96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
Introduced 2/18/2009, by Rep. Angelo Saviano
SYNOPSIS AS INTRODUCED:
225 ILCS 95/7.5
720 ILCS 570/102 from Ch. 56 1/2, par. 1102
720 ILCS 570/303.05
Amends the Physician Assistant Practice Act of 1987. Provides that a
physician assistant may prescribe, dispense, and administer drugs and
medical devices to the extent delegated by the supervising physician,
including the prescribing and dispensing of Schedule II through V
controlled substances as described in Article II of the Illinois Controlled
Substances Act and all legend drugs (now, limited prescriptive authority
may be delegated by a physician for Schedule III, IV, and V controlled
substances in written guidelines to a physician assistant). Provides that
dispensing activities of any physician assistant shall comply with
appropriate federal and State regulations and occur when pharmacy services
are not reasonably available, or when it is in the best interest of the
patient, or when it is an emergency. Provides that physician assistants may
request, receive, and sign for professional samples and may distribute
professional samples to patients. Amends the Controlled Substances Act.
Provides that the Department of Financial and Professional Regulation shall
register licensed physician assistants and licensed advanced practice
nurses to prescribe and dispense Schedule II, III, IV, or V controlled
substances (now, III, IV or V controlled substances). Makes other changes.
LRB096 07723 ASK 17824 b
A BILL FOR
HB2247 LRB096 07723 ASK 17824 b
1 AN ACT concerning professional regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Physician Assistant Practice Act of 1987 is
5 amended by changing Section 7.5 as follows:
6 (225 ILCS 95/7.5)
7 (Section scheduled to be repealed on January 1, 2018)
8 Sec. 7.5. Prescriptions. A physician assistant may
9 prescribe, dispense, and administer drugs and medical devices
10 to the extent delegated by the supervising physician.
11 Prescribing and dispensing of drugs may include Schedule II
12 through V controlled substances as described in Article II of
13 the Illinois Controlled Substances Act and all legend drugs.
14 All dispensing activities of any physician assistant shall:
15 (1) comply with appropriate federal and State
16 regulations; and
17 (2) occur when pharmacy services are not reasonably
18 available, or when it is in the best interest of the
19 patient, or when it is an emergency. Physician assistants
20 may request, receive, and sign for professional samples and
21 may distribute professional samples to patients. A
22 supervising physician may delegate limited prescriptive
23 authority to a physician assistant. This authority may, but
HB2247 - 2 - LRB096 07723 ASK 17824 b
1 is not required to, include prescription and dispensing of
2 legend drugs and legend controlled substances categorized
3 as Schedule III, IV, or V controlled substances, as defined
4 in Article II of the Illinois Controlled Substances Act, as
5 delegated in the written guidelines required by this Act.
6 To prescribe Schedule III, IV, or V controlled substances
7 under this Section, a physician assistant must obtain a
8 mid-level practitioner controlled substances license.
9 Medication orders issued by a physician assistant shall be
10 reviewed periodically by the supervising physician. The
11 supervising physician shall file with the Department notice of
12 delegation of prescriptive authority to a physician assistant
13 and termination of delegation, specifying the authority
14 delegated or terminated. Upon receipt of this notice delegating
15 authority to prescribe Schedule III, IV, or V controlled
16 substances, the physician assistant shall be eligible to
17 register for a mid-level practitioner controlled substances
18 license under Section 303.05 of the Illinois Controlled
19 Substances Act. Nothing in this Act shall be construed to limit
20 the delegation of tasks or duties by the supervising physician
21 to a nurse or other appropriately trained personnel.
22 The Department shall establish by rule the minimum
23 requirements for written guidelines to be followed under this
25 (Source: P.A. 90-116, eff. 7-14-97; 90-818, eff. 3-23-99.)
HB2247 - 3 - LRB096 07723 ASK 17824 b
1 Section 10. The Illinois Controlled Substances Act is
2 amended by changing Sections 102 and 303.05 as follows:
3 (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
4 Sec. 102. Definitions. As used in this Act, unless the
5 context otherwise requires:
6 (a) "Addict" means any person who habitually uses any drug,
7 chemical, substance or dangerous drug other than alcohol so as
8 to endanger the public morals, health, safety or welfare or who
9 is so far addicted to the use of a dangerous drug or controlled
10 substance other than alcohol as to have lost the power of self
11 control with reference to his addiction.
12 (b) "Administer" means the direct application of a
13 controlled substance, whether by injection, inhalation,
14 ingestion, or any other means, to the body of a patient,
15 research subject, or animal (as defined by the Humane
16 Euthanasia in Animal Shelters Act) by:
17 (1) a practitioner (or, in his presence, by his
18 authorized agent),
19 (2) the patient or research subject at the lawful
20 direction of the practitioner, or
21 (3) a euthanasia technician as defined by the Humane
22 Euthanasia in Animal Shelters Act.
23 (c) "Agent" means an authorized person who acts on behalf
24 of or at the direction of a manufacturer, distributor, or
25 dispenser. It does not include a common or contract carrier,
HB2247 - 4 - LRB096 07723 ASK 17824 b
1 public warehouseman or employee of the carrier or warehouseman.
2 (c-1) "Anabolic Steroids" means any drug or hormonal
3 substance, chemically and pharmacologically related to
4 testosterone (other than estrogens, progestins, and
5 corticosteroids) that promotes muscle growth, and includes:
6 (i) boldenone,
7 (ii) chlorotestosterone,
8 (iii) chostebol,
9 (iv) dehydrochlormethyltestosterone,
10 (v) dihydrotestosterone,
11 (vi) drostanolone,
12 (vii) ethylestrenol,
13 (viii) fluoxymesterone,
14 (ix) formebulone,
15 (x) mesterolone,
16 (xi) methandienone,
17 (xii) methandranone,
18 (xiii) methandriol,
19 (xiv) methandrostenolone,
20 (xv) methenolone,
21 (xvi) methyltestosterone,
22 (xvii) mibolerone,
23 (xviii) nandrolone,
24 (xix) norethandrolone,
25 (xx) oxandrolone,
26 (xxi) oxymesterone,
HB2247 - 5 - LRB096 07723 ASK 17824 b
1 (xxii) oxymetholone,
2 (xxiii) stanolone,
3 (xxiv) stanozolol,
4 (xxv) testolactone,
5 (xxvi) testosterone,
6 (xxvii) trenbolone, and
7 (xxviii) any salt, ester, or isomer of a drug or
8 substance described or listed in this paragraph, if
9 that salt, ester, or isomer promotes muscle growth.
10 Any person who is otherwise lawfully in possession of an
11 anabolic steroid, or who otherwise lawfully manufactures,
12 distributes, dispenses, delivers, or possesses with intent to
13 deliver an anabolic steroid, which anabolic steroid is
14 expressly intended for and lawfully allowed to be administered
15 through implants to livestock or other nonhuman species, and
16 which is approved by the Secretary of Health and Human Services
17 for such administration, and which the person intends to
18 administer or have administered through such implants, shall
19 not be considered to be in unauthorized possession or to
20 unlawfully manufacture, distribute, dispense, deliver, or
21 possess with intent to deliver such anabolic steroid for
22 purposes of this Act.
23 (d) "Administration" means the Drug Enforcement
24 Administration, United States Department of Justice, or its
25 successor agency.
26 (e) "Control" means to add a drug or other substance, or
HB2247 - 6 - LRB096 07723 ASK 17824 b
1 immediate precursor, to a Schedule under Article II of this Act
2 whether by transfer from another Schedule or otherwise.
3 (f) "Controlled Substance" means a drug, substance, or
4 immediate precursor in the Schedules of Article II of this Act.
5 (g) "Counterfeit substance" means a controlled substance,
6 which, or the container or labeling of which, without
7 authorization bears the trademark, trade name, or other
8 identifying mark, imprint, number or device, or any likeness
9 thereof, of a manufacturer, distributor, or dispenser other
10 than the person who in fact manufactured, distributed, or
11 dispensed the substance.
12 (h) "Deliver" or "delivery" means the actual, constructive
13 or attempted transfer of possession of a controlled substance,
14 with or without consideration, whether or not there is an
15 agency relationship.
16 (i) "Department" means the Illinois Department of Human
17 Services (as successor to the Department of Alcoholism and
18 Substance Abuse) or its successor agency.
19 (j) "Department of State Police" means the Department of
20 State Police of the State of Illinois or its successor agency.
21 (k) "Department of Corrections" means the Department of
22 Corrections of the State of Illinois or its successor agency.
23 (l) "Department of Professional Regulation" means the
24 Department of Professional Regulation of the State of Illinois
25 or its successor agency.
26 (m) "Depressant" or "stimulant substance" means:
HB2247 - 7 - LRB096 07723 ASK 17824 b
1 (1) a drug which contains any quantity of (i)
2 barbituric acid or any of the salts of barbituric acid
3 which has been designated as habit forming under section
4 502 (d) of the Federal Food, Drug, and Cosmetic Act (21
5 U.S.C. 352 (d)); or
6 (2) a drug which contains any quantity of (i)
7 amphetamine or methamphetamine and any of their optical
8 isomers; (ii) any salt of amphetamine or methamphetamine or
9 any salt of an optical isomer of amphetamine; or (iii) any
10 substance which the Department, after investigation, has
11 found to be, and by rule designated as, habit forming
12 because of its depressant or stimulant effect on the
13 central nervous system; or
14 (3) lysergic acid diethylamide; or
15 (4) any drug which contains any quantity of a substance
16 which the Department, after investigation, has found to
17 have, and by rule designated as having, a potential for
18 abuse because of its depressant or stimulant effect on the
19 central nervous system or its hallucinogenic effect.
20 (n) (Blank).
21 (o) "Director" means the Director of the Department of
22 State Police or the Department of Professional Regulation or
23 his designated agents.
24 (p) "Dispense" means to deliver a controlled substance to
25 an ultimate user or research subject by or pursuant to the
26 lawful order of a prescriber, including the prescribing,
HB2247 - 8 - LRB096 07723 ASK 17824 b
1 administering, packaging, labeling, or compounding necessary
2 to prepare the substance for that delivery.
3 (q) "Dispenser" means a practitioner who dispenses.
4 (r) "Distribute" means to deliver, other than by
5 administering or dispensing, a controlled substance.
6 (s) "Distributor" means a person who distributes.
7 (t) "Drug" means (1) substances recognized as drugs in the
8 official United States Pharmacopoeia, Official Homeopathic
9 Pharmacopoeia of the United States, or official National
10 Formulary, or any supplement to any of them; (2) substances
11 intended for use in diagnosis, cure, mitigation, treatment, or
12 prevention of disease in man or animals; (3) substances (other
13 than food) intended to affect the structure of any function of
14 the body of man or animals and (4) substances intended for use
15 as a component of any article specified in clause (1), (2), or
16 (3) of this subsection. It does not include devices or their
17 components, parts, or accessories.
18 (t-5) "Euthanasia agency" means an entity certified by the
19 Department of Professional Regulation for the purpose of animal
20 euthanasia that holds an animal control facility license or
21 animal shelter license under the Animal Welfare Act. A
22 euthanasia agency is authorized to purchase, store, possess,
23 and utilize Schedule II nonnarcotic and Schedule III
24 nonnarcotic drugs for the sole purpose of animal euthanasia.
25 (t-10) "Euthanasia drugs" means Schedule II or Schedule III
26 substances (nonnarcotic controlled substances) that are used
HB2247 - 9 - LRB096 07723 ASK 17824 b
1 by a euthanasia agency for the purpose of animal euthanasia.
2 (u) "Good faith" means the prescribing or dispensing of a
3 controlled substance by a practitioner in the regular course of
4 professional treatment to or for any person who is under his
5 treatment for a pathology or condition other than that
6 individual's physical or psychological dependence upon or
7 addiction to a controlled substance, except as provided herein:
8 and application of the term to a pharmacist shall mean the
9 dispensing of a controlled substance pursuant to the
10 prescriber's order which in the professional judgment of the
11 pharmacist is lawful. The pharmacist shall be guided by
12 accepted professional standards including, but not limited to
13 the following, in making the judgment:
14 (1) lack of consistency of doctor-patient
16 (2) frequency of prescriptions for same drug by one
17 prescriber for large numbers of patients,
18 (3) quantities beyond those normally prescribed,
19 (4) unusual dosages,
20 (5) unusual geographic distances between patient,
21 pharmacist and prescriber,
22 (6) consistent prescribing of habit-forming drugs.
23 (u-1) "Home infusion services" means services provided by a
24 pharmacy in compounding solutions for direct administration to
25 a patient in a private residence, long-term care facility, or
26 hospice setting by means of parenteral, intravenous,
HB2247 - 10 - LRB096 07723 ASK 17824 b
1 intramuscular, subcutaneous, or intraspinal infusion.
2 (v) "Immediate precursor" means a substance:
3 (1) which the Department has found to be and by rule
4 designated as being a principal compound used, or produced
5 primarily for use, in the manufacture of a controlled
7 (2) which is an immediate chemical intermediary used or
8 likely to be used in the manufacture of such controlled
9 substance; and
10 (3) the control of which is necessary to prevent,
11 curtail or limit the manufacture of such controlled
13 (w) "Instructional activities" means the acts of teaching,
14 educating or instructing by practitioners using controlled
15 substances within educational facilities approved by the State
16 Board of Education or its successor agency.
17 (x) "Local authorities" means a duly organized State,
18 County or Municipal peace unit or police force.
19 (y) "Look-alike substance" means a substance, other than a
20 controlled substance which (1) by overall dosage unit
21 appearance, including shape, color, size, markings or lack
22 thereof, taste, consistency, or any other identifying physical
23 characteristic of the substance, would lead a reasonable person
24 to believe that the substance is a controlled substance, or (2)
25 is expressly or impliedly represented to be a controlled
26 substance or is distributed under circumstances which would
HB2247 - 11 - LRB096 07723 ASK 17824 b
1 lead a reasonable person to believe that the substance is a
2 controlled substance. For the purpose of determining whether
3 the representations made or the circumstances of the
4 distribution would lead a reasonable person to believe the
5 substance to be a controlled substance under this clause (2) of
6 subsection (y), the court or other authