
1397	1397	12 person who holds an active license as a physician assistant
1398	1398	13 who is issued a license or permit under the Medical Practice
1399	1399	14 Act of 1987 shall have the physician assistant license
1400	1400	15 automatically placed into inactive status.
1401	1401	16 Any physician assistant requesting restoration from
1402	1402	17 inactive status shall be required to pay the current renewal
1403	1403	18 fee and shall be required to restore his or her license, as
1404	1404	19 provided in Section 16 of this Act.
1405	1405	20 Any physician assistant whose license is in an inactive
1406	1406	21 status shall not practice in the State of Illinois.
1407	1407	22 Any licensee who shall engage in practice while his or her
1408	1408	23 license is lapsed or on inactive status shall be considered to
1409	1409	24 be practicing without a license, which shall be grounds for
1410	1410	25 discipline under Section 21 of this Act.
1411	1411	26 (Source: P.A. 90-61, eff. 12-30-97.)
1412	1412
1413	1413
1414	1414
1415	1415
1416	1416
1417	1417	HB4637 - 38 - LRB103 35424 SPS 65490 b
1418	1418
1419	1419
1420	1420	HB4637- 39 -LRB103 35424 SPS 65490 b HB4637 - 39 - LRB103 35424 SPS 65490 b
1421	1421	HB4637 - 39 - LRB103 35424 SPS 65490 b
1422	1422	1 (225 ILCS 95/20) (from Ch. 111, par. 4620)
1423	1423	2 (Section scheduled to be repealed on January 1, 2028)
1424	1424	3 Sec. 20. Limitations.
1425	1425	4 (a) No corporation, which stated purpose includes, or
1426	1426	5 which practices, or which holds itself out as available to
1427	1427	6 practice as a physician assistant or to practice any of the
1428	1428	7 functions described in Section 4 of this Act, shall be issued a
1429	1429	8 license by the Department, nor shall the Secretary of State
1430	1430	9 approve or accept articles of incorporation for such a
1431	1431	10 corporation.
1432	1432	11 (b) Pursuant to subparagraph (a) of paragraph (2) of
1433	1433	12 Section 3.6 of the Professional Service Corporation Act and
1434	1434	13 Section 2 of the Medical Corporation Act, a person licensed
1435	1435	14 under this Act may not own a corporation for the purposes of
1436	1436	15 practicing medicine.
1437	1437	16 (c) Pursuant to paragraph (2) of subsection (a) of Section
1438	1438	17 13 of the Professional Limited Liability Company Act, a person
1439	1439	18 licensed under this Act may not own a professional limited
1440	1440	19 liability company for the purposes of practicing medicine.
1441	1441	20 (Source: P.A. 85-981.)
1442	1442	21 (225 ILCS 95/21) (from Ch. 111, par. 4621)
1443	1443	22 (Section scheduled to be repealed on January 1, 2028)
1444	1444	23 Sec. 21. Grounds for disciplinary action.
1445	1445	24 (a) The Department may refuse to issue or to renew, or may
1446	1446
1447	1447
1448	1448
1449	1449
1450	1450
1451	1451	HB4637 - 39 - LRB103 35424 SPS 65490 b
1452	1452
1453	1453
1454	1454	HB4637- 40 -LRB103 35424 SPS 65490 b HB4637 - 40 - LRB103 35424 SPS 65490 b
1455	1455	HB4637 - 40 - LRB103 35424 SPS 65490 b
1456	1456	1 revoke, suspend, place on probation, reprimand, or take other
1457	1457	2 disciplinary or non-disciplinary action with regard to any
1458	1458	3 license issued under this Act as the Department may deem
1459	1459	4 proper, including the issuance of fines not to exceed $10,000
1460	1460	5 for each violation, for any one or combination of the
1461	1461	6 following causes:
1462	1462	7 (1) Material misstatement in furnishing information to
1463	1463	8 the Department.
1464	1464	9 (2) Violations of this Act, or the rules adopted under
1465	1465	10 this Act.
1466	1466	11 (3) Conviction by plea of guilty or nolo contendere,
1467	1467	12 finding of guilt, jury verdict, or entry of judgment or
1468	1468	13 sentencing, including, but not limited to, convictions,
1469	1469	14 preceding sentences of supervision, conditional discharge,
1470	1470	15 or first offender probation, under the laws of any
1471	1471	16 jurisdiction of the United States that is: (i) a felony;
1472	1472	17 or (ii) a misdemeanor, an essential element of which is
1473	1473	18 dishonesty, or that is directly related to the practice of
1474	1474	19 the profession.
1475	1475	20 (4) Making any misrepresentation for the purpose of
1476	1476	21 obtaining licenses.
1477	1477	22 (5) Professional incompetence.
1478	1478	23 (6) Aiding or assisting another person in violating
1479	1479	24 any provision of this Act or its rules.
1480	1480	25 (7) Failing, within 60 days, to provide information in
1481	1481	26 response to a written request made by the Department.
1482	1482
1483	1483
1484	1484
1485	1485
1486	1486
1487	1487	HB4637 - 40 - LRB103 35424 SPS 65490 b
1488	1488
1489	1489
1490	1490	HB4637- 41 -LRB103 35424 SPS 65490 b HB4637 - 41 - LRB103 35424 SPS 65490 b
1491	1491	HB4637 - 41 - LRB103 35424 SPS 65490 b
1492	1492	1 (8) Engaging in dishonorable, unethical, or
1493	1493	2 unprofessional conduct, as defined by rule, of a character
1494	1494	3 likely to deceive, defraud, or harm the public.
1495	1495	4 (9) Habitual or excessive use or addiction to alcohol,
1496	1496	5 narcotics, stimulants, or any other chemical agent or drug
1497	1497	6 that results in a physician assistant's inability to
1498	1498	7 practice with reasonable judgment, skill, or safety.
1499	1499	8 (10) Discipline by another U.S. jurisdiction or
1500	1500	9 foreign nation, if at least one of the grounds for
1501	1501	10 discipline is the same or substantially equivalent to
1502	1502	11 those set forth in this Section.
1503	1503	12 (11) Directly or indirectly giving to or receiving
1504	1504	13 from any person, firm, corporation, partnership, or
1505	1505	14 association any fee, commission, rebate or other form of
1506	1506	15 compensation for any professional services not actually or
1507	1507	16 personally rendered. Nothing in this paragraph (11)
1508	1508	17 affects any bona fide independent contractor or employment
1509	1509	18 arrangements, which may include provisions for
1510	1510	19 compensation, health insurance, pension, or other
1511	1511	20 employment benefits, with persons or entities authorized
1512	1512	21 under this Act for the provision of services within the
1513	1513	22 scope of the licensee's practice under this Act.
1514	1514	23 (12) A finding by the Board that the licensee, after
1515	1515	24 having his or her license placed on probationary status,
1516	1516	25 has violated the terms of probation.
1517	1517	26 (13) Abandonment of a patient.
1518	1518
1519	1519
1520	1520
1521	1521
1522	1522
1523	1523	HB4637 - 41 - LRB103 35424 SPS 65490 b
1524	1524
1525	1525
1526	1526	HB4637- 42 -LRB103 35424 SPS 65490 b HB4637 - 42 - LRB103 35424 SPS 65490 b
1527	1527	HB4637 - 42 - LRB103 35424 SPS 65490 b
1528	1528	1 (14) Willfully making or filing false records or
1529	1529	2 reports in his or her practice, including, but not limited
1530	1530	3 to, false records filed with State agencies or
1531	1531	4 departments.
1532	1532	5 (15) Willfully failing to report an instance of
1533	1533	6 suspected child abuse or neglect as required by the Abused
1534	1534	7 and Neglected Child Reporting Act.
1535	1535	8 (16) Physical illness, or mental illness or impairment
1536	1536	9 that results in the inability to practice the profession
1537	1537	10 with reasonable judgment, skill, or safety, including, but
1538	1538	11 not limited to, deterioration through the aging process or
1539	1539	12 loss of motor skill.
1540	1540	13 (17) Being named as a perpetrator in an indicated
1541	1541	14 report by the Department of Children and Family Services
1542	1542	15 under the Abused and Neglected Child Reporting Act, and
1543	1543	16 upon proof by clear and convincing evidence that the
1544	1544	17 licensee has caused a child to be an abused child or
1545	1545	18 neglected child as defined in the Abused and Neglected
1546	1546	19 Child Reporting Act.
1547	1547	20 (18) (Blank).
1548	1548	21 (19) Gross negligence resulting in permanent injury or
1549	1549	22 death of a patient.
1550	1550	23 (20) Employment of fraud, deception or any unlawful
1551	1551	24 means in applying for or securing a license as a physician
1552	1552	25 assistant.
1553	1553	26 (21) Exceeding the authority delegated to him or her
1554	1554
1555	1555
1556	1556
1557	1557
1558	1558
1559	1559	HB4637 - 42 - LRB103 35424 SPS 65490 b
1560	1560
1561	1561
1562	1562	HB4637- 43 -LRB103 35424 SPS 65490 b HB4637 - 43 - LRB103 35424 SPS 65490 b
1563	1563	HB4637 - 43 - LRB103 35424 SPS 65490 b
1564	1564	1 by his or her collaborating physician in a written
1565	1565	2 collaborative agreement, when the agreement is required
1566	1566	3 under this Act.
1567	1567	4 (22) Immoral conduct in the commission of any act,
1568	1568	5 such as sexual abuse, sexual misconduct, or sexual
1569	1569	6 exploitation related to the licensee's practice.
1570	1570	7 (23) Violation of the Health Care Worker Self-Referral
1571	1571	8 Act.
1572	1572	9 (24) Practicing under a false or assumed name, except
1573	1573	10 as provided by law.
1574	1574	11 (25) Making a false or misleading statement regarding
1575	1575	12 his or her skill or the efficacy or value of the medicine,
1576	1576	13 treatment, or remedy prescribed by him or her in the
1577	1577	14 course of treatment.
1578	1578	15 (26) Allowing another person to use his or her license
1579	1579	16 to practice.
1580	1580	17 (27) Prescribing, selling, administering,
1581	1581	18 distributing, giving, or self-administering a drug
1582	1582	19 classified as a controlled substance for other than
1583	1583	20 medically accepted therapeutic purposes.
1584	1584	21 (28) Promotion of the sale of drugs, devices,
1585	1585	22 appliances, or goods provided for a patient in a manner to
1586	1586	23 exploit the patient for financial gain.
1587	1587	24 (29) A pattern of practice or other behavior that
1588	1588	25 demonstrates incapacity or incompetence to practice under
1589	1589	26 this Act.
1590	1590
1591	1591
1592	1592
1593	1593
1594	1594
1595	1595	HB4637 - 43 - LRB103 35424 SPS 65490 b
1596	1596
1597	1597
1598	1598	HB4637- 44 -LRB103 35424 SPS 65490 b HB4637 - 44 - LRB103 35424 SPS 65490 b
1599	1599	HB4637 - 44 - LRB103 35424 SPS 65490 b
1600	1600	1 (30) Violating State or federal laws or regulations
1601	1601	2 relating to controlled substances or other legend drugs or
1602	1602	3 ephedra as defined in the Ephedra Prohibition Act.
1603	1603	4 (31) (Blank). Exceeding the prescriptive authority
1604	1604	5 delegated by the collaborating physician or violating the
1605	1605	6 written collaborative agreement delegating that authority.
1606	1606	7 (32) (Blank). Practicing without providing to the
1607	1607	8 Department a notice of collaboration or delegation of
1608	1608	9 prescriptive authority.
1609	1609	10 (33) Failure to establish and maintain records of
1610	1610	11 patient care and treatment as required by law.
1611	1611	12 (34) Attempting to subvert or cheat on the examination
1612	1612	13 of the National Commission on Certification of Physician
1613	1613	14 Assistants or its successor agency.
1614	1614	15 (35) Willfully or negligently violating the
1615	1615	16 confidentiality between physician assistant and patient,
1616	1616	17 except as required by law.
1617	1617	18 (36) Willfully failing to report an instance of
1618	1618	19 suspected abuse, neglect, financial exploitation, or
1619	1619	20 self-neglect of an eligible adult as defined in and
1620	1620	21 required by the Adult Protective Services Act.
1621	1621	22 (37) Being named as an abuser in a verified report by
1622	1622	23 the Department on Aging under the Adult Protective
1623	1623	24 Services Act and upon proof by clear and convincing
1624	1624	25 evidence that the licensee abused, neglected, or
1625	1625	26 financially exploited an eligible adult as defined in the
1626	1626
1627	1627
1628	1628
1629	1629
1630	1630
1631	1631	HB4637 - 44 - LRB103 35424 SPS 65490 b
1632	1632
1633	1633
1634	1634	HB4637- 45 -LRB103 35424 SPS 65490 b HB4637 - 45 - LRB103 35424 SPS 65490 b
1635	1635	HB4637 - 45 - LRB103 35424 SPS 65490 b
1636	1636	1 Adult Protective Services Act.
1637	1637	2 (38) Failure to report to the Department an adverse
1638	1638	3 final action taken against him or her by another licensing
1639	1639	4 jurisdiction of the United States or a foreign state or
1640	1640	5 country, a peer review body, a health care institution, a
1641	1641	6 professional society or association, a governmental
1642	1642	7 agency, a law enforcement agency, or a court acts or
1643	1643	8 conduct similar to acts or conduct that would constitute
1644	1644	9 grounds for action under this Section.
1645	1645	10 (39) Failure to provide copies of records of patient
1646	1646	11 care or treatment, except as required by law.
1647	1647	12 (40) (Blank). Entering into an excessive number of
1648	1648	13 written collaborative agreements with licensed physicians
1649	1649	14 resulting in an inability to adequately collaborate.
1650	1650	15 (41) (Blank). Repeated failure to adequately
1651	1651	16 collaborate with a collaborating physician.
1652	1652	17 (42) Violating the Compassionate Use of Medical
1653	1653	18 Cannabis Program Act.
1654	1654	19 (b) The Department may, without a hearing, refuse to issue
1655	1655	20 or renew or may suspend the license of any person who fails to
1656	1656	21 file a return, or to pay the tax, penalty or interest shown in
1657	1657	22 a filed return, or to pay any final assessment of the tax,
1658	1658	23 penalty, or interest as required by any tax Act administered
1659	1659	24 by the Illinois Department of Revenue, until such time as the
1660	1660	25 requirements of any such tax Act are satisfied.
1661	1661	26 (b-5) The Department shall not revoke, suspend, summarily
1662	1662
1663	1663
1664	1664
1665	1665
1666	1666
1667	1667	HB4637 - 45 - LRB103 35424 SPS 65490 b
1668	1668
1669	1669
1670	1670	HB4637- 46 -LRB103 35424 SPS 65490 b HB4637 - 46 - LRB103 35424 SPS 65490 b
1671	1671	HB4637 - 46 - LRB103 35424 SPS 65490 b
1672	1672	1 suspend, place on prohibition, reprimand, refuse to issue or
1673	1673	2 renew, or take any other disciplinary or non-disciplinary
1674	1674	3 action against the license or permit issued under this Act to
1675	1675	4 practice as a physician assistant based solely upon the
1676	1676	5 physician assistant providing, authorizing, recommending,
1677	1677	6 aiding, assisting, referring for, or otherwise participating
1678	1678	7 in any health care service, so long as the care was not
1679	1679	8 unlawful under the laws of this State, regardless of whether
1680	1680	9 the patient was a resident of this State or another state.
1681	1681	10 (b-10) The Department shall not revoke, suspend, summarily
1682	1682	11 suspend, place on prohibition, reprimand, refuse to issue or
1683	1683	12 renew, or take any other disciplinary or non-disciplinary
1684	1684	13 action against the license or permit issued under this Act to
1685	1685	14 practice as a physician assistant based upon the physician
1686	1686	15 assistant's license being revoked or suspended, or the
1687	1687	16 physician assistant being otherwise disciplined by any other
1688	1688	17 state, if that revocation, suspension, or other form of
1689	1689	18 discipline was based solely on the physician assistant
1690	1690	19 violating another state's laws prohibiting the provision of,
1691	1691	20 authorization of, recommendation of, aiding or assisting in,
1692	1692	21 referring for, or participation in any health care service if
1693	1693	22 that health care service as provided would not have been
1694	1694	23 unlawful under the laws of this State and is consistent with
1695	1695	24 the standards of conduct for a physician assistant practicing
1696	1696	25 in Illinois.
1697	1697	26 (b-15) The conduct specified in subsections (b-5) and
1698	1698
1699	1699
1700	1700
1701	1701
1702	1702
1703	1703	HB4637 - 46 - LRB103 35424 SPS 65490 b
1704	1704
1705	1705
1706	1706	HB4637- 47 -LRB103 35424 SPS 65490 b HB4637 - 47 - LRB103 35424 SPS 65490 b
1707	1707	HB4637 - 47 - LRB103 35424 SPS 65490 b
1708	1708	1 (b-10) shall not constitute grounds for suspension under
1709	1709	2 Section 22.13.
1710	1710	3 (b-20) An applicant seeking licensure, certification, or
1711	1711	4 authorization pursuant to this Act who has been subject to
1712	1712	5 disciplinary action by a duly authorized professional
1713	1713	6 disciplinary agency of another jurisdiction solely on the
1714	1714	7 basis of having provided, authorized, recommended, aided,
1715	1715	8 assisted, referred for, or otherwise participated in health
1716	1716	9 care shall not be denied such licensure, certification, or
1717	1717	10 authorization, unless the Department determines that such
1718	1718	11 action would have constituted professional misconduct in this
1719	1719	12 State; however, nothing in this Section shall be construed as
1720	1720	13 prohibiting the Department from evaluating the conduct of such
1721	1721	14 applicant and making a determination regarding the licensure,
1722	1722	15 certification, or authorization to practice a profession under
1723	1723	16 this Act.
1724	1724	17 (c) The determination by a circuit court that a licensee
1725	1725	18 is subject to involuntary admission or judicial admission as
1726	1726	19 provided in the Mental Health and Developmental Disabilities
1727	1727	20 Code operates as an automatic suspension. The suspension will
1728	1728	21 end only upon a finding by a court that the patient is no
1729	1729	22 longer subject to involuntary admission or judicial admission
1730	1730	23 and issues an order so finding and discharging the patient,
1731	1731	24 and upon the recommendation of the Board to the Secretary that
1732	1732	25 the licensee be allowed to resume his or her practice.
1733	1733	26 (d) In enforcing this Section, the Department upon a
1734	1734
1735	1735
1736	1736
1737	1737
1738	1738
1739	1739	HB4637 - 47 - LRB103 35424 SPS 65490 b
1740	1740
1741	1741
1742	1742	HB4637- 48 -LRB103 35424 SPS 65490 b HB4637 - 48 - LRB103 35424 SPS 65490 b
1743	1743	HB4637 - 48 - LRB103 35424 SPS 65490 b
1744	1744	1 showing of a possible violation may compel an individual
1745	1745	2 licensed to practice under this Act, or who has applied for
1746	1746	3 licensure under this Act, to submit to a mental or physical
1747	1747	4 examination, or both, which may include a substance abuse or
1748	1748	5 sexual offender evaluation, as required by and at the expense
1749	1749	6 of the Department.
1750	1750	7 The Department shall specifically designate the examining
1751	1751	8 physician licensed to practice medicine in all of its branches
1752	1752	9 or, if applicable, the multidisciplinary team involved in
1753	1753	10 providing the mental or physical examination or both. The
1754	1754	11 multidisciplinary team shall be led by a physician licensed to
1755	1755	12 practice medicine in all of its branches and may consist of one
1756	1756	13 or more or a combination of physicians licensed to practice
1757	1757	14 medicine in all of its branches, licensed clinical
1758	1758	15 psychologists, licensed clinical social workers, licensed
1759	1759	16 clinical professional counselors, and other professional and
1760	1760	17 administrative staff. Any examining physician or member of the
1761	1761	18 multidisciplinary team may require any person ordered to
1762	1762	19 submit to an examination pursuant to this Section to submit to
1763	1763	20 any additional supplemental testing deemed necessary to
1764	1764	21 complete any examination or evaluation process, including, but
1765	1765	22 not limited to, blood testing, urinalysis, psychological
1766	1766	23 testing, or neuropsychological testing.
1767	1767	24 The Department may order the examining physician or any
1768	1768	25 member of the multidisciplinary team to provide to the
1769	1769	26 Department any and all records, including business records,
1770	1770
1771	1771
1772	1772
1773	1773
1774	1774
1775	1775	HB4637 - 48 - LRB103 35424 SPS 65490 b
1776	1776
1777	1777
1778	1778	HB4637- 49 -LRB103 35424 SPS 65490 b HB4637 - 49 - LRB103 35424 SPS 65490 b
1779	1779	HB4637 - 49 - LRB103 35424 SPS 65490 b
1780	1780	1 that relate to the examination and evaluation, including any
1781	1781	2 supplemental testing performed.
1782	1782	3 The Department may order the examining physician or any
1783	1783	4 member of the multidisciplinary team to present testimony
1784	1784	5 concerning the mental or physical examination of the licensee
1785	1785	6 or applicant. No information, report, record, or other
1786	1786	7 documents in any way related to the examination shall be
1787	1787	8 excluded by reason of any common law or statutory privilege
1788	1788	9 relating to communications between the licensee or applicant
1789	1789	10 and the examining physician or any member of the
1790	1790	11 multidisciplinary team. No authorization is necessary from the
1791	1791	12 licensee or applicant ordered to undergo an examination for
1792	1792	13 the examining physician or any member of the multidisciplinary
1793	1793	14 team to provide information, reports, records, or other
1794	1794	15 documents or to provide any testimony regarding the
1795	1795	16 examination and evaluation.
1796	1796	17 The individual to be examined may have, at his or her own
1797	1797	18 expense, another physician of his or her choice present during
1798	1798	19 all aspects of this examination. However, that physician shall
1799	1799	20 be present only to observe and may not interfere in any way
1800	1800	21 with the examination.
1801	1801	22 Failure of an individual to submit to a mental or physical
1802	1802	23 examination, when ordered, shall result in an automatic
1803	1803	24 suspension of his or her license until the individual submits
1804	1804	25 to the examination.
