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SB3421 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3421
Introduced 2/4/2026, by Sen. Javier L. Cervantes
SYNOPSIS AS INTRODUCED:
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 95/20
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 AMA PRA
Category 1 or equivalent continuing medical education or training and at
least 2,000 hours of clinical experience in the specific field in which the
physician assistant intends to practice after first attaining national
certification shall not require a written collaborative agreement to
practice. 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.
LRB104 16644 AAS 30047 b
A BILL FOR
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LRB104 16644 AAS 30047 b
1
AN ACT concerning regulation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Physician Assistant Practice Act of 1987 is
5
amended by changing Sections 4, 6, 7, 7.5, 7.7, 20, and 21 and
6
by adding Sections 7.8 and 7.9 as follows:
7
(225 ILCS 95/4)
(from Ch. 111, par. 4604)
8
(Section scheduled to be repealed on January 1, 2028)
9
Sec. 4.
Definitions.
In this Act:
10
1. "Department" means the Department of Financial and
11
Professional Regulation.
12
2. "Secretary" means the Secretary of Financial and
13
Professional Regulation.
14
3. "Physician assistant" means any person not holding an
15
active license or permit issued by the Department pursuant to
16
the Medical Practice Act of 1987 who has been certified as a
17
physician assistant by the National Commission on
the
18
Certification of Physician Assistants or
an
equivalent
19
successor agency
.
and performs procedures in collaboration
20
with a physician as defined in this Act. A physician assistant
21
may perform such procedures within the specialty of the
22
collaborating physician, except that such physician shall
23
exercise such direction, collaboration, and control over such
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LRB104 16644 AAS 30047 b
1
physician assistants as will assure that patients shall
2
receive quality medical care. Physician assistants shall be
3
capable of performing a variety of tasks within the specialty
4
of medical care in collaboration with a physician.
5
Collaboration with the physician assistant shall not be
6
construed to necessarily require the personal presence of the
7
collaborating physician at all times at the place where
8
services are rendered, as long as there is communication
9
available for consultation by radio, telephone or
10
telecommunications within established guidelines as determined
11
by the physician/physician assistant team. The collaborating
12
physician may delegate tasks and duties to the physician
13
assistant. Delegated tasks or duties shall be consistent with
14
physician assistant education, training, and experience. The
15
delegated tasks or duties shall be specific to the practice
16
setting and shall be implemented and reviewed under a written
17
collaborative agreement established by the physician or
18
physician/physician assistant team. A physician assistant,
19
acting as an agent of the physician, shall be permitted to
20
transmit the collaborating physician's orders as determined by
21
the institution's by-laws, policies, procedures, or job
22
description within which the physician/physician assistant
23
team practices. Physician assistants shall practice only in
24
accordance with a written collaborative agreement.
25
Any person who holds an active license or permit issued
26
pursuant to the Medical Practice Act of 1987 shall have that
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1
license automatically placed into inactive status upon
2
issuance of a physician assistant license. Any person who
3
holds an active license as a physician assistant who is issued
4
a license or permit pursuant to the Medical Practice Act of
5
1987 shall have his or her physician assistant license
6
automatically placed into inactive status.
7
3.5. "Physician assistant practice" means the performance
8
of
any legal medical service for which the physician assistant
9
has been prepared by the physician assistant's education,
10
training, and experience and is competent to perform as
11
determined through an employment agreement or the
12
credentialing and privileging system of a licensed facility.
13
Medical and surgical services provided by physician assistants
14
include, but are not limited to:
15
(A) obtaining and performing comprehensive health
16
histories and physical examinations;
17
(B) evaluating, diagnosing, managing, and providing
18
medical treatment;
19
(C) ordering, performing, and interpreting diagnostic
20
studies and therapeutic procedures;
21
(D) educating patients on health promotion and disease
22
prevention;
23
(E) providing consultation upon request;
24
(F) writing medical orders;
25
(G) prescribing, dispensing, ordering, administering,
26
and procuring drugs and medical devices; and
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(H) assisting in surgery.
procedures within the
2
specialty of the collaborating physician. Physician
3
assistants shall be capable of performing a variety of
4
tasks within the specialty of medical care of the
5
collaborating physician. Collaboration with the physician
6
assistant shall not be construed to necessarily require
7
the personal presence of the collaborating physician at
8
all times at the place where services are rendered, as
9
long as there is communication available for consultation
10
by radio, telephone, telecommunications, or electronic
11
communications. The collaborating physician may delegate
12
tasks and duties to the physician assistant. Delegated
13
tasks or duties shall be consistent with physician
14
assistant education, training, and experience. The
15
delegated tasks or duties shall be specific to the
16
practice setting and shall be implemented and reviewed
17
under a written collaborative agreement established by the
18
physician or physician/physician assistant team. A
19
physician assistant shall be permitted to transmit the
20
collaborating physician's orders as determined by the
21
institution's bylaws, policies, or procedures or the job
22
description within which the physician/physician assistant
23
team practices. Physician assistants shall practice only
24
in accordance with a written collaborative agreement,
25
except as provided in Section 7.5 of this Act.
26
4. "Board" means the
Illinois State Medical Board
Medical
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1
Licensing Board constituted under the Medical Practice Act of
2
1987
.
3
5. (Blank).
4
6. "Physician" means a person licensed to practice
5
medicine in all of its branches under the Medical Practice Act
6
of 1987.
7
7. "Collaborating physician" means the physician who,
8
within his or her specialty and expertise, may delegate a
9
variety of tasks and procedures to the physician assistant.
10
Such tasks and procedures shall be delegated in accordance
11
with a written collaborative agreement
when the agreement is
12
required under this Act
.
13
8. (Blank).
14
9. "Address of record" means the designated address
15
recorded by the Department in the applicant's
application file
16
or
the
licensee's
application file or
license file
, as
17
maintained by the Department's licensure maintenance unit.
18
10. "Hospital affiliate" means a corporation, partnership,
19
joint venture, limited liability company, or similar
20
organization, other than a hospital, that is devoted primarily
21
to the provision, management, or support of health care
22
services and that directly or indirectly controls, is
23
controlled by, or is under common control of the hospital. For
24
the purposes of this definition, "control" means having at
25
least an equal or a majority ownership or membership interest.
26
A hospital affiliate shall be 100% owned or controlled by any
SB3421
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LRB104 16644 AAS 30047 b
1
combination of hospitals, their parent corporations, or
2
physicians licensed to practice medicine in all its branches
3
in Illinois. "Hospital affiliate" does not include a health
4
maintenance organization regulated under the Health
5
Maintenance Organization Act.
6
11. "Email address of record" means the designated email
7
address recorded by the Department in the applicant's
8
application file or the licensee's license file, as maintained
9
by the Department's licensure maintenance unit.
10
12. "Federally qualified health center" means a health
11
center funded under Section 330 of the federal Public Health
12
Service Act.
13
(Source: P.A. 102-1117, eff. 1-13-23; 103-65, eff. 1-1-24
.)
14
(225 ILCS 95/6)
(from Ch. 111, par. 4606)
15
(Section scheduled to be repealed on January 1, 2028)
16
Sec. 6.
Physician assistant title.
17
(a) No physician assistant shall use the title of doctor,
18
physician, or associate with his or her name or any other term
19
that would indicate to other persons that he or she is
20
qualified to engage in the general practice of medicine.
21
(b) A physician assistant shall verbally identify himself
22
or herself as a physician assistant, including
, when
23
applicable,
specialty certification, to each patient.
24
(c) Nothing in this Act shall be construed to relieve a
25
physician assistant of the professional or legal
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1
responsibility for the care and treatment of persons attended
2
by him or her.
3
(d)
(Blank).
The collaborating physician shall file with
4
the Department notice of employment, discharge, or
5
collaboration with a physician assistant within 60 days of
6
employment, discharge, or assumption of collaboration with a
7
physician assistant. Nothing in this Section shall prevent a
8
physician assistant from beginning his or her employment
9
before the notice of employment or collaboration has been
10
filed.
11
(Source: P.A. 102-735, eff. 1-1-23
.)
12
(225 ILCS 95/7)
(from Ch. 111, par. 4607)
13
(Section scheduled to be repealed on January 1, 2028)
14
Sec. 7.
Collaboration requirements.
15
(a) A written collaborative agreement is required for all
16
physician assistants engaged in clinical practice prior to
17
satisfying the requirements of Section 7.9, except for
18
physician assistants who practice in a hospital, hospital
19
affiliate, federally qualified health center, or ambulatory
20
surgical treatment center as provided in Section 7.7.
21
(b)
(a)
A collaborating physician shall determine the
22
number of physician assistants to collaborate with, provided
23
the physician is able to provide adequate collaboration as
24
outlined in the written collaborative agreement required under
25
Section 7.5 of this Act and consideration is given to the
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1
nature of the physician's practice, complexity of the patient
2
population, and the experience of each physician assistant. A
3
collaborating physician may collaborate with a maximum of 7
4
full-time equivalent physician assistants as described in
5
Section 54.5 of the Medical Practice Act of 1987. As used in
6
this Section, "full-time equivalent" means the equivalent of
7
40 hours per week per individual. Physicians and physician
8
assistants who work in a hospital, hospital affiliate,
9
federally qualified health center, or ambulatory surgical
10
treatment center as defined by Section 7.7 of this Act are
11
exempt from the collaborative ratio restriction requirements
12
of this Section. A physician assistant shall be able to hold
13
more than one professional position. A collaborating physician
14
shall file a notice of collaboration of each physician
15
assistant according to the rules of the Department.
16
(c)
Physician assistants shall collaborate only with
17
physicians as defined in this Act who are engaged in clinical
18
practice, or in clinical practice in public health or other
19
community health facilities.
20
(d)
Nothing in this Act shall be construed to limit the
21
delegation of tasks or duties by a physician to a nurse or
22
other appropriately trained personnel.
23
(e)
Nothing in this Act shall be construed to prohibit the
24
employment of physician assistants by a hospital, nursing home
25
or other health care facility where such physician assistants
26
function
with
under
a collaborating physician.
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LRB104 16644 AAS 30047 b
1
(f)
A physician assistant may be employed by a practice
2
group or other entity employing multiple physicians at one or
3
more locations. In that case, one of the physicians practicing
4
at a location shall be designated the collaborating physician.
5
The other physicians with that practice group or other entity
6
who practice in the same general type of practice or specialty
7
as the collaborating physician may collaborate with the
8
physician assistant with respect to their patients.
9
(g)
(b)
A physician assistant licensed in this State, or
10
licensed or authorized to practice in any other U.S.
11
jurisdiction or credentialed by his or her federal employer as
12
a physician assistant, who is responding to a need for medical
13
care created by an emergency or by a state or local disaster
14
may render such care that the physician assistant is able to
15
provide without collaboration as it is defined in this Section
16
or with such collaboration as is available.
17
(h)
Any physician who collaborates with a physician
18
assistant providing medical care in response to such an
19
emergency or state or local disaster shall not be required to
20
meet the requirements set forth in this Section for a
21
collaborating physician.
22
(Source: P.A. 103-65, eff. 1-1-24
.)
23
(225 ILCS 95/7.5)
24
(Section scheduled to be repealed on January 1, 2028)
25
Sec. 7.5.
Written collaborative agreements
; prescriptive
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LRB104 16644 AAS 30047 b
1
authority
.
2
(a) A written collaborative agreement is required for all
3
physician assistants to practice in the State, except as
4
provided in
Sections
Section
7.7
and 7.9
of this Act.
When a
5
written collaborative agreement is required under this Act,
6
the following shall apply:
7
(1) A written collaborative agreement shall describe
8
the working relationship of the physician assistant with
9
the collaborating physician and shall describe the
10
categories of care, treatment, or procedures to be
11
provided by the physician assistant.
The written
12
collaborative agreement shall promote the exercise of
13
professional judgment by the physician assistant
14
commensurate with his or her education and experience. The
15
services to be provided by the physician assistant shall
16
be services that the collaborating physician is authorized
17
to and generally provides to his or her patients in the
18
normal course of his or her clinical medical practice. The
19
written collaborative agreement need not describe the
20
exact steps that a physician assistant must take with
21
respect to each specific condition, disease, or symptom
22
but must specify which authorized procedures require the
23
presence of the collaborating physician as the procedures
24
are being performed.
The relationship under a written
25
collaborative agreement shall not be construed to require
26
the personal presence of a physician at the place where
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1
services are rendered. Methods of communication shall be
2
available for consultation with the collaborating
3
physician in person or by telecommunications or electronic
4
communications as set forth in the written collaborative
5
agreement.
For the purposes of this Act, "generally
6
provides to his or her patients in the normal course of his
7
or her clinical medical practice" means services, not
8
specific tasks or duties, the collaborating physician
9
routinely provides individually or through delegation to
10
other persons so that the physician has the experience and
11
ability to collaborate and provide consultation.
12
(2)
(Blank).
The written collaborative agreement shall
13
be adequate if a physician does each of the following:
14
(A) Participates in the joint formulation and
15
joint approval of orders or guidelines with the
16
physician assistant and he or she periodically reviews
17
such orders and the services provided patients under
18
such orders in accordance with accepted standards of
19
medical practice and physician assistant practice.
20
(B) Provides consultation at least once a month.
21
(3) A copy of the signed, written collaborative
22
agreement must be available to the Department upon request
23
from both the physician assistant and the collaborating
24
physician
.
25
(4) A physician assistant shall inform each
26
collaborating physician of all written collaborative
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LRB104 16644 AAS 30047 b
1
agreements he or she has signed and provide a copy of these
2
to any collaborating physician upon request.
3
(b)
To prescribe Schedule II, III, IV, or V controlled
4
substances under this Section, a physician assistant must
5
obtain a mid-level practitioner controlled substances license.
6
A collaborating physician may, but is not required to,
7
delegate prescriptive authority to a physician assistant as
8
part of a written collaborative agreement. This authority may,
9
but is not required to, include prescription of, selection of,
10
orders for, administration of, storage of, acceptance of
11
samples of, and dispensing medical devices, over-the-counter
12
medications, legend drugs, medical gases, and controlled
13
substances categorized as Schedule II through V controlled
14
substances, as defined in Article II of the Illinois
15
Controlled Substances Act, and other preparations, including,
16
but not limited to, botanical and herbal remedies. The
17
collaborating physician must have a valid, current Illinois
18
controlled substance license and federal registration with the
19
Drug Enforcement Administration to delegate the authority to
20
prescribe controlled substances.
21
(1) To prescribe Schedule II, III, IV, or V controlled
22
substances under this Section, a physician assistant must
23
obtain a mid-level practitioner controlled substances
24
license. Medication orders issued by a physician assistant
25
shall be reviewed periodically by the collaborating
26
physician.
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1
(2) The collaborating physician shall file with the
2
Department notice of delegation of prescriptive authority
3
to a physician assistant and termination of delegation,
4
specifying the authority delegated or terminated. Upon
5
receipt of this notice delegating authority to prescribe
6
controlled substances, the physician assistant shall be
7
eligible to register for a mid-level practitioner
8
controlled substances license under Section 303.05 of the
9
Illinois Controlled Substances Act. Nothing in this Act
10
shall be construed to limit the delegation of tasks or
11
duties by the collaborating physician to a nurse or other
12
appropriately trained persons in accordance with Section
13
54.2 of the Medical Practice Act of 1987.
14
(3) In addition to the requirements of this subsection
15
(b), a collaborating physician may, but is not required
16
to, delegate authority to a physician assistant to
17
prescribe Schedule II controlled substances, if all of the
18
following conditions apply:
19
(A) Specific Schedule II controlled substances by
20
oral dosage or topical or transdermal application may
21
be delegated, provided that the delegated Schedule II
22
controlled substances are routinely prescribed by the
23
collaborating physician. This delegation must identify
24
the specific Schedule II controlled substances by
25
either brand name or generic name. Schedule II
26
controlled substances to be delivered by injection or
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LRB104 16644 AAS 30047 b
1
other route of administration may not be delegated.
2
(B) (Blank).
3
(C) Any prescription must be limited to no more
4
than a 30-day supply, with any continuation authorized
5
only after prior approval of the collaborating
6
physician.
7
(D) The physician assistant must discuss the
8
condition of any patients for whom a controlled
9
substance is prescribed monthly with the collaborating
10
physician.
11
(E) The physician assistant meets the education
12
requirements of Section 303.05 of the Illinois
13
Controlled Substances Act.
14
(c) Nothing in this Act shall be construed to limit the
15
delegation of tasks or duties by a physician to a licensed
16
practical nurse, a registered professional nurse, or other
17
persons. Nothing in this Act shall be construed to limit the
18
method of delegation that may be authorized by any means,
19
including, but not limited to, oral, written, electronic,
20
standing orders, protocols, guidelines, or verbal orders.
21
Nothing in this Act shall be construed to authorize a
22
physician assistant to provide health care services required
23
by law or rule to be performed by a physician. Nothing in this
24
Act shall be construed to authorize the delegation or
25
performance of operative surgery. Nothing in this Section
26
shall be construed to preclude a physician assistant from
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LRB104 16644 AAS 30047 b
1
assisting in surgery.
2
(c-5) Nothing in this Section shall be construed to apply
3
to any medication authority, including Schedule II controlled
4
substances of a licensed physician assistant for care provided
5
in a hospital, hospital affiliate, federally qualified health
6
center, or ambulatory surgical treatment center pursuant to
7
Section 7.7 of this Act
, or to a physician assistant
8
satisfying the requirements of Section 7.9 of this Act
.
9
(d) (Blank).
10
(e) Nothing in this Section shall be construed to prohibit
11
generic substitution.
12
(f) Delegation of prescriptive authority by a physician is
13
not required under this Section.
14
(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24;
15
103-605, eff. 7-1-24.)
16
(225 ILCS 95/7.7)
17
(Section scheduled to be repealed on January 1, 2028)
18
Sec. 7.7.
Physician assistants in hospitals, hospital
19
affiliates, federally qualified health centers, or ambulatory
20
surgical treatment centers.
21
(a) A physician assistant may provide services in a
22
hospital as defined in the Hospital Licensing Act, a hospital
23
affiliate as defined in the University of Illinois Hospital
24
Act, a federally qualified health center, or a licensed
25
ambulatory surgical treatment center as defined in the
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1
Ambulatory Surgical Treatment Center Act without a written
2
collaborative agreement pursuant to Section 7.5 of this Act
3
only in accordance with this Section. A physician assistant
4
must possess clinical privileges recommended by (i) the
5
hospital medical staff and granted by the hospital, (ii) the
6
physician committee and federally qualified health center, or
7
(iii) the consulting medical staff committee and ambulatory
8
surgical treatment center in order to provide services. The
9
medical staff, physician committee, or consulting medical
10
staff committee shall periodically review the services of
11
physician assistants granted clinical privileges, including
12
any care provided in a hospital affiliate or federally
13
qualified health center.
A physician assistant practicing
14
under this Section may prescribe, select, order, and
15
administer medications, including controlled substances.
16
Authority may also be granted when recommended by the hospital
17
medical staff and granted by the hospital, recommended by the
18
physician committee and granted by the federally qualified
19
health center, or recommended by the consulting medical staff
20
committee and ambulatory surgical treatment center to
21
individual physician assistants to select, order, and
22
administer medications, including controlled substances, to
23
provide delineated care.
In a hospital, hospital affiliate,
24
federally qualified health center, or ambulatory surgical
25
treatment center, the attending physician shall determine a
26
physician assistant's role in providing care for his or her
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1
patients, except as otherwise provided in the medical staff
2
bylaws or consulting committee policies.
