Bill Text: IL HB3074 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Clinical Psychologist Licensing Act. Provides that the Clinical Psychologists Licensing and Disciplinary Board shall grant certification as prescribing psychologists to doctoral level psychologists licensed under the Act. Provides application requirements for certification as a prescribing psychologist. Provides that the Board shall establish a method for the renewal every 2 years of prescribing psychologist certificates. Provides procedures for safety and record keeping. Provides that when a psychologist is authorized to prescribe controlled substances, a prescribing psychologist shall file, in a timely manner, any individual Drug Enforcement Agency registrations and identification numbers with the Board. Requires certain communication between the Board and the State Board of Pharmacy. Provides requirements for licensure by endorsement. Defines related terms. Amends the Illinois Controlled Substances Act. Includes prescribing psychologist in the definition of "prescriber".

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3074 Detail]

Download: Illinois-2013-HB3074-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3074 Introduced , by Rep. John E. Bradley SYNOPSIS AS INTRODUCED:
225 ILCS 15/2 from Ch. 111, par. 5352
225 ILCS 15/4.1 new
225 ILCS 15/4.2 new
225 ILCS 15/4.3 new
225 ILCS 15/4.4 new
225 ILCS 15/4.5 new
225 ILCS 15/4.6 new
225 ILCS 15/4.7 new
720 ILCS 570/102 from Ch. 56 1/2, par. 1102
Amends the Clinical Psychologist Licensing Act. Provides that the Clinical Psychologists Licensing and Disciplinary Board shall grant certification as prescribing psychologists to doctoral level psychologists licensed under the Act. Provides application requirements for certification as a prescribing psychologist. Provides that the Board shall establish a method for the renewal every 2 years of prescribing psychologist certificates. Provides procedures for safety and record keeping. Provides that when a psychologist is authorized to prescribe controlled substances, a prescribing psychologist shall file, in a timely manner, any individual Drug Enforcement Agency registrations and identification numbers with the Board. Requires certain communication between the Board and the State Board of Pharmacy. Provides requirements for licensure by endorsement. Defines related terms. Amends the Illinois Controlled Substances Act. Includes prescribing psychologist in the definition of "prescriber".
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clinical Psychologist Licensing Act is
amended by changing Section 2 and by adding Sections 4.1, 4.2,
4.3, 4.4, 4.5, 4.6, and 4.7 as follows:
(225 ILCS 15/2) (from Ch. 111, par. 5352)
(Section scheduled to be repealed on January 1, 2017)
Sec. 2. Definitions. As used in this Act:
(1) "Department" means the Department of Financial and
Professional Regulation.
(2) "Secretary" means the Secretary of Financial and
Professional Regulation.
(3) "Board" means the Clinical Psychologists Licensing
and Disciplinary Board appointed by the Secretary.
(4) "Person" means an individual, association,
partnership or corporation.
(5) "Clinical psychology" means the independent
evaluation, classification and treatment of mental,
emotional, behavioral or nervous disorders or conditions,
developmental disabilities, alcoholism and substance
abuse, disorders of habit or conduct, the psychological
aspects of physical illness. The practice of clinical

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psychology includes psychoeducational evaluation, therapy,
remediation and consultation, the use of psychological and
neuropsychological testing, assessment, psychotherapy,
psychoanalysis, hypnosis, biofeedback, and behavioral
modification when any of these are used for the purpose of
preventing or eliminating psychopathology, or for the
amelioration of psychological disorders of individuals or
groups. "Clinical psychology" does not include the use of
hypnosis by unlicensed persons pursuant to Section 3.
(6) A person represents himself to be a "clinical
psychologist" within the meaning of this Act when he or she
holds himself out to the public by any title or description
of services incorporating the words "psychological",
"psychologic", "psychologist", "psychology", or "clinical
psychologist" or under such title or description offers to
render or renders clinical psychological services as
defined in paragraph (7) of this Section to individuals,
corporations, or the public for remuneration.
(7) "Clinical psychological services" refers to any
services under paragraph (5) of this Section if the words
"psychological", "psychologic", "psychologist",
"psychology" or "clinical psychologist" are used to
describe such services by the person or organization
offering to render or rendering them.
(8) "Drugs" has the meaning given to that term in the
Pharmacy Practice Act.

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(9) "Medicines" has the meaning given to that term in
the Pharmacy Practice Act.
(10) "Prescription" means an order for a drug,
laboratory test, or any medicines, including controlled
substances as defined the Illinois Controlled Substances
Act, devices, or treatments.
(11) "Prescriptive authority" means the authority to
prescribe and dispense drugs, medicines, or other
treatment procedures.
(12) "Prescribing psychologist" means a licensed,
doctoral level psychologist who has undergone specialized
training, has passed an examination accepted by the Board,
and has received a current certificate granting
prescriptive authority that has not been revoked or
suspended from the Board.
This Act shall not apply to persons lawfully carrying on
their particular profession or business under any valid
existing regulatory Act of the State.
(Source: P.A. 94-870, eff. 6-16-06.)
(225 ILCS 15/4.1 new)
Sec. 4.1. Prescribing psychologist certification;
prescriptive authority. The Board shall grant certification as
prescribing psychologists to doctoral level psychologists
licensed under this Act. The certification shall grant
prescribing psychologists prescriptive authority to prescribe

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and dispense those drugs used in the treatment of mental,
emotional, and psychological disorders in accordance with
applicable State and federal laws. The Board shall develop and
implement procedures and criteria for reviewing educational
and training credentials for the certification process and the
extent of prescriptive authority, in accordance with current
standards of professional practice.
(225 ILCS 15/4.2 new)
Sec. 4.2. Prescribing psychologist certification
application requirements.
(a) The Department shall grant prescribing psychologists
certification to a psychologist who applies for certification
and demonstrates by official transcript or other official
evidence satisfactory to the Board:
(1) completion of a doctoral program in psychology from
a regionally accredited university or professional school
or, if the program is not accredited at the time of
graduation, completion of a doctoral program in psychology
that meets recognized acceptable professional standards as
determined by the Board;
(2) possession of a current and valid license to
practice psychology in the State;
(3) graduation with a master's degree in clinical
psychopharmacology from a regionally accredited
institution, the curriculum of which shall include

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instruction in anatomy and physiology, biochemistry,
neurosciences, pharmacology, psychopharmacology, clinical
medicine, pathophysiology, and physical and laboratory
assessment.
(4) within the 5 years immediately preceding the date
of application, certification by the applicant's
supervising psychiatrist or physician as having
successfully completed a supervised and relevant clinical
experience approved by the Board of no less than an 80-hour
practicum in clinical assessment and pathophysiology and
an additional supervised practicum of at least 400 hours
treating no fewer than 100 patients with mental disorders;
both practica shall be supervised by an appropriately
trained physician or a prescribing psychologist determined
by the Board competent to train the applicant in the
treatment of a diverse patient population; a portion of the
clinical experience shall occur in one or more of the
following settings:
(A) correctional facilities;
(B) federally qualified health centers, as defined
in the Social Security Act (42 U.S.C. 1396d); or
(C) community service agencies serving the
seriously mentally ill;
(D) local, State, or federal facilities; and
(5) successful completion of a National certifying
exam.

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(225 ILCS 15/4.3 new)
Sec. 4.3. Renewal of prescribing psychologist
certification.
(a) The Board shall establish, by rule, a method for the
renewal every 2 years of prescribing psychologist certificates
at the time of, or in conjunction with, the renewal of clinical
psychology licenses.
(b) Each applicant for renewal of prescribing psychologist
certification shall present satisfactory evidence to the Board
demonstrating the completion of 24 required hours of
instruction relevant to prescriptive authority during the 24
months prior to application for renewal. A minimum of 20% of a
prescribing psychologist's required hours of instruction shall
be provided by the Illinois Psychological Association.
(225 ILCS 15/4.4 new)
Sec. 4.4. Prescribing practices.
(a) Every prescription by a prescribing psychologist shall
(1) comply with all applicable State and federal laws, (2) be
identified as issued by the psychologist as a prescribing
psychologist, and (3) include the prescribing psychologist's
identification number, as assigned by the Board.
(b) Records of all prescriptions shall be maintained in
patient records.
(c) A prescribing psychologist shall not delegate the

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prescriptive authority to any other person.
(d) A prescribing psychologist shall maintain an ongoing
collaborative relationship with the physician, attending
physician, or referring physician who oversees the patient's
general medical care to ensure that (1) all necessary medical
examinations are conducted, (2) all medical and psychological
issues are communicated, (3) no prescribed medications are
contraindicated, and (4) all significant changes in the
patient's medical or psychological condition are communicated.
For the purposes of this Section, "collaborative relationship"
means a cooperative working relationship between a prescribing
psychologist and a physician, attending physician, or
referring physician in the provision of patient care, including
diagnosis and cooperation in the management and delivery of
physical and mental health care.
(e) A prescribing psychologist shall undertake the
following measures to ensure patient safety:
(1) collect a medical and family history;
(2) conduct a mental status examination and mental
health differential diagnosis;
(3) collect information on risk factors related to the
diagnostic condition;
(4) collect information on food and drug allergies;
(5) collect information on patient medications;
(6) provide patient education on prescriptions,
including dosing requirements and instructions, expected

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benefits, and potential side effects;
(7) record any adverse effects from prescriptions;
(8) maintain progress notes, including a follow-up
plan, discharge plan, and other plans as needed; and
(9) document communication with the patient's
physician, attending physician, or referring physician.
(f) A prescribing psychologist shall, when prescribing
medication or modifying a prescription, communicate within 24
hours to the patient's physician, attending physician, or
referring physician via phone, fax, or other electronic
communication the following:
(1) date, time, and duration of the appointment;
(2) patient's name and date of birth;
(3) patient's height, weight, blood pressure, heart
rate, and pulse;
(4) key safety issues;
(5) all drugs currently prescribed to patient; and
(6) all drugs prescribed, dosages, and reason for
prescribing.
(g) The prescribing psychologist shall be responsible for
memorializing all communications with patient's physician,
attending physician, or referring physician.
(225 ILCS 15/4.5 new)
Sec. 4.5. Controlled substance prescriptive authority.
(a) When authorized to prescribe controlled substances, a

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prescribing psychologist shall file, in a timely manner, any
individual Drug Enforcement Agency registrations and
identification numbers with the Board.
(b) The Board shall maintain current records of every
prescribing psychologist, including Drug Enforcement Agency
registration and identification numbers.
(225 ILCS 15/4.6 new)
Sec. 4.6. State Board of Pharmacy interaction.
(a) The Board shall transmit to the State Board of Pharmacy
an annual list of prescribing psychologists containing the
following information:
(1) the name of the prescribing psychologist;
(2) the prescribing psychologist's identification
number assigned by the Board; and
(3) the effective dates of the prescribing
psychologist's certification.
(b) The Board shall promptly forward to the Board of
Pharmacy the names and titles of psychologists added to or
deleted from the annual list of prescribing psychologists.
(c) The Board shall notify the State Board of Pharmacy, in
a timely manner, upon termination, suspension, or
reinstatement of a psychologist's certification as a
prescribing psychologist.
(225 ILCS 15/4.7 new)

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Sec. 4.7. Endorsement.
(a) Individuals who are already licensed as medical or
prescribing psychologists in another state may apply for an
Illinois license by endorsement from that state, or acceptance
of that state's examination. Applicants from other states may
not be required to pass an examination in Illinois if they meet
requirements set forth in this Act and its rules, such as proof
of education, testing, and experience. The Board shall not
issue a license until it has received and approved all
documentation.
(b) Individuals who graduated from the Department of
Defense Psychopharmacology Demonstration Project may apply for
an Illinois license by endorsement. Applicants from the
Department of Defense Psychopharmacology Demonstration Project
may not be required to pass an examination in Illinois if they
meet requirements set forth in this Act and its rules, such as
proof of education, testing, and experience. The Board shall
not issue a license until it has received and approved all
documentation.
Section 10. The Illinois Controlled Substances Act is
amended by changing Section 102 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:

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(a) "Addict" means any person who habitually uses any drug,
chemical, substance or dangerous drug other than alcohol so as
to endanger the public morals, health, safety or welfare or who
is so far addicted to the use of a dangerous drug or controlled
substance other than alcohol as to have lost the power of self
control with reference to his or her addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by his
or her authorized agent),
(2) the patient or research subject pursuant to an
order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor,
dispenser, prescriber, or practitioner. It does not include a
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,
corticosteroids, and dehydroepiandrosterone), and includes:

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(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-

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hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5[alpha]
-androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

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dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane),
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane),
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

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hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),

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(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is

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expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services
for such administration, and which the person intends to
administer or have administered through such implants, shall
not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
who shall run the clinical aspects of the Department of Human
Services Prescription Monitoring Program and its Prescription
Information Library.
(d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug

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orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule whether by transfer from
another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance, or
immediate precursor in the Schedules of Article II of this Act
or (ii) a drug or other substance, or immediate precursor,
designated as a controlled substance by the Department through
administrative rule. The term does not include distilled
spirits, wine, malt beverages, or tobacco, as those terms are
defined or used in the Liquor Control Act and the Tobacco
Products Tax Act.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled substance
in Schedule I or II;
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant,

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depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or
II; or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
(g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of

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Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall
depression of central nervous system functions, (ii) causes
impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to alcohol, cannabis and its active principles
and their analogs, benzodiazepines and their analogs,
barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar
sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the

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official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
(t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the
purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) that are used
by a euthanasia agency for the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his or
her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or

HB3074 - 22 - LRB098 10630 MGM 40909 b
addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the
dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any
type.
(u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to
a patient in a private residence, long-term care facility, or
hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.

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(u-5) "Illinois State Police" means the State Police of the
State of Illinois, or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled
substance;
(2) which is an immediate chemical intermediary used or
likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable person
to believe that the substance is a controlled substance, or (2)
is expressly or impliedly represented to be a controlled

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substance or is distributed under circumstances which would
lead a reasonable person to believe that the substance is a
controlled substance. For the purpose of determining whether
the representations made or the circumstances of the
distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of
subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
(a) statements made by the owner or person in control
of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the
substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted distribution
included an exchange of or demand for money or other
property as consideration, and whether the amount of the
consideration was substantially greater than the
reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.

HB3074 - 25 - LRB098 10630 MGM 40909 b
Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug or
drugs by any person registered pursuant to Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States that delivers,
dispenses or distributes, through the United States Postal
Service or other common carrier, to Illinois residents, any
substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
(1) by an ultimate user, the preparation or compounding

HB3074 - 26 - LRB098 10630 MGM 40909 b
of a controlled substance for his or her own use; or
(2) by a practitioner, or his or her authorized agent
under his or her supervision, the preparation,
compounding, packaging, or labeling of a controlled
substance:
(a) as an incident to his or her administering or
dispensing of a controlled substance in the course of
his or her professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale.
(z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited
under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe through
a written delegation of authority by a physician licensed to
practice medicine in all of its branches, in accordance with
Section 7.5 of the Physician Assistant Practice Act of 1987,
(ii) an advanced practice nurse who has been delegated
authority to prescribe through a written delegation of
authority by a physician licensed to practice medicine in all
of its branches or by a podiatrist, in accordance with Section
65-40 of the Nurse Practice Act, or (iii) an animal euthanasia
agency.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances

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of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible within
the specific chemical designation; however the term
"narcotic drug" does not include the isoquinoline
alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
coca leaves from which substantially all of the cocaine and
ecgonine, and their isomers, derivatives and salts, have
been removed;
(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;
(6) ecgonine, its derivatives, their salts, isomers,
and salts of isomers;
(7) any compound, mixture, or preparation which
contains any quantity of any of the substances referred to
in subparagraphs (1) through (6).
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).

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(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a local
registered pharmacist or a registered assistant pharmacist
under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the Pharmacy
Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.

HB3074 - 29 - LRB098 10630 MGM 40909 b
(ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all
of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
podiatrist, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice nurse, licensed
practical nurse, registered nurse, hospital, laboratory, or
pharmacy, or other person licensed, registered, or otherwise
lawfully permitted by the United States or this State to
distribute, dispense, conduct research with respect to,
administer or use in teaching or chemical analysis, a
controlled substance in the course of professional practice or
research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance; the term does not mean a written
prescription that is individually generated by machine or
computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
prescribing psychologist certified under the Clinical
Psychologist Licensing Act, podiatrist, or veterinarian who
issues a prescription, a physician assistant who issues a

HB3074 - 30 - LRB098 10630 MGM 40909 b
prescription for a controlled substance in accordance with
Section 303.05, a written delegation, and a written supervision
agreement required under Section 7.5 of the Physician Assistant
Practice Act of 1987, or an advanced practice nurse with
prescriptive authority delegated under Section 65-40 of the
Nurse Practice Act and in accordance with Section 303.05, a
written delegation, and a written collaborative agreement
under Section 65-35 of the Nurse Practice Act.
(nn) "Prescription" means a written, facsimile, or oral
order, or an electronic order that complies with applicable
federal requirements, of a physician licensed to practice
medicine in all its branches, dentist, podiatrist or
veterinarian for any controlled substance, of an optometrist
for a Schedule III, IV, or V controlled substance in accordance
with Section 15.1 of the Illinois Optometric Practice Act of
1987, of a physician assistant for a controlled substance in
accordance with Section 303.05, a written delegation, and a
written supervision agreement required under Section 7.5 of the
Physician Assistant Practice Act of 1987, or of an advanced
practice nurse with prescriptive authority delegated under
Section 65-40 of the Nurse Practice Act who issues a
prescription for a controlled substance in accordance with
Section 303.05, a written delegation, and a written
collaborative agreement under Section 65-35 of the Nurse
Practice Act when required by law.
(nn-5) "Prescription Information Library" (PIL) means an

HB3074 - 31 - LRB098 10630 MGM 40909 b
electronic library that contains reported controlled substance
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on
controlled substances and select drugs pursuant to Section 316.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(rr-5) "Stimulant" means any drug that (i) causes an
overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to amphetamines and their analogs,

HB3074 - 32 - LRB098 10630 MGM 40909 b
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 96-189, eff. 8-10-09; 96-268, eff. 8-11-09;
97-334, eff. 1-1-12.)