1805	1805	26 If the Department finds an individual unable to practice
1806	1806
1807	1807
1808	1808
1809	1809
1810	1810
1811	1811	HB4637 - 49 - LRB103 35424 SPS 65490 b
1812	1812
1813	1813
1814	1814	HB4637- 50 -LRB103 35424 SPS 65490 b HB4637 - 50 - LRB103 35424 SPS 65490 b
1815	1815	HB4637 - 50 - LRB103 35424 SPS 65490 b
1816	1816	1 because of the reasons set forth in this Section, the
1817	1817	2 Department may require that individual to submit to care,
1818	1818	3 counseling, or treatment by physicians approved or designated
1819	1819	4 by the Department, as a condition, term, or restriction for
1820	1820	5 continued, reinstated, or renewed licensure to practice; or,
1821	1821	6 in lieu of care, counseling, or treatment, the Department may
1822	1822	7 file a complaint to immediately suspend, revoke, or otherwise
1823	1823	8 discipline the license of the individual. An individual whose
1824	1824	9 license was granted, continued, reinstated, renewed,
1825	1825	10 disciplined, or supervised subject to such terms, conditions,
1826	1826	11 or restrictions, and who fails to comply with such terms,
1827	1827	12 conditions, or restrictions, shall be referred to the
1828	1828	13 Secretary for a determination as to whether the individual
1829	1829	14 shall have his or her license suspended immediately, pending a
1830	1830	15 hearing by the Department.
1831	1831	16 In instances in which the Secretary immediately suspends a
1832	1832	17 person's license under this Section, a hearing on that
1833	1833	18 person's license must be convened by the Department within 30
1834	1834	19 days after the suspension and completed without appreciable
1835	1835	20 delay. The Department shall have the authority to review the
1836	1836	21 subject individual's record of treatment and counseling
1837	1837	22 regarding the impairment to the extent permitted by applicable
1838	1838	23 federal statutes and regulations safeguarding the
1839	1839	24 confidentiality of medical records.
1840	1840	25 An individual licensed under this Act and affected under
1841	1841	26 this Section shall be afforded an opportunity to demonstrate
1842	1842
1843	1843
1844	1844
1845	1845
1846	1846
1847	1847	HB4637 - 50 - LRB103 35424 SPS 65490 b
1848	1848
1849	1849
1850	1850	HB4637- 51 -LRB103 35424 SPS 65490 b HB4637 - 51 - LRB103 35424 SPS 65490 b
1851	1851	HB4637 - 51 - LRB103 35424 SPS 65490 b
1852	1852	1 to the Department that he or she can resume practice in
1853	1853	2 compliance with acceptable and prevailing standards under the
1854	1854	3 provisions of his or her license.
1855	1855	4 (e) An individual or organization acting in good faith,
1856	1856	5 and not in a willful and wanton manner, in complying with this
1857	1857	6 Section by providing a report or other information to the
1858	1858	7 Board, by assisting in the investigation or preparation of a
1859	1859	8 report or information, by participating in proceedings of the
1860	1860	9 Board, or by serving as a member of the Board, shall not be
1861	1861	10 subject to criminal prosecution or civil damages as a result
1862	1862	11 of such actions.
1863	1863	12 (f) Members of the Board shall be indemnified by the State
1864	1864	13 for any actions occurring within the scope of services on the
1865	1865	14 Board, done in good faith and not willful and wanton in nature.
1866	1866	15 The Attorney General shall defend all such actions unless he
1867	1867	16 or she determines either that there would be a conflict of
1868	1868	17 interest in such representation or that the actions complained
1869	1869	18 of were not in good faith or were willful and wanton.
1870	1870	19 If the Attorney General declines representation, the
1871	1871	20 member has the right to employ counsel of his or her choice,
1872	1872	21 whose fees shall be provided by the State, after approval by
1873	1873	22 the Attorney General, unless there is a determination by a
1874	1874	23 court that the member's actions were not in good faith or were
1875	1875	24 willful and wanton.
1876	1876	25 The member must notify the Attorney General within 7 days
1877	1877	26 after receipt of notice of the initiation of any action
1878	1878
1879	1879
1880	1880
1881	1881
1882	1882
1883	1883	HB4637 - 51 - LRB103 35424 SPS 65490 b
1884	1884
1885	1885
1886	1886	HB4637- 52 -LRB103 35424 SPS 65490 b HB4637 - 52 - LRB103 35424 SPS 65490 b
1887	1887	HB4637 - 52 - LRB103 35424 SPS 65490 b
1888	1888	1 involving services of the Board. Failure to so notify the
1889	1889	2 Attorney General constitutes an absolute waiver of the right
1890	1890	3 to a defense and indemnification.
1891	1891	4 The Attorney General shall determine, within 7 days after
1892	1892	5 receiving such notice, whether he or she will undertake to
1893	1893	6 represent the member.
1894	1894	7 (g) The Department may adopt rules to implement the
1895	1895	8 changes made by this amendatory Act of the 102nd General
1896	1896	9 Assembly.
1897	1897	10 (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21;
1898	1898	11 102-1117, eff. 1-13-23.)
1899	1899	12 Section 10. The Illinois Controlled Substances Act is
1900	1900	13 amended by changing Sections 102 and 303.05 as follows:
1901	1901	14 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
1902	1902	15 Sec. 102. Definitions. As used in this Act, unless the
1903	1903	16 context otherwise requires:
1904	1904	17 (a) "Addict" means any person who habitually uses any
1905	1905	18 drug, chemical, substance or dangerous drug other than alcohol
1906	1906	19 so as to endanger the public morals, health, safety or welfare
1907	1907	20 or who is so far addicted to the use of a dangerous drug or
1908	1908	21 controlled substance other than alcohol as to have lost the
1909	1909	22 power of self control with reference to his or her addiction.
1910	1910	23 (b) "Administer" means the direct application of a
1911	1911	24 controlled substance, whether by injection, inhalation,
1912	1912
1913	1913
1914	1914
1915	1915
1916	1916
1917	1917	HB4637 - 52 - LRB103 35424 SPS 65490 b
1918	1918
1919	1919
1920	1920	HB4637- 53 -LRB103 35424 SPS 65490 b HB4637 - 53 - LRB103 35424 SPS 65490 b
1921	1921	HB4637 - 53 - LRB103 35424 SPS 65490 b
1922	1922	1 ingestion, or any other means, to the body of a patient,
1923	1923	2 research subject, or animal (as defined by the Humane
1924	1924	3 Euthanasia in Animal Shelters Act) by:
1925	1925	4 (1) a practitioner (or, in his or her presence, by his
1926	1926	5 or her authorized agent),
1927	1927	6 (2) the patient or research subject pursuant to an
1928	1928	7 order, or
1929	1929	8 (3) a euthanasia technician as defined by the Humane
1930	1930	9 Euthanasia in Animal Shelters Act.
1931	1931	10 (c) "Agent" means an authorized person who acts on behalf
1932	1932	11 of or at the direction of a manufacturer, distributor,
1933	1933	12 dispenser, prescriber, or practitioner. It does not include a
1934	1934	13 common or contract carrier, public warehouseman or employee of
1935	1935	14 the carrier or warehouseman.
1936	1936	15 (c-1) "Anabolic Steroids" means any drug or hormonal
1937	1937	16 substance, chemically and pharmacologically related to
1938	1938	17 testosterone (other than estrogens, progestins,
1939	1939	18 corticosteroids, and dehydroepiandrosterone), and includes:
1940	1940	19 (i) 3[beta],17-dihydroxy-5a-androstane,
1941	1941	20 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
1942	1942	21 (iii) 5[alpha]-androstan-3,17-dione,
1943	1943	22 (iv) 1-androstenediol (3[beta],
1944	1944	23 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
1945	1945	24 (v) 1-androstenediol (3[alpha],
1946	1946	25 17[beta]-dihydroxy-5[alpha]-androst-1-ene),
1947	1947	26 (vi) 4-androstenediol
1948	1948
1949	1949
1950	1950
1951	1951
1952	1952
1953	1953	HB4637 - 53 - LRB103 35424 SPS 65490 b
1954	1954
1955	1955
1956	1956	HB4637- 54 -LRB103 35424 SPS 65490 b HB4637 - 54 - LRB103 35424 SPS 65490 b
1957	1957	HB4637 - 54 - LRB103 35424 SPS 65490 b
1958	1958	1 (3[beta],17[beta]-dihydroxy-androst-4-ene),
1959	1959	2 (vii) 5-androstenediol
1960	1960	3 (3[beta],17[beta]-dihydroxy-androst-5-ene),
1961	1961	4 (viii) 1-androstenedione
1962	1962	5 ([5alpha]-androst-1-en-3,17-dione),
1963	1963	6 (ix) 4-androstenedione
1964	1964	7 (androst-4-en-3,17-dione),
1965	1965	8 (x) 5-androstenedione
1966	1966	9 (androst-5-en-3,17-dione),
1967	1967	10 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
1968	1968	11 hydroxyandrost-4-en-3-one),
1969	1969	12 (xii) boldenone (17[beta]-hydroxyandrost-
1970	1970	13 1,4,-diene-3-one),
1971	1971	14 (xiii) boldione (androsta-1,4-
1972	1972	15 diene-3,17-dione),
1973	1973	16 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17
1974	1974	17 [beta]-hydroxyandrost-4-en-3-one),
1975	1975	18 (xv) clostebol (4-chloro-17[beta]-
1976	1976	19 hydroxyandrost-4-en-3-one),
1977	1977	20 (xvi) dehydrochloromethyltestosterone (4-chloro-
1978	1978	21 17[beta]-hydroxy-17[alpha]-methyl-
1979	1979	22 androst-1,4-dien-3-one),
1980	1980	23 (xvii) desoxymethyltestosterone
1981	1981	24 (17[alpha]-methyl-5[alpha]
1982	1982	25 -androst-2-en-17[beta]-ol)(a.k.a., madol),
1983	1983	26 (xviii) [delta]1-dihydrotestosterone (a.k.a.