3
(a-5) Physician assistants practicing in a hospital
4
affiliate or a federally qualified health center may
be, but
5
are not required to be, granted authority to
prescribe
6
Schedule II through V controlled substances
when such
7
authority is recommended by the appropriate physician
8
committee of the hospital affiliate and granted by the
9
hospital affiliate or recommended by the physician committee
10
of the federally qualified health center and granted by the
11
federally qualified health center
. This authority may
, but is
12
not required to,
include prescription of, selection of, orders
13
for, administration of, storage of, acceptance of samples of,
14
and dispensing over-the-counter medications, legend drugs,
15
medical gases, and controlled substances categorized as
16
Schedule II through V controlled substances, as defined in
17
Article II of the Illinois Controlled Substances Act, and
18
other preparations, including, but not limited to, botanical
19
and herbal remedies.
20
To prescribe controlled substances under this subsection
21
(a-5), a physician assistant must obtain a mid-level
22
practitioner controlled substance license.
Medication orders
23
shall be reviewed periodically by the appropriate hospital
24
affiliate physicians committee or its physician designee or by
25
the physician committee of a federally qualified health
26
center.
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The hospital affiliate or federally qualified health
2
center shall file with the Department notice of a grant of
3
prescriptive authority consistent with this subsection (a-5)
4
and termination of such a grant of authority in accordance
5
with rules of the Department. Upon receipt of this notice of
6
grant of authority to prescribe any Schedule II through V
7
controlled substances, the licensed physician assistant may
8
register for a mid-level practitioner controlled substance
9
license under Section 303.05 of the Illinois Controlled
10
Substances Act.
11
In addition, a hospital affiliate or a federally qualified
12
health center may, but is not required to, grant authority to a
13
physician assistant to prescribe any Schedule II controlled
14
substances if all of the following conditions apply:
15
(1) specific Schedule II controlled substances by oral
16
dosage or topical or transdermal application may be
17
designated, provided that the designated Schedule II
18
controlled substances are routinely prescribed by
19
physician assistants in their area of certification; this
20
grant of authority must identify the specific Schedule II
21
controlled substances by either brand name or generic
22
name; authority to prescribe or dispense Schedule II
23
controlled substances to be delivered by injection or
24
other route of administration may not be granted;
25
(2) any grant of authority must be controlled
26
substances limited to the practice of the physician
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assistant;
2
(3) any prescription must be limited to no more than a
3
30-day supply;
4
(4) the physician assistant must discuss the condition
5
of any patients for whom a controlled substance is
6
prescribed monthly with the appropriate physician
7
committee of the hospital affiliate or its physician
8
designee, or the physician committee of a federally
9
qualified health center; and
10
(5) the physician assistant must meet the education
11
requirements of Section 303.05 of the Illinois Controlled
12
Substances Act.
13
(b) A physician assistant
granted authority to order
14
medications including controlled substances
may complete
15
discharge prescriptions provided the prescription is in the
16
name of the physician assistant
and the attending or
17
discharging physician
.
18
(c) Physician assistants practicing in a hospital,
19
hospital affiliate, federally qualified health center, or an
20
ambulatory surgical treatment center are not required to
21
obtain a mid-level controlled substance license to order
22
controlled substances under Section 303.05 of the Illinois
23
Controlled Substances Act.
24
(d) Delegation of prescriptive authority by a physician is
25
not required under this Section.
26
(Source: P.A. 103-65, eff. 1-1-24
.)
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(225 ILCS 95/7.8 new)
2
Sec. 7.8.
Prescriptive authority.
A physician assistant
3
may prescribe, dispense, order, administer, and procure drugs
4
and medical devices without delegation of authority by a
5
physician. The prescriptive authority may include prescribing
6
Schedule II, III, IV, and V controlled substances. To
7
prescribe Schedule II, III, IV, or V controlled substances
8
under this Act, a physician assistant must obtain a mid-level
9
practitioner controlled substances license. When a written
10
collaborative agreement is required under this Act, delegation
11
of prescriptive authority by a physician is not required.
12
(225 ILCS 95/7.9 new)
13
Sec. 7.9.
Optimal practice.
14
(a) A physician assistant may practice without a written
15
collaborative agreement as described in this Section.
16
(b) A physician assistant who files with the Department a
17
notarized attestation of completion of at least 250 hours of
18
AMA PRA Category 1 or equivalent continuing medical education
19
or training and at least 2,000 hours of clinical experience in
20
the specific field in which the physician assistant intends to
21
practice after first attaining national certification shall
22
not require a written collaborative agreement to practice.
23
Documentation of successful completion shall be provided to
24
the Department upon request.
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(c) The scope of practice of a physician assistant with
2
optimal practice includes:
3
(1) all matters defined as physician assistant
4
practice;
5
(2) practicing without a written collaborative
6
agreement in all practice settings consistent with this
7
Act;
8
(3) authority to prescribe both legend drugs and
9
Schedule II through V controlled substances, including
10
prescription of, selection of, orders for, administration
11
of, storage of, acceptance of, samples of, and dispensing
12
over-the-counter medications, legend drugs, and controlled
13
substances categorized as Schedule II through V controlled
14
substances, as defined in Article II of the Illinois
15
Controlled Substances Act, and other preparations,
16
including, but not limited to, botanical and herbal
17
remedies; and
18
(4) authority to obtain an Illinois controlled
19
substance license and a federal Drug Enforcement
20
Administration number.
21
The scope of practice of a physician assistant does not
22
include operative surgery. Nothing in this Section shall be
23
construed to preclude a physician assistant from assisting in
24
surgery or performing other procedures as privileged by the
25
physician assistant's employer.
26
(d) The Department may adopt rules necessary to administer
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this Section, including, but not limited to, requiring the
2
completion of forms and the payment of fees.
3
(e) Nothing in this Section shall be construed to prohibit
4
a physician assistant's employer from requiring a physician
5
assistant who satisfies the qualifications of subsection (b)
6
to practice with a written collaborative agreement.
7
(f) Nothing in this Act shall be construed to authorize a
8
physician assistant with optimal practice authority to provide
9
health care services required by law or rule to be performed by
10
a physician.
11
(225 ILCS 95/20)
(from Ch. 111, par. 4620)
12
(Section scheduled to be repealed on January 1, 2028)
13
Sec. 20.
Limitations.
14
(a)
No corporation, which stated purpose includes, or
15
which practices, or which holds itself out as available to
16
practice as a physician assistant or to practice any of the
17
functions described in Section 4 of this Act, shall be issued a
18
license by the Department, nor shall the Secretary of State
19
approve or accept articles of incorporation for such a
20
corporation.
21
(b) Pursuant to subparagraph (a) of paragraph (2) of
22
Section 3.6 of the Professional Service Corporation Act and
23
Section 2 of the Medical Corporation Act, a person licensed
24
under this Act may not own a corporation for the purposes of
25
practicing medicine.
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1
(c) Pursuant to paragraph (2) of subsection (a) of Section
2
13 of the Professional Limited Liability Company Act, a person
3
licensed under this Act may not own a professional limited
4
liability company for the purposes of practicing medicine.
5
(Source: P.A. 85-981
.)
6
(225 ILCS 95/21)
(from Ch. 111, par. 4621)
7
(Section scheduled to be repealed on January 1, 2028)
8
Sec. 21.
Grounds for disciplinary action.
9
(a) The Department may refuse to issue or to renew, or may
10
revoke, suspend, place on probation, reprimand, or take other
11
disciplinary or non-disciplinary action with regard to any
12
license issued under this Act as the Department may deem
13
proper, including the issuance of fines not to exceed $10,000
14
for each violation, for any one or combination of the
15
following causes:
16
(1) Material misstatement in furnishing information to
17
the Department.
18
(2) Violations of this Act, or the rules adopted under
19
this Act.
20
(3) Conviction by plea of guilty or nolo contendere,
21
finding of guilt, jury verdict, or entry of judgment or
22
sentencing, including, but not limited to, convictions,
23
preceding sentences of supervision, conditional discharge,
24
or first offender probation, under the laws of any
25
jurisdiction of the United States that is: (i) a felony;
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or (ii) a misdemeanor, an essential element of which is
2
dishonesty, or that is directly related to the practice of
3
the profession.
4
(4) Making any misrepresentation for the purpose of
5
obtaining licenses.
6
(5) Professional incompetence.
7
(6) Aiding or assisting another person in violating
8
any provision of this Act or its rules.
9
(7) Failing, within 60 days, to provide information in
10
response to a written request made by the Department.
11
(8) Engaging in dishonorable, unethical, or
12
unprofessional conduct, as defined by rule, of a character
13
likely to deceive, defraud, or harm the public.
14
(9) Habitual or excessive use or addiction to alcohol,
15
narcotics, stimulants, or any other chemical agent or drug
16
that results in a physician assistant's inability to
17
practice with reasonable judgment, skill, or safety.
18
(10) Discipline by another U.S. jurisdiction or
19
foreign nation, if at least one of the grounds for
20
discipline is the same or substantially equivalent to
21
those set forth in this Section.
22
(11) Directly or indirectly giving to or receiving
23
from any person, firm, corporation, partnership, or
24
association any fee, commission, rebate, or other form of
25
compensation for any professional services not actually or
26
personally rendered. Nothing in this paragraph (11)
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1
affects any bona fide independent contractor or employment
2
arrangements, which may include provisions for
3
compensation, health insurance, pension, or other
4
employment benefits, with persons or entities authorized
5
under this Act for the provision of services within the
6
scope of the licensee's practice under this Act.
7
(12) A finding by the Board that the licensee, after
8
having his or her license placed on probationary status,
9
has violated the terms of probation.
10
(13) Abandonment of a patient.
11
(14) Willfully making or filing false records or
12
reports in his or her practice, including, but not limited
13
to, false records filed with State agencies or
14
departments.
15
(15) Willfully failing to report an instance of
16
suspected child abuse or neglect as required by the Abused
17
and Neglected Child Reporting Act.
18
(16) Physical illness, or mental illness or impairment
19
that results in the inability to practice the profession
20
with reasonable judgment, skill, or safety, including, but
21
not limited to, deterioration through the aging process or
22
loss of motor skill.
