Bill Text: IL SB2187 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Moderate Partisan Bill (Democrat 13-4)

Status: (Passed) 2014-06-25 - Public Act . . . . . . . . . 98-0668 [SB2187 Detail]

Download: Illinois-2013-SB2187-Amended.html

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Rep. John E. Bradley

Filed: 5/16/2014

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AMENDMENT TO SENATE BILL 2187
AMENDMENT NO. ______. Amend Senate Bill 2187, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Clinical Psychologist Licensing Act is
amended by changing Sections 2, 7, and 15 and by adding
Sections 4.1, 4.1a, 4.2, 4.3, 4.4, and 4.5 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(Section scheduled to be repealed on January 1, 2017)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.

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(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
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" or "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

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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) "Supervising physician" means a licensed physician
who is authorized to prescribe psychotropic medication,
has experience with a full range of complex mental
disorders and a mix of diagnoses, and generally prescribes
psychotropic medication to his or her patients in the
normal course of his or her clinical medical practice in
such a manner that reflects the clinical focus of the
conditional prescribing psychologist.
(9) "Collaborating physician" means a licensed
physician who is authorized to prescribe psychotropic
medications and generally prescribes these medications to
his or her patients in the normal course of his or her
clinical medical practice.
(10) "Conditional 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 license granting
prescriptive authority under Section 4.1 of this Act that
has not been revoked or suspended from the Department.

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(11) "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 license granting prescriptive
authority under Section 4.2 of this Act that has not been
revoked or suspended from the Department.
(12) "Prescriptive authority" means the authority to
prescribe, administer, discontinue, or distribute drugs or
medicines.
(13) "Prescription" means an order for a drug,
laboratory test, or any medicines, including controlled
substances as defined in the Illinois Controlled
Substances Act, devices, or treatments.
(14) "Drugs" has the meaning given to that term in the
Pharmacy Practice Act.
(15) "Medicines" has the meaning given to that term in
the Pharmacy Practice Act.
(16) "Cross-indicated drug" means a drug that is used
for a purpose generally held to be reasonable, appropriate,
and within the community standards of practice even though
the use is not included in the federal Food and Drug
Administration's approved labeled indications for the
drug.
This Act shall not apply to persons lawfully carrying on
their particular profession or business under any valid
existing regulatory Act of the State.

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(Source: P.A. 94-870, eff. 6-16-06.)
(225 ILCS 15/4.1 new)
Sec. 4.1. Conditional prescribing psychologist license.
(a) A psychologist may apply to the Department for a
conditional prescribing psychologist license, which shall be
valid for a period of 2 years. The Department may extend the
duration of a conditional prescribing psychologist license for
an additional year pending the issuance of a prescribing
psychologist license issued under Section 4.2 of this Act. The
application for a conditional prescribing psychologist license
shall be made on a form approved by the Department, include the
payment of any required fees, and be accompanied by evidence
satisfactory to the Department that the applicant:
(1) has completed 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 Department, in consultation with the
Board;
(2) holds a current and valid license to practice
clinical psychology in the State;
(3) has graduated with a master's degree in clinical
psychopharmacology from a regionally accredited
institution that requires students to possess sufficient

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knowledge of human biology, anatomy, physiology,
biochemistry, neuroanatomy, and psychopharmacology to
ensure an adequate foundation for the completion of the
master's degree; the curriculum shall meet the standards
established by the National Register of Health Service
Psychologists and the Association of State and Provincial
Psychology Boards, including:
(A) a range of training experiences at different
health care facility sites; and
(B) instruction in:
(i) neurosciences, including neuroanatomy,
neurophysiology, and neurochemistry;
(ii) pharmacology and psychopharmacology,
including pharmacology, clinical pharmacology,
psychopharmacology, developmental
psychopharmacology, and chemical dependence;
(iii) pathophysiology, including normal
anatomy and physiological processes, common
pathological states, cardiovascular, renal,
hepatic, gastrointestinal, neural, and endocrine
functions, bioavailability and biodisposition of
drugs, variability in drug bioavailability and
disposition based upon ethnic and cultural
differences, variability in response due to age,
gender, disability, and ethnic differences,
medical conditions affecting biodisposition, and

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side effects, including contraindications;
(iv) physical and laboratory assessment,
including familiarity with medical charts,
physical exams, and laboratory and radiological
examinations;
(v) pharmacotherapeutics, including
pharmacotherapeutic interactions, psychotherapy
and pharmacotherapy interactions, drug
interactions, compliance maintenance programs,
computer-based aids to practice, and
pharmacoepidemiology;
(vi) professional, legal, ethical, and
interprofessional issues relevant to the practice
of psychology involving psychopharmacology;
(vii) continuous quality improvement processes
and measures; and
(viii) clinical outcomes research.
(4) within the 5 years immediately preceding the date
of application, has been certified by the applicant's
supervising physician and one other physician in the
applicant's clinical psychopharmacology training program,
as having successfully completed a supervised and relevant
clinical experience determined by the Department, in
consultation with 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

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treating no fewer than 100 patients with a full range of
complex mental disorders and a mix of diagnoses; both
practica shall be supervised by an appropriately trained
physician who is authorized to prescribe psychotropic
medication, has experience with a full range of complex
mental disorders and a mix of diagnoses, and generally
prescribes psychotropic medication to his or her patients
in the normal course of his or her clinical medical
practice and determined by the Department, in consultation
with the Board, as competent to train the applicant in the
treatment of a diverse patient population; both practica
shall take place in a health care setting, with a portion
of the clinical experience occurring in one or more of the
following settings:
(A) correctional facilities;
(B) federally qualified health centers, as defined
in the federal Social Security Act (42 U.S.C. 1396d);
(C) community service agencies serving the
seriously mentally ill;
(D) local, State, or federal facilities; or
(E) shelters or any other facilities serving the
needs of survivors of domestic violence.
(5) has passed an examination authorized by the
Department, in consultation with the Board, to determine
his or her fitness to receive a license;
(6) has sufficient malpractice insurance, as

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determined by rule, that will cover the applicant during
the period the conditional prescribing psychologist
license is in effect;
(7) has an agreement with one or more of the health
care settings described in paragraph (4) of subsection (a)
of this Section with regard to services; and
(8) meets all other requirements, as determined by rule
of the Board, for obtaining a conditional prescribing
psychologist license.
(b) The Department may issue a conditional prescribing
psychologist license if it finds that the applicant has met the
requirements of subsection (a) of this Section.
(c) A psychologist with a conditional prescribing
psychologist license may only prescribe psychotropic
medication pursuant to Section 4.4 of this Act under the
supervision of a supervising physician subject to the following
conditions:
(1) the psychologist shall continue to hold a current
license to practice psychology in Illinois and continue to
maintain malpractice insurance; and
(2) the psychologist shall maintain a written
supervision agreement with a supervising physician
pursuant to Section 4.1a of this Act.
(225 ILCS 15/4.1a new)
Sec. 4.1a. Written supervision agreement.

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(a) A written supervision agreement between a psychologist
and his or her supervising physician is required for all
psychologists practicing under a conditional prescribing
psychologist license issued pursuant to Section 4.1. A
supervising physician shall delegate prescriptive authority to
a conditional prescribing psychologist as part of a written
supervision agreement.
(b) The written supervision agreement shall govern the
working relationship between the psychologist and his or her
supervising physician during the supervision period.
Supervision does not require an employment relationship
between the supervising physician and psychologist.
(c) Methods of communication shall be available for
consultation with the supervising physician in person or by
telecommunications in accordance with established written
guidelines as set forth in the supervision agreement.
(d) The psychologist shall provide his or her supervising
physician with all relevant information that is necessary for
the supervising physician to adequately supervise the
psychologist's training under Section 4.1.
(e) Supervision under all supervision agreements shall be
adequate if the supervising physician does each of the
following:
(1) consults with the psychologist in order to discuss
a patient's history, diagnoses, medication choices, dosage
levels and all other relevant information;

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(2) maintains the ability to alter a patient's
treatment plan if necessary;
(3) meets in person or by video conference on a weekly
basis with the psychologist to review all of the
psychologist's cases involving the use of prescriptive
authority; and
(4) provides his or her assessment of the
psychologist's suitability to prescribe psychotropic
medication independently at the time the psychologist is
prepared to apply for a prescribing psychologist license.
(f) The supervising physician shall be individually
responsible for the acts and omissions of the psychologist
involving the use of prescriptive authority that occur while
the psychologist is under the supervising physician's
supervision. This provision does not relieve the psychologist
from liability for his or her acts and omissions.
(g) The psychologist shall inform the Department of the
name of the physician under whose supervision the psychologist
will prescribe psychotropic medication and promptly inform the
Department of any change of the supervising physician.
(h) A physician supervising a psychologist prescribing
psychotropic medication under a conditional prescribing
psychologist license shall inform the Department that he or she
is supervising the psychologist.
(225 ILCS 15/4.2 new)

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Sec. 4.2. Prescribing psychologist license.
(a) A psychologist may apply to the Department for a
prescribing psychologist license. The application shall be
made on a form approved by the Department, include the payment
of any required fees, and be accompanied by evidence
satisfactory to the Department that the applicant:
(1) has been issued a conditional prescribing
psychologist license pursuant to Section 4.1 of this Act
and has successfully completed 2 years of prescribing
psychotropic medication under a conditional prescribing
psychologist license as attested to by the supervising
licensed physician and one other physician in the
applicant's clinical psychopharmacology training program;
(2) holds a current license to practice clinical
psychology in Illinois;
(3) has sufficient malpractice insurance, as
determined by rule, that will cover the applicant as a
prescribing psychologist;
(4) has an agreement with one or more of the health
care settings described in paragraph (4) of subsection (a)
of Section 4.1 with regard to services; and
(5) meets all other requirements for obtaining a
prescribing psychologist license, as determined by rule.
(b) The Department may issue a prescribing psychologist
license if it finds that the applicant has met the requirements
of subsection (a) of this Section.

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(c) A prescribing psychologist may only prescribe
psychotropic medication pursuant to the provisions of this Act
if the prescribing psychologist:
(1) continues to hold a current license to practice
psychology in Illinois and continues to maintain
malpractice insurance;
(2) satisfies the continuing education requirements
for prescribing psychologists, as determined by rule, a
portion of which shall address continuous quality
improvement processes and measures and clinical outcomes
research; and
(3) maintains a written collaborative agreement with a
collaborating physician pursuant to Section 4.3 of this
Act.
(225 ILCS 15/4.3 new)
Sec. 4.3. Written collaborative agreements.
(a) A written collaborative agreement is required for all
prescribing psychologists practicing under a prescribing
psychologist license issued pursuant to Section 4.2 of this
Act. The collaborating physician shall delegate prescriptive
authority to a prescribing psychologist as part of a written
collaborative agreement.
(b) The written collaborative agreement shall describe the
working relationship of the prescribing psychologist with the
collaborating physician and shall delegate prescriptive

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authority as provided in this Act. Collaboration does not
require an employment relationship between the collaborating
physician and prescribing psychologist. Absent an employment
relationship, an agreement may not restrict third-party
payment sources accepted by the prescribing psychologist. For
the purposes of this Section, "collaboration" means the
relationship between a prescribing psychologist and a
collaborating physician with respect to the delivery of
prescribing services in accordance with (1) the prescribing
psychologist's training, education, and experience and (2)
collaboration and consultation as documented in a jointly
developed written collaborative agreement.
(c) The agreement shall promote the exercise of
professional judgment by the prescribing psychologist
corresponding to his or her education and experience.
(d) The collaborative agreement shall not be construed to
require the personal presence of a physician at the place where
services are rendered. Methods of communication shall be
available for consultation with the collaborating physician in
person or by telecommunications in accordance with established
written guidelines as set forth in the written agreement.
(e) Collaboration and consultation pursuant to all
collaboration agreements shall be adequate if a collaborating
physician does each of the following:
(1) participates in the joint formulation and joint
approval of orders or guidelines with the prescribing

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psychologist and he or she periodically reviews the
prescribing psychologist's orders and the services
provided patients under the orders in accordance with
accepted standards of medical practice and prescribing
psychologist practice;
(2) provides collaboration and consultation with the
prescribing psychologist at least once a month; and
(3) is available through telecommunications for
consultation on medical problems, complications,
emergencies, or patient referral.
(f) The written collaborative agreement shall contain
provisions detailing notice for termination or change of status
involving a written collaborative agreement, except when the
notice is given for just cause.
(g) A copy of the signed written collaborative agreement
shall be available to the Department upon request to either the
prescribing psychologist or the collaborating physician.
(h) Nothing in this Section shall be construed to limit the
authority of a prescribing psychologist to perform all duties
authorized under this Act.
(i) A prescribing psychologist shall inform each
collaborating physician of all collaborative agreements he or
she has signed and provide a copy of these to any collaborating
physician.
(225 ILCS 15/4.4 new)

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Sec. 4.4. Controlled substance prescriptive authority.
(a) The delegated prescriptive authority under this Act is
limited to:
(1) a drug that is classified as an antianxiety,
antidepressant, or antipsychotic central nervous system
drug in the most recent publication of Drug Facts and
Comparisons (published by the Facts and Comparisons
Division of J.B. Lippincott Company);
(2) a drug that is a cross-indicated drug for the
central nervous system drug classification, described in
paragraph (1) of this subsection (a), according to any of
the following:
(A) the American Psychiatric Press Textbook of
Psychopharmacy;
(B) Current Clinical Strategies for Psychiatry;
(C) Drug Facts and Comparisons; or
(D) a publication with a focus and content similar
to publications described in items (A), (B), and (C);
or
(3) a drug that is:
(A) classified in a central nervous system drug
category or classification (according to Drug Facts
and Comparisons) that is created after March 12, 2002;
and
(B) prescribed for the treatment of a mental
illness (as defined in the most recent publication of

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the American Psychiatric Association's Diagnostic and
Statistical Manual of Mental Disorders or the World
Health Organization's International Statistical
Classification of Diseases and Related Health Problems
Chapter titled Mental and Behavioural Disorders).
(b) A prescribing psychologist shall not prescribe
narcotic drugs, as defined in Section 102 of the Illinois
Controlled Substances Act.
(c) To prescribe controlled substances under this Section,
a prescribing psychologist shall obtain a mid-level
practitioner controlled substance license.
(d) The collaborating physician shall file with the
Department notice of delegation of prescriptive authority and
termination of such delegation in accordance with rules of the
Department. Upon receipt of this notice of delegating authority
to prescribe any Schedule II through V nonnarcotic controlled
substances, the prescribing psychologist shall be eligible to
register for a mid-level practitioner controlled substance
license under Section 303.05 of the Illinois Controlled
Substances Act.
(e) Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,
including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
(f) Nothing in this Section shall be construed to prohibit
generic substitution.

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(g) Any prescribing psychologist who writes a prescription
for a controlled substance without having a valid appropriate
authority may be fined by the Department not more than $50 per
prescription and the Department may take any other disciplinary
action provided for in this Act.
(225 ILCS 15/4.5 new)
Sec. 4.5. Endorsement.
(a) Individuals who are already licensed as medical or
prescribing psychologists in another state may apply for an
Illinois prescribing psychologist license by endorsement from
that state, or acceptance of that state's examination.
Applicants from other states may not be required to pass the
examination required for licensure as a conditional
prescribing or prescribing psychologist in Illinois if they
meet requirements set forth in this Act and its rules, such as
proof of education, testing, payment of any fees, and
experience.
(b) Individuals who graduated from the Department of
Defense Psychopharmacology Demonstration Project may apply for
an Illinois prescribing psychologist license by endorsement.
Applicants from the Department of Defense Psychopharmacology
Demonstration Project may not be required to pass the
examination required for licensure as a conditional
prescribing or prescribing psychologist in Illinois if they
meet requirements set forth in this Act and its rules, such as

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proof of education, testing, payment of any fees, and
experience.
(c) Individuals applying for a prescribing psychologist
license or conditional prescribing psychologist license by
endorsement shall be required to first obtain a clinical
psychologist license under this Act.
(225 ILCS 15/7) (from Ch. 111, par. 5357)
(Section scheduled to be repealed on January 1, 2017)
Sec. 7. Board. The Secretary shall appoint a Board that
shall serve in an advisory capacity to the Secretary.
The Board shall consist of 9 7 persons, 4 of whom are
licensed clinical psychologists, and actively engaged in the
practice of clinical psychology, 2 of whom are licensed
prescribing psychologists, 2 of whom are licensed clinical
psychologists and are full time faculty members of accredited
colleges or universities who are engaged in training clinical
psychologists, and one of whom is a public member who is not a
licensed health care provider. In appointing members of the
Board, the Secretary shall give due consideration to the
adequate representation of the various fields of health care
psychology such as clinical psychology, school psychology and
counseling psychology. In appointing members of the Board, the
Secretary shall give due consideration to recommendations by
members of the profession of clinical psychology and by the
State-wide organizations representing the interests of

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clinical psychologists and organizations representing the
interests of academic programs as well as recommendations by
approved doctoral level psychology programs in the State of
Illinois. The members shall be appointed for a term of 4 years.
No member shall be eligible to serve for more than 2 full
terms. Any appointment to fill a vacancy shall be for the
unexpired portion of the term. A member appointed to fill a
vacancy for an unexpired term for a duration of 2 years or more
may be reappointed for a maximum of one term and a member
appointed to fill a vacancy for an unexpired term for a
duration of less than 2 years may be reappointed for a maximum
of 2 terms. The Secretary may remove any member for cause at
any time prior to the expiration of his or her term.
The 2 initial appointees to the Board who are licensed
prescribing psychologists may hold a medical or prescription
license issued by another state so long as the license is
deemed by the Secretary to be substantially equivalent to a
prescribing psychologist license under this Act. Such initial
appointees shall serve on the Board until the Department adopts
rules necessary too implement licensure under Section 4.2 of
this Act.
The Board shall annually elect one of its members as
chairperson and vice chairperson.
The members of the Board shall be reimbursed for all
authorized legitimate and necessary expenses incurred in
attending the meetings of the Board.

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The Secretary shall give due consideration to all
recommendations of the Board. In the event the Secretary
disagrees with or takes action contrary to the recommendation
of the Board, he or she shall provide the Board with a written
and specific explanation of his or her actions.
The Board may make recommendations on all matters relating
to continuing education including the number of hours necessary
for license renewal, waivers for those unable to meet such
requirements and acceptable course content. Such
recommendations shall not impose an undue burden on the
Department or an unreasonable restriction on those seeking
license renewal.
Five Four members shall constitute a quorum. A quorum is
required for all Board decisions.
Members of the Board shall have no liability in any action
based upon any disciplinary proceeding or other activity
performed in good faith as a member of the Board.
The Secretary may terminate the appointment of any member
for cause which in the opinion of the Secretary reasonably
justifies such termination.
(Source: P.A. 96-1050, eff. 1-1-11.)
(225 ILCS 15/15) (from Ch. 111, par. 5365)
(Section scheduled to be repealed on January 1, 2017)
Sec. 15. Disciplinary action; grounds. The Department may
refuse to issue, refuse to renew, suspend, or revoke any

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license, or may place on probation, censure, reprimand, or take
other disciplinary action deemed appropriate by the
Department, including the imposition of fines not to exceed
$10,000 for each violation, with regard to any license issued
under the provisions of this Act for any one or a combination
of the following reasons:
(1) Conviction of, or entry of a plea of guilty or nolo
contendere to, any crime that is a felony under the laws of
the United States or any state or territory thereof or that
is a misdemeanor of which an essential element is
dishonesty, or any crime that is directly related to the
practice of the profession.
(2) Gross negligence in the rendering of clinical
psychological services.
(3) Using fraud or making any misrepresentation in
applying for a license or in passing the examination
provided for in this Act.
(4) Aiding or abetting or conspiring to aid or abet a
person, not a clinical psychologist licensed under this
Act, in representing himself or herself as so licensed or
in applying for a license under this Act.
(5) Violation of any provision of this Act or the rules
promulgated thereunder.
(6) Professional connection or association with any
person, firm, association, partnership or corporation
holding himself, herself, themselves, or itself out in any

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manner contrary to this Act.
(7) Unethical, unauthorized or unprofessional conduct
as defined by rule. In establishing those rules, the
Department shall consider, though is not bound by, the
ethical standards for psychologists promulgated by
recognized national psychology associations.
(8) Aiding or assisting another person in violating any
provisions of this Act or the rules promulgated thereunder.
(9) Failing to provide, within 60 days, information in
response to a written request made by the Department.
(10) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a clinical psychologist's inability to
practice with reasonable judgment, skill or safety.
(11) Discipline by another state, territory, the
District of Columbia or foreign country, if at least one of
the grounds for the discipline is the same or substantially
equivalent to those set forth herein.
(12) Directly or indirectly giving or receiving from
any person, firm, corporation, association or partnership
any fee, commission, rebate, or other form of compensation
for any professional service not actually or personally
rendered. Nothing in this paragraph (12) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise

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prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (12) shall be construed to
require an employment arrangement to receive professional
fees for services rendered.
(13) A finding by the Board that the licensee, after
having his or her license placed on probationary status has
violated the terms of probation.
(14) Willfully making or filing false records or
reports, including but not limited to, false records or
reports filed with State agencies or departments.
(15) Physical illness, including but not limited to,
deterioration through the aging process, mental illness or
disability that results in the inability to practice the
profession with reasonable judgment, skill and safety.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,
and upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected

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Child Reporting Act.
(18) Violation of the Health Care Worker Self-Referral
Act.
(19) Making a material misstatement in furnishing
information to the Department, any other State or federal
agency, or any other entity.
(20) Failing to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to an act or conduct similar to an act or
conduct that would constitute grounds for action as set
forth in this Section.
(21) Failing to report to the Department any adverse
final action taken against a licensee or applicant by
another licensing jurisdiction, including any other state
or territory of the United States or any foreign state or
country, or any peer review body, health care institution,
professional society or association related to the
profession, governmental agency, law enforcement agency,
or court for an act or conduct similar to an act or conduct
that would constitute grounds for disciplinary action as
set forth in this Section.
(22) Prescribing, selling, administering,
distributing, giving, or self-administering (A) any drug
classified as a controlled substance (designated product)
for other than medically accepted therapeutic purposes or
(B) any narcotic drug.

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(23) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
The entry of an order by any circuit court establishing
that any person holding a license under this Act is subject to
involuntary admission or judicial admission as provided for in
the Mental Health and Developmental Disabilities Code,
operates as an automatic suspension of that license. That
person may have his or her license restored only upon the
determination by a circuit court that the patient is no longer
subject to involuntary admission or judicial admission and the
issuance of an order so finding and discharging the patient and
upon the Board's recommendation to the Department that the
license be restored. Where the circumstances so indicate, the
Board may recommend to the Department that it require an
examination prior to restoring any license so automatically
suspended.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of the tax penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
In enforcing this Section, the Board upon a showing of a
possible violation may compel any person licensed to practice

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under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians or clinical
psychologists shall be those specifically designated by the
Board. The Board or the Department may order the examining
physician or clinical psychologist to present testimony
concerning this mental or physical examination of the licensee
or applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee or applicant and the examining physician
or clinical psychologist. The person to be examined may have,
at his or her own expense, another physician or clinical
psychologist of his or her choice present during all aspects of
the examination. Failure of any person to submit to a mental or
physical examination, when directed, shall be grounds for
suspension of a license until the person submits to the
examination if the Board finds, after notice and hearing, that
the refusal to submit to the examination was without reasonable
cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling or treatment by
physicians or clinical psychologists approved or designated by
the Board, as a condition, term, or restriction for continued,
reinstated, or renewed licensure to practice; or, in lieu of

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care, counseling or treatment, the Board may recommend to the
Department to file a complaint to immediately suspend, revoke
or otherwise discipline the license of the person. Any person
whose license was granted, continued, reinstated, renewed,
disciplined or supervised subject to such terms, conditions or
restrictions, and who fails to comply with such terms,
conditions or restrictions, shall be referred to the Secretary
for a determination as to whether the person shall have his or
her license suspended immediately, pending a hearing by the
Board.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Board within 15 days after the
suspension and completed without appreciable delay. The Board
shall have the authority to review the subject person's record
of treatment and counseling regarding the impairment, to the
extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Board that he or she can resume practice in compliance with
acceptable and prevailing standards under the provisions of his
or her license.
(Source: P.A. 96-1482, eff. 11-29-10.)

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Section 10. The Medical Practice Act of 1987 is amended by
changing Sections 22 and 54.5 as follows:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on December 31, 2014)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act to practice medicine, or a chiropractic
physician, including imposing fines not to exceed $10,000 for
each violation, upon any of the following grounds:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than:
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act;
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or
agency has authority under law to establish and enforce
standards for the ambulatory surgical treatment
centers, hospitalization, or care facilities under its
management and control;

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(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a wilful
and wanton manner on a woman who was not pregnant at the
time the abortion procedure was performed.
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of alcohol, or of any
other substances which results in the inability to practice

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with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Disciplinary action of another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action of
the Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Violation of the prohibition against fee

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splitting in Section 22.2 of this Act.
(15) A finding by the Disciplinary Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking or agreeing to cure or treat
disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for any
human condition by a method, means or procedure which the
licensee refuses to divulge upon demand of the Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Wilfully making or filing false records or reports
in his or her practice as a physician, including, but not

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limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(22) Wilful omission to file or record, or wilfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or wilfully failing to report an instance
of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and wilful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered,
including, but not limited to, filing such false statements
for collection of monies for services not rendered from the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)

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under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Wilfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse

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final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any peer
review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of a
license or authorization to practice as a medical doctor, a
doctor of osteopathy, a doctor of osteopathic medicine, or
doctor of chiropractic in another state or jurisdiction, or
surrender of membership on any medical staff or in any
medical or professional association or society, while
under disciplinary investigation by any of those
authorities or bodies, for acts or conduct similar to acts
or conduct which would constitute grounds for action as
defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(37) Failure to provide copies of medical records as
required by law.

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(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Pilot Program Act.
(45) Entering into an excessive number of supervisory
agreements with conditionally licensed prescribing
psychologists or an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately supervise a

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conditionally licensed prescribing psychologist or failure
to adequately collaborate with a licensed prescribing
psychologist.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or

09800SB2187ham003 - 38 - LRB098 10555 ZMM 59677 a
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:

09800SB2187ham003 - 39 - LRB098 10555 ZMM 59677 a
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Disciplinary Board or the
Licensing Board, upon a showing of a possible violation, may
compel, in the case of the Disciplinary Board, any individual
who is licensed to practice under this Act or holds a permit to
practice under this Act, or, in the case of the Licensing
Board, any individual who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical
examination and evaluation, or both, which may include a
substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing Board shall
specifically designate the examining physician licensed to

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practice medicine in all of its branches or, if applicable, the
multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Disciplinary Board, the
Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and

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evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician or any member of the multidisciplinary
team. No authorization is necessary from the licensee, permit
holder, or applicant ordered to undergo an evaluation and
examination for the examining physician or any member of the
multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony
regarding the examination and evaluation. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of the
examination. Failure of any individual to submit to mental or
physical examination and evaluation, or both, when directed,
shall result in an automatic suspension, without hearing, until
such time as the individual submits to the examination. If the
Disciplinary Board finds a physician unable to practice because
of the reasons set forth in this Section, the Disciplinary
Board shall require such physician to submit to care,
counseling, or treatment by physicians approved or designated
by the Disciplinary Board, as a condition for continued,
reinstated, or renewed licensure to practice. Any physician,

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whose license was granted pursuant to Sections 9, 17, or 19 of
this Act, or, continued, reinstated, renewed, disciplined or
supervised, subject to such terms, conditions or restrictions
who shall fail to comply with such terms, conditions or
restrictions, or to complete a required program of care,
counseling, or treatment, as determined by the Chief Medical
Coordinator or Deputy Medical Coordinators, shall be referred
to the Secretary for a determination as to whether the licensee
shall have their license suspended immediately, pending a
hearing by the Disciplinary Board. In instances in which the
Secretary immediately suspends a license under this Section, a
hearing upon such person's license must be convened by the
Disciplinary Board within 15 days after such suspension and
completed without appreciable delay. The Disciplinary Board
shall have the authority to review the subject physician's
record of treatment and counseling regarding the impairment, to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each

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violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Medical
Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this subsection
B shall be prohibited from practicing medicine or treating
human ailments without the use of drugs and without operative
surgery.
(C) The Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been

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performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13.)
(225 ILCS 60/54.5)
(Section scheduled to be repealed on December 31, 2014)
Sec. 54.5. Physician delegation of authority to physician
assistants, and advanced practice nurses, and prescribing
psychologists.
(a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to a
physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of 1987. A
physician licensed to practice medicine in all its branches may
enter into supervising physician agreements with no more than 5
physician assistants as set forth in subsection (a) of Section
7 of the Physician Assistant Practice Act of 1987.
(b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with an
advanced practice nurse in accordance with the requirements of
the Nurse Practice Act. Collaboration is for the purpose of
providing medical consultation, and no employment relationship
is required. A written collaborative agreement shall conform to

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the requirements of Section 65-35 of the Nurse Practice Act.
The written collaborative agreement shall be for services the
collaborating physician generally provides or may provide in
his or her clinical medical practice. A written collaborative
agreement shall be adequate with respect to collaboration with
advanced practice nurses if all of the following apply:
(1) The agreement is written to promote the exercise of
professional judgment by the advanced practice nurse
commensurate with his or her education and experience. The
agreement need not describe the exact steps that an
advanced practice nurse must take with respect to each
specific condition, disease, or symptom, but must specify
those procedures that require a physician's presence as the
procedures are being performed.
(2) Practice guidelines and orders are developed and
approved jointly by the advanced practice nurse and
collaborating physician, as needed, based on the practice
of the practitioners. Such guidelines and orders and the
patient services provided thereunder are periodically
reviewed by the collaborating physician.
(3) The advance practice nurse provides services the
collaborating physician generally provides or may provide
in his or her clinical medical practice, except as set
forth in subsection (b-5) of this Section. With respect to
labor and delivery, the collaborating physician must
provide delivery services in order to participate with a

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certified nurse midwife.
(4) The collaborating physician and advanced practice
nurse consult at least once a month to provide
collaboration and consultation.
(5) Methods of communication are available with the
collaborating physician in person or through
telecommunications for consultation, collaboration, and
referral as needed to address patient care needs.
(6) The agreement contains provisions detailing notice
for termination or change of status involving a written
collaborative agreement, except when such notice is given
for just cause.
(b-5) An anesthesiologist or physician licensed to
practice medicine in all its branches may collaborate with a
certified registered nurse anesthetist in accordance with
Section 65-35 of the Nurse Practice Act for the provision of
anesthesia services. With respect to the provision of
anesthesia services, the collaborating anesthesiologist or
physician shall have training and experience in the delivery of
anesthesia services consistent with Department rules.
Collaboration shall be adequate if:
(1) an anesthesiologist or a physician participates in
the joint formulation and joint approval of orders or
guidelines and periodically reviews such orders and the
services provided patients under such orders; and
(2) for anesthesia services, the anesthesiologist or

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physician participates through discussion of and agreement
with the anesthesia plan and is physically present and
available on the premises during the delivery of anesthesia
services for diagnosis, consultation, and treatment of
emergency medical conditions. Anesthesia services in a
hospital shall be conducted in accordance with Section 10.7
of the Hospital Licensing Act and in an ambulatory surgical
treatment center in accordance with Section 6.5 of the
Ambulatory Surgical Treatment Center Act.
(b-10) The anesthesiologist or operating physician must
agree with the anesthesia plan prior to the delivery of
services.
(c) The supervising physician shall have access to the
medical records of all patients attended by a physician
assistant. The collaborating physician shall have access to the
medical records of all patients attended to by an advanced
practice nurse.
(d) (Blank).
(e) A physician shall not be liable for the acts or
omissions of a prescribing psychologist, physician assistant,
or advanced practice nurse solely on the basis of having signed
a supervision agreement or guidelines or a collaborative
agreement, an order, a standing medical order, a standing
delegation order, or other order or guideline authorizing a
prescribing psychologist, physician assistant, or advanced
practice nurse to perform acts, unless the physician has reason

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to believe the prescribing psychologist, physician assistant,
or advanced practice nurse lacked the competency to perform the
act or acts or commits willful and wanton misconduct.
(f) A collaborating physician may, but is not required to,
delegate prescriptive authority to an advanced practice nurse
as part of a written collaborative agreement, and the
delegation of prescriptive authority shall conform to the
requirements of Section 65-40 of the Nurse Practice Act.
(g) A supervising physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written supervision agreement, and the delegation of
prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
(h) For the purposes of this Section, "generally provides
or may provide in his or her clinical medical practice" means
categories of care or treatment, not specific tasks or duties,
that the physician provides individually or through delegation
to other persons so that the physician has the experience and
ability to provide collaboration and consultation. This
definition shall not be construed to prohibit an advanced
practice nurse from providing primary health treatment or care
within the scope of his or her training and experience,
including, but not limited to, health screenings, patient
histories, physical examinations, women's health examinations,
or school physicals that may be provided as part of the routine
practice of an advanced practice nurse or on a volunteer basis.

09800SB2187ham003 - 49 - LRB098 10555 ZMM 59677 a
(i) A supervising physician shall delegate prescriptive
authority to a conditional prescribing psychologist as part of
a written supervision agreement, and the delegation of
prescriptive authority shall conform to the requirements of
Section 4.1a of the Clinical Psychologist Licensing Act.
(j) A collaborating physician shall delegate prescriptive
authority to a prescribing psychologist as part of a written
collaborative agreement, and the delegation of prescriptive
authority shall conform to the requirements of Section 4.3 of
the Clinical Psychologist Licensing Act.
(Source: P.A. 97-358, eff. 8-12-11; 97-1071, eff. 8-24-12;
98-192, eff. 1-1-14.)
Section 15. The Illinois Controlled Substances Act is
amended by changing Sections 102 and 303.05 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:
(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

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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:
(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),

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(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]-
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),

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(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]-
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),

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(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]-
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]-

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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),
(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-

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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
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

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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
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

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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 of 1934 and the
Tobacco Products Tax Act of 1995.
(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,
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

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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
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

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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
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

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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
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:

09800SB2187ham003 - 61 - LRB098 10555 ZMM 59677 a
(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.
(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;

09800SB2187ham003 - 62 - LRB098 10555 ZMM 59677 a
(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
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

09800SB2187ham003 - 63 - LRB098 10555 ZMM 59677 a
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.
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

09800SB2187ham003 - 64 - LRB098 10555 ZMM 59677 a
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
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

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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 podiatric physician, in accordance with
Section 65-40 of the Nurse Practice Act, or (iii) an animal
euthanasia agency, (iv) a prescribing psychologist, or (v) a
conditional prescribing psychologist.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
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

09800SB2187ham003 - 66 - LRB098 10555 ZMM 59677 a
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).
(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.

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(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.
(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

09800SB2187ham003 - 68 - LRB098 10555 ZMM 59677 a
medicine in all its branches, dentist, optometrist, podiatric
physician, 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 licensed under Section 4.2 of the
Clinical Psychologist Licensing Act, conditional prescribing
psychologist licensed under Section 4.1 of the Clinical
Psychologist Licensing Act, podiatric physician, or
veterinarian who issues a prescription, a physician assistant
who issues a 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

09800SB2187ham003 - 69 - LRB098 10555 ZMM 59677 a
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, podiatric physician 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
electronic library that contains reported controlled substance
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the

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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,
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(ss) "Ultimate user" means a person who lawfully possesses

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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. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; revised
11-12-13.)
(720 ILCS 570/303.05)
Sec. 303.05. Mid-level practitioner registration.
(a) The Department of Financial and Professional
Regulation shall register licensed physician assistants, and
licensed advanced practice nurses, prescribing psychologists
licensed under Section 4.2 of the Clinical Psychologist
Licensing Act, and conditional prescribing psychologists
licensed under Section 4.1 of the Clinical Psychologist
Licensing Act to prescribe and dispense controlled substances
under Section 303 and euthanasia agencies to purchase, store,
or administer animal euthanasia drugs under the following
circumstances:
(1) with respect to physician assistants,
(A) the physician assistant has been delegated
written authority to prescribe any Schedule III
through V controlled substances by a physician
licensed to practice medicine in all its branches in
accordance with Section 7.5 of the Physician Assistant
Practice Act of 1987; and the physician assistant has

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completed the appropriate application forms and has
paid the required fees as set by rule; or
(B) the physician assistant has been delegated
authority by a supervising physician licensed to
practice medicine in all its branches to prescribe or
dispense Schedule II controlled substances through a
written delegation of authority and under the
following conditions:
(i) Specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the
delegated Schedule II controlled substances are
routinely prescribed by the supervising physician.
This delegation must identify the specific
Schedule II controlled substances by either brand
name or generic name. Schedule II controlled
substances to be delivered by injection or other
route of administration may not be delegated;
(ii) any delegation must be of controlled
substances prescribed by the supervising
physician;
(iii) all prescriptions must be limited to no
more than a 30-day supply, with any continuation
authorized only after prior approval of the
supervising physician;
(iv) the physician assistant must discuss the

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condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician;
(v) the physician assistant must have
completed the appropriate application forms and
paid the required fees as set by rule;
(vi) the physician assistant must provide
evidence of satisfactory completion of 45 contact
hours in pharmacology from any physician assistant
program accredited by the Accreditation Review
Commission on Education for the Physician
Assistant (ARC-PA), or its predecessor agency, for
any new license issued with Schedule II authority
after the effective date of this amendatory Act of
the 97th General Assembly; and
(vii) the physician assistant must annually
complete at least 5 hours of continuing education
in pharmacology; .
(2) with respect to advanced practice nurses,
(A) the advanced practice nurse has been delegated
authority to prescribe any Schedule III through V
controlled substances by a collaborating physician
licensed to practice medicine in all its branches or a
collaborating podiatric physician in accordance with
Section 65-40 of the Nurse Practice Act. The advanced
practice nurse has completed the appropriate

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application forms and has paid the required fees as set
by rule; or
(B) the advanced practice nurse has been delegated
authority by a collaborating physician licensed to
practice medicine in all its branches or collaborating
podiatric physician to prescribe or dispense Schedule
II controlled substances through a written delegation
of authority and under the following conditions:
(i) specific Schedule II controlled substances
by oral dosage or topical or transdermal
application may be delegated, provided that the
delegated Schedule II controlled substances are
routinely prescribed by the collaborating
physician or podiatric physician. This delegation
must identify the specific Schedule II controlled
substances by either brand name or generic name.
Schedule II controlled substances to be delivered
by injection or other route of administration may
not be delegated;
(ii) any delegation must be of controlled
substances prescribed by the collaborating
physician or podiatric physician;
(iii) all prescriptions must be limited to no
more than a 30-day supply, with any continuation
authorized only after prior approval of the
collaborating physician or podiatric physician;

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(iv) the advanced practice nurse must discuss
the condition of any patients for whom a controlled
substance is prescribed monthly with the
delegating physician or podiatric physician or in
the course of review as required by Section 65-40
of the Nurse Practice Act;
(v) the advanced practice nurse must have
completed the appropriate application forms and
paid the required fees as set by rule;
(vi) the advanced practice nurse must provide
evidence of satisfactory completion of at least 45
graduate contact hours in pharmacology for any new
license issued with Schedule II authority after
the effective date of this amendatory Act of the
97th General Assembly; and
(vii) the advanced practice nurse must
annually complete 5 hours of continuing education
in pharmacology; or
(3) with respect to animal euthanasia agencies, the
euthanasia agency has obtained a license from the
Department of Financial and Professional Regulation and
obtained a registration number from the Department; .
(4) with respect to prescribing psychologists, the
prescribing psychologist has been delegated authority to
prescribe any Schedule II through V controlled substances
by a collaborating physician licensed to practice medicine

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in all its branches in accordance with Sections 4.3 and 4.4
of the Clinical Psychologist Licensing Act, and the
prescribing psychologist has completed the appropriate
application forms and has paid the required fees as set by
rule; or
(5) with respect to conditional prescribing
psychologists, the conditional prescribing psychologist
has been delegated authority to prescribe any Schedule II
through V controlled substances by a supervising physician
licensed to practice medicine in all its branches in
accordance with Sections 4.1a and 4.4 of the Clinical
Psychologist Licensing Act, and the conditional
prescribing psychologist has completed the appropriate
application forms and has paid the required fees as set by
rule.
(b) The mid-level practitioner shall only be licensed to
prescribe those schedules of controlled substances for which a
licensed physician or licensed podiatric physician has
delegated prescriptive authority, except that an animal
euthanasia agency does not have any prescriptive authority. A
physician assistant and an advanced practice nurse are
prohibited from prescribing medications and controlled
substances not set forth in the required written delegation of
authority.
(c) Upon completion of all registration requirements,
physician assistants, advanced practice nurses, and animal

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euthanasia agencies may be issued a mid-level practitioner
controlled substances license for Illinois.
(d) A collaborating physician or podiatric physician may,
but is not required to, delegate prescriptive authority to an
advanced practice nurse as part of a written collaborative
agreement, and the delegation of prescriptive authority shall
conform to the requirements of Section 65-40 of the Nurse
Practice Act.
(e) A supervising physician may, but is not required to,
delegate prescriptive authority to a physician assistant as
part of a written supervision agreement, and the delegation of
prescriptive authority shall conform to the requirements of
Section 7.5 of the Physician Assistant Practice Act of 1987.
(f) Nothing in this Section shall be construed to prohibit
generic substitution.
(Source: P.A. 97-334, eff. 1-1-12; 97-358, eff. 8-12-11;
97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)".