1984	1984
1985	1985
1986	1986
1987	1987
1988	1988
1989	1989	HB4637 - 54 - LRB103 35424 SPS 65490 b
1990	1990
1991	1991
1992	1992	HB4637- 55 -LRB103 35424 SPS 65490 b HB4637 - 55 - LRB103 35424 SPS 65490 b
1993	1993	HB4637 - 55 - LRB103 35424 SPS 65490 b
1994	1994	1 '1-testosterone') (17[beta]-hydroxy-
1995	1995	2 5[alpha]-androst-1-en-3-one),
1996	1996	3 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-
1997	1997	4 androstan-3-one),
1998	1998	5 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
1999	1999	6 5[alpha]-androstan-3-one),
2000	2000	7 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
2001	2001	8 hydroxyestr-4-ene),
2002	2002	9 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
2003	2003	10 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
2004	2004	11 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
2005	2005	12 17[beta]-dihydroxyandrost-1,4-dien-3-one),
2006	2006	13 (xxiv) furazabol (17[alpha]-methyl-17[beta]-
2007	2007	14 hydroxyandrostano[2,3-c]-furazan),
2008	2008	15 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
2009	2009	16 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
2010	2010	17 androst-4-en-3-one),
2011	2011	18 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
2012	2012	19 dihydroxy-estr-4-en-3-one),
2013	2013	20 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-
2014	2014	21 hydroxy-5-androstan-3-one),
2015	2015	22 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-
2016	2016	23 [5a]-androstan-3-one),
2017	2017	24 (xxx) methandienone (17[alpha]-methyl-17[beta]-
2018	2018	25 hydroxyandrost-1,4-dien-3-one),
2019	2019	26 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
2020	2020
2021	2021
2022	2022
2023	2023
2024	2024
2025	2025	HB4637 - 55 - LRB103 35424 SPS 65490 b
2026	2026
2027	2027
2028	2028	HB4637- 56 -LRB103 35424 SPS 65490 b HB4637 - 56 - LRB103 35424 SPS 65490 b
2029	2029	HB4637 - 56 - LRB103 35424 SPS 65490 b
2030	2030	1 dihydroxyandrost-5-ene),
2031	2031	2 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-
2032	2032	3 5[alpha]-androst-1-en-3-one),
2033	2033	4 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
2034	2034	5 dihydroxy-5a-androstane,
2035	2035	6 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
2036	2036	7 -5a-androstane,
2037	2037	8 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-
2038	2038	9 dihydroxyandrost-4-ene),
2039	2039	10 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
2040	2040	11 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
2041	2041	12 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
2042	2042	13 hydroxyestra-4,9(10)-dien-3-one),
2043	2043	14 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
2044	2044	15 hydroxyestra-4,9-11-trien-3-one),
2045	2045	16 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
2046	2046	17 hydroxyandrost-4-en-3-one),
2047	2047	18 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
2048	2048	19 hydroxyestr-4-en-3-one),
2049	2049	20 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
2050	2050	21 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
2051	2051	22 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
2052	2052	23 1-testosterone'),
2053	2053	24 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
2054	2054	25 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
2055	2055	26 dihydroxyestr-4-ene),
2056	2056
2057	2057
2058	2058
2059	2059
2060	2060
2061	2061	HB4637 - 56 - LRB103 35424 SPS 65490 b
2062	2062
2063	2063
2064	2064	HB4637- 57 -LRB103 35424 SPS 65490 b HB4637 - 57 - LRB103 35424 SPS 65490 b
2065	2065	HB4637 - 57 - LRB103 35424 SPS 65490 b
2066	2066	1 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
2067	2067	2 dihydroxyestr-4-ene),
2068	2068	3 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
2069	2069	4 dihydroxyestr-5-ene),
2070	2070	5 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
2071	2071	6 dihydroxyestr-5-ene),
2072	2072	7 (xlvii) 19-nor-4,9(10)-androstadienedione
2073	2073	8 (estra-4,9(10)-diene-3,17-dione),
2074	2074	9 (xlviii) 19-nor-4-androstenedione (estr-4-
2075	2075	10 en-3,17-dione),
2076	2076	11 (xlix) 19-nor-5-androstenedione (estr-5-
2077	2077	12 en-3,17-dione),
2078	2078	13 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-
2079	2079	14 hydroxygon-4-en-3-one),
2080	2080	15 (li) norclostebol (4-chloro-17[beta]-
2081	2081	16 hydroxyestr-4-en-3-one),
2082	2082	17 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-
2083	2083	18 hydroxyestr-4-en-3-one),
2084	2084	19 (liii) normethandrolone (17[alpha]-methyl-17[beta]-
2085	2085	20 hydroxyestr-4-en-3-one),
2086	2086	21 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2087	2087	22 2-oxa-5[alpha]-androstan-3-one),
2088	2088	23 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
2089	2089	24 dihydroxyandrost-4-en-3-one),
2090	2090	25 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
2091	2091	26 17[beta]-hydroxy-(5[alpha]-androstan-3-one),
2092	2092
2093	2093
2094	2094
2095	2095
2096	2096
2097	2097	HB4637 - 57 - LRB103 35424 SPS 65490 b
2098	2098
2099	2099
2100	2100	HB4637- 58 -LRB103 35424 SPS 65490 b HB4637 - 58 - LRB103 35424 SPS 65490 b
2101	2101	HB4637 - 58 - LRB103 35424 SPS 65490 b
2102	2102	1 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
2103	2103	2 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),
2104	2104	3 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-
2105	2105	4 (5[alpha]-androst-1-en-3-one),
2106	2106	5 (lix) testolactone (13-hydroxy-3-oxo-13,17-
2107	2107	6 secoandrosta-1,4-dien-17-oic
2108	2108	7 acid lactone),
2109	2109	8 (lx) testosterone (17[beta]-hydroxyandrost-
2110	2110	9 4-en-3-one),
2111	2111	10 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
2112	2112	11 diethyl-17[beta]-hydroxygon-
2113	2113	12 4,9,11-trien-3-one),
2114	2114	13 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,
2115	2115	14 11-trien-3-one).
2116	2116	15 Any person who is otherwise lawfully in possession of an
2117	2117	16 anabolic steroid, or who otherwise lawfully manufactures,
2118	2118	17 distributes, dispenses, delivers, or possesses with intent to
2119	2119	18 deliver an anabolic steroid, which anabolic steroid is
2120	2120	19 expressly intended for and lawfully allowed to be administered
2121	2121	20 through implants to livestock or other nonhuman species, and
2122	2122	21 which is approved by the Secretary of Health and Human
2123	2123	22 Services for such administration, and which the person intends
2124	2124	23 to administer or have administered through such implants,
2125	2125	24 shall not be considered to be in unauthorized possession or to
2126	2126	25 unlawfully manufacture, distribute, dispense, deliver, or
2127	2127	26 possess with intent to deliver such anabolic steroid for
2128	2128
2129	2129
2130	2130
2131	2131
2132	2132
2133	2133	HB4637 - 58 - LRB103 35424 SPS 65490 b
2134	2134
2135	2135
2136	2136	HB4637- 59 -LRB103 35424 SPS 65490 b HB4637 - 59 - LRB103 35424 SPS 65490 b
2137	2137	HB4637 - 59 - LRB103 35424 SPS 65490 b
2138	2138	1 purposes of this Act.
2139	2139	2 (d) "Administration" means the Drug Enforcement
2140	2140	3 Administration, United States Department of Justice, or its
2141	2141	4 successor agency.
2142	2142	5 (d-5) "Clinical Director, Prescription Monitoring Program"
2143	2143	6 means a Department of Human Services administrative employee
2144	2144	7 licensed to either prescribe or dispense controlled substances
2145	2145	8 who shall run the clinical aspects of the Department of Human
2146	2146	9 Services Prescription Monitoring Program and its Prescription
2147	2147	10 Information Library.
2148	2148	11 (d-10) "Compounding" means the preparation and mixing of
2149	2149	12 components, excluding flavorings, (1) as the result of a
2150	2150	13 prescriber's prescription drug order or initiative based on
2151	2151	14 the prescriber-patient-pharmacist relationship in the course
2152	2152	15 of professional practice or (2) for the purpose of, or
2153	2153	16 incident to, research, teaching, or chemical analysis and not
2154	2154	17 for sale or dispensing. "Compounding" includes the preparation
2155	2155	18 of drugs or devices in anticipation of receiving prescription
2156	2156	19 drug orders based on routine, regularly observed dispensing
2157	2157	20 patterns. Commercially available products may be compounded
2158	2158	21 for dispensing to individual patients only if both of the
2159	2159	22 following conditions are met: (i) the commercial product is
2160	2160	23 not reasonably available from normal distribution channels in
2161	2161	24 a timely manner to meet the patient's needs and (ii) the
2162	2162	25 prescribing practitioner has requested that the drug be
2163	2163	26 compounded.
2164	2164
2165	2165
2166	2166
2167	2167
2168	2168
2169	2169	HB4637 - 59 - LRB103 35424 SPS 65490 b
2170	2170
2171	2171
2172	2172	HB4637- 60 -LRB103 35424 SPS 65490 b HB4637 - 60 - LRB103 35424 SPS 65490 b
2173	2173	HB4637 - 60 - LRB103 35424 SPS 65490 b
2174	2174	1 (e) "Control" means to add a drug or other substance, or
2175	2175	2 immediate precursor, to a Schedule whether by transfer from
2176	2176	3 another Schedule or otherwise.
2177	2177	4 (f) "Controlled Substance" means (i) a drug, substance,
2178	2178	5 immediate precursor, or synthetic drug in the Schedules of
2179	2179	6 Article II of this Act or (ii) a drug or other substance, or
2180	2180	7 immediate precursor, designated as a controlled substance by
2181	2181	8 the Department through administrative rule. The term does not
2182	2182	9 include distilled spirits, wine, malt beverages, or tobacco,
2183	2183	10 as those terms are defined or used in the Liquor Control Act of
2184	2184	11 1934 and the Tobacco Products Tax Act of 1995.
2185	2185	12 (f-5) "Controlled substance analog" means a substance:
2186	2186	13 (1) the chemical structure of which is substantially
2187	2187	14 similar to the chemical structure of a controlled
2188	2188	15 substance in Schedule I or II;
2189	2189	16 (2) which has a stimulant, depressant, or
2190	2190	17 hallucinogenic effect on the central nervous system that
2191	2191	18 is substantially similar to or greater than the stimulant,
2192	2192	19 depressant, or hallucinogenic effect on the central
2193	2193	20 nervous system of a controlled substance in Schedule I or
2194	2194	21 II; or
2195	2195	22 (3) with respect to a particular person, which such
2196	2196	23 person represents or intends to have a stimulant,
2197	2197	24 depressant, or hallucinogenic effect on the central
2198	2198	25 nervous system that is substantially similar to or greater
2199	2199	26 than the stimulant, depressant, or hallucinogenic effect
2200	2200
2201	2201
2202	2202
2203	2203
2204	2204
2205	2205	HB4637 - 60 - LRB103 35424 SPS 65490 b
2206	2206
2207	2207
2208	2208	HB4637- 61 -LRB103 35424 SPS 65490 b HB4637 - 61 - LRB103 35424 SPS 65490 b
2209	2209	HB4637 - 61 - LRB103 35424 SPS 65490 b
2210	2210	1 on the central nervous system of a controlled substance in
2211	2211	2 Schedule I or II.
2212	2212	3 (g) "Counterfeit substance" means a controlled substance,
2213	2213	4 which, or the container or labeling of which, without
2214	2214	5 authorization bears the trademark, trade name, or other
2215	2215	6 identifying mark, imprint, number or device, or any likeness
2216	2216	7 thereof, of a manufacturer, distributor, or dispenser other
2217	2217	8 than the person who in fact manufactured, distributed, or
2218	2218	9 dispensed the substance.
2219	2219	10 (h) "Deliver" or "delivery" means the actual, constructive
2220	2220	11 or attempted transfer of possession of a controlled substance,
2221	2221	12 with or without consideration, whether or not there is an
2222	2222	13 agency relationship. "Deliver" or "delivery" does not include
2223	2223	14 the donation of drugs to the extent permitted under the
2224	2224	15 Illinois Drug Reuse Opportunity Program Act.
2225	2225	16 (i) "Department" means the Illinois Department of Human
2226	2226	17 Services (as successor to the Department of Alcoholism and
2227	2227	18 Substance Abuse) or its successor agency.
2228	2228	19 (j) (Blank).
2229	2229	20 (k) "Department of Corrections" means the Department of
2230	2230	21 Corrections of the State of Illinois or its successor agency.