23
(17) Being named as a perpetrator in an indicated
24
report by the Department of Children and Family Services
25
under the Abused and Neglected Child Reporting Act, and
26
upon proof by clear and convincing evidence that the
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licensee has caused a child to be an abused child or
2
neglected child as defined in the Abused and Neglected
3
Child Reporting Act.
4
(18) (Blank).
5
(19) Gross negligence resulting in permanent injury or
6
death of a patient.
7
(20) Employment of fraud, deception or any unlawful
8
means in applying for or securing a license as a physician
9
assistant.
10
(21) Exceeding the authority delegated to him or her
11
by his or her collaborating physician in a written
12
collaborative agreement
, when the agreement is required
13
under this Act
.
14
(22) Immoral conduct in the commission of any act,
15
such as sexual abuse, sexual misconduct, or sexual
16
exploitation related to the licensee's practice.
17
(23) Violation of the Health Care Worker Self-Referral
18
Act.
19
(24) Practicing under a false or assumed name, except
20
as provided by law.
21
(25) Making a false or misleading statement regarding
22
his or her skill or the efficacy or value of the medicine,
23
treatment, or remedy prescribed by him or her in the
24
course of treatment.
25
(26) Allowing another person to use his or her license
26
to practice.
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(27) Prescribing, selling, administering,
2
distributing, giving, or self-administering a drug
3
classified as a controlled substance for other than
4
medically accepted therapeutic purposes.
5
(28) Promotion of the sale of drugs, devices,
6
appliances, or goods provided for a patient in a manner to
7
exploit the patient for financial gain.
8
(29) A pattern of practice or other behavior that
9
demonstrates incapacity or incompetence to practice under
10
this Act.
11
(30) Violating State or federal laws or regulations
12
relating to controlled substances or other legend drugs or
13
ephedra as defined in the Ephedra Prohibition Act.
14
(31)
(Blank).
Exceeding the prescriptive authority
15
delegated by the collaborating physician or violating the
16
written collaborative agreement delegating that authority.
17
(32)
(Blank).
Practicing without providing to the
18
Department a notice of collaboration or delegation of
19
prescriptive authority.
20
(33) Failure to establish and maintain records of
21
patient care and treatment as required by law.
22
(34) Attempting to subvert or cheat on the examination
23
of the National Commission on Certification of Physician
24
Assistants or its successor agency.
25
(35) Willfully or negligently violating the
26
confidentiality between physician assistant and patient,
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1
except as required by law.
2
(36) Willfully failing to report an instance of
3
suspected abuse, neglect, financial exploitation, or
4
self-neglect of an eligible adult as defined in and
5
required by the Adult Protective Services Act.
6
(37) Being named as an abuser in a verified report by
7
the Department on Aging under the Adult Protective
8
Services Act and upon proof by clear and convincing
9
evidence that the licensee abused, neglected, or
10
financially exploited an eligible adult as defined in the
11
Adult Protective Services Act.
12
(38) Failure to report to the Department an adverse
13
final action taken against him or her by another licensing
14
jurisdiction of the United States or a foreign state or
15
country, a peer review body, a health care institution, a
16
professional society or association, a governmental
17
agency, a law enforcement agency, or a court acts or
18
conduct similar to acts or conduct that would constitute
19
grounds for action under this Section.
20
(39) Failure to provide copies of records of patient
21
care or treatment, except as required by law.
22
(40)
(Blank).
Entering into an excessive number of
23
written collaborative agreements with licensed physicians
24
resulting in an inability to adequately collaborate.
25
(41)
(Blank).
Repeated failure to adequately
26
collaborate with a collaborating physician.
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1
(42) Violating the Compassionate Use of Medical
2
Cannabis Program Act.
3
(b) The Department may, without a hearing, refuse to issue
4
or renew or may suspend the license of any person who fails to
5
file a return, or to pay the tax, penalty, or interest shown in
6
a filed return, or to pay any final assessment of the tax,
7
penalty, or interest as required by any tax Act administered
8
by the Illinois Department of Revenue, until such time as the
9
requirements of any such tax Act are satisfied.
10
(b-5) The Department shall not revoke, suspend, summarily
11
suspend, place on prohibition, reprimand, refuse to issue or
12
renew, or take any other disciplinary or non-disciplinary
13
action against a person's authorization to practice under this
14
Act based solely upon the person providing, authorizing,
15
recommending, aiding, assisting, referring for, or otherwise
16
participating in any health care service, so long as the care
17
was not unlawful under the laws of this State, regardless of
18
whether the patient was a resident of this State or another
19
state.
20
(b-10) The Department shall not revoke, suspend, summarily
21
suspend, place on prohibition, reprimand, refuse to issue or
22
renew, or take any other disciplinary or non-disciplinary
23
action against a person's authorization to practice under this
24
Act based upon the person's license, registration, or permit
25
being revoked or suspended, or the person being otherwise
26
disciplined, by any other state if that revocation,
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1
suspension, or other form of discipline was based solely on
2
the person violating another state's laws prohibiting the
3
provision of, authorization of, recommendation of, aiding or
4
assisting in, referring for, or participation in any health
5
care service if that health care service as provided would not
6
have been unlawful under the laws of this State and is
7
consistent with the applicable standard of conduct for a
8
person practicing in Illinois under this Act.
9
(b-15) The conduct specified in subsections (b-5) and
10
(b-10) shall not constitute grounds for suspension under
11
Section 22.13.
12
(b-20) An applicant seeking licensure, certification, or
13
authorization pursuant to this Act who has been subject to
14
disciplinary action by a duly authorized professional
15
disciplinary agency of another jurisdiction solely on the
16
basis of having provided, authorized, recommended, aided,
17
assisted, referred for, or otherwise participated in health
18
care shall not be denied such licensure, certification, or
19
authorization, unless the Department determines that such
20
action would have constituted professional misconduct in this
21
State; however, nothing in this Section shall be construed as
22
prohibiting the Department from evaluating the conduct of such
23
applicant and making a determination regarding the licensure,
24
certification, or authorization to practice a profession under
25
this Act.
26
(c) The determination by a circuit court that a licensee
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1
is subject to involuntary admission or judicial admission as
2
provided in the Mental Health and Developmental Disabilities
3
Code operates as an automatic suspension. The suspension will
4
end only upon a finding by a court that the patient is no
5
longer subject to involuntary admission or judicial admission
6
and issues an order so finding and discharging the patient,
7
and upon the recommendation of the Board to the Secretary that
8
the licensee be allowed to resume his or her practice.
9
(d) In enforcing this Section, the Department upon a
10
showing of a possible violation may compel an individual
11
licensed to practice under this Act, or who has applied for
12
licensure under this Act, to submit to a mental or physical
13
examination, or both, which may include a substance abuse or
14
sexual offender evaluation, as required by and at the expense
15
of the Department.
16
The Department shall specifically designate the examining
17
physician licensed to practice medicine in all of its branches
18
or, if applicable, the multidisciplinary team involved in
19
providing the mental or physical examination or both. The
20
multidisciplinary team shall be led by a physician licensed to
21
practice medicine in all of its branches and may consist of one
22
or more or a combination of physicians licensed to practice
23
medicine in all of its branches, licensed clinical
24
psychologists, licensed clinical social workers, licensed
25
clinical professional counselors, and other professional and
26
administrative staff. Any examining physician or member of the
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1
multidisciplinary team may require any person ordered to
2
submit to an examination pursuant to this Section to submit to
3
any additional supplemental testing deemed necessary to
4
complete any examination or evaluation process, including, but
5
not limited to, blood testing, urinalysis, psychological
6
testing, or neuropsychological testing.
7
The Department may order the examining physician or any
8
member of the multidisciplinary team to provide to the
9
Department any and all records, including business records,
10
that relate to the examination and evaluation, including any
11
supplemental testing performed.
12
The Department may order the examining physician or any
13
member of the multidisciplinary team to present testimony
14
concerning the mental or physical examination of the licensee
15
or applicant. No information, report, record, or other
16
documents in any way related to the examination shall be
17
excluded by reason of any common law or statutory privilege
18
relating to communications between the licensee or applicant
19
and the examining physician or any member of the
20
multidisciplinary team. No authorization is necessary from the
21
licensee or applicant ordered to undergo an examination for
22
the examining physician or any member of the multidisciplinary
23
team to provide information, reports, records, or other
24
documents or to provide any testimony regarding the
25
examination and evaluation.
26
The individual to be examined may have, at his or her own
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1
expense, another physician of his or her choice present during
2
all aspects of this examination. However, that physician shall
3
be present only to observe and may not interfere in any way
4
with the examination.
5
Failure of an individual to submit to a mental or physical
6
examination, when ordered, shall result in an automatic
7
suspension of his or her license until the individual submits
8
to the examination.
9
If the Department finds an individual unable to practice
10
because of the reasons set forth in this Section, the
11
Department may require that individual to submit to care,
12
counseling, or treatment by physicians approved or designated
13
by the Department, as a condition, term, or restriction for
14
continued, reinstated, or renewed licensure to practice; or,
15
in lieu of care, counseling, or treatment, the Department may
16
file a complaint to immediately suspend, revoke, or otherwise
17
discipline the license of the individual. An individual whose
18
license was granted, continued, reinstated, renewed,
19
disciplined, or supervised subject to such terms, conditions,
20
or restrictions, and who fails to comply with such terms,
21
conditions, or restrictions, shall be referred to the
22
Secretary for a determination as to whether the individual
23
shall have his or her license suspended immediately, pending a
24
hearing by the Department.
25
In instances in which the Secretary immediately suspends a
26
person's license under this Section, a hearing on that
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1
person's license must be convened by the Department within 30
2
days after the suspension and completed without appreciable
3
delay. The Department shall have the authority to review the
4
subject individual's record of treatment and counseling
5
regarding the impairment to the extent permitted by applicable
6
federal statutes and regulations safeguarding the
7
confidentiality of medical records.
8
An individual licensed under this Act and affected under
9
this Section shall be afforded an opportunity to demonstrate
10
to the Department that he or she can resume practice in
11
compliance with acceptable and prevailing standards under the
12
provisions of his or her license.
13
(e) An individual or organization acting in good faith,
14
and not in a willful and wanton manner, in complying with this
15
Section by providing a report or other information to the
16
Board, by assisting in the investigation or preparation of a
17
report or information, by participating in proceedings of the
18
Board, or by serving as a member of the Board, shall not be
19
subject to criminal prosecution or civil damages as a result
20
of such actions.
21
(f) Members of the Board shall be indemnified by the State
22
for any actions occurring within the scope of services on the
23
Board, done in good faith and not willful and wanton in nature.
24
The Attorney General shall defend all such actions unless he
25
or she determines either that there would be a conflict of
26
interest in such representation or that the actions complained
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1
of were not in good faith or were willful and wanton.
2
If the Attorney General declines representation, the
3
member has the right to employ counsel of his or her choice,
4
whose fees shall be provided by the State, after approval by
5
the Attorney General, unless there is a determination by a
6
court that the member's actions were not in good faith or were
7
willful and wanton.
8
The member must notify the Attorney General within 7 days
9
after receipt of notice of the initiation of any action
10
involving services of the Board. Failure to so notify the
11
Attorney General constitutes an absolute waiver of the right
12
to a defense and indemnification.
13
The Attorney General shall determine, within 7 days after
14
receiving such notice, whether he or she will undertake to
15
represent the member.
16
(g) The Department may adopt rules to implement,
17
administer, and enforce this Section.
18
(Source: P.A. 104-432, eff. 1-1-26
.)
19
Section 10.
The Illinois Controlled Substances Act is
20
amended by changing Sections 102 and 303.05 as follows:
21
(720 ILCS 570/102)
(from Ch. 56 1/2, par. 1102)
22
Sec. 102.
Definitions.
As used in this Act, unless the
23
context otherwise requires:
24
(a) "Person with a substance use disorder" means any
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1
person who has a substance use disorder diagnosis defined as a
2
spectrum of persistent and recurring problematic behavior that
3
encompasses 10 separate classes of drugs: alcohol; caffeine;
4
cannabis; hallucinogens; inhalants; opioids; sedatives,
5
hypnotics and anxiolytics; stimulants; and tobacco; and other
6
unknown substances leading to clinically significant
7
impairment or distress.
8
(b) "Administer" means the direct application of a
9
controlled substance, whether by injection, inhalation,
10
ingestion, or any other means, to the body of a patient,
11
research subject, or animal (as defined by the Humane
12
Euthanasia in Animal Shelters Act) by:
13
(1) a practitioner (or, in his or her presence, by his
14
or her authorized agent),
15
(2) the patient or research subject pursuant to an
16
order, or
17
(3) a euthanasia technician as defined by the Humane
18
Euthanasia in Animal Shelters Act.
19
(c) "Agent" means an authorized person who acts on behalf
20
of or at the direction of a manufacturer, distributor,
21
dispenser, prescriber, or practitioner. It does not include a
22
common or contract carrier, public warehouseman or employee of
23
the carrier or warehouseman.
24
(c-1) "Anabolic Steroids" means any drug or hormonal
25
substance, chemically and pharmacologically related to
26
testosterone (other than estrogens, progestins,
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LRB104 16644 AAS 30047 b
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corticosteroids, and dehydroepiandrosterone), and includes:
2
(i) 3[beta],17-dihydroxy-5a-androstane,
3
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
4
(iii) 5[alpha]-androstan-3,17-dione,
5
(iv) 1-androstenediol (3[beta],
6
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
7
(v) 1-androstenediol (3[alpha],
8
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
9
(vi) 4-androstenediol
10
(3[beta],17[beta]-dihydroxy-androst-4-ene),
11
(vii) 5-androstenediol
12
(3[beta],17[beta]-dihydroxy-androst-5-ene),
13
(viii) 1-androstenedione
14
([5alpha]-androst-1-en-3,17-dione),
15
(ix) 4-androstenedione
16
(androst-4-en-3,17-dione),
17
(x) 5-androstenedione
18
(androst-5-en-3,17-dione),
19
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
20
hydroxyandrost-4-en-3-one),
21
(xii) boldenone (17[beta]-hydroxyandrost-
22
1,4,-diene-3-one),
23
(xiii) boldione (androsta-1,4-
24
diene-3,17-dione),
25
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
26
[beta]-hydroxyandrost-4-en-3-one),
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1
(xv) clostebol (4-chloro-17[beta]-
2
hydroxyandrost-4-en-3-one),
3
(xvi) dehydrochloromethyltestosterone (4-chloro-
4
17[beta]-hydroxy-17[alpha]-methyl-
5
androst-1,4-dien-3-one),
6
(xvii) desoxymethyltestosterone
7
(17[alpha]-methyl-5[alpha]
8
-androst-2-en-17[beta]-ol)(a.k.a., madol),
9
(xviii) [delta]1-dihydrotestosterone (a.k.a.
10
'1-testosterone') (17[beta]-hydroxy-
11
5[alpha]-androst-1-en-3-one),
12
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
13
androstan-3-one),
14
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
15
5[alpha]-androstan-3-one),
16
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
17
hydroxyestr-4-ene),
18
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
19
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
20
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
21
17[beta]-dihydroxyandrost-1,4-dien-3-one),
22
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
23
hydroxyandrostano[2,3-c]-furazan),
24
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
25
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
26
androst-4-en-3-one),
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(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
2
dihydroxy-estr-4-en-3-one),
3
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
4
hydroxy-5-androstan-3-one),
5
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
6
[5a]-androstan-3-one),
7
(xxx) methandienone (17[alpha]-methyl-17[beta]-
8
hydroxyandrost-1,4-dien-3-one),
9
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
10
dihydroxyandrost-5-ene),
11
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
12
5[alpha]-androst-1-en-3-one),
13
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
14
dihydroxy-5a-androstane,
15
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
16
-5a-androstane,
17
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
18
dihydroxyandrost-4-ene),
19
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
20
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
21
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
22
hydroxyestra-4,9(10)-dien-3-one),
23
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
24
hydroxyestra-4,9-11-trien-3-one),
25
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
26
hydroxyandrost-4-en-3-one),
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LRB104 16644 AAS 30047 b
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(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
2
hydroxyestr-4-en-3-one),
3
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
4
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
5
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
6
1-testosterone'),
7
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
8
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
9
dihydroxyestr-4-ene),
10
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
11
dihydroxyestr-4-ene),
12
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
13
dihydroxyestr-5-ene),
14
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
15
dihydroxyestr-5-ene),
16
(xlvii) 19-nor-4,9(10)-androstadienedione
17
(estra-4,9(10)-diene-3,17-dione),
18
(xlviii) 19-nor-4-androstenedione (estr-4-
19
en-3,17-dione),
20
(xlix) 19-nor-5-androstenedione (estr-5-
21
en-3,17-dione),
22
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
23
hydroxygon-4-en-3-one),
24
(li) norclostebol (4-chloro-17[beta]-
25
hydroxyestr-4-en-3-one),
26
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
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LRB104 16644 AAS 30047 b
1
hydroxyestr-4-en-3-one),
2
(liii) normethandrolone (17[alpha]-methyl-17[beta]-
3
hydroxyestr-4-en-3-one),
4
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
5
2-oxa-5[alpha]-androstan-3-one),
6
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
7
dihydroxyandrost-4-en-3-one),
8
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
9
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
10
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
11
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
12
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
13
(5[alpha]-androst-1-en-3-one),
14
(lix) testolactone (13-hydroxy-3-oxo-13,17-
15
secoandrosta-1,4-dien-17-oic
16
acid lactone),
17
(lx) testosterone (17[beta]-hydroxyandrost-
18
4-en-3-one),
19
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
20
diethyl-17[beta]-hydroxygon-
21
4,9,11-trien-3-one),
22
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
23
11-trien-3-one).
24
Any person who is otherwise lawfully in possession of an
25
anabolic steroid, or who otherwise lawfully manufactures,
26
distributes, dispenses, delivers, or possesses with intent to
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1
deliver an anabolic steroid, which anabolic steroid is
2
expressly intended for and lawfully allowed to be administered
3
through implants to livestock or other nonhuman species, and
4
which is approved by the Secretary of Health and Human
5
Services for such administration, and which the person intends
6
to administer or have administered through such implants,
7
shall not be considered to be in unauthorized possession or to
8
unlawfully manufacture, distribute, dispense, deliver, or
9
possess with intent to deliver such anabolic steroid for
10
purposes of this Act.
11
(d) "Administration" means the Drug Enforcement
12
Administration, United States Department of Justice, or its
13
successor agency.
14
(d-5) "Clinical Director, Prescription Monitoring Program"
15
means a Department of Human Services administrative employee
16
licensed to either prescribe or dispense controlled substances
17
who shall run the clinical aspects of the Department of Human
18
Services Prescription Monitoring Program and its Prescription
19
Information Library.
20
(d-10) "Compounding" means the preparation and mixing of
21
components, excluding flavorings, (1) as the result of a
22
prescriber's prescription drug order or initiative based on
23
the prescriber-patient-pharmacist relationship in the course
24
of professional practice or (2) for the purpose of, or
25
incident to, research, teaching, or chemical analysis and not
26
for sale or dispensing. "Compounding" includes the preparation
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1
of drugs or devices in anticipation of receiving prescription
2
drug orders based on routine, regularly observed dispensing
3
patterns. Commercially available products may be compounded
4
for dispensing to individual patients only if both of the
5
following conditions are met: (i) the commercial product is
6
not reasonably available from normal distribution channels in
7
a timely manner to meet the patient's needs and (ii) the
8
prescribing practitioner has requested that the drug be
9
compounded.
10
(e) "Control" means to add a drug or other substance, or
11
immediate precursor, to a Schedule whether by transfer from
12
another Schedule or otherwise.
13
(f) "Controlled Substance" means (i) a drug, substance,
14
immediate precursor, or synthetic drug in the Schedules of
15
Article II of this Act or (ii) a drug or other substance, or
16
immediate precursor, designated as a controlled substance by
17
the Department through administrative rule. The term does not
18
include distilled spirits, wine, malt beverages, or tobacco,
19
as those terms are defined or used in the Liquor Control Act of
20
1934 and the Tobacco Products Tax Act of 1995.
21
(f-5) "Controlled substance analog" means a substance:
22
(1) the chemical structure of which is substantially
23
similar to the chemical structure of a controlled
24
substance in Schedule I or II;
25
(2) which has a stimulant, depressant, or
26
hallucinogenic effect on the central nervous system that
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1
is substantially similar to or greater than the stimulant,
2
depressant, or hallucinogenic effect on the central
3
nervous system of a controlled substance in Schedule I or
4
II; or
5
(3) with respect to a particular person, which such
6
person represents or intends to have a stimulant,
7
depressant, or hallucinogenic effect on the central
8
nervous system that is substantially similar to or greater
9
than the stimulant, depressant, or hallucinogenic effect
10
on the central nervous system of a controlled substance in
11
Schedule I or II.
12
(g) "Counterfeit substance" means a controlled substance,
13
which, or the container or labeling of which, without
14
authorization bears the trademark, trade name, or other
15
identifying mark, imprint, number or device, or any likeness
16
thereof, of a manufacturer, distributor, or dispenser other
17
than the person who in fact manufactured, distributed, or
18
dispensed the substance.
19
(h) "Deliver" or "delivery" means the actual, constructive
20
or attempted transfer of possession of a controlled substance,
21
with or without consideration, whether or not there is an
22
agency relationship. "Deliver" or "delivery" does not include
23
the donation of drugs to the extent permitted under the
24
Illinois Drug Reuse Opportunity Program Act.
25
(i) "Department" means the Illinois Department of Human
26
Services (as successor to the Department of Alcoholism and
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LRB104 16644 AAS 30047 b
1
Substance Abuse) or its successor agency.
2
(j) (Blank).
3
(k) "Department of Corrections" means the Department of
4
Corrections of the State of Illinois or its successor agency.
5
(l) "Department of Financial and Professional Regulation"
6
means the Department of Financial and Professional Regulation
7
of the State of Illinois or its successor agency.
8
(m) "Depressant" means any drug that (i) causes an overall
9
depression of central nervous system functions, (ii) causes
10
impaired consciousness and awareness, and (iii) can be
11
habit-forming or lead to a substance misuse or substance use
12
disorder, including, but not limited to, alcohol, cannabis and
13
its active principles and their analogs, benzodiazepines and
14
their analogs, barbiturates and their analogs, opioids
15
(natural and synthetic) and their analogs, and chloral hydrate
16
and similar sedative hypnotics.
17
(n) (Blank).
18
(o) "Director" means the Director of the Illinois State
19
Police or his or her designated agents.
20
(p) "Dispense" means to deliver a controlled substance to
21
an ultimate user or research subject by or pursuant to the
22
lawful order of a prescriber, including the prescribing,
23
administering, packaging, labeling, or compounding necessary
24
to prepare the substance for that delivery.
25
(q) "Dispenser" means a practitioner who dispenses.
26
(r) "Distribute" means to deliver, other than by
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LRB104 16644 AAS 30047 b
1
administering or dispensing, a controlled substance.
2
(s) "Distributor" means a person who distributes.
3
(t) "Drug" means (1) substances recognized as drugs in the
4
official United States Pharmacopoeia, Official Homeopathic
5
Pharmacopoeia of the United States, or official National
6
Formulary, or any supplement to any of them; (2) substances
7
intended for use in diagnosis, cure, mitigation, treatment, or
8
prevention of disease in man or animals; (3) substances (other
9
than food) intended to affect the structure of any function of
10
the body of man or animals and (4) substances intended for use
11
as a component of any article specified in clause (1), (2), or
12
(3) of this subsection. It does not include devices or their
13
components, parts, or accessories.
14
(t-3) "Electronic health record" or "EHR" means an
15
electronic record of health-related information on an
16
individual that is created, gathered, managed, and consulted
17
by authorized health care clinicians and staff.
18
(t-3.5) "Electronic health record system" or "EHR system"
19
means any computer-based system or combination of federally
20
certified Health IT Modules (defined at 42 CFR 170.102 or its
21
successor) used as a repository for electronic health records
22
and accessed or updated by a prescriber or authorized
23
surrogate in the ordinary course of his or her medical
24
practice. For purposes of connecting to the Prescription
25
Information Library maintained by the Bureau of Pharmacy and
26
Clinical Support Systems or its successor, an EHR system may
SB3421
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LRB104 16644 AAS 30047 b
1
connect to the Prescription Information Library directly or
2
through all or part of a computer program or system that is a
3
federally certified Health IT Module maintained by a third
4
party and used by the EHR system to secure access to the
5
database.
6
(t-4) "Emergency medical services personnel" has the
7
meaning ascribed to it in the Emergency Medical Services (EMS)
8
Systems Act.
9
(t-5) "Euthanasia agency" means an entity certified by the
10
Department of Financial and Professional Regulation for the
11
purpose of animal euthanasia that holds an animal control
12
facility license or animal shelter license under the Animal
13
Welfare Act. A euthanasia agency is authorized to purchase,
14
store, possess, and utilize Schedule II nonnarcotic and
15
Schedule III nonnarcotic drugs for the sole purpose of animal
16
euthanasia.
17
(t-10) "Euthanasia drugs" means Schedule II or Schedule
18
III substances (nonnarcotic controlled substances) that are
19
used by a euthanasia agency for the purpose of animal
20
euthanasia.
21
(u) "Good faith" means the prescribing or dispensing of a
22
controlled substance by a practitioner in the regular course
23
of professional treatment to or for any person who is under his
24
or her treatment for a pathology or condition other than that
25
individual's physical or psychological dependence upon a
26
controlled substance, except as provided herein: and
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LRB104 16644 AAS 30047 b
1
application of the term to a pharmacist shall mean the
2
dispensing of a controlled substance pursuant to the
3
prescriber's order which in the professional judgment of the
4
pharmacist is lawful. The pharmacist shall be guided by
5
accepted professional standards, including, but not limited
6
to, the following, in making the judgment:
7
(1) lack of consistency of prescriber-patient
8
relationship,
9
(2) frequency of prescriptions for same drug by one
10
prescriber for large numbers of patients,
11
(3) quantities beyond those normally prescribed,
12
(4) unusual dosages (recognizing that there may be
13
clinical circumstances where more or less than the usual
14
dose may be used legitimately),
15
(5) unusual geographic distances between patient,
16
pharmacist and prescriber,
17
(6) consistent prescribing of habit-forming drugs.
18
(u-0.5) "Hallucinogen" means a drug that causes markedly
19
altered sensory perception leading to hallucinations of any
20
type.
21
(u-1) "Home infusion services" means services provided by
22
a pharmacy in compounding solutions for direct administration
23
to a patient in a private residence, long-term care facility,
24
or hospice setting by means of parenteral, intravenous,
25
intramuscular, subcutaneous, or intraspinal infusion.
26
(u-5) "Illinois State Police" means the Illinois State
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LRB104 16644 AAS 30047 b
1
Police or its successor agency.
2
(v) "Immediate precursor" means a substance:
3
(1) which the Department has found to be and by rule
4
designated as being a principal compound used, or produced
5
primarily for use, in the manufacture of a controlled
6
substance;
7
(2) which is an immediate chemical intermediary used
8
or likely to be used in the manufacture of such controlled
9
substance; and
10
(3) the control of which is necessary to prevent,
11
curtail or limit the manufacture of such controlled
12
substance.
13
(w) "Instructional activities" means the acts of teaching,
14
educating or instructing by practitioners using controlled
15
substances within educational facilities approved by the State
16
Board of Education or its successor agency.
17
(x) "Local authorities" means a duly organized State,
18
County or Municipal peace unit or police force.
19
(y) "Look-alike substance" means a substance, other than a
20
controlled substance which (1) by overall dosage unit
21
appearance, including shape, color, size, markings or lack
22
thereof, taste, consistency, or any other identifying physical
23
characteristic of the substance, would lead a reasonable
24
person to believe that the substance is a controlled
25
substance, or (2) is expressly or impliedly represented to be
26
a controlled substance or is distributed under circumstances
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LRB104 16644 AAS 30047 b
1
which would lead a reasonable person to believe that the
2
substance is a controlled substance. For the purpose of
3
determining whether the representations made or the
4
circumstances of the distribution would lead a reasonable
5
person to believe the substance to be a controlled substance
6
under this clause (2) of subsection (y), the court or other
7
authority may consider the following factors in addition to
8
any other factor that may be relevant:
9
(a) statements made by the owner or person in control
10
of the substance concerning its nature, use or effect;
11
(b) statements made to the buyer or recipient that the
12
substance may be resold for profit;
13
(c) whether the substance is packaged in a manner
14
normally used for the illegal distribution of controlled
15
substances;
16
(d) whether the distribution or attempted distribution
17
included an exchange of or demand for money or other
18
property as consideration, and whether the amount of the
19
consideration was substantially greater than the
20
reasonable retail market value of the substance.
21
Clause (1) of this subsection (y) shall not apply to a
22
noncontrolled substance in its finished dosage form that was
23
initially introduced into commerce prior to the initial
24
introduction into commerce of a controlled substance in its
25
finished dosage form which it may substantially resemble.
26
Nothing in this subsection (y) prohibits the dispensing or
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LRB104 16644 AAS 30047 b
1
distributing of noncontrolled substances by persons authorized
2
to dispense and distribute controlled substances under this
3
Act, provided that such action would be deemed to be carried
4
out in good faith under subsection (u) if the substances
5
involved were controlled substances.
6
Nothing in this subsection (y) or in this Act prohibits
7
the manufacture, preparation, propagation, compounding,
8
processing, packaging, advertising or distribution of a drug
9
or drugs by any person registered pursuant to Section 510 of
10
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
11
(y-1) "Mail-order pharmacy" means a pharmacy that is
12
located in a state of the United States that delivers,
13
dispenses or distributes, through the United States Postal
14
Service or other common carrier, to Illinois residents, any
15
substance which requires a prescription.
16
(z) "Manufacture" means the production, preparation,
17
propagation, compounding, conversion or processing of a
18
controlled substance other than methamphetamine, either
19
directly or indirectly, by extraction from substances of
20
natural origin, or independently by means of chemical
21
synthesis, or by a combination of extraction and chemical
22
synthesis, and includes any packaging or repackaging of the
23
substance or labeling of its container, except that this term
24
does not include:
25
(1) by an ultimate user, the preparation or
26
compounding of a controlled substance for his or her own
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LRB104 16644 AAS 30047 b
1
use;
2
(2) by a practitioner, or his or her authorized agent
3
under his or her supervision, the preparation,
4
compounding, packaging, or labeling of a controlled
5
substance:
6
(a) as an incident to his or her administering or
7
dispensing of a controlled substance in the course of
8
his or her professional practice; or
9
(b) as an incident to lawful research, teaching or
10
chemical analysis and not for sale; or
11
(3) the packaging, repackaging, or labeling of drugs
12
only to the extent permitted under the Illinois Drug Reuse
13
Opportunity Program Act.
14
(z-1) (Blank).
15
(z-5) "Medication shopping" means the conduct prohibited
16
under subsection (a) of Section 314.5 of this Act.
17
(z-10) "Mid-level practitioner" means (i) a physician
18
assistant
who has been delegated authority to prescribe
19
through a written delegation of authority by a physician
20
licensed to practice medicine in all of its branches, in
21
accordance with Section 7.5 of the Physician Assistant
22
Practice Act of 1987
, (ii) an advanced practice registered
23
nurse who has been delegated authority to prescribe through a
24
written delegation of authority by a physician licensed to
25
practice medicine in all of its branches or by a podiatric
26
physician, in accordance with Section 65-40 of the Nurse
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LRB104 16644 AAS 30047 b
1
Practice Act, (iii) an advanced practice registered nurse
2
certified as a nurse practitioner, nurse midwife, or clinical
3
nurse specialist who has been granted authority to prescribe
4
by a hospital affiliate in accordance with Section 65-45 of
5
the Nurse Practice Act, (iv) an animal euthanasia agency, or
6
(v) a prescribing psychologist.
7
(aa) "Narcotic drug" means any of the following, whether
8
produced directly or indirectly by extraction from substances
9
of vegetable origin, or independently by means of chemical
10
synthesis, or by a combination of extraction and chemical
11
synthesis:
12
(1) opium, opiates, derivatives of opium and opiates,
13
including their isomers, esters, ethers, salts, and salts
14
of isomers, esters, and ethers, whenever the existence of
15
such isomers, esters, ethers, and salts is possible within
16
the specific chemical designation; however the term
17
"narcotic drug" does not include the isoquinoline
18
alkaloids of opium;
19
(2) (blank);
20
(3) opium poppy and poppy straw;
21
(4) coca leaves, except coca leaves and extracts of
22
coca leaves from which substantially all of the cocaine
23
and ecgonine, and their isomers, derivatives and salts,
24
have been removed;
25
(5) cocaine, its salts, optical and geometric isomers,
26
and salts of isomers;
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(6) ecgonine, its derivatives, their salts, isomers,
2
and salts of isomers;
3
(7) any compound, mixture, or preparation which
4
contains any quantity of any of the substances referred to
5
in subparagraphs (1) through (6).
6
(bb) "Nurse" means a registered nurse licensed under the
7
Nurse Practice Act.
8
(cc) (Blank).
9
(dd) "Opiate" means a drug derived from or related to
10
opium.
11
(ee) "Opium poppy" means the plant of the species Papaver
12
somniferum L., except its seeds.
13
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
14
solution or other liquid form of medication intended for
15
administration by mouth, but the term does not include a form
16
of medication intended for buccal, sublingual, or transmucosal
17
administration.
18
(ff) "Parole and Pardon Board" means the Parole and Pardon
19
Board of the State of Illinois or its successor agency.
20
(gg) "Person" means any individual, corporation,
21
mail-order pharmacy, government or governmental subdivision or
22
agency, business trust, estate, trust, partnership or
23
association, or any other entity.
24
(hh) "Pharmacist" means any person who holds a license or
25
certificate of registration as a registered pharmacist, a
26
local registered pharmacist or a registered assistant
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pharmacist under the Pharmacy Practice Act.
2
(ii) "Pharmacy" means any store, ship or other place in
3
which pharmacy is authorized to be practiced under the
4
Pharmacy Practice Act.
5
(ii-5) "Pharmacy shopping" means the conduct prohibited
6
under subsection (b) of Section 314.5 of this Act.
7
(ii-10) "Physician" (except when the context otherwise
8
requires) means a person licensed to practice medicine in all
9
of its branches.
10
(jj) "Poppy straw" means all parts, except the seeds, of
11
the opium poppy, after mowing.
12
(kk) "Practitioner" means a physician licensed to practice
13
medicine in all its branches, dentist, optometrist, podiatric
14
physician, veterinarian, scientific investigator, pharmacist,
15
physician assistant, advanced practice registered nurse,
16
licensed practical nurse, registered nurse, emergency medical
17
services personnel, hospital, laboratory, or pharmacy, or
18
other person licensed, registered, or otherwise lawfully
19
permitted by the United States or this State to distribute,
20
dispense, conduct research with respect to, administer or use
21
in teaching or chemical analysis, a controlled substance in
22
the course of professional practice or research.
23
(ll) "Pre-printed prescription" means a written
24
prescription upon which the designated drug has been indicated
25
prior to the time of issuance; the term does not mean a written
26
prescription that is individually generated by machine or
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computer in the prescriber's office.
2
(mm) "Prescriber" means a physician licensed to practice
3
medicine in all its branches, dentist, optometrist,
4
prescribing psychologist licensed under Section 4.2 of the
5
Clinical Psychologist Licensing Act with prescriptive
6
authority delegated under Section 4.3 of the Clinical
7
Psychologist Licensing Act, podiatric physician, or
8
veterinarian who issues a prescription, a physician assistant
9
who issues a prescription for a controlled substance in
10
accordance with Section 303.05,
a written delegation, and a
11
written collaborative agreement required under Section 7.5 of
12
the Physician Assistant Practice Act of 1987,
an advanced
13
practice registered nurse with prescriptive authority
14
delegated under Section 65-40 of the Nurse Practice Act and in
15
accordance with Section 303.05, a written delegation, and a
16
written collaborative agreement under Section 65-35 of the
17
Nurse Practice Act, an advanced practice registered nurse
18
certified as a nurse practitioner, nurse midwife, or clinical
19
nurse specialist who has been granted authority to prescribe
20
by a hospital affiliate in accordance with Section 65-45 of
21
the Nurse Practice Act and in accordance with Section 303.05,
22
or an advanced practice registered nurse certified as a nurse
23
practitioner, nurse midwife, or clinical nurse specialist who
24
has full practice authority pursuant to Section 65-43 of the
25
Nurse Practice Act.
26
(nn) "Prescription" means a written, facsimile, or oral
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order, or an electronic order that complies with applicable
2
federal requirements, of a physician licensed to practice
3
medicine in all its branches, dentist, podiatric physician or
4
veterinarian for any controlled substance, of an optometrist
5
in accordance with Section 15.1 of the Illinois Optometric
6
Practice Act of 1987, of a prescribing psychologist licensed
7
under Section 4.2 of the Clinical Psychologist Licensing Act
8
with prescriptive authority delegated under Section 4.3 of the
9
Clinical Psychologist Licensing Act, of a physician assistant
10
for a controlled substance in accordance with Section 303.05,
11
a written delegation, and a written collaborative agreement
12
required under Section 7.5 of the Physician Assistant Practice
13
Act of 1987, of an advanced practice registered nurse with
14
prescriptive authority delegated under Section 65-40 of the
15
Nurse Practice Act who issues a prescription for a controlled
16
substance in accordance with Section 303.05, a written
17
delegation, and a written collaborative agreement under
18
Section 65-35 of the Nurse Practice Act, of an advanced
19
practice registered nurse certified as a nurse practitioner,
20
nurse midwife, or clinical nurse specialist who has been
21
granted authority to prescribe by a hospital affiliate in
22
accordance with Section 65-45 of the Nurse Practice Act and in
23
accordance with Section 303.05 when required by law, or of an
24
advanced practice registered nurse certified as a nurse
25
practitioner, nurse midwife, or clinical nurse specialist who
26
has full practice authority pursuant to Section 65-43 of the
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Nurse Practice Act.
2
(nn-5) "Prescription Information Library" (PIL) means an
3
electronic library that contains reported controlled substance
4
data.
5
(nn-10) "Prescription Monitoring Program" (PMP) means the
6
entity that collects, tracks, and stores reported data on
7
controlled substances and select drugs pursuant to Section
8
316.
9
(oo) "Production" or "produce" means manufacture,
10
planting, cultivating, growing, or harvesting of a controlled
11
substance other than methamphetamine.
12
(pp) "Registrant" means every person who is required to
13
register under Section 302 of this Act.
14
(qq) "Registry number" means the number assigned to each
15
person authorized to handle controlled substances under the
16
laws of the United States and of this State.
17
(qq-5) "Secretary" means, as the context requires, either
18
the Secretary of the Department or the Secretary of the
19
Department of Financial and Professional Regulation, and the
20
Secretary's designated agents.
21
(rr) "State" includes the State of Illinois and any state,
22
district, commonwealth, territory, insular possession thereof,
23
and any area subject to the legal authority of the United
24
States of America.
25
(rr-5) "Stimulant" means any drug that (i) causes an
26
overall excitation of central nervous system functions, (ii)
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causes impaired consciousness and awareness, and (iii) can be
2
habit-forming or lead to a substance use disorder, including,
3
but not limited to, amphetamines and their analogs,
4
methylphenidate and its analogs, cocaine, and phencyclidine
5
and its analogs.
6
(rr-10) "Synthetic drug" includes, but is not limited to,
7
any synthetic cannabinoids or piperazines or any synthetic
8
cathinones as provided for in Schedule I.
9
(ss) "Ultimate user" means a person who lawfully possesses
10
a controlled substance for his or her own use or for the use of
11
a member of his or her household or for administering to an
12
animal owned by him or her or by a member of his or her
13
household.
14
(Source: P.A. 102-389, eff. 1-1-22; 102-538, eff. 8-20-21;
15
102-813, eff. 5-13-22; 103-881, eff. 1-1-25
.)
16
(720 ILCS 570/303.05)
17
Sec. 303.05.
Mid-level practitioner registration.
18
(a) The Department of Financial and Professional
19
Regulation shall register licensed physician assistants,
20
licensed advanced practice registered nurses, and prescribing
21
psychologists licensed under Section 4.2 of the Clinical
22
Psychologist Licensing Act to prescribe and dispense
23
controlled substances under Section 303 and euthanasia
24
agencies to purchase, store, or administer animal euthanasia
25
drugs under the following circumstances:
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(1) with respect to physician assistants,
2
(A) the physician assistant has been delegated
3
written authority to prescribe any Schedule III
4
through V controlled substances by a physician
5
licensed to practice medicine in all its branches in
6
accordance with Section 7.5 of the Physician Assistant
7
Practice Act of 1987; and the physician assistant has
8
completed the appropriate application forms and has
9
paid the required fees as set by rule; or
10
(B) the physician assistant has been delegated
11
authority by a collaborating physician licensed to
12
practice medicine in all its branches to prescribe or
13
dispense Schedule II controlled substances through a
14
written delegation of authority and under the
15
following conditions:
16
(i) Specific Schedule II controlled substances
17
by oral dosage or topical or transdermal
18
application may be delegated, provided that the
19
delegated Schedule II controlled substances are
20
routinely prescribed by the collaborating
21
physician. This delegation must identify the
22
specific Schedule II controlled substances by
23
either brand name or generic name. Schedule II
24
controlled substances to be delivered by injection
25
or other route of administration may not be
26
delegated;
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(ii) any delegation must be of controlled
2
substances prescribed by the collaborating
3
physician;
4
(iii) all prescriptions must be limited to no
5
more than a 30-day supply, with any continuation
6
authorized only after prior approval of the
7
collaborating physician;
8
(iv) the physician assistant must discuss the
9
condition of any patients for whom a controlled
10
substance is prescribed monthly with the
11
delegating physician;
12
(A)
(v)
the physician assistant must have
13
completed the appropriate application forms and paid
14
the required fees as set by rule;
15
(B)
(vi)
the physician assistant must provide
16
evidence of satisfactory completion of 45 contact
17
hours in pharmacology from any physician assistant
18
program accredited by the Accreditation Review
19
Commission on Education for the Physician Assistant
20
(ARC-PA), or its predecessor agency, for any new
21
license issued with Schedule II authority after the
22
effective date of this amendatory Act of the 97th
23
General Assembly; and
24
(C)
(vii)
the physician assistant must annually
25
complete at least 5 hours of continuing education in
26
pharmacology;
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(2) with respect to advanced practice registered
2
nurses who do not meet the requirements of Section 65-43
3
of the Nurse Practice Act,
4
(A) the advanced practice registered nurse has
5
been delegated authority to prescribe any Schedule III
6
through V controlled substances by a collaborating
7
physician licensed to practice medicine in all its
8
branches or a collaborating podiatric physician in
9
accordance with Section 65-40 of the Nurse Practice
10
Act. The advanced practice registered nurse has
11
completed the appropriate application forms and has
12
paid the required fees as set by rule; or
13
(B) the advanced practice registered nurse has
14
been delegated authority by a collaborating physician
15
licensed to practice medicine in all its branches to
16
prescribe or dispense Schedule II controlled
17
substances through a written delegation of authority
18
and under the following conditions:
19
(i) specific Schedule II controlled substances
20
by oral dosage or topical or transdermal
21
application may be delegated, provided that the
22
delegated Schedule II controlled substances are
23
routinely prescribed by the collaborating
24
physician. This delegation must identify the
25
specific Schedule II controlled substances by
26
either brand name or generic name. Schedule II
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controlled substances to be delivered by injection
2
or other route of administration may not be
3
delegated;
4
(ii) any delegation must be of controlled
5
substances prescribed by the collaborating
6
physician;
7
(iii) all prescriptions must be limited to no
8
more than a 30-day supply, with any continuation
9
authorized only after prior approval of the
10
collaborating physician;
11
(iv) the advanced practice registered nurse
12
must discuss the condition of any patients for
13
whom a controlled substance is prescribed monthly
14
with the delegating physician or in the course of
15
review as required by Section 65-40 of the Nurse
16
Practice Act;
17
(v) the advanced practice registered nurse
18
must have completed the appropriate application
19
forms and paid the required fees as set by rule;
20
(vi) the advanced practice registered nurse
21
must provide evidence of satisfactory completion
22
of at least 45 graduate contact hours in
23
pharmacology for any new license issued with
24
Schedule II authority after the effective date of
25
this amendatory Act of the 97th General Assembly;
26
and
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(vii) the advanced practice registered nurse
2
must annually complete 5 hours of continuing
3
education in pharmacology;
4
(2.5) with respect to advanced practice registered
5
nurses certified as nurse practitioners, nurse midwives,
6
or clinical nurse specialists who do not meet the
7
requirements of Section 65-43 of the Nurse Practice Act
8
practicing in a hospital affiliate,
9
(A) the advanced practice registered nurse
10
certified as a nurse practitioner, nurse midwife, or
11
clinical nurse specialist has been privileged to
12
prescribe any Schedule II through V controlled
13
substances by the hospital affiliate upon the
14
recommendation of the appropriate physician committee
15
of the hospital affiliate in accordance with Section
16
65-45 of the Nurse Practice Act, has completed the
17
appropriate application forms, and has paid the
18
required fees as set by rule; and
19
(B) an advanced practice registered nurse
20
certified as a nurse practitioner, nurse midwife, or
21
clinical nurse specialist has been privileged to
22
prescribe any Schedule II controlled substances by the
23
hospital affiliate upon the recommendation of the
24
appropriate physician committee of the hospital
25
affiliate, then the following conditions must be met:
26
(i) specific Schedule II controlled substances
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by oral dosage or topical or transdermal
2
application may be designated, provided that the
3
designated Schedule II controlled substances are
4
routinely prescribed by advanced practice
5
registered nurses in their area of certification;
6
the privileging documents must identify the
7
specific Schedule II controlled substances by
8
either brand name or generic name; privileges to
9
prescribe or dispense Schedule II controlled
10
substances to be delivered by injection or other
11
route of administration may not be granted;
12
(ii) any privileges must be controlled
13
substances limited to the practice of the advanced
14
practice registered nurse;
15
(iii) any prescription must be limited to no
16
more than a 30-day supply;
17
(iv) the advanced practice registered nurse
18
must discuss the condition of any patients for
19
whom a controlled substance is prescribed monthly
20
with the appropriate physician committee of the
21
hospital affiliate or its physician designee; and
22
(v) the advanced practice registered nurse
23
must meet the education requirements of this
24
Section;
25
(3) with respect to animal euthanasia agencies, the
26
euthanasia agency has obtained a license from the
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Department of Financial and Professional Regulation and
2
obtained a registration number from the Department; or
3
(4) with respect to prescribing psychologists, the
4
prescribing psychologist has been delegated authority to
5
prescribe any nonnarcotic Schedule III through V
6
controlled substances by a collaborating physician
7
licensed to practice medicine in all its branches in
8
accordance with Section 4.3 of the Clinical Psychologist
9
Licensing Act, and the prescribing psychologist has
10
completed the appropriate application forms and has paid
11
the required fees as set by rule.
12
(b) The mid-level practitioner shall only be licensed to
13
prescribe those schedules of controlled substances for which a
14
licensed physician has delegated prescriptive authority,
15
except that an animal euthanasia agency does not have any
16
prescriptive authority
and a physician assistant shall have
17
prescriptive authority in accordance with the Physician
18
Assistant Practice Act of 1987 without delegation by a
19
physician
.
An
A physician assistant and an
advanced practice
20
registered nurse
is
are
prohibited from prescribing
21
medications and controlled substances not set forth in the
22
required written delegation of authority or as authorized by
23
their practice Act.
24
(c) Upon completion of all registration requirements,
25
physician assistants, advanced practice registered nurses, and
26
animal euthanasia agencies may be issued a mid-level
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practitioner controlled substances license for Illinois.
2
(d) A collaborating physician may, but is not required to,
3
delegate prescriptive authority to an advanced practice
4
registered nurse as part of a written collaborative agreement,
5
and the delegation of prescriptive authority shall conform to
6
the requirements of Section 65-40 of the Nurse Practice Act.
7
(e)
(Blank).
A collaborating physician may, but is not
8
required to, delegate prescriptive authority to a physician
9
assistant as part of a written collaborative agreement, and
10
the delegation of prescriptive authority shall conform to the
11
requirements of Section 7.5 of the Physician Assistant
12
Practice Act of 1987.
13
(f) Nothing in this Section shall be construed to prohibit
14
generic substitution.
15
(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
16
100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
17
Section 95.
No acceleration or delay.
Where this Act makes
18
changes in a statute that is represented in this Act by text
19
that is not yet or no longer in effect (for example, a Section
20
represented by multiple versions), the use of that text does
21
not accelerate or delay the taking effect of (i) the changes
22
made by this Act or (ii) provisions derived from any other
23
Public Act.
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