Illinois-2021-SB3025-Introduced

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3025

Introduced 1/5/2022, by Sen. Melinda Bush

SYNOPSIS AS INTRODUCED:

`New Act`
`720 ILCS 570/102`	`from Ch. 56 1/2, par. 1102`

Creates the Naturopathic Medical Practice Act. Provides for the licensure of naturopathic physicians. Creates the Naturopathic Physician Medical Board. Provides that the Board shall oversee the licensure of naturopathic physicians and matters relating to training and licensure of naturopathic physicians. Provides for membership of the Board and duties of the Board. Requires the Board to adopt rules concerning specified matters. Contains provisions concerning definitions; qualifications for licensure; approval of naturopathic medical educational programs; display of license; scope of practice; referral requirements; prohibited conduct by licensees; exemptions from the Act; title protection; license expiration, renewal, denial, revocation, and continuing education; and issuance of first licenses. Amends the Illinois Controlled Substances Act. Adds internal references to naturopathic physicians. Effective immediately.

LRB102 20970 SPS 29867 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the

5 Naturopathic Medical Practice Act.

6 Section 5. Purpose and findings. The practice of

7 naturopathic medicine in the State of Illinois is declared to

8 affect the public health, safety, and welfare and to be

9 subject to regulation and control in the public interest. It

10 is further declared to be a matter of public interest that

11 naturopathic physicians and the practice of naturopathic

12 medicine, as defined in this Act, merit the confidence of the

13 public, that only qualified persons be authorized to practice

14 naturopathic medicine in the State of Illinois, and that no

15 person shall practice naturopathic medicine without a valid

16 existing license to do so.

17 Illinois is facing an unprecedented physician shortage in

18 urban counties and an even higher shortage in rural counties.

19 The COVID-19 pandemic is increasing that shortage

20 exponentially. Naturopathic physicians with a proper scope of

21 practice can help fill this void.

22 The General Assembly recognizes that naturopathic

23 physicians comprise a distinct health care profession that

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1 affects the public health, safety, and welfare and that

2 licensure of naturopathic physicians will increase freedom of

3 choice in health care and help address the physician shortage

4 in Illinois. This Act shall be liberally construed to best

5 carry out these subjects and purposes.

6 Section 10. Definitions. In this Act:

7 "Approved naturopathic medical educational program" means

8 an educational program that the Board has approved as meeting

9 the requirements of Section 20 of this Act that prepares

10 naturopathic physicians for the practice of naturopathic

11 medicine.

12 "Association" means an entity that is approved by the

13 American Association of Naturopathic Physicians, which entity

14 represents the interests of naturopathic physicians in this

15 State.

16 "Board" means the Naturopathic Physician Medical Board

17 established pursuant to Section 55 of this Act.

18 "Clinical laboratory procedure" means the use of

19 venipuncture consistent with naturopathic medical practice,

20 commonly used diagnostic modalities consistent with

21 naturopathic practice, the recording of a patient's health

22 history, physical examination, ordering and interpretation of

23 radiographic diagnostics and other standard imaging and

24 examination of body orifices, excluding endoscopy and

25 colonoscopy. "Clinical laboratory procedure" includes the

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1 practice of obtaining samples of human tissues, except

2 surgical excision beyond surgical excision that is authorized

3 as a minor office procedure.

4 "Drug" has the same meaning as set forth in Section 102 of

5 the Illinois Controlled Substances Act.

6 "Homeopathic medicine" means a system of medicine based on

7 the use of infinitesimal doses of substances capable of

8 producing symptoms similar to those of the disease treated, as

9 listed in the Homeopathic Pharmacopoeia of the United States.

10 "Hygiene" means the use of preventive techniques,

11 including personal hygiene for asepsis, public health, and

12 safety.

13 "Laboratory examination" means:

14 (1) phlebotomy;

15 (2) a clinical laboratory procedure;

16 (3) an orificial examination;

17 (4) a physiological function test; and

18 (5) a screening or test that is consistent with

19 naturopathic education and training.

20 "Legend drug" has the same meaning as set forth in Section

21 3.23 of the Illinois Food, Drug and Cosmetic Act.

22 "License" means a license issued by the Board to an

23 individual pursuant to this Act and rules authorizing that

24 individual to practice naturopathic medicine in this State.

25 "Licensee" means a naturopathic physician licensed by the

26 Board to practice naturopathic medicine in this State.

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1 "Minor office procedure" means minor surgical care and

2 procedures, including:

3 (1) surgical care incidental to superficial

4 laceration, lesion, or abrasion, excluding surgical care

5 to treat a lesion suspected of malignancy;

6 (2) the removal of foreign bodies located in

7 superficial structures, excluding the globe of the eye;

8 (3) trigger point therapy;

9 (4) dermal stimulation;

10 (5) allergy testing and treatment; and

11 (6) the use of antiseptics and topical or local

12 anesthetics.

13 "Naturopathic medicine" means:

14 (1) a system of health care for the prevention,

15 diagnosis and treatment of human health conditions,

16 injury, and disease;

17 (2) the promotion or restoration of health; and

18 (3) the support and stimulation of a patient's

19 inherent self-healing processes through patient education

20 and the use of naturopathic therapies and therapeutic

21 substances.

22 "Naturopathic physical medicine" means the use of one or

23 more of the following physical agents in a manner consistent

24 with naturopathic medical practice on a part or the whole of

25 the body, by hand or by mechanical means, in the resolution of

26 a human ailment or conditions:

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1 (1) air;

2 (2) water;

3 (3) heat;

4 (4) cold;

5 (5) sound;

6 (6) light;

7 (7) electromagnetism;

8 (8) colon hydrotherapy;

9 (9) soft tissue therapy;

10 (10) joint mobilization;

11 (11) therapeutic exercise; or

12 (12) naturopathic manipulation.

13 "Naturopathic physician" means an individual licensed

14 pursuant to this Act as a naturopathic physician to practice

15 naturopathic medicine in this State.

16 "Naturopathic therapy" means the use of:

17 (1) naturopathic physical medicine;

18 (2) suggestion;

19 (3) hygiene;

20 (4) a therapeutic substance;

21 (5) nutrition and food science;

22 (6) homeopathic medicine;

23 (7) a clinical laboratory procedure; or

24 (8) a minor office procedure.

25 "Nutrition and food science" means the prevention and

26 treatment of disease or other human conditions through the use

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1 of food, water, herbs, roots, bark, or natural food elements.

2 "Prescription" has the same meaning as set forth in

3 Section 3 of the Pharmacy Practice Act.

4 "Professional examination" means a competency based

5 national naturopathic physician licensing examination

6 administered by the North American Board of Naturopathic

7 Examiners or its successor agency, which Board has been

8 nationally recognized to administer a naturopathic examination

9 that represents federal standards of education and training.

10 "Suggestion" means a technique using:

11 (1) biofeedback;

12 (2) hypnosis;

13 (3) health education; or

14 (4) health counseling.

15 "Therapeutic substance" means any of the following

16 exemplified in a standard naturopathic medical text, journal,

17 or pharmacopeia:

18 (1) a vitamin;

19 (2) a mineral;

20 (3) a nutraceutical;

21 (4) a botanical medicine;

22 (5) oxygen;

23 (6) a homeopathic medicine;

24 (7) a hormone;

25 (8) a hormonal or pharmaceutical contraceptive device;

26 or

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1 (9) other physiologic substance.

2 Section 15. Qualifications for licensure. The Board shall

3 license an applicant who:

4 (1) submits, in accordance with rules of the Board,

5 the following items to the Board:

6 (A) an application for licensure designed and

7 approved by the Board and submitted in accordance with

8 rules of the Board;

9 (B) an application fee submitted in an amount and

10 manner established by rules of the Board;

11 (C) evidence that the applicant has graduated from

12 an approved naturopathic medical educational program;

13 (D) evidence that the applicant has passed a

14 professional examination;

15 (E) evidence that the applicant has passed a

16 pharmacy examination authorized by rules of the Board

17 and administered by the North American Board of

18 Naturopathic Examiners or its successor;

19 (F) evidence that the applicant has passed a minor

20 surgery examination authorized by rules of the Board

21 and administered by the North American Board of

22 Naturopathic Examiners or its successor; and

23 (G) evidence of professional liability insurance

24 with policy limits not less than prescribed by the

25 Board;

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1 (2) is determined by the Board to be physically and

2 mentally capable of safely practicing naturopathic

3 medicine with or without reasonable accommodation; and

4 (3) has not had a license to practice naturopathic

5 medicine or other health care license, registration, or

6 certificate refused, revoked, or suspended by any other

7 jurisdiction for reasons that relate to the applicant's

8 ability to skillfully and safely practice naturopathic

9 medicine unless that license, registration, or

10 certification has been restored to good standing by that

11 jurisdiction.

12 Section 20. Approved naturopathic medical educational

13 program. The Board shall establish, by rule, guidelines for an

14 approved naturopathic medical educational program, which

15 guidelines shall meet the following requirements and the

16 Board's specifications for the education of naturopathic

17 physicians. The approved naturopathic medical educational

18 program shall:

19 (1) offer graduate-level, full-time didactic and

20 supervised clinical training;

21 (2) be accredited, or have achieved candidacy status

22 for accreditation, by the Council on Naturopathic Medical

23 Education or an equivalent federally recognized

24 accrediting body for naturopathic medical programs that is

25 also recognized by the Board; and

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1 (3) be conducted by an institution of higher

2 education, or a division of an institution of higher

3 education, that:

4 (A) is accredited or is a candidate for

5 accreditation by a regional or national institutional

6 accrediting agency recognized by the United States

7 Secretary of Education or a diploma-granting,

8 degree-equivalent college or university; or

9 (B) meets equivalent standards for recognition of

10 accreditation established by rules of the Board for

11 medical education programs offered in Canada.

12 Section 25. Display of license. A licensee shall display

13 the licensee's license in the licensee's place of business in

14 a location clearly visible to the licensee's patients and

15 shall also display evidence of the licensee having completed

16 an approved naturopathic medical educational program.

17 Section 30. Scope of practice. A licensee may practice

18 naturopathic medicine to provide primary care in alignment

19 with naturopathic medical education to:

20 (1) perform physical examinations;

21 (2) order laboratory examinations;

22 (3) order diagnostic imaging studies;

23 (4) interpret the results of laboratory examinations

24 for diagnostic purposes;

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1 (5) order and, based on a radiologist's report, take

2 action on diagnostic imaging studies in a manner

3 consistent with naturopathic training;

4 (6) prescribe, administer, dispense, and order food,

5 extracts of food, nutraceuticals, vitamins, amino acids,

6 minerals, enzymes, botanicals and their extracts,

7 botanical medicines, homeopathic medicines, dietary

8 supplements, and nonprescription drugs as defined by the

9 Federal Food, Drug, and Cosmetic Act;

10 (7) prescribe, administer, dispense, and order all

11 legend drugs and all drugs within Schedules II-V of the

12 Controlled Substances Act;

13 (8) administer intramuscular, intravenous,

14 subcutaneous, intra-articular and intradermal injections

15 of substances appropriate to naturopathic medicine;

16 (9) use routes of administration that include oral,

17 nasal, auricular, ocular, rectal, vaginal, transdermal,

18 intradermal, subcutaneous, intravenous, intra-articular,

19 and intramuscular consistent with the education and

20 training of a naturopathic physician;

21 (10) perform naturopathic physical medicine;

22 (11) employ the use of naturopathic therapy;

23 (12) use therapeutic devices, barrier contraception,

24 intrauterine devices, hormonal and pharmaceutical

25 contraception, and durable medical equipment; or

26 (13) perform minor office procedures.

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1 Section 35. Referral requirement. A licensee shall refer

2 to a physician licensed to practice medicine in all of its

3 branches under the Medical Practice Act of 1987 any patient

4 whose medical condition is determined, at the time of

5 evaluation or treatment, to be beyond the scope of practice of

6 the licensee.

7 Section 40. Prohibitions. A licensee shall not:

8 (1) perform surgery outside of the scope of minor

9 office procedures permitted in the employment of

10 naturopathic therapy;

11 (2) use general or spinal anesthetics;

12 (3) administer ionizing radioactive substances for

13 therapeutic purposes;

14 (4) perform a surgical procedure using a laser device;

15 (5) perform a surgical procedure involving any of the

16 following areas of the body that extend beyond superficial

17 tissue:

18 (A) eyes;

19 (B) ears;

20 (C) tendons;

21 (D) nerves;

22 (E) veins; or

23 (F) arteries;

24 (6) perform a surgical abortion;

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1 (7) treat any lesion suspected of malignancy or

2 requiring surgical removal; or

3 (8) perform acupuncture.

4 Section 45. Exemptions. Nothing in this Act shall be

5 construed to prohibit or to restrict:

6 (1) the practice of a health care profession by an

7 individual who is licensed, certified, or registered under

8 other laws of this State and who is performing services

9 within the individual's authorized scope of practice;

10 (2) the practice of naturopathic medicine by a student

11 enrolled in an approved naturopathic medical educational

12 program if the practice of naturopathic medicine by a

13 student is performed pursuant to a course of instruction

14 or an assignment from an instructor at an accredited

15 university or college by an instructor duly licensed as a

16 health care provider in Illinois;

17 (3) any person that sells a vitamin or herb from

18 providing information about the vitamin or herb;

19 (4) the practice of naturopathic medicine by persons

20 who are licensed to practice in any other state or

21 district in the United States and who enter this State to

22 consult with a naturopathic physician of this State if the

23 consultation is limited to examination, recommendation, or

24 testimony in litigation; or

25 (5) any person or practitioner who is not licensed as

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1 a naturopathic physician from recommending ayurvedic

2 medicine, herbal remedies, nutritional advice, homeopathy,

3 or other therapy that is within the scope of practice of

4 naturopathic medicine; however, the person or practitioner

5 shall not:

6 (A) use a title protected pursuant to Section 50

7 of this Act;

8 (B) represent or assume the character or

9 appearance of a licensee; or

10 (C) otherwise use a name, title, or other

11 designation that indicates or implies that the person

12 is a licensee.

13 Section 50. Protected titles.

14 (a) A licensee shall use the title "naturopathic

15 physician", "naturopathic doctor", or "naturopathic medical

16 doctor" and the recognized abbreviations "N.D." and "N.M.D.".

17 (b) A licensee has the exclusive right to use the

18 following terms in reference to the licensee's self:

19 (1) "naturopathic physician";

20 (2) "naturopathic doctor";

21 (3) "naturopathic medical doctor";

22 (4) "doctor of naturopathic medicine";

23 (5) "doctor of naturopathy";

24 (6) "naturopath";

25 (7) "N.D.";

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1 (8) "ND";

2 (9) "NMD"; and

3 (10) "N.M.D.".

4 (c) An individual represents the individual's self to be a

5 naturopathic physician or a naturopathic doctor when the

6 individual uses or adopts any of the following terms in

7 reference to the individual's self:

8 (1) "naturopathic physician";

9 (2) "naturopathic doctor";

10 (3) "naturopathic medical doctor";

11 (4) "doctor of naturopathic medicine";

12 (5) "doctor of naturopathy";

13 (6) "naturopath";

14 (7) "N.D.";

15 (8) "ND";

16 (9) "NMD"; and

17 (10) "N.M.D.".

18 (d) An individual shall not represent the individual's

19 self to the public as a naturopathic physician, naturopathic

20 doctor, naturopathic medical doctor, a doctor of naturopathic

21 medicine, a doctor of naturopathy, or as being otherwise

22 authorized to practice naturopathic medicine in this State,

23 unless the individual is a licensee.

24 Section 55. Naturopathic Physician Medical Board.

25 (a) The Naturopathic Physician Medical Board shall

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1 oversee:

2 (1) licensure of naturopathic physicians; and

3 (2) matters relating to training and licensure of

4 naturopathic physicians.

5 (b) Within 90 days after the effective date of this Act,

6 the Governor shall appoint an initial Board consisting of 2

7 members for terms of 4 years each, 3 members for terms of 3

8 years each, and 4 members for terms of 2 years each. The

9 initial Board shall consist of 9 voting members as follows:

10 (1) five licensed naturopathic physicians who are

11 residents of Illinois and are members of the Illinois

12 Association of Naturopathic Physicians;

13 (2) two practicing physicians licensed to practice

14 medicine in all of its branches with experience working

15 with naturopathic physicians; and

16 (3) two public members that are residents of this

17 State who are not, and never have been, a licensed health

18 care practitioner and who do not have an interest in

19 naturopathic education, naturopathic medicine, or

20 naturopathic business or practice.

21 (c) As the terms of the initial Board members expire, the

22 Governor shall appoint successors for terms of 4 years each as

23 follows:

24 (1) five naturopathic physicians licensed pursuant to

25 this Act;

26 (2) two practicing physicians licensed to practice

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1 medicine in all of its branches with experience working

2 with naturopathic physicians; and

3 (3) two public members that are residents of this

4 State who are not, and never have been, a licensed health

5 care practitioner and who do not have an interest in

6 naturopathic education, naturopathic medicine or

7 naturopathic business or practice.

8 (d) Within 30 days after the Board is established, the

9 Board shall call the first meeting, at which meeting members

10 shall elect a chair. At least once during each calendar

11 quarter thereafter, the Board shall hold a meeting at the call

12 of the chair. The Board may hold additional meetings at the

13 call of the chair or at the written request of any 2 members of

14 the Board.

15 (e) Vacancies on the Board shall be filled from a list of

16 not fewer than 3 candidates provided by the Illinois

17 Association of Naturopathic Physicians.

18 (f) A majority of the Board membership shall constitute a

19 quorum.

20 (g) Members of the Board shall serve without compensation

21 but may, at the discretion of the Board, be reimbursed for

22 their expenses incurred in performing their duties.

23 (h) The Department of Financial and Professional

24 Regulation shall provide administrative and other support to

25 the Board.

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1 Section 60. Board duties. The Board shall adopt rules:

2 (1) regulating the licensure of naturopathic

3 physicians and determining the hours of continuing

4 education units required for maintaining licensure as a

5 naturopathic physician;

6 (2) prescribing the manner in which records of

7 examinations and treatments shall be kept and maintained;

8 (3) establishing standards for professional

9 responsibility and conduct;

10 (4) identifying disciplinary actions and circumstances

11 that require disciplinary action;

12 (5) developing a means to provide information to all

13 licensees in this State;

14 (6) providing for the investigation of complaints

15 against licensees or persons holding themselves out as

16 naturopathic physicians in this State;

17 (7) providing for the publication of information for

18 the public about licensees and the practice of

19 naturopathic medicine in this State;

20 (8) providing for an orderly process for reinstatement

21 of a license;

22 (9) establishing criteria for advertising or

23 promotional materials;

24 (10) establishing continuing education hours and

25 content;

26 (11) establishing procedures and standards for

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1 reviewing licensing examination scores; and

2 (12) establishing procedures for reviewing transcripts

3 demonstrating completion of the approved naturopathic

4 medical educational program;

5 (13) establishing and maintaining a list of

6 naturopathic medical education programs that meet the

7 requirements of Section 20;

8 (14) establishing the requirements for issuance and

9 renewal of licenses; and

10 (15) any other matter necessary to implement this Act.

11 Section 65. License expiration, renewal, denial,

12 revocation, and continuing education.

13 (a) A license issued or renewed pursuant to this Act shall

14 expire in a time frame determined by the Board.

15 (b) The Board may renew the license of any licensee who,

16 upon the expiration of the licensee's license:

17 (1) has submitted an application for renewal;

18 (2) has paid the renewal fee established by rules of

19 the Board;

20 (3) meets the qualifications for licensure set forth

21 in this Act and rules of the Board; and

22 (4) meets the continuing education requirements

23 established by the Board.

24 (c) If the Board intends to refuse to issue or renew,

25 revoke, or suspend a license, the Board shall grant the

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1 applicant or licensee an opportunity for a hearing.

2 Section 70. Issuance of first licenses. On a schedule

3 determined by the Board, the Board shall issue licenses to

4 those applicants who have met the requirements of this Act and

5 Board rules adopted in accordance with this Act.

6 Section 100. The Illinois Controlled Substances Act is

7 amended by changing Section 102 as follows:

8 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)

9 (Text of Section before amendment by P.A. 101-666)

10 Sec. 102. Definitions. As used in this Act, unless the

11 context otherwise requires:

12 (a) "Addict" means any person who habitually uses any

13 drug, chemical, substance or dangerous drug other than alcohol

14 so as to endanger the public morals, health, safety or welfare

15 or who is so far addicted to the use of a dangerous drug or

16 controlled substance other than alcohol as to have lost the

17 power of self control with reference to his or her addiction.

18 (b) "Administer" means the direct application of a

19 controlled substance, whether by injection, inhalation,

20 ingestion, or any other means, to the body of a patient,

21 research subject, or animal (as defined by the Humane

22 Euthanasia in Animal Shelters Act) by:

23 (1) a practitioner (or, in his or her presence, by his

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1 or her authorized agent),

2 (2) the patient or research subject pursuant to an

3 order, or

4 (3) a euthanasia technician as defined by the Humane

5 Euthanasia in Animal Shelters Act.

6 (c) "Agent" means an authorized person who acts on behalf

7 of or at the direction of a manufacturer, distributor,

8 dispenser, prescriber, or practitioner. It does not include a

9 common or contract carrier, public warehouseman or employee of

10 the carrier or warehouseman.

11 (c-1) "Anabolic Steroids" means any drug or hormonal

12 substance, chemically and pharmacologically related to

13 testosterone (other than estrogens, progestins,

14 corticosteroids, and dehydroepiandrosterone), and includes:

15 (i) 3[beta],17-dihydroxy-5a-androstane,

16 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,

17 (iii) 5[alpha]-androstan-3,17-dione,

18 (iv) 1-androstenediol (3[beta],

19 17[beta]-dihydroxy-5[alpha]-androst-1-ene),

20 (v) 1-androstenediol (3[alpha],

21 17[beta]-dihydroxy-5[alpha]-androst-1-ene),

22 (vi) 4-androstenediol

23 (3[beta],17[beta]-dihydroxy-androst-4-ene),

24 (vii) 5-androstenediol

25 (3[beta],17[beta]-dihydroxy-androst-5-ene),

26 (viii) 1-androstenedione

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1 ([5alpha]-androst-1-en-3,17-dione),

2 (ix) 4-androstenedione

3 (androst-4-en-3,17-dione),

4 (x) 5-androstenedione

5 (androst-5-en-3,17-dione),

6 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-

7 hydroxyandrost-4-en-3-one),

8 (xii) boldenone (17[beta]-hydroxyandrost-

9 1,4,-diene-3-one),

10 (xiii) boldione (androsta-1,4-

11 diene-3,17-dione),

12 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17

13 [beta]-hydroxyandrost-4-en-3-one),

14 (xv) clostebol (4-chloro-17[beta]-

15 hydroxyandrost-4-en-3-one),

16 (xvi) dehydrochloromethyltestosterone (4-chloro-

17 17[beta]-hydroxy-17[alpha]-methyl-

18 androst-1,4-dien-3-one),

19 (xvii) desoxymethyltestosterone

20 (17[alpha]-methyl-5[alpha]

21 -androst-2-en-17[beta]-ol)(a.k.a., madol),

22 (xviii) [delta]1-dihydrotestosterone (a.k.a.

23 '1-testosterone') (17[beta]-hydroxy-

24 5[alpha]-androst-1-en-3-one),

25 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-

26 androstan-3-one),

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1 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-

2 5[alpha]-androstan-3-one),

3 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-

4 hydroxyestr-4-ene),

5 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-

6 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),

7 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],

8 17[beta]-dihydroxyandrost-1,4-dien-3-one),

9 (xxiv) furazabol (17[alpha]-methyl-17[beta]-

10 hydroxyandrostano[2,3-c]-furazan),

11 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,

12 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-

13 androst-4-en-3-one),

14 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

15 dihydroxy-estr-4-en-3-one),

16 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-

17 hydroxy-5-androstan-3-one),

18 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-

19 [5a]-androstan-3-one),

20 (xxx) methandienone (17[alpha]-methyl-17[beta]-

21 hydroxyandrost-1,4-dien-3-one),

22 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-

23 dihydroxyandrost-5-ene),

24 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-

25 5[alpha]-androst-1-en-3-one),

26 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-

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1 dihydroxy-5a-androstane,

2 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy

3 -5a-androstane,

4 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-

5 dihydroxyandrost-4-ene),

6 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-

7 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),

8 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-

9 hydroxyestra-4,9(10)-dien-3-one),

10 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-

11 hydroxyestra-4,9-11-trien-3-one),

12 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-

13 hydroxyandrost-4-en-3-one),

14 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

15 hydroxyestr-4-en-3-one),

16 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone

17 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-

18 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-

19 1-testosterone'),

20 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),

21 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-

22 dihydroxyestr-4-ene),

23 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-

24 dihydroxyestr-4-ene),

25 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-

26 dihydroxyestr-5-ene),

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1 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-

2 dihydroxyestr-5-ene),

3 (xlvii) 19-nor-4,9(10)-androstadienedione

4 (estra-4,9(10)-diene-3,17-dione),

5 (xlviii) 19-nor-4-androstenedione (estr-4-

6 en-3,17-dione),

7 (xlix) 19-nor-5-androstenedione (estr-5-

8 en-3,17-dione),

9 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-

10 hydroxygon-4-en-3-one),

11 (li) norclostebol (4-chloro-17[beta]-

12 hydroxyestr-4-en-3-one),

13 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-

14 hydroxyestr-4-en-3-one),

15 (liii) normethandrolone (17[alpha]-methyl-17[beta]-

16 hydroxyestr-4-en-3-one),

17 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-

18 2-oxa-5[alpha]-androstan-3-one),

19 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-

20 dihydroxyandrost-4-en-3-one),

21 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-

22 17[beta]-hydroxy-(5[alpha]-androstan-3-one),

23 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-

24 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),

25 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-

26 (5[alpha]-androst-1-en-3-one),

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LRB102 20970 SPS 29867 b

1 (lix) testolactone (13-hydroxy-3-oxo-13,17-

2 secoandrosta-1,4-dien-17-oic

3 acid lactone),

4 (lx) testosterone (17[beta]-hydroxyandrost-

5 4-en-3-one),

6 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-

7 diethyl-17[beta]-hydroxygon-

8 4,9,11-trien-3-one),

9 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,

10 11-trien-3-one).

11 Any person who is otherwise lawfully in possession of an

12 anabolic steroid, or who otherwise lawfully manufactures,

13 distributes, dispenses, delivers, or possesses with intent to

14 deliver an anabolic steroid, which anabolic steroid is

15 expressly intended for and lawfully allowed to be administered

16 through implants to livestock or other nonhuman species, and

17 which is approved by the Secretary of Health and Human

18 Services for such administration, and which the person intends

19 to administer or have administered through such implants,

20 shall not be considered to be in unauthorized possession or to

21 unlawfully manufacture, distribute, dispense, deliver, or

22 possess with intent to deliver such anabolic steroid for

23 purposes of this Act.

24 (d) "Administration" means the Drug Enforcement

25 Administration, United States Department of Justice, or its

26 successor agency.

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1 (d-5) "Clinical Director, Prescription Monitoring Program"

2 means a Department of Human Services administrative employee

3 licensed to either prescribe or dispense controlled substances

4 who shall run the clinical aspects of the Department of Human

5 Services Prescription Monitoring Program and its Prescription

6 Information Library.

7 (d-10) "Compounding" means the preparation and mixing of

8 components, excluding flavorings, (1) as the result of a

9 prescriber's prescription drug order or initiative based on

10 the prescriber-patient-pharmacist relationship in the course

11 of professional practice or (2) for the purpose of, or

12 incident to, research, teaching, or chemical analysis and not

13 for sale or dispensing. "Compounding" includes the preparation

14 of drugs or devices in anticipation of receiving prescription

15 drug orders based on routine, regularly observed dispensing

16 patterns. Commercially available products may be compounded

17 for dispensing to individual patients only if both of the

18 following conditions are met: (i) the commercial product is

19 not reasonably available from normal distribution channels in

20 a timely manner to meet the patient's needs and (ii) the

21 prescribing practitioner has requested that the drug be

22 compounded.

23 (e) "Control" means to add a drug or other substance, or

24 immediate precursor, to a Schedule whether by transfer from

25 another Schedule or otherwise.

26 (f) "Controlled Substance" means (i) a drug, substance,

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LRB102 20970 SPS 29867 b

1 immediate precursor, or synthetic drug in the Schedules of

2 Article II of this Act or (ii) a drug or other substance, or

3 immediate precursor, designated as a controlled substance by

4 the Department through administrative rule. The term does not

5 include distilled spirits, wine, malt beverages, or tobacco,

6 as those terms are defined or used in the Liquor Control Act of

7 1934 and the Tobacco Products Tax Act of 1995.

8 (f-5) "Controlled substance analog" means a substance:

9 (1) the chemical structure of which is substantially

10 similar to the chemical structure of a controlled

11 substance in Schedule I or II;

12 (2) which has a stimulant, depressant, or

13 hallucinogenic effect on the central nervous system that

14 is substantially similar to or greater than the stimulant,

15 depressant, or hallucinogenic effect on the central

16 nervous system of a controlled substance in Schedule I or

17 II; or

18 (3) with respect to a particular person, which such

19 person represents or intends to have a stimulant,

20 depressant, or hallucinogenic effect on the central

21 nervous system that is substantially similar to or greater

22 than the stimulant, depressant, or hallucinogenic effect

23 on the central nervous system of a controlled substance in

24 Schedule I or II.

25 (g) "Counterfeit substance" means a controlled substance,

26 which, or the container or labeling of which, without

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1 authorization bears the trademark, trade name, or other

2 identifying mark, imprint, number or device, or any likeness

3 thereof, of a manufacturer, distributor, or dispenser other

4 than the person who in fact manufactured, distributed, or

5 dispensed the substance.

6 (h) "Deliver" or "delivery" means the actual, constructive

7 or attempted transfer of possession of a controlled substance,

8 with or without consideration, whether or not there is an

9 agency relationship.

10 (i) "Department" means the Illinois Department of Human

11 Services (as successor to the Department of Alcoholism and

12 Substance Abuse) or its successor agency.

13 (j) (Blank).

14 (k) "Department of Corrections" means the Department of

15 Corrections of the State of Illinois or its successor agency.

16 (l) "Department of Financial and Professional Regulation"

17 means the Department of Financial and Professional Regulation

18 of the State of Illinois or its successor agency.

19 (m) "Depressant" means any drug that (i) causes an overall

20 depression of central nervous system functions, (ii) causes

21 impaired consciousness and awareness, and (iii) can be

22 habit-forming or lead to a substance abuse problem, including

23 but not limited to alcohol, cannabis and its active principles

24 and their analogs, benzodiazepines and their analogs,

25 barbiturates and their analogs, opioids (natural and

26 synthetic) and their analogs, and chloral hydrate and similar

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LRB102 20970 SPS 29867 b

1 sedative hypnotics.

2 (n) (Blank).

3 (o) "Director" means the Director of the Illinois State

4 Police or his or her designated agents.

5 (p) "Dispense" means to deliver a controlled substance to

6 an ultimate user or research subject by or pursuant to the

7 lawful order of a prescriber, including the prescribing,

8 administering, packaging, labeling, or compounding necessary

9 to prepare the substance for that delivery.

10 (q) "Dispenser" means a practitioner who dispenses.

11 (r) "Distribute" means to deliver, other than by

12 administering or dispensing, a controlled substance.

13 (s) "Distributor" means a person who distributes.

14 (t) "Drug" means (1) substances recognized as drugs in the

15 official United States Pharmacopoeia, Official Homeopathic

16 Pharmacopoeia of the United States, or official National

17 Formulary, or any supplement to any of them; (2) substances

18 intended for use in diagnosis, cure, mitigation, treatment, or

19 prevention of disease in man or animals; (3) substances (other

20 than food) intended to affect the structure of any function of

21 the body of man or animals and (4) substances intended for use

22 as a component of any article specified in clause (1), (2), or

23 (3) of this subsection. It does not include devices or their

24 components, parts, or accessories.

25 (t-3) "Electronic health record" or "EHR" means an

26 electronic record of health-related information on an

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1 individual that is created, gathered, managed, and consulted

2 by authorized health care clinicians and staff.

3 (t-4) "Emergency medical services personnel" has the

4 meaning ascribed to it in the Emergency Medical Services (EMS)

5 Systems Act.

6 (t-5) "Euthanasia agency" means an entity certified by the

7 Department of Financial and Professional Regulation for the

8 purpose of animal euthanasia that holds an animal control

9 facility license or animal shelter license under the Animal

10 Welfare Act. A euthanasia agency is authorized to purchase,

11 store, possess, and utilize Schedule II nonnarcotic and

12 Schedule III nonnarcotic drugs for the sole purpose of animal

13 euthanasia.

14 (t-10) "Euthanasia drugs" means Schedule II or Schedule

15 III substances (nonnarcotic controlled substances) that are

16 used by a euthanasia agency for the purpose of animal

17 euthanasia.

18 (u) "Good faith" means the prescribing or dispensing of a

19 controlled substance by a practitioner in the regular course

20 of professional treatment to or for any person who is under his

21 or her treatment for a pathology or condition other than that

22 individual's physical or psychological dependence upon or

23 addiction to a controlled substance, except as provided

24 herein: and application of the term to a pharmacist shall mean

25 the dispensing of a controlled substance pursuant to the

26 prescriber's order which in the professional judgment of the

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LRB102 20970 SPS 29867 b

1 pharmacist is lawful. The pharmacist shall be guided by

2 accepted professional standards including, but not limited to

3 the following, in making the judgment:

4 (1) lack of consistency of prescriber-patient

5 relationship,

6 (2) frequency of prescriptions for same drug by one

7 prescriber for large numbers of patients,

8 (3) quantities beyond those normally prescribed,

9 (4) unusual dosages (recognizing that there may be

10 clinical circumstances where more or less than the usual

11 dose may be used legitimately),

12 (5) unusual geographic distances between patient,

13 pharmacist and prescriber,

14 (6) consistent prescribing of habit-forming drugs.

15 (u-0.5) "Hallucinogen" means a drug that causes markedly

16 altered sensory perception leading to hallucinations of any

17 type.

18 (u-1) "Home infusion services" means services provided by

19 a pharmacy in compounding solutions for direct administration

20 to a patient in a private residence, long-term care facility,

21 or hospice setting by means of parenteral, intravenous,

22 intramuscular, subcutaneous, or intraspinal infusion.

23 (u-5) "Illinois State Police" means the State Police of

24 the State of Illinois, or its successor agency.

25 (v) "Immediate precursor" means a substance:

26 (1) which the Department has found to be and by rule

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1 designated as being a principal compound used, or produced

2 primarily for use, in the manufacture of a controlled

3 substance;

4 (2) which is an immediate chemical intermediary used

5 or likely to be used in the manufacture of such controlled

6 substance; and

7 (3) the control of which is necessary to prevent,

8 curtail or limit the manufacture of such controlled

9 substance.

10 (w) "Instructional activities" means the acts of teaching,

11 educating or instructing by practitioners using controlled

12 substances within educational facilities approved by the State

13 Board of Education or its successor agency.

14 (x) "Local authorities" means a duly organized State,

15 County or Municipal peace unit or police force.

16 (y) "Look-alike substance" means a substance, other than a

17 controlled substance which (1) by overall dosage unit

18 appearance, including shape, color, size, markings or lack

19 thereof, taste, consistency, or any other identifying physical

20 characteristic of the substance, would lead a reasonable

21 person to believe that the substance is a controlled

22 substance, or (2) is expressly or impliedly represented to be

23 a controlled substance or is distributed under circumstances

24 which would lead a reasonable person to believe that the

25 substance is a controlled substance. For the purpose of

26 determining whether the representations made or the

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1 circumstances of the distribution would lead a reasonable

2 person to believe the substance to be a controlled substance

3 under this clause (2) of subsection (y), the court or other

4 authority may consider the following factors in addition to

5 any other factor that may be relevant:

6 (a) statements made by the owner or person in control

7 of the substance concerning its nature, use or effect;

8 (b) statements made to the buyer or recipient that the

9 substance may be resold for profit;

10 (c) whether the substance is packaged in a manner

11 normally used for the illegal distribution of controlled

12 substances;

13 (d) whether the distribution or attempted distribution

14 included an exchange of or demand for money or other

15 property as consideration, and whether the amount of the

16 consideration was substantially greater than the

17 reasonable retail market value of the substance.

18 Clause (1) of this subsection (y) shall not apply to a

19 noncontrolled substance in its finished dosage form that was

20 initially introduced into commerce prior to the initial

21 introduction into commerce of a controlled substance in its

22 finished dosage form which it may substantially resemble.

23 Nothing in this subsection (y) prohibits the dispensing or

24 distributing of noncontrolled substances by persons authorized

25 to dispense and distribute controlled substances under this

26 Act, provided that such action would be deemed to be carried

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LRB102 20970 SPS 29867 b

1 out in good faith under subsection (u) if the substances

2 involved were controlled substances.

3 Nothing in this subsection (y) or in this Act prohibits

4 the manufacture, preparation, propagation, compounding,

5 processing, packaging, advertising or distribution of a drug

6 or drugs by any person registered pursuant to Section 510 of

7 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).

8 (y-1) "Mail-order pharmacy" means a pharmacy that is

9 located in a state of the United States that delivers,

10 dispenses or distributes, through the United States Postal

11 Service or other common carrier, to Illinois residents, any

12 substance which requires a prescription.

13 (z) "Manufacture" means the production, preparation,

14 propagation, compounding, conversion or processing of a

15 controlled substance other than methamphetamine, either

16 directly or indirectly, by extraction from substances of

17 natural origin, or independently by means of chemical

18 synthesis, or by a combination of extraction and chemical

19 synthesis, and includes any packaging or repackaging of the

20 substance or labeling of its container, except that this term

21 does not include:

22 (1) by an ultimate user, the preparation or

23 compounding of a controlled substance for his or her own

24 use; or

25 (2) by a practitioner, or his or her authorized agent

26 under his or her supervision, the preparation,

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1 compounding, packaging, or labeling of a controlled

2 substance:

3 (a) as an incident to his or her administering or

4 dispensing of a controlled substance in the course of

5 his or her professional practice; or

6 (b) as an incident to lawful research, teaching or

7 chemical analysis and not for sale.

8 (z-1) (Blank).

9 (z-5) "Medication shopping" means the conduct prohibited

10 under subsection (a) of Section 314.5 of this Act.

11 (z-10) "Mid-level practitioner" means (i) a physician

12 assistant who has been delegated authority to prescribe

13 through a written delegation of authority by a physician

14 licensed to practice medicine in all of its branches, in

15 accordance with Section 7.5 of the Physician Assistant

16 Practice Act of 1987, (ii) an advanced practice registered

17 nurse who has been delegated authority to prescribe through a

18 written delegation of authority by a physician licensed to

19 practice medicine in all of its branches or by a podiatric

20 physician, in accordance with Section 65-40 of the Nurse

21 Practice Act, (iii) an advanced practice registered nurse

22 certified as a nurse practitioner, nurse midwife, or clinical

23 nurse specialist who has been granted authority to prescribe

24 by a hospital affiliate in accordance with Section 65-45 of

25 the Nurse Practice Act, (iv) an animal euthanasia agency, or

26 (v) a prescribing psychologist.

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LRB102 20970 SPS 29867 b

1 (aa) "Narcotic drug" means any of the following, whether

2 produced directly or indirectly by extraction from substances

3 of vegetable origin, or independently by means of chemical

4 synthesis, or by a combination of extraction and chemical

5 synthesis:

6 (1) opium, opiates, derivatives of opium and opiates,

7 including their isomers, esters, ethers, salts, and salts

8 of isomers, esters, and ethers, whenever the existence of

9 such isomers, esters, ethers, and salts is possible within

10 the specific chemical designation; however the term

11 "narcotic drug" does not include the isoquinoline

12 alkaloids of opium;

13 (2) (blank);

14 (3) opium poppy and poppy straw;

15 (4) coca leaves, except coca leaves and extracts of

16 coca leaves from which substantially all of the cocaine

17 and ecgonine, and their isomers, derivatives and salts,

18 have been removed;

19 (5) cocaine, its salts, optical and geometric isomers,

20 and salts of isomers;

21 (6) ecgonine, its derivatives, their salts, isomers,

22 and salts of isomers;

23 (7) any compound, mixture, or preparation which

24 contains any quantity of any of the substances referred to

25 in subparagraphs (1) through (6).

26 (bb) "Nurse" means a registered nurse licensed under the

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LRB102 20970 SPS 29867 b

1 Nurse Practice Act.

2 (cc) (Blank).

3 (dd) "Opiate" means any substance having an addiction

4 forming or addiction sustaining liability similar to morphine

5 or being capable of conversion into a drug having addiction

6 forming or addiction sustaining liability.

7 (ee) "Opium poppy" means the plant of the species Papaver

8 somniferum L., except its seeds.

9 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or

10 solution or other liquid form of medication intended for

11 administration by mouth, but the term does not include a form

12 of medication intended for buccal, sublingual, or transmucosal

13 administration.

14 (ff) "Parole and Pardon Board" means the Parole and Pardon

15 Board of the State of Illinois or its successor agency.

16 (gg) "Person" means any individual, corporation,

17 mail-order pharmacy, government or governmental subdivision or

18 agency, business trust, estate, trust, partnership or

19 association, or any other entity.

20 (hh) "Pharmacist" means any person who holds a license or

21 certificate of registration as a registered pharmacist, a

22 local registered pharmacist or a registered assistant

23 pharmacist under the Pharmacy Practice Act.

24 (ii) "Pharmacy" means any store, ship or other place in

25 which pharmacy is authorized to be practiced under the

26 Pharmacy Practice Act.

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LRB102 20970 SPS 29867 b

1 (ii-5) "Pharmacy shopping" means the conduct prohibited

2 under subsection (b) of Section 314.5 of this Act.

3 (ii-10) "Physician" (except when the context otherwise

4 requires) means a person licensed to practice medicine in all

5 of its branches.

6 (jj) "Poppy straw" means all parts, except the seeds, of

7 the opium poppy, after mowing.

8 (kk) "Practitioner" means a physician licensed to practice

9 medicine in all its branches, dentist, optometrist, podiatric

10 physician, naturopathic physician,veterinarian, scientific

11 investigator, pharmacist, physician assistant, advanced

12 practice registered nurse, licensed practical nurse,

13 registered nurse, emergency medical services personnel,

14 hospital, laboratory, or pharmacy, or other person licensed,

15 registered, or otherwise lawfully permitted by the United

16 States or this State to distribute, dispense, conduct research

17 with respect to, administer or use in teaching or chemical

18 analysis, a controlled substance in the course of professional

19 practice or research.

20 (ll) "Pre-printed prescription" means a written

21 prescription upon which the designated drug has been indicated

22 prior to the time of issuance; the term does not mean a written

23 prescription that is individually generated by machine or

24 computer in the prescriber's office.

25 (mm) "Prescriber" means a physician licensed to practice

26 medicine in all its branches, dentist, optometrist,

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LRB102 20970 SPS 29867 b

1 prescribing psychologist licensed under Section 4.2 of the

2 Clinical Psychologist Licensing Act with prescriptive

3 authority delegated under Section 4.3 of the Clinical

4 Psychologist Licensing Act, podiatric physician, naturopathic

5 physician,or veterinarian who issues a prescription, a

6 physician assistant who issues a prescription for a controlled

7 substance in accordance with Section 303.05, a written

8 delegation, and a written collaborative agreement required

9 under Section 7.5 of the Physician Assistant Practice Act of

10 1987, an advanced practice registered nurse with prescriptive

11 authority delegated under Section 65-40 of the Nurse Practice

12 Act and in accordance with Section 303.05, a written

13 delegation, and a written collaborative agreement under

14 Section 65-35 of the Nurse Practice Act, an advanced practice

15 registered nurse certified as a nurse practitioner, nurse

16 midwife, or clinical nurse specialist who has been granted

17 authority to prescribe by a hospital affiliate in accordance

18 with Section 65-45 of the Nurse Practice Act and in accordance

19 with Section 303.05, or an advanced practice registered nurse

20 certified as a nurse practitioner, nurse midwife, or clinical

21 nurse specialist who has full practice authority pursuant to

22 Section 65-43 of the Nurse Practice Act.

23 (nn) "Prescription" means a written, facsimile, or oral

24 order, or an electronic order that complies with applicable

25 federal requirements, of a physician licensed to practice

26 medicine in all its branches, dentist, podiatric physician,

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1 naturopathic physician,or veterinarian for any controlled

2 substance, of an optometrist in accordance with Section 15.1

3 of the Illinois Optometric Practice Act of 1987, of a

4 prescribing psychologist licensed under Section 4.2 of the

5 Clinical Psychologist Licensing Act with prescriptive

6 authority delegated under Section 4.3 of the Clinical

7 Psychologist Licensing Act, of a physician assistant for a

8 controlled substance in accordance with Section 303.05, a

9 written delegation, and a written collaborative agreement

10 required under Section 7.5 of the Physician Assistant Practice

11 Act of 1987, of an advanced practice registered nurse with

12 prescriptive authority delegated under Section 65-40 of the

13 Nurse Practice Act who issues a prescription for a controlled

14 substance in accordance with Section 303.05, a written

15 delegation, and a written collaborative agreement under

16 Section 65-35 of the Nurse Practice Act, of an advanced

17 practice registered nurse certified as a nurse practitioner,

18 nurse midwife, or clinical nurse specialist who has been

19 granted authority to prescribe by a hospital affiliate in

20 accordance with Section 65-45 of the Nurse Practice Act and in

21 accordance with Section 303.05 when required by law, or of an

22 advanced practice registered nurse certified as a nurse

23 practitioner, nurse midwife, or clinical nurse specialist who

24 has full practice authority pursuant to Section 65-43 of the

25 Nurse Practice Act.

26 (nn-5) "Prescription Information Library" (PIL) means an

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LRB102 20970 SPS 29867 b

1 electronic library that contains reported controlled substance

2 data.

3 (nn-10) "Prescription Monitoring Program" (PMP) means the

4 entity that collects, tracks, and stores reported data on

5 controlled substances and select drugs pursuant to Section

6 316.

7 (oo) "Production" or "produce" means manufacture,

8 planting, cultivating, growing, or harvesting of a controlled

9 substance other than methamphetamine.

10 (pp) "Registrant" means every person who is required to

11 register under Section 302 of this Act.

12 (qq) "Registry number" means the number assigned to each

13 person authorized to handle controlled substances under the

14 laws of the United States and of this State.

15 (qq-5) "Secretary" means, as the context requires, either

16 the Secretary of the Department or the Secretary of the

17 Department of Financial and Professional Regulation, and the

18 Secretary's designated agents.

19 (rr) "State" includes the State of Illinois and any state,

20 district, commonwealth, territory, insular possession thereof,

21 and any area subject to the legal authority of the United

22 States of America.

23 (rr-5) "Stimulant" means any drug that (i) causes an

24 overall excitation of central nervous system functions, (ii)

25 causes impaired consciousness and awareness, and (iii) can be

26 habit-forming or lead to a substance abuse problem, including

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LRB102 20970 SPS 29867 b

1 but not limited to amphetamines and their analogs,

2 methylphenidate and its analogs, cocaine, and phencyclidine

3 and its analogs.

4 (rr-10) "Synthetic drug" includes, but is not limited to,

5 any synthetic cannabinoids or piperazines or any synthetic

6 cathinones as provided for in Schedule I.

7 (ss) "Ultimate user" means a person who lawfully possesses

8 a controlled substance for his or her own use or for the use of

9 a member of his or her household or for administering to an

10 animal owned by him or her or by a member of his or her

11 household.

12 (Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;

13 99-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff.

14 7-28-16; 100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513,

15 eff. 1-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)

16 (Text of Section after amendment by P.A. 101-666)

17 Sec. 102. Definitions. As used in this Act, unless the

18 context otherwise requires:

19 (a) "Addict" means any person who habitually uses any

20 drug, chemical, substance or dangerous drug other than alcohol

21 so as to endanger the public morals, health, safety or welfare

22 or who is so far addicted to the use of a dangerous drug or

23 controlled substance other than alcohol as to have lost the

24 power of self control with reference to his or her addiction.

25 (b) "Administer" means the direct application of a

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1 controlled substance, whether by injection, inhalation,

2 ingestion, or any other means, to the body of a patient,

3 research subject, or animal (as defined by the Humane

4 Euthanasia in Animal Shelters Act) by:

5 (1) a practitioner (or, in his or her presence, by his

6 or her authorized agent),

7 (2) the patient or research subject pursuant to an

8 order, or

9 (3) a euthanasia technician as defined by the Humane

10 Euthanasia in Animal Shelters Act.

11 (c) "Agent" means an authorized person who acts on behalf

12 of or at the direction of a manufacturer, distributor,

13 dispenser, prescriber, or practitioner. It does not include a

14 common or contract carrier, public warehouseman or employee of

15 the carrier or warehouseman.

16 (c-1) "Anabolic Steroids" means any drug or hormonal

17 substance, chemically and pharmacologically related to

18 testosterone (other than estrogens, progestins,

19 corticosteroids, and dehydroepiandrosterone), and includes:

20 (i) 3[beta],17-dihydroxy-5a-androstane,

21 (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,

22 (iii) 5[alpha]-androstan-3,17-dione,

23 (iv) 1-androstenediol (3[beta],

24 17[beta]-dihydroxy-5[alpha]-androst-1-ene),

25 (v) 1-androstenediol (3[alpha],

26 17[beta]-dihydroxy-5[alpha]-androst-1-ene),

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1 (vi) 4-androstenediol

2 (3[beta],17[beta]-dihydroxy-androst-4-ene),

3 (vii) 5-androstenediol

4 (3[beta],17[beta]-dihydroxy-androst-5-ene),

5 (viii) 1-androstenedione

6 ([5alpha]-androst-1-en-3,17-dione),

7 (ix) 4-androstenedione

8 (androst-4-en-3,17-dione),

9 (x) 5-androstenedione

10 (androst-5-en-3,17-dione),

11 (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-

12 hydroxyandrost-4-en-3-one),

13 (xii) boldenone (17[beta]-hydroxyandrost-

14 1,4,-diene-3-one),

15 (xiii) boldione (androsta-1,4-

16 diene-3,17-dione),

17 (xiv) calusterone (7[beta],17[alpha]-dimethyl-17

18 [beta]-hydroxyandrost-4-en-3-one),

19 (xv) clostebol (4-chloro-17[beta]-

20 hydroxyandrost-4-en-3-one),

21 (xvi) dehydrochloromethyltestosterone (4-chloro-

22 17[beta]-hydroxy-17[alpha]-methyl-

23 androst-1,4-dien-3-one),

24 (xvii) desoxymethyltestosterone

25 (17[alpha]-methyl-5[alpha]

26 -androst-2-en-17[beta]-ol)(a.k.a., madol),

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1 (xviii) [delta]1-dihydrotestosterone (a.k.a.

2 '1-testosterone') (17[beta]-hydroxy-

3 5[alpha]-androst-1-en-3-one),

4 (xix) 4-dihydrotestosterone (17[beta]-hydroxy-

5 androstan-3-one),

6 (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-

7 5[alpha]-androstan-3-one),

8 (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-

9 hydroxyestr-4-ene),

10 (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-

11 1[beta],17[beta]-dihydroxyandrost-4-en-3-one),

12 (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],

13 17[beta]-dihydroxyandrost-1,4-dien-3-one),

14 (xxiv) furazabol (17[alpha]-methyl-17[beta]-

15 hydroxyandrostano[2,3-c]-furazan),

16 (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,

17 (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-

18 androst-4-en-3-one),

19 (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

20 dihydroxy-estr-4-en-3-one),

21 (xxviii) mestanolone (17[alpha]-methyl-17[beta]-

22 hydroxy-5-androstan-3-one),

23 (xxix) mesterolone (1amethyl-17[beta]-hydroxy-

24 [5a]-androstan-3-one),

25 (xxx) methandienone (17[alpha]-methyl-17[beta]-

26 hydroxyandrost-1,4-dien-3-one),

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1 (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-

2 dihydroxyandrost-5-ene),

3 (xxxii) methenolone (1-methyl-17[beta]-hydroxy-

4 5[alpha]-androst-1-en-3-one),

5 (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-

6 dihydroxy-5a-androstane,

7 (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy

8 -5a-androstane,

9 (xxxv) 17[alpha]-methyl-3[beta],17[beta]-

10 dihydroxyandrost-4-ene),

11 (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-

12 methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),

13 (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-

14 hydroxyestra-4,9(10)-dien-3-one),

15 (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-

16 hydroxyestra-4,9-11-trien-3-one),

17 (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-

18 hydroxyandrost-4-en-3-one),

19 (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

20 hydroxyestr-4-en-3-one),

21 (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone

22 (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-

23 androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-

24 1-testosterone'),

25 (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),

26 (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-

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1 dihydroxyestr-4-ene),

2 (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-

3 dihydroxyestr-4-ene),

4 (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-

5 dihydroxyestr-5-ene),

6 (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-

7 dihydroxyestr-5-ene),

8 (xlvii) 19-nor-4,9(10)-androstadienedione

9 (estra-4,9(10)-diene-3,17-dione),

10 (xlviii) 19-nor-4-androstenedione (estr-4-

11 en-3,17-dione),

12 (xlix) 19-nor-5-androstenedione (estr-5-

13 en-3,17-dione),

14 (l) norbolethone (13[beta], 17a-diethyl-17[beta]-

15 hydroxygon-4-en-3-one),

16 (li) norclostebol (4-chloro-17[beta]-

17 hydroxyestr-4-en-3-one),

18 (lii) norethandrolone (17[alpha]-ethyl-17[beta]-

19 hydroxyestr-4-en-3-one),

20 (liii) normethandrolone (17[alpha]-methyl-17[beta]-

21 hydroxyestr-4-en-3-one),

22 (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-

23 2-oxa-5[alpha]-androstan-3-one),

24 (lv) oxymesterone (17[alpha]-methyl-4,17[beta]-

25 dihydroxyandrost-4-en-3-one),

26 (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-

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1 17[beta]-hydroxy-(5[alpha]-androstan-3-one),

2 (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-

3 (5[alpha]-androst-2-eno[3,2-c]-pyrazole),

4 (lviii) stenbolone (17[beta]-hydroxy-2-methyl-

5 (5[alpha]-androst-1-en-3-one),

6 (lix) testolactone (13-hydroxy-3-oxo-13,17-

7 secoandrosta-1,4-dien-17-oic

8 acid lactone),

9 (lx) testosterone (17[beta]-hydroxyandrost-

10 4-en-3-one),

11 (lxi) tetrahydrogestrinone (13[beta], 17[alpha]-

12 diethyl-17[beta]-hydroxygon-

13 4,9,11-trien-3-one),

14 (lxii) trenbolone (17[beta]-hydroxyestr-4,9,

15 11-trien-3-one).

16 Any person who is otherwise lawfully in possession of an

17 anabolic steroid, or who otherwise lawfully manufactures,

18 distributes, dispenses, delivers, or possesses with intent to

19 deliver an anabolic steroid, which anabolic steroid is

20 expressly intended for and lawfully allowed to be administered

21 through implants to livestock or other nonhuman species, and

22 which is approved by the Secretary of Health and Human

23 Services for such administration, and which the person intends

24 to administer or have administered through such implants,

25 shall not be considered to be in unauthorized possession or to

26 unlawfully manufacture, distribute, dispense, deliver, or

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LRB102 20970 SPS 29867 b

1 possess with intent to deliver such anabolic steroid for

2 purposes of this Act.

3 (d) "Administration" means the Drug Enforcement

4 Administration, United States Department of Justice, or its

5 successor agency.

6 (d-5) "Clinical Director, Prescription Monitoring Program"

7 means a Department of Human Services administrative employee

8 licensed to either prescribe or dispense controlled substances

9 who shall run the clinical aspects of the Department of Human

10 Services Prescription Monitoring Program and its Prescription

11 Information Library.

12 (d-10) "Compounding" means the preparation and mixing of

13 components, excluding flavorings, (1) as the result of a

14 prescriber's prescription drug order or initiative based on

15 the prescriber-patient-pharmacist relationship in the course

16 of professional practice or (2) for the purpose of, or

17 incident to, research, teaching, or chemical analysis and not

18 for sale or dispensing. "Compounding" includes the preparation

19 of drugs or devices in anticipation of receiving prescription

20 drug orders based on routine, regularly observed dispensing

21 patterns. Commercially available products may be compounded

22 for dispensing to individual patients only if both of the

23 following conditions are met: (i) the commercial product is

24 not reasonably available from normal distribution channels in

25 a timely manner to meet the patient's needs and (ii) the

26 prescribing practitioner has requested that the drug be

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1 compounded.

2 (e) "Control" means to add a drug or other substance, or

3 immediate precursor, to a Schedule whether by transfer from

4 another Schedule or otherwise.

5 (f) "Controlled Substance" means (i) a drug, substance,

6 immediate precursor, or synthetic drug in the Schedules of

7 Article II of this Act or (ii) a drug or other substance, or

8 immediate precursor, designated as a controlled substance by

9 the Department through administrative rule. The term does not

10 include distilled spirits, wine, malt beverages, or tobacco,

11 as those terms are defined or used in the Liquor Control Act of

12 1934 and the Tobacco Products Tax Act of 1995.

13 (f-5) "Controlled substance analog" means a substance:

14 (1) the chemical structure of which is substantially

15 similar to the chemical structure of a controlled

16 substance in Schedule I or II;

17 (2) which has a stimulant, depressant, or

18 hallucinogenic effect on the central nervous system that

19 is substantially similar to or greater than the stimulant,

20 depressant, or hallucinogenic effect on the central

21 nervous system of a controlled substance in Schedule I or

22 II; or

23 (3) with respect to a particular person, which such

24 person represents or intends to have a stimulant,

25 depressant, or hallucinogenic effect on the central

26 nervous system that is substantially similar to or greater

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1 than the stimulant, depressant, or hallucinogenic effect

2 on the central nervous system of a controlled substance in

3 Schedule I or II.

4 (g) "Counterfeit substance" means a controlled substance,

5 which, or the container or labeling of which, without

6 authorization bears the trademark, trade name, or other

7 identifying mark, imprint, number or device, or any likeness

8 thereof, of a manufacturer, distributor, or dispenser other

9 than the person who in fact manufactured, distributed, or

10 dispensed the substance.

11 (h) "Deliver" or "delivery" means the actual, constructive

12 or attempted transfer of possession of a controlled substance,

13 with or without consideration, whether or not there is an

14 agency relationship.

15 (i) "Department" means the Illinois Department of Human

16 Services (as successor to the Department of Alcoholism and

17 Substance Abuse) or its successor agency.

18 (j) (Blank).

19 (k) "Department of Corrections" means the Department of

20 Corrections of the State of Illinois or its successor agency.

21 (l) "Department of Financial and Professional Regulation"

22 means the Department of Financial and Professional Regulation

23 of the State of Illinois or its successor agency.

24 (m) "Depressant" means any drug that (i) causes an overall

25 depression of central nervous system functions, (ii) causes

26 impaired consciousness and awareness, and (iii) can be

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1 habit-forming or lead to a substance abuse problem, including

2 but not limited to alcohol, cannabis and its active principles

3 and their analogs, benzodiazepines and their analogs,

4 barbiturates and their analogs, opioids (natural and

5 synthetic) and their analogs, and chloral hydrate and similar

6 sedative hypnotics.

7 (n) (Blank).

8 (o) "Director" means the Director of the Illinois State

9 Police or his or her designated agents.

10 (p) "Dispense" means to deliver a controlled substance to

11 an ultimate user or research subject by or pursuant to the

12 lawful order of a prescriber, including the prescribing,

13 administering, packaging, labeling, or compounding necessary

14 to prepare the substance for that delivery.

15 (q) "Dispenser" means a practitioner who dispenses.

16 (r) "Distribute" means to deliver, other than by

17 administering or dispensing, a controlled substance.

18 (s) "Distributor" means a person who distributes.

19 (t) "Drug" means (1) substances recognized as drugs in the

20 official United States Pharmacopoeia, Official Homeopathic

21 Pharmacopoeia of the United States, or official National

22 Formulary, or any supplement to any of them; (2) substances

23 intended for use in diagnosis, cure, mitigation, treatment, or

24 prevention of disease in man or animals; (3) substances (other

25 than food) intended to affect the structure of any function of

26 the body of man or animals and (4) substances intended for use

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1 as a component of any article specified in clause (1), (2), or

2 (3) of this subsection. It does not include devices or their

3 components, parts, or accessories.

4 (t-3) "Electronic health record" or "EHR" means an

5 electronic record of health-related information on an

6 individual that is created, gathered, managed, and consulted

7 by authorized health care clinicians and staff.

8 (t-3.5) "Electronic health record system" or "EHR system"

9 means any computer-based system or combination of federally

10 certified Health IT Modules (defined at 42 CFR 170.102 or its

11 successor) used as a repository for electronic health records

12 and accessed or updated by a prescriber or authorized

13 surrogate in the ordinary course of his or her medical

14 practice. For purposes of connecting to the Prescription

15 Information Library maintained by the Bureau of Pharmacy and

16 Clinical Support Systems or its successor, an EHR system may

17 connect to the Prescription Information Library directly or

18 through all or part of a computer program or system that is a

19 federally certified Health IT Module maintained by a third

20 party and used by the EHR system to secure access to the

21 database.

22 (t-4) "Emergency medical services personnel" has the

23 meaning ascribed to it in the Emergency Medical Services (EMS)

24 Systems Act.

25 (t-5) "Euthanasia agency" means an entity certified by the

26 Department of Financial and Professional Regulation for the

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1 purpose of animal euthanasia that holds an animal control

2 facility license or animal shelter license under the Animal

3 Welfare Act. A euthanasia agency is authorized to purchase,

4 store, possess, and utilize Schedule II nonnarcotic and

5 Schedule III nonnarcotic drugs for the sole purpose of animal

6 euthanasia.

7 (t-10) "Euthanasia drugs" means Schedule II or Schedule

8 III substances (nonnarcotic controlled substances) that are

9 used by a euthanasia agency for the purpose of animal

10 euthanasia.

11 (u) "Good faith" means the prescribing or dispensing of a

12 controlled substance by a practitioner in the regular course

13 of professional treatment to or for any person who is under his

14 or her treatment for a pathology or condition other than that

15 individual's physical or psychological dependence upon or

16 addiction to a controlled substance, except as provided

17 herein: and application of the term to a pharmacist shall mean

18 the dispensing of a controlled substance pursuant to the

19 prescriber's order which in the professional judgment of the

20 pharmacist is lawful. The pharmacist shall be guided by

21 accepted professional standards including, but not limited to

22 the following, in making the judgment:

23 (1) lack of consistency of prescriber-patient

24 relationship,

25 (2) frequency of prescriptions for same drug by one

26 prescriber for large numbers of patients,

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1 (3) quantities beyond those normally prescribed,

2 (4) unusual dosages (recognizing that there may be

3 clinical circumstances where more or less than the usual

4 dose may be used legitimately),

5 (5) unusual geographic distances between patient,

6 pharmacist and prescriber,

7 (6) consistent prescribing of habit-forming drugs.

8 (u-0.5) "Hallucinogen" means a drug that causes markedly

9 altered sensory perception leading to hallucinations of any

10 type.

11 (u-1) "Home infusion services" means services provided by

12 a pharmacy in compounding solutions for direct administration

13 to a patient in a private residence, long-term care facility,

14 or hospice setting by means of parenteral, intravenous,

15 intramuscular, subcutaneous, or intraspinal infusion.

16 (u-5) "Illinois State Police" means the State Police of

17 the State of Illinois, or its successor agency.

18 (v) "Immediate precursor" means a substance:

19 (1) which the Department has found to be and by rule

20 designated as being a principal compound used, or produced

21 primarily for use, in the manufacture of a controlled

22 substance;

23 (2) which is an immediate chemical intermediary used

24 or likely to be used in the manufacture of such controlled

25 substance; and

26 (3) the control of which is necessary to prevent,

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LRB102 20970 SPS 29867 b

1 curtail or limit the manufacture of such controlled

2 substance.

3 (w) "Instructional activities" means the acts of teaching,

4 educating or instructing by practitioners using controlled

5 substances within educational facilities approved by the State

6 Board of Education or its successor agency.

7 (x) "Local authorities" means a duly organized State,

8 County or Municipal peace unit or police force.

9 (y) "Look-alike substance" means a substance, other than a

10 controlled substance which (1) by overall dosage unit

11 appearance, including shape, color, size, markings or lack

12 thereof, taste, consistency, or any other identifying physical

13 characteristic of the substance, would lead a reasonable

14 person to believe that the substance is a controlled

15 substance, or (2) is expressly or impliedly represented to be

16 a controlled substance or is distributed under circumstances

17 which would lead a reasonable person to believe that the

18 substance is a controlled substance. For the purpose of

19 determining whether the representations made or the

20 circumstances of the distribution would lead a reasonable

21 person to believe the substance to be a controlled substance

22 under this clause (2) of subsection (y), the court or other

23 authority may consider the following factors in addition to

24 any other factor that may be relevant:

25 (a) statements made by the owner or person in control

26 of the substance concerning its nature, use or effect;

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LRB102 20970 SPS 29867 b

1 (b) statements made to the buyer or recipient that the

2 substance may be resold for profit;

3 (c) whether the substance is packaged in a manner

4 normally used for the illegal distribution of controlled

5 substances;

6 (d) whether the distribution or attempted distribution

7 included an exchange of or demand for money or other

8 property as consideration, and whether the amount of the

9 consideration was substantially greater than the

10 reasonable retail market value of the substance.

11 Clause (1) of this subsection (y) shall not apply to a

12 noncontrolled substance in its finished dosage form that was

13 initially introduced into commerce prior to the initial

14 introduction into commerce of a controlled substance in its

15 finished dosage form which it may substantially resemble.

16 Nothing in this subsection (y) prohibits the dispensing or

17 distributing of noncontrolled substances by persons authorized

18 to dispense and distribute controlled substances under this

19 Act, provided that such action would be deemed to be carried

20 out in good faith under subsection (u) if the substances

21 involved were controlled substances.

22 Nothing in this subsection (y) or in this Act prohibits

23 the manufacture, preparation, propagation, compounding,

24 processing, packaging, advertising or distribution of a drug

25 or drugs by any person registered pursuant to Section 510 of

26 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).

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1 (y-1) "Mail-order pharmacy" means a pharmacy that is

2 located in a state of the United States that delivers,

3 dispenses or distributes, through the United States Postal

4 Service or other common carrier, to Illinois residents, any

5 substance which requires a prescription.

6 (z) "Manufacture" means the production, preparation,

7 propagation, compounding, conversion or processing of a

8 controlled substance other than methamphetamine, either

9 directly or indirectly, by extraction from substances of

10 natural origin, or independently by means of chemical

11 synthesis, or by a combination of extraction and chemical

12 synthesis, and includes any packaging or repackaging of the

13 substance or labeling of its container, except that this term

14 does not include:

15 (1) by an ultimate user, the preparation or

16 compounding of a controlled substance for his or her own

17 use; or

18 (2) by a practitioner, or his or her authorized agent

19 under his or her supervision, the preparation,

20 compounding, packaging, or labeling of a controlled

21 substance:

22 (a) as an incident to his or her administering or

23 dispensing of a controlled substance in the course of

24 his or her professional practice; or

25 (b) as an incident to lawful research, teaching or

26 chemical analysis and not for sale.

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1 (z-1) (Blank).

2 (z-5) "Medication shopping" means the conduct prohibited

3 under subsection (a) of Section 314.5 of this Act.

4 (z-10) "Mid-level practitioner" means (i) a physician

5 assistant who has been delegated authority to prescribe

6 through a written delegation of authority by a physician

7 licensed to practice medicine in all of its branches, in

8 accordance with Section 7.5 of the Physician Assistant

9 Practice Act of 1987, (ii) an advanced practice registered

10 nurse who has been delegated authority to prescribe through a

11 written delegation of authority by a physician licensed to

12 practice medicine in all of its branches or by a podiatric

13 physician, in accordance with Section 65-40 of the Nurse

14 Practice Act, (iii) an advanced practice registered nurse

15 certified as a nurse practitioner, nurse midwife, or clinical

16 nurse specialist who has been granted authority to prescribe

17 by a hospital affiliate in accordance with Section 65-45 of

18 the Nurse Practice Act, (iv) an animal euthanasia agency, or

19 (v) a prescribing psychologist.

20 (aa) "Narcotic drug" means any of the following, whether

21 produced directly or indirectly by extraction from substances

22 of vegetable origin, or independently by means of chemical

23 synthesis, or by a combination of extraction and chemical

24 synthesis:

25 (1) opium, opiates, derivatives of opium and opiates,

26 including their isomers, esters, ethers, salts, and salts

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1 of isomers, esters, and ethers, whenever the existence of

2 such isomers, esters, ethers, and salts is possible within

3 the specific chemical designation; however the term

4 "narcotic drug" does not include the isoquinoline

5 alkaloids of opium;

6 (2) (blank);

7 (3) opium poppy and poppy straw;

8 (4) coca leaves, except coca leaves and extracts of

9 coca leaves from which substantially all of the cocaine

10 and ecgonine, and their isomers, derivatives and salts,

11 have been removed;

12 (5) cocaine, its salts, optical and geometric isomers,

13 and salts of isomers;

14 (6) ecgonine, its derivatives, their salts, isomers,

15 and salts of isomers;

16 (7) any compound, mixture, or preparation which

17 contains any quantity of any of the substances referred to

18 in subparagraphs (1) through (6).

19 (bb) "Nurse" means a registered nurse licensed under the

20 Nurse Practice Act.

21 (cc) (Blank).

22 (dd) "Opiate" means any substance having an addiction

23 forming or addiction sustaining liability similar to morphine

24 or being capable of conversion into a drug having addiction

25 forming or addiction sustaining liability.

26 (ee) "Opium poppy" means the plant of the species Papaver

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1 somniferum L., except its seeds.

2 (ee-5) "Oral dosage" means a tablet, capsule, elixir, or

3 solution or other liquid form of medication intended for

4 administration by mouth, but the term does not include a form

5 of medication intended for buccal, sublingual, or transmucosal

6 administration.

7 (ff) "Parole and Pardon Board" means the Parole and Pardon

8 Board of the State of Illinois or its successor agency.

9 (gg) "Person" means any individual, corporation,

10 mail-order pharmacy, government or governmental subdivision or

11 agency, business trust, estate, trust, partnership or

12 association, or any other entity.

13 (hh) "Pharmacist" means any person who holds a license or

14 certificate of registration as a registered pharmacist, a

15 local registered pharmacist or a registered assistant

16 pharmacist under the Pharmacy Practice Act.

17 (ii) "Pharmacy" means any store, ship or other place in

18 which pharmacy is authorized to be practiced under the

19 Pharmacy Practice Act.

20 (ii-5) "Pharmacy shopping" means the conduct prohibited

21 under subsection (b) of Section 314.5 of this Act.

22 (ii-10) "Physician" (except when the context otherwise

23 requires) means a person licensed to practice medicine in all

24 of its branches.

25 (jj) "Poppy straw" means all parts, except the seeds, of

26 the opium poppy, after mowing.

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1 (kk) "Practitioner" means a physician licensed to practice

2 medicine in all its branches, dentist, optometrist, podiatric

3 physician, naturopathic physician,veterinarian, scientific

4 investigator, pharmacist, physician assistant, advanced

5 practice registered nurse, licensed practical nurse,

6 registered nurse, emergency medical services personnel,

7 hospital, laboratory, or pharmacy, or other person licensed,

8 registered, or otherwise lawfully permitted by the United

9 States or this State to distribute, dispense, conduct research

10 with respect to, administer or use in teaching or chemical

11 analysis, a controlled substance in the course of professional

12 practice or research.

13 (ll) "Pre-printed prescription" means a written

14 prescription upon which the designated drug has been indicated

15 prior to the time of issuance; the term does not mean a written

16 prescription that is individually generated by machine or

17 computer in the prescriber's office.

18 (mm) "Prescriber" means a physician licensed to practice

19 medicine in all its branches, dentist, optometrist,

20 naturopathic physician, prescribing psychologist licensed

21 under Section 4.2 of the Clinical Psychologist Licensing Act

22 with prescriptive authority delegated under Section 4.3 of the

23 Clinical Psychologist Licensing Act, podiatric physician, or

24 veterinarian who issues a prescription, a physician assistant

25 who issues a prescription for a controlled substance in

26 accordance with Section 303.05, a written delegation, and a

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1 written collaborative agreement required under Section 7.5 of

2 the Physician Assistant Practice Act of 1987, an advanced

3 practice registered nurse with prescriptive authority

4 delegated under Section 65-40 of the Nurse Practice Act and in

5 accordance with Section 303.05, a written delegation, and a

6 written collaborative agreement under Section 65-35 of the

7 Nurse Practice Act, an advanced practice registered nurse

8 certified as a nurse practitioner, nurse midwife, or clinical

9 nurse specialist who has been granted authority to prescribe

10 by a hospital affiliate in accordance with Section 65-45 of

11 the Nurse Practice Act and in accordance with Section 303.05,

12 or an advanced practice registered nurse certified as a nurse

13 practitioner, nurse midwife, or clinical nurse specialist who

14 has full practice authority pursuant to Section 65-43 of the

15 Nurse Practice Act.

16 (nn) "Prescription" means a written, facsimile, or oral

17 order, or an electronic order that complies with applicable

18 federal requirements, of a physician licensed to practice

19 medicine in all its branches, dentist, podiatric physician,

20 naturopathic physician,or veterinarian for any controlled

21 substance, of an optometrist in accordance with Section 15.1

22 of the Illinois Optometric Practice Act of 1987, of a

23 prescribing psychologist licensed under Section 4.2 of the

24 Clinical Psychologist Licensing Act with prescriptive

25 authority delegated under Section 4.3 of the Clinical

26 Psychologist Licensing Act, of a physician assistant for a

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1 controlled substance in accordance with Section 303.05, a

2 written delegation, and a written collaborative agreement

3 required under Section 7.5 of the Physician Assistant Practice

4 Act of 1987, of an advanced practice registered nurse with

5 prescriptive authority delegated under Section 65-40 of the

6 Nurse Practice Act who issues a prescription for a controlled

7 substance in accordance with Section 303.05, a written

8 delegation, and a written collaborative agreement under

9 Section 65-35 of the Nurse Practice Act, of an advanced

10 practice registered nurse certified as a nurse practitioner,

11 nurse midwife, or clinical nurse specialist who has been

12 granted authority to prescribe by a hospital affiliate in

13 accordance with Section 65-45 of the Nurse Practice Act and in

14 accordance with Section 303.05 when required by law, or of an

15 advanced practice registered nurse certified as a nurse

16 practitioner, nurse midwife, or clinical nurse specialist who

17 has full practice authority pursuant to Section 65-43 of the

18 Nurse Practice Act.

19 (nn-5) "Prescription Information Library" (PIL) means an

20 electronic library that contains reported controlled substance

21 data.

22 (nn-10) "Prescription Monitoring Program" (PMP) means the

23 entity that collects, tracks, and stores reported data on

24 controlled substances and select drugs pursuant to Section

25 316.

26 (oo) "Production" or "produce" means manufacture,

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1 planting, cultivating, growing, or harvesting of a controlled

2 substance other than methamphetamine.

3 (pp) "Registrant" means every person who is required to

4 register under Section 302 of this Act.

5 (qq) "Registry number" means the number assigned to each

6 person authorized to handle controlled substances under the

7 laws of the United States and of this State.

8 (qq-5) "Secretary" means, as the context requires, either

9 the Secretary of the Department or the Secretary of the

10 Department of Financial and Professional Regulation, and the

11 Secretary's designated agents.

12 (rr) "State" includes the State of Illinois and any state,

13 district, commonwealth, territory, insular possession thereof,

14 and any area subject to the legal authority of the United

15 States of America.

16 (rr-5) "Stimulant" means any drug that (i) causes an

17 overall excitation of central nervous system functions, (ii)

18 causes impaired consciousness and awareness, and (iii) can be

19 habit-forming or lead to a substance abuse problem, including

20 but not limited to amphetamines and their analogs,

21 methylphenidate and its analogs, cocaine, and phencyclidine

22 and its analogs.

23 (rr-10) "Synthetic drug" includes, but is not limited to,

24 any synthetic cannabinoids or piperazines or any synthetic

25 cathinones as provided for in Schedule I.

26 (ss) "Ultimate user" means a person who lawfully possesses

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1 a controlled substance for his or her own use or for the use of

2 a member of his or her household or for administering to an

3 animal owned by him or her or by a member of his or her

4 household.

5 (Source: P.A. 100-280, eff. 1-1-18; 100-453, eff. 8-25-17;

6 100-513, eff. 1-1-18; 100-789, eff. 1-1-19; 100-863, eff.

7 8-14-18; 101-666, eff. 1-1-22.)

8 Section 995. No acceleration or delay. Where this Act

9 makes changes in a statute that is represented in this Act by

10 text that is not yet or no longer in effect (for example, a

11 Section represented by multiple versions), the use of that

12 text does not accelerate or delay the taking effect of (i) the

13 changes made by this Act or (ii) provisions derived from any

14 other Public Act.

15 Section 999. Effective date. This Act takes effect upon

16 becoming law.