2231	2231	22 (l) "Department of Financial and Professional Regulation"
2232	2232	23 means the Department of Financial and Professional Regulation
2233	2233	24 of the State of Illinois or its successor agency.
2234	2234	25 (m) "Depressant" means any drug that (i) causes an overall
2235	2235	26 depression of central nervous system functions, (ii) causes
2236	2236
2237	2237
2238	2238
2239	2239
2240	2240
2241	2241	HB4637 - 61 - LRB103 35424 SPS 65490 b
2242	2242
2243	2243
2244	2244	HB4637- 62 -LRB103 35424 SPS 65490 b HB4637 - 62 - LRB103 35424 SPS 65490 b
2245	2245	HB4637 - 62 - LRB103 35424 SPS 65490 b
2246	2246	1 impaired consciousness and awareness, and (iii) can be
2247	2247	2 habit-forming or lead to a substance abuse problem, including,
2248	2248	3 but not limited to, alcohol, cannabis and its active
2249	2249	4 principles and their analogs, benzodiazepines and their
2250	2250	5 analogs, barbiturates and their analogs, opioids (natural and
2251	2251	6 synthetic) and their analogs, and chloral hydrate and similar
2252	2252	7 sedative hypnotics.
2253	2253	8 (n) (Blank).
2254	2254	9 (o) "Director" means the Director of the Illinois State
2255	2255	10 Police or his or her designated agents.
2256	2256	11 (p) "Dispense" means to deliver a controlled substance to
2257	2257	12 an ultimate user or research subject by or pursuant to the
2258	2258	13 lawful order of a prescriber, including the prescribing,
2259	2259	14 administering, packaging, labeling, or compounding necessary
2260	2260	15 to prepare the substance for that delivery.
2261	2261	16 (q) "Dispenser" means a practitioner who dispenses.
2262	2262	17 (r) "Distribute" means to deliver, other than by
2263	2263	18 administering or dispensing, a controlled substance.
2264	2264	19 (s) "Distributor" means a person who distributes.
2265	2265	20 (t) "Drug" means (1) substances recognized as drugs in the
2266	2266	21 official United States Pharmacopoeia, Official Homeopathic
2267	2267	22 Pharmacopoeia of the United States, or official National
2268	2268	23 Formulary, or any supplement to any of them; (2) substances
2269	2269	24 intended for use in diagnosis, cure, mitigation, treatment, or
2270	2270	25 prevention of disease in man or animals; (3) substances (other
2271	2271	26 than food) intended to affect the structure of any function of
2272	2272
2273	2273
2274	2274
2275	2275
2276	2276
2277	2277	HB4637 - 62 - LRB103 35424 SPS 65490 b
2278	2278
2279	2279
2280	2280	HB4637- 63 -LRB103 35424 SPS 65490 b HB4637 - 63 - LRB103 35424 SPS 65490 b
2281	2281	HB4637 - 63 - LRB103 35424 SPS 65490 b
2282	2282	1 the body of man or animals and (4) substances intended for use
2283	2283	2 as a component of any article specified in clause (1), (2), or
2284	2284	3 (3) of this subsection. It does not include devices or their
2285	2285	4 components, parts, or accessories.
2286	2286	5 (t-3) "Electronic health record" or "EHR" means an
2287	2287	6 electronic record of health-related information on an
2288	2288	7 individual that is created, gathered, managed, and consulted
2289	2289	8 by authorized health care clinicians and staff.
2290	2290	9 (t-3.5) "Electronic health record system" or "EHR system"
2291	2291	10 means any computer-based system or combination of federally
2292	2292	11 certified Health IT Modules (defined at 42 CFR 170.102 or its
2293	2293	12 successor) used as a repository for electronic health records
2294	2294	13 and accessed or updated by a prescriber or authorized
2295	2295	14 surrogate in the ordinary course of his or her medical
2296	2296	15 practice. For purposes of connecting to the Prescription
2297	2297	16 Information Library maintained by the Bureau of Pharmacy and
2298	2298	17 Clinical Support Systems or its successor, an EHR system may
2299	2299	18 connect to the Prescription Information Library directly or
2300	2300	19 through all or part of a computer program or system that is a
2301	2301	20 federally certified Health IT Module maintained by a third
2302	2302	21 party and used by the EHR system to secure access to the
2303	2303	22 database.
2304	2304	23 (t-4) "Emergency medical services personnel" has the
2305	2305	24 meaning ascribed to it in the Emergency Medical Services (EMS)
2306	2306	25 Systems Act.
2307	2307	26 (t-5) "Euthanasia agency" means an entity certified by the
2308	2308
2309	2309
2310	2310
2311	2311
2312	2312
2313	2313	HB4637 - 63 - LRB103 35424 SPS 65490 b
2314	2314
2315	2315
2316	2316	HB4637- 64 -LRB103 35424 SPS 65490 b HB4637 - 64 - LRB103 35424 SPS 65490 b
2317	2317	HB4637 - 64 - LRB103 35424 SPS 65490 b
2318	2318	1 Department of Financial and Professional Regulation for the
2319	2319	2 purpose of animal euthanasia that holds an animal control
2320	2320	3 facility license or animal shelter license under the Animal
2321	2321	4 Welfare Act. A euthanasia agency is authorized to purchase,
2322	2322	5 store, possess, and utilize Schedule II nonnarcotic and
2323	2323	6 Schedule III nonnarcotic drugs for the sole purpose of animal
2324	2324	7 euthanasia.
2325	2325	8 (t-10) "Euthanasia drugs" means Schedule II or Schedule
2326	2326	9 III substances (nonnarcotic controlled substances) that are
2327	2327	10 used by a euthanasia agency for the purpose of animal
2328	2328	11 euthanasia.
2329	2329	12 (u) "Good faith" means the prescribing or dispensing of a
2330	2330	13 controlled substance by a practitioner in the regular course
2331	2331	14 of professional treatment to or for any person who is under his
2332	2332	15 or her treatment for a pathology or condition other than that
2333	2333	16 individual's physical or psychological dependence upon or
2334	2334	17 addiction to a controlled substance, except as provided
2335	2335	18 herein: and application of the term to a pharmacist shall mean
2336	2336	19 the dispensing of a controlled substance pursuant to the
2337	2337	20 prescriber's order which in the professional judgment of the
2338	2338	21 pharmacist is lawful. The pharmacist shall be guided by
2339	2339	22 accepted professional standards, including, but not limited
2340	2340	23 to, the following, in making the judgment:
2341	2341	24 (1) lack of consistency of prescriber-patient
2342	2342	25 relationship,
2343	2343	26 (2) frequency of prescriptions for same drug by one
2344	2344
2345	2345
2346	2346
2347	2347
2348	2348
2349	2349	HB4637 - 64 - LRB103 35424 SPS 65490 b
2350	2350
2351	2351
2352	2352	HB4637- 65 -LRB103 35424 SPS 65490 b HB4637 - 65 - LRB103 35424 SPS 65490 b
2353	2353	HB4637 - 65 - LRB103 35424 SPS 65490 b
2354	2354	1 prescriber for large numbers of patients,
2355	2355	2 (3) quantities beyond those normally prescribed,
2356	2356	3 (4) unusual dosages (recognizing that there may be
2357	2357	4 clinical circumstances where more or less than the usual
2358	2358	5 dose may be used legitimately),
2359	2359	6 (5) unusual geographic distances between patient,
2360	2360	7 pharmacist and prescriber,
2361	2361	8 (6) consistent prescribing of habit-forming drugs.
2362	2362	9 (u-0.5) "Hallucinogen" means a drug that causes markedly
2363	2363	10 altered sensory perception leading to hallucinations of any
2364	2364	11 type.
2365	2365	12 (u-1) "Home infusion services" means services provided by
2366	2366	13 a pharmacy in compounding solutions for direct administration
2367	2367	14 to a patient in a private residence, long-term care facility,
2368	2368	15 or hospice setting by means of parenteral, intravenous,
2369	2369	16 intramuscular, subcutaneous, or intraspinal infusion.
2370	2370	17 (u-5) "Illinois State Police" means the Illinois State
2371	2371	18 Police or its successor agency.
2372	2372	19 (v) "Immediate precursor" means a substance:
2373	2373	20 (1) which the Department has found to be and by rule
2374	2374	21 designated as being a principal compound used, or produced
2375	2375	22 primarily for use, in the manufacture of a controlled
2376	2376	23 substance;
2377	2377	24 (2) which is an immediate chemical intermediary used
2378	2378	25 or likely to be used in the manufacture of such controlled
2379	2379	26 substance; and
2380	2380
2381	2381
2382	2382
2383	2383
2384	2384
2385	2385	HB4637 - 65 - LRB103 35424 SPS 65490 b
2386	2386
2387	2387
2388	2388	HB4637- 66 -LRB103 35424 SPS 65490 b HB4637 - 66 - LRB103 35424 SPS 65490 b
2389	2389	HB4637 - 66 - LRB103 35424 SPS 65490 b
2390	2390	1 (3) the control of which is necessary to prevent,
2391	2391	2 curtail or limit the manufacture of such controlled
2392	2392	3 substance.
2393	2393	4 (w) "Instructional activities" means the acts of teaching,
2394	2394	5 educating or instructing by practitioners using controlled
2395	2395	6 substances within educational facilities approved by the State
2396	2396	7 Board of Education or its successor agency.
2397	2397	8 (x) "Local authorities" means a duly organized State,
2398	2398	9 County or Municipal peace unit or police force.
2399	2399	10 (y) "Look-alike substance" means a substance, other than a
2400	2400	11 controlled substance which (1) by overall dosage unit
2401	2401	12 appearance, including shape, color, size, markings or lack
2402	2402	13 thereof, taste, consistency, or any other identifying physical
2403	2403	14 characteristic of the substance, would lead a reasonable
2404	2404	15 person to believe that the substance is a controlled
2405	2405	16 substance, or (2) is expressly or impliedly represented to be
2406	2406	17 a controlled substance or is distributed under circumstances
2407	2407	18 which would lead a reasonable person to believe that the
2408	2408	19 substance is a controlled substance. For the purpose of
2409	2409	20 determining whether the representations made or the
2410	2410	21 circumstances of the distribution would lead a reasonable
2411	2411	22 person to believe the substance to be a controlled substance
2412	2412	23 under this clause (2) of subsection (y), the court or other
2413	2413	24 authority may consider the following factors in addition to
2414	2414	25 any other factor that may be relevant:
2415	2415	26 (a) statements made by the owner or person in control
2416	2416
2417	2417
2418	2418
2419	2419
2420	2420
2421	2421	HB4637 - 66 - LRB103 35424 SPS 65490 b
2422	2422
2423	2423
2424	2424	HB4637- 67 -LRB103 35424 SPS 65490 b HB4637 - 67 - LRB103 35424 SPS 65490 b
2425	2425	HB4637 - 67 - LRB103 35424 SPS 65490 b
2426	2426	1 of the substance concerning its nature, use or effect;
2427	2427	2 (b) statements made to the buyer or recipient that the
2428	2428	3 substance may be resold for profit;
2429	2429	4 (c) whether the substance is packaged in a manner
2430	2430	5 normally used for the illegal distribution of controlled
2431	2431	6 substances;
2432	2432	7 (d) whether the distribution or attempted distribution
2433	2433	8 included an exchange of or demand for money or other
2434	2434	9 property as consideration, and whether the amount of the
2435	2435	10 consideration was substantially greater than the
2436	2436	11 reasonable retail market value of the substance.
2437	2437	12 Clause (1) of this subsection (y) shall not apply to a
2438	2438	13 noncontrolled substance in its finished dosage form that was
2439	2439	14 initially introduced into commerce prior to the initial
2440	2440	15 introduction into commerce of a controlled substance in its
2441	2441	16 finished dosage form which it may substantially resemble.
2442	2442	17 Nothing in this subsection (y) prohibits the dispensing or
2443	2443	18 distributing of noncontrolled substances by persons authorized
2444	2444	19 to dispense and distribute controlled substances under this
2445	2445	20 Act, provided that such action would be deemed to be carried
2446	2446	21 out in good faith under subsection (u) if the substances
2447	2447	22 involved were controlled substances.
2448	2448	23 Nothing in this subsection (y) or in this Act prohibits
2449	2449	24 the manufacture, preparation, propagation, compounding,
2450	2450	25 processing, packaging, advertising or distribution of a drug
2451	2451	26 or drugs by any person registered pursuant to Section 510 of
2452	2452
2453	2453
2454	2454
2455	2455
2456	2456
2457	2457	HB4637 - 67 - LRB103 35424 SPS 65490 b
2458	2458
2459	2459
2460	2460	HB4637- 68 -LRB103 35424 SPS 65490 b HB4637 - 68 - LRB103 35424 SPS 65490 b
2461	2461	HB4637 - 68 - LRB103 35424 SPS 65490 b
2462	2462	1 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
2463	2463	2 (y-1) "Mail-order pharmacy" means a pharmacy that is
2464	2464	3 located in a state of the United States that delivers,
2465	2465	4 dispenses or distributes, through the United States Postal
2466	2466	5 Service or other common carrier, to Illinois residents, any
2467	2467	6 substance which requires a prescription.
2468	2468	7 (z) "Manufacture" means the production, preparation,
2469	2469	8 propagation, compounding, conversion or processing of a
2470	2470	9 controlled substance other than methamphetamine, either
2471	2471	10 directly or indirectly, by extraction from substances of
2472	2472	11 natural origin, or independently by means of chemical
2473	2473	12 synthesis, or by a combination of extraction and chemical
2474	2474	13 synthesis, and includes any packaging or repackaging of the
2475	2475	14 substance or labeling of its container, except that this term
2476	2476	15 does not include:
2477	2477	16 (1) by an ultimate user, the preparation or
2478	2478	17 compounding of a controlled substance for his or her own
2479	2479	18 use;
2480	2480	19 (2) by a practitioner, or his or her authorized agent
2481	2481	20 under his or her supervision, the preparation,
2482	2482	21 compounding, packaging, or labeling of a controlled
2483	2483	22 substance:
2484	2484	23 (a) as an incident to his or her administering or
2485	2485	24 dispensing of a controlled substance in the course of
2486	2486	25 his or her professional practice; or
2487	2487	26 (b) as an incident to lawful research, teaching or
2488	2488
2489	2489
2490	2490
2491	2491
2492	2492
2493	2493	HB4637 - 68 - LRB103 35424 SPS 65490 b
2494	2494
2495	2495
2496	2496	HB4637- 69 -LRB103 35424 SPS 65490 b HB4637 - 69 - LRB103 35424 SPS 65490 b
2497	2497	HB4637 - 69 - LRB103 35424 SPS 65490 b
2498	2498	1 chemical analysis and not for sale; or
2499	2499	2 (3) the packaging, repackaging, or labeling of drugs
2500	2500	3 only to the extent permitted under the Illinois Drug Reuse
2501	2501	4 Opportunity Program Act.
2502	2502	5 (z-1) (Blank).
2503	2503	6 (z-5) "Medication shopping" means the conduct prohibited
2504	2504	7 under subsection (a) of Section 314.5 of this Act.
2505	2505	8 (z-10) "Mid-level practitioner" means (i) a physician
2506	2506	9 assistant who has been delegated authority to prescribe
2507	2507	10 through a written delegation of authority by a physician
2508	2508	11 licensed to practice medicine in all of its branches, in
2509	2509	12 accordance with Section 7.5 of the Physician Assistant
2510	2510	13 Practice Act of 1987, (ii) an advanced practice registered
2511	2511	14 nurse who has been delegated authority to prescribe through a
2512	2512	15 written delegation of authority by a physician licensed to
2513	2513	16 practice medicine in all of its branches or by a podiatric
2514	2514	17 physician, in accordance with Section 65-40 of the Nurse
2515	2515	18 Practice Act, (iii) an advanced practice registered nurse
2516	2516	19 certified as a nurse practitioner, nurse midwife, or clinical
2517	2517	20 nurse specialist who has been granted authority to prescribe
2518	2518	21 by a hospital affiliate in accordance with Section 65-45 of
2519	2519	22 the Nurse Practice Act, (iv) an animal euthanasia agency, or
2520	2520	23 (v) a prescribing psychologist.
2521	2521	24 (aa) "Narcotic drug" means any of the following, whether
2522	2522	25 produced directly or indirectly by extraction from substances
2523	2523	26 of vegetable origin, or independently by means of chemical
2524	2524
2525	2525
2526	2526
2527	2527
2528	2528
2529	2529	HB4637 - 69 - LRB103 35424 SPS 65490 b
2530	2530
2531	2531
2532	2532	HB4637- 70 -LRB103 35424 SPS 65490 b HB4637 - 70 - LRB103 35424 SPS 65490 b
2533	2533	HB4637 - 70 - LRB103 35424 SPS 65490 b
2534	2534	1 synthesis, or by a combination of extraction and chemical
2535	2535	2 synthesis:
2536	2536	3 (1) opium, opiates, derivatives of opium and opiates,
2537	2537	4 including their isomers, esters, ethers, salts, and salts
2538	2538	5 of isomers, esters, and ethers, whenever the existence of
2539	2539	6 such isomers, esters, ethers, and salts is possible within
2540	2540	7 the specific chemical designation; however the term
2541	2541	8 "narcotic drug" does not include the isoquinoline
2542	2542	9 alkaloids of opium;
2543	2543	10 (2) (blank);
2544	2544	11 (3) opium poppy and poppy straw;
2545	2545	12 (4) coca leaves, except coca leaves and extracts of
2546	2546	13 coca leaves from which substantially all of the cocaine
2547	2547	14 and ecgonine, and their isomers, derivatives and salts,
2548	2548	15 have been removed;
2549	2549	16 (5) cocaine, its salts, optical and geometric isomers,
2550	2550	17 and salts of isomers;
2551	2551	18 (6) ecgonine, its derivatives, their salts, isomers,
2552	2552	19 and salts of isomers;
2553	2553	20 (7) any compound, mixture, or preparation which
2554	2554	21 contains any quantity of any of the substances referred to
2555	2555	22 in subparagraphs (1) through (6).
2556	2556	23 (bb) "Nurse" means a registered nurse licensed under the
2557	2557	24 Nurse Practice Act.
2558	2558	25 (cc) (Blank).
2559	2559	26 (dd) "Opiate" means any substance having an addiction
2560	2560
2561	2561
2562	2562
2563	2563
2564	2564
2565	2565	HB4637 - 70 - LRB103 35424 SPS 65490 b
2566	2566
2567	2567
2568	2568	HB4637- 71 -LRB103 35424 SPS 65490 b HB4637 - 71 - LRB103 35424 SPS 65490 b
2569	2569	HB4637 - 71 - LRB103 35424 SPS 65490 b
2570	2570	1 forming or addiction sustaining liability similar to morphine
2571	2571	2 or being capable of conversion into a drug having addiction
2572	2572	3 forming or addiction sustaining liability.
2573	2573	4 (ee) "Opium poppy" means the plant of the species Papaver
2574	2574	5 somniferum L., except its seeds.
2575	2575	6 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
2576	2576	7 solution or other liquid form of medication intended for
2577	2577	8 administration by mouth, but the term does not include a form
2578	2578	9 of medication intended for buccal, sublingual, or transmucosal
2579	2579	10 administration.
2580	2580	11 (ff) "Parole and Pardon Board" means the Parole and Pardon
2581	2581	12 Board of the State of Illinois or its successor agency.
2582	2582	13 (gg) "Person" means any individual, corporation,
2583	2583	14 mail-order pharmacy, government or governmental subdivision or
2584	2584	15 agency, business trust, estate, trust, partnership or
2585	2585	16 association, or any other entity.
2586	2586	17 (hh) "Pharmacist" means any person who holds a license or
2587	2587	18 certificate of registration as a registered pharmacist, a
2588	2588	19 local registered pharmacist or a registered assistant
2589	2589	20 pharmacist under the Pharmacy Practice Act.
2590	2590	21 (ii) "Pharmacy" means any store, ship or other place in
2591	2591	22 which pharmacy is authorized to be practiced under the
2592	2592	23 Pharmacy Practice Act.
2593	2593	24 (ii-5) "Pharmacy shopping" means the conduct prohibited
2594	2594	25 under subsection (b) of Section 314.5 of this Act.
2595	2595	26 (ii-10) "Physician" (except when the context otherwise
2596	2596
2597	2597
2598	2598
2599	2599
2600	2600
2601	2601	HB4637 - 71 - LRB103 35424 SPS 65490 b
2602	2602
2603	2603
2604	2604	HB4637- 72 -LRB103 35424 SPS 65490 b HB4637 - 72 - LRB103 35424 SPS 65490 b
2605	2605	HB4637 - 72 - LRB103 35424 SPS 65490 b
2606	2606	1 requires) means a person licensed to practice medicine in all
2607	2607	2 of its branches.
2608	2608	3 (jj) "Poppy straw" means all parts, except the seeds, of
2609	2609	4 the opium poppy, after mowing.
2610	2610	5 (kk) "Practitioner" means a physician licensed to practice
2611	2611	6 medicine in all its branches, dentist, optometrist, podiatric
2612	2612	7 physician, veterinarian, scientific investigator, pharmacist,
2613	2613	8 physician assistant, advanced practice registered nurse,
2614	2614	9 licensed practical nurse, registered nurse, emergency medical
2615	2615	10 services personnel, hospital, laboratory, or pharmacy, or
2616	2616	11 other person licensed, registered, or otherwise lawfully
2617	2617	12 permitted by the United States or this State to distribute,
2618	2618	13 dispense, conduct research with respect to, administer or use
2619	2619	14 in teaching or chemical analysis, a controlled substance in
2620	2620	15 the course of professional practice or research.
2621	2621	16 (ll) "Pre-printed prescription" means a written
2622	2622	17 prescription upon which the designated drug has been indicated
2623	2623	18 prior to the time of issuance; the term does not mean a written
2624	2624	19 prescription that is individually generated by machine or
2625	2625	20 computer in the prescriber's office.
2626	2626	21 (mm) "Prescriber" means a physician licensed to practice
2627	2627	22 medicine in all its branches, dentist, optometrist,
2628	2628	23 prescribing psychologist licensed under Section 4.2 of the
2629	2629	24 Clinical Psychologist Licensing Act with prescriptive
2630	2630	25 authority delegated under Section 4.3 of the Clinical
2631	2631	26 Psychologist Licensing Act, podiatric physician, or
2632	2632
2633	2633
2634	2634
2635	2635
2636	2636
2637	2637	HB4637 - 72 - LRB103 35424 SPS 65490 b
2638	2638
2639	2639
2640	2640	HB4637- 73 -LRB103 35424 SPS 65490 b HB4637 - 73 - LRB103 35424 SPS 65490 b
2641	2641	HB4637 - 73 - LRB103 35424 SPS 65490 b
2642	2642	1 veterinarian who issues a prescription, a physician assistant
2643	2643	2 who issues a prescription for a controlled substance in
2644	2644	3 accordance with Section 303.05, a written delegation, and a
2645	2645	4 written collaborative agreement required under Section 7.5 of
2646	2646	5 the Physician Assistant Practice Act of 1987, an advanced
2647	2647	6 practice registered nurse with prescriptive authority
2648	2648	7 delegated under Section 65-40 of the Nurse Practice Act and in
2649	2649	8 accordance with Section 303.05, a written delegation, and a
2650	2650	9 written collaborative agreement under Section 65-35 of the
2651	2651	10 Nurse Practice Act, an advanced practice registered nurse
2652	2652	11 certified as a nurse practitioner, nurse midwife, or clinical
2653	2653	12 nurse specialist who has been granted authority to prescribe
2654	2654	13 by a hospital affiliate in accordance with Section 65-45 of
2655	2655	14 the Nurse Practice Act and in accordance with Section 303.05,
2656	2656	15 or an advanced practice registered nurse certified as a nurse
2657	2657	16 practitioner, nurse midwife, or clinical nurse specialist who
2658	2658	17 has full practice authority pursuant to Section 65-43 of the
2659	2659	18 Nurse Practice Act.
2660	2660	19 (nn) "Prescription" means a written, facsimile, or oral
2661	2661	20 order, or an electronic order that complies with applicable
2662	2662	21 federal requirements, of a physician licensed to practice
2663	2663	22 medicine in all its branches, dentist, podiatric physician or
2664	2664	23 veterinarian for any controlled substance, of an optometrist
2665	2665	24 in accordance with Section 15.1 of the Illinois Optometric
2666	2666	25 Practice Act of 1987, of a prescribing psychologist licensed
2667	2667	26 under Section 4.2 of the Clinical Psychologist Licensing Act
2668	2668
2669	2669
2670	2670
2671	2671
2672	2672
2673	2673	HB4637 - 73 - LRB103 35424 SPS 65490 b
2674	2674
2675	2675
2676	2676	HB4637- 74 -LRB103 35424 SPS 65490 b HB4637 - 74 - LRB103 35424 SPS 65490 b
2677	2677	HB4637 - 74 - LRB103 35424 SPS 65490 b
2678	2678	1 with prescriptive authority delegated under Section 4.3 of the
2679	2679	2 Clinical Psychologist Licensing Act, of a physician assistant
2680	2680	3 for a controlled substance in accordance with Section 303.05,
2681	2681	4 a written delegation, and a written collaborative agreement
2682	2682	5 required under Section 7.5 of the Physician Assistant Practice
2683	2683	6 Act of 1987, of an advanced practice registered nurse with
2684	2684	7 prescriptive authority delegated under Section 65-40 of the
2685	2685	8 Nurse Practice Act who issues a prescription for a controlled
2686	2686	9 substance in accordance with Section 303.05, a written
2687	2687	10 delegation, and a written collaborative agreement under
2688	2688	11 Section 65-35 of the Nurse Practice Act, of an advanced
2689	2689	12 practice registered nurse certified as a nurse practitioner,
2690	2690	13 nurse midwife, or clinical nurse specialist who has been
2691	2691	14 granted authority to prescribe by a hospital affiliate in
2692	2692	15 accordance with Section 65-45 of the Nurse Practice Act and in
2693	2693	16 accordance with Section 303.05 when required by law, or of an
2694	2694	17 advanced practice registered nurse certified as a nurse
2695	2695	18 practitioner, nurse midwife, or clinical nurse specialist who
2696	2696	19 has full practice authority pursuant to Section 65-43 of the
2697	2697	20 Nurse Practice Act.
2698	2698	21 (nn-5) "Prescription Information Library" (PIL) means an
2699	2699	22 electronic library that contains reported controlled substance
2700	2700	23 data.
2701	2701	24 (nn-10) "Prescription Monitoring Program" (PMP) means the
2702	2702	25 entity that collects, tracks, and stores reported data on
2703	2703	26 controlled substances and select drugs pursuant to Section
2704	2704
2705	2705
2706	2706
2707	2707
2708	2708
2709	2709	HB4637 - 74 - LRB103 35424 SPS 65490 b
2710	2710
2711	2711
2712	2712	HB4637- 75 -LRB103 35424 SPS 65490 b HB4637 - 75 - LRB103 35424 SPS 65490 b
2713	2713	HB4637 - 75 - LRB103 35424 SPS 65490 b
2714	2714	1 316.
2715	2715	2 (oo) "Production" or "produce" means manufacture,
2716	2716	3 planting, cultivating, growing, or harvesting of a controlled
2717	2717	4 substance other than methamphetamine.
2718	2718	5 (pp) "Registrant" means every person who is required to
2719	2719	6 register under Section 302 of this Act.
2720	2720	7 (qq) "Registry number" means the number assigned to each
2721	2721	8 person authorized to handle controlled substances under the
2722	2722	9 laws of the United States and of this State.
2723	2723	10 (qq-5) "Secretary" means, as the context requires, either
2724	2724	11 the Secretary of the Department or the Secretary of the
2725	2725	12 Department of Financial and Professional Regulation, and the
2726	2726	13 Secretary's designated agents.
2727	2727	14 (rr) "State" includes the State of Illinois and any state,
2728	2728	15 district, commonwealth, territory, insular possession thereof,
2729	2729	16 and any area subject to the legal authority of the United
2730	2730	17 States of America.
2731	2731	18 (rr-5) "Stimulant" means any drug that (i) causes an
2732	2732	19 overall excitation of central nervous system functions, (ii)
2733	2733	20 causes impaired consciousness and awareness, and (iii) can be
2734	2734	21 habit-forming or lead to a substance abuse problem, including,
2735	2735	22 but not limited to, amphetamines and their analogs,
2736	2736	23 methylphenidate and its analogs, cocaine, and phencyclidine
2737	2737	24 and its analogs.
2738	2738	25 (rr-10) "Synthetic drug" includes, but is not limited to,
2739	2739	26 any synthetic cannabinoids or piperazines or any synthetic
2740	2740
2741	2741
2742	2742
2743	2743
2744	2744
2745	2745	HB4637 - 75 - LRB103 35424 SPS 65490 b
2746	2746
2747	2747
2748	2748	HB4637- 76 -LRB103 35424 SPS 65490 b HB4637 - 76 - LRB103 35424 SPS 65490 b
2749	2749	HB4637 - 76 - LRB103 35424 SPS 65490 b
2750	2750	1 cathinones as provided for in Schedule I.
2751	2751	2 (ss) "Ultimate user" means a person who lawfully possesses
2752	2752	3 a controlled substance for his or her own use or for the use of
2753	2753	4 a member of his or her household or for administering to an
2754	2754	5 animal owned by him or her or by a member of his or her
2755	2755	6 household.
2756	2756	7 (Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
2757	2757	8 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
2758	2758	9 (720 ILCS 570/303.05)
2759	2759	10 Sec. 303.05. Mid-level practitioner registration.
2760	2760	11 (a) The Department of Financial and Professional
2761	2761	12 Regulation shall register licensed physician assistants,
2762	2762	13 licensed advanced practice registered nurses, and prescribing
2763	2763	14 psychologists licensed under Section 4.2 of the Clinical
2764	2764	15 Psychologist Licensing Act to prescribe and dispense
2765	2765	16 controlled substances under Section 303 and euthanasia
2766	2766	17 agencies to purchase, store, or administer animal euthanasia
2767	2767	18 drugs under the following circumstances:
2768	2768	19 (1) with respect to physician assistants,
2769	2769	20 (A) the physician assistant has been delegated
2770	2770	21 written authority to prescribe any Schedule III
2771	2771	22 through V controlled substances by a physician
2772	2772	23 licensed to practice medicine in all its branches in
2773	2773	24 accordance with Section 7.5 of the Physician Assistant
2774	2774	25 Practice Act of 1987; and the physician assistant has
2775	2775
2776	2776
2777	2777
2778	2778
2779	2779
2780	2780	HB4637 - 76 - LRB103 35424 SPS 65490 b
2781	2781
2782	2782
2783	2783	HB4637- 77 -LRB103 35424 SPS 65490 b HB4637 - 77 - LRB103 35424 SPS 65490 b
2784	2784	HB4637 - 77 - LRB103 35424 SPS 65490 b
2785	2785	1 completed the appropriate application forms and has
2786	2786	2 paid the required fees as set by rule; or
2787	2787	3 (B) the physician assistant has been delegated
2788	2788	4 authority by a collaborating physician licensed to
2789	2789	5 practice medicine in all its branches to prescribe or
2790	2790	6 dispense Schedule II controlled substances through a
2791	2791	7 written delegation of authority and under the
2792	2792	8 following conditions:
2793	2793	9 (i) Specific Schedule II controlled substances
2794	2794	10 by oral dosage or topical or transdermal
2795	2795	11 application may be delegated, provided that the
2796	2796	12 delegated Schedule II controlled substances are
2797	2797	13 routinely prescribed by the collaborating
2798	2798	14 physician. This delegation must identify the
2799	2799	15 specific Schedule II controlled substances by
2800	2800	16 either brand name or generic name. Schedule II
2801	2801	17 controlled substances to be delivered by injection
2802	2802	18 or other route of administration may not be
2803	2803	19 delegated;
2804	2804	20 (ii) any delegation must be of controlled
2805	2805	21 substances prescribed by the collaborating
2806	2806	22 physician;
2807	2807	23 (iii) all prescriptions must be limited to no
2808	2808	24 more than a 30-day supply, with any continuation
2809	2809	25 authorized only after prior approval of the
2810	2810	26 collaborating physician;
2811	2811
2812	2812
2813	2813
2814	2814
2815	2815
2816	2816	HB4637 - 77 - LRB103 35424 SPS 65490 b
2817	2817
2818	2818
2819	2819	HB4637- 78 -LRB103 35424 SPS 65490 b HB4637 - 78 - LRB103 35424 SPS 65490 b
2820	2820	HB4637 - 78 - LRB103 35424 SPS 65490 b
2821	2821	1 (iv) the physician assistant must discuss the
2822	2822	2 condition of any patients for whom a controlled
2823	2823	3 substance is prescribed monthly with the
2824	2824	4 delegating physician;
2825	2825	5 (A) (v) the physician assistant must have
2826	2826	6 completed the appropriate application forms and paid
2827	2827	7 the required fees as set by rule;
2828	2828	8 (B) (vi) the physician assistant must provide
2829	2829	9 evidence of satisfactory completion of 45 contact
2830	2830	10 hours in pharmacology from any physician assistant
2831	2831	11 program accredited by the Accreditation Review
2832	2832	12 Commission on Education for the Physician Assistant
2833	2833	13 (ARC-PA), or its predecessor agency, for any new
2834	2834	14 license issued with Schedule II authority after the
2835	2835	15 effective date of this amendatory Act of the 97th
2836	2836	16 General Assembly; and
2837	2837	17 (C) (vii) the physician assistant must annually
2838	2838	18 complete at least 5 hours of continuing education in
2839	2839	19 pharmacology;
2840	2840	20 (2) with respect to advanced practice registered
2841	2841	21 nurses who do not meet the requirements of Section 65-43
2842	2842	22 of the Nurse Practice Act,
2843	2843	23 (A) the advanced practice registered nurse has
2844	2844	24 been delegated authority to prescribe any Schedule III
2845	2845	25 through V controlled substances by a collaborating
2846	2846	26 physician licensed to practice medicine in all its
2847	2847
2848	2848
2849	2849
2850	2850
2851	2851
2852	2852	HB4637 - 78 - LRB103 35424 SPS 65490 b
2853	2853
2854	2854
2855	2855	HB4637- 79 -LRB103 35424 SPS 65490 b HB4637 - 79 - LRB103 35424 SPS 65490 b
2856	2856	HB4637 - 79 - LRB103 35424 SPS 65490 b
2857	2857	1 branches or a collaborating podiatric physician in
2858	2858	2 accordance with Section 65-40 of the Nurse Practice
2859	2859	3 Act. The advanced practice registered nurse has
2860	2860	4 completed the appropriate application forms and has
2861	2861	5 paid the required fees as set by rule; or
2862	2862	6 (B) the advanced practice registered nurse has
2863	2863	7 been delegated authority by a collaborating physician
2864	2864	8 licensed to practice medicine in all its branches to
2865	2865	9 prescribe or dispense Schedule II controlled
2866	2866	10 substances through a written delegation of authority
2867	2867	11 and under the following conditions:
2868	2868	12 (i) specific Schedule II controlled substances
2869	2869	13 by oral dosage or topical or transdermal
2870	2870	14 application may be delegated, provided that the
2871	2871	15 delegated Schedule II controlled substances are
2872	2872	16 routinely prescribed by the collaborating
2873	2873	17 physician. This delegation must identify the
2874	2874	18 specific Schedule II controlled substances by
2875	2875	19 either brand name or generic name. Schedule II
2876	2876	20 controlled substances to be delivered by injection
2877	2877	21 or other route of administration may not be
2878	2878	22 delegated;
2879	2879	23 (ii) any delegation must be of controlled
2880	2880	24 substances prescribed by the collaborating
2881	2881	25 physician;
2882	2882	26 (iii) all prescriptions must be limited to no
2883	2883
2884	2884
2885	2885
2886	2886
2887	2887
2888	2888	HB4637 - 79 - LRB103 35424 SPS 65490 b
2889	2889
2890	2890
2891	2891	HB4637- 80 -LRB103 35424 SPS 65490 b HB4637 - 80 - LRB103 35424 SPS 65490 b
2892	2892	HB4637 - 80 - LRB103 35424 SPS 65490 b
2893	2893	1 more than a 30-day supply, with any continuation
2894	2894	2 authorized only after prior approval of the
2895	2895	3 collaborating physician;
2896	2896	4 (iv) the advanced practice registered nurse
2897	2897	5 must discuss the condition of any patients for
2898	2898	6 whom a controlled substance is prescribed monthly
2899	2899	7 with the delegating physician or in the course of
2900	2900	8 review as required by Section 65-40 of the Nurse
2901	2901	9 Practice Act;
2902	2902	10 (v) the advanced practice registered nurse
2903	2903	11 must have completed the appropriate application
2904	2904	12 forms and paid the required fees as set by rule;
2905	2905	13 (vi) the advanced practice registered nurse
2906	2906	14 must provide evidence of satisfactory completion
2907	2907	15 of at least 45 graduate contact hours in
2908	2908	16 pharmacology for any new license issued with
2909	2909	17 Schedule II authority after the effective date of
2910	2910	18 this amendatory Act of the 97th General Assembly;
2911	2911	19 and
2912	2912	20 (vii) the advanced practice registered nurse
2913	2913	21 must annually complete 5 hours of continuing
2914	2914	22 education in pharmacology;
2915	2915	23 (2.5) with respect to advanced practice registered
2916	2916	24 nurses certified as nurse practitioners, nurse midwives,
2917	2917	25 or clinical nurse specialists who do not meet the
2918	2918	26 requirements of Section 65-43 of the Nurse Practice Act
2919	2919
2920	2920
2921	2921
2922	2922
2923	2923
2924	2924	HB4637 - 80 - LRB103 35424 SPS 65490 b
2925	2925
2926	2926
2927	2927	HB4637- 81 -LRB103 35424 SPS 65490 b HB4637 - 81 - LRB103 35424 SPS 65490 b
2928	2928	HB4637 - 81 - LRB103 35424 SPS 65490 b
2929	2929	1 practicing in a hospital affiliate,
2930	2930	2 (A) the advanced practice registered nurse
2931	2931	3 certified as a nurse practitioner, nurse midwife, or
2932	2932	4 clinical nurse specialist has been privileged to
2933	2933	5 prescribe any Schedule II through V controlled
2934	2934	6 substances by the hospital affiliate upon the
2935	2935	7 recommendation of the appropriate physician committee
2936	2936	8 of the hospital affiliate in accordance with Section
2937	2937	9 65-45 of the Nurse Practice Act, has completed the
2938	2938	10 appropriate application forms, and has paid the
2939	2939	11 required fees as set by rule; and
2940	2940	12 (B) an advanced practice registered nurse
2941	2941	13 certified as a nurse practitioner, nurse midwife, or
2942	2942	14 clinical nurse specialist has been privileged to
2943	2943	15 prescribe any Schedule II controlled substances by the
2944	2944	16 hospital affiliate upon the recommendation of the
2945	2945	17 appropriate physician committee of the hospital
2946	2946	18 affiliate, then the following conditions must be met:
2947	2947	19 (i) specific Schedule II controlled substances
2948	2948	20 by oral dosage or topical or transdermal
2949	2949	21 application may be designated, provided that the
2950	2950	22 designated Schedule II controlled substances are
2951	2951	23 routinely prescribed by advanced practice
2952	2952	24 registered nurses in their area of certification;
2953	2953	25 the privileging documents must identify the
2954	2954	26 specific Schedule II controlled substances by
2955	2955
2956	2956
2957	2957
2958	2958
2959	2959
2960	2960	HB4637 - 81 - LRB103 35424 SPS 65490 b
2961	2961
2962	2962
2963	2963	HB4637- 82 -LRB103 35424 SPS 65490 b HB4637 - 82 - LRB103 35424 SPS 65490 b
2964	2964	HB4637 - 82 - LRB103 35424 SPS 65490 b
2965	2965	1 either brand name or generic name; privileges to
2966	2966	2 prescribe or dispense Schedule II controlled
2967	2967	3 substances to be delivered by injection or other
2968	2968	4 route of administration may not be granted;
2969	2969	5 (ii) any privileges must be controlled
2970	2970	6 substances limited to the practice of the advanced
2971	2971	7 practice registered nurse;
2972	2972	8 (iii) any prescription must be limited to no
2973	2973	9 more than a 30-day supply;
2974	2974	10 (iv) the advanced practice registered nurse
2975	2975	11 must discuss the condition of any patients for
2976	2976	12 whom a controlled substance is prescribed monthly
2977	2977	13 with the appropriate physician committee of the
2978	2978	14 hospital affiliate or its physician designee; and
2979	2979	15 (v) the advanced practice registered nurse
2980	2980	16 must meet the education requirements of this
2981	2981	17 Section;
2982	2982	18 (3) with respect to animal euthanasia agencies, the
2983	2983	19 euthanasia agency has obtained a license from the
2984	2984	20 Department of Financial and Professional Regulation and
2985	2985	21 obtained a registration number from the Department; or
2986	2986	22 (4) with respect to prescribing psychologists, the
2987	2987	23 prescribing psychologist has been delegated authority to
2988	2988	24 prescribe any nonnarcotic Schedule III through V
2989	2989	25 controlled substances by a collaborating physician
2990	2990	26 licensed to practice medicine in all its branches in
2991	2991
2992	2992
2993	2993
2994	2994
2995	2995
2996	2996	HB4637 - 82 - LRB103 35424 SPS 65490 b
2997	2997
2998	2998
2999	2999	HB4637- 83 -LRB103 35424 SPS 65490 b HB4637 - 83 - LRB103 35424 SPS 65490 b
3000	3000	HB4637 - 83 - LRB103 35424 SPS 65490 b
3001	3001	1 accordance with Section 4.3 of the Clinical Psychologist
3002	3002	2 Licensing Act, and the prescribing psychologist has
3003	3003	3 completed the appropriate application forms and has paid
3004	3004	4 the required fees as set by rule.
3005	3005	5 (b) The mid-level practitioner shall only be licensed to
3006	3006	6 prescribe those schedules of controlled substances for which a
3007	3007	7 licensed physician has delegated prescriptive authority,
3008	3008	8 except that an animal euthanasia agency does not have any
3009	3009	9 prescriptive authority and a physician assistant shall have
3010	3010	10 prescriptive authority in accordance with the Physician
3011	3011	11 Assistant Practice Act of 1987 without delegation by a
3012	3012	12 physician. An A physician assistant and an advanced practice
3013	3013	13 registered nurse is are prohibited from prescribing
3014	3014	14 medications and controlled substances not set forth in the
3015	3015	15 required written delegation of authority or as authorized by
3016	3016	16 their practice Act.
3017	3017	17 (c) Upon completion of all registration requirements,
3018	3018	18 physician assistants, advanced practice registered nurses, and
3019	3019	19 animal euthanasia agencies may be issued a mid-level
3020	3020	20 practitioner controlled substances license for Illinois.
3021	3021	21 (d) A collaborating physician may, but is not required to,
3022	3022	22 delegate prescriptive authority to an advanced practice
3023	3023	23 registered nurse as part of a written collaborative agreement,
3024	3024	24 and the delegation of prescriptive authority shall conform to
3025	3025	25 the requirements of Section 65-40 of the Nurse Practice Act.
3026	3026	26 (e) (Blank). A collaborating physician may, but is not
3027	3027
3028	3028
3029	3029
3030	3030
3031	3031
3032	3032	HB4637 - 83 - LRB103 35424 SPS 65490 b
3033	3033
3034	3034
3035	3035	HB4637- 84 -LRB103 35424 SPS 65490 b HB4637 - 84 - LRB103 35424 SPS 65490 b
3036	3036	HB4637 - 84 - LRB103 35424 SPS 65490 b
3037	3037	1 required to, delegate prescriptive authority to a physician
3038	3038	2 assistant as part of a written collaborative agreement, and
3039	3039	3 the delegation of prescriptive authority shall conform to the
3040	3040	4 requirements of Section 7.5 of the Physician Assistant
3041	3041	5 Practice Act of 1987.
3042	3042	6 (f) Nothing in this Section shall be construed to prohibit
3043	3043	7 generic substitution.
3044	3044	8 (Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
3045	3045	9 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
3046	3046
3047	3047
3048	3048
3049	3049
3050	3050
3051	3051	HB4637 - 84 - LRB103 35424 SPS 65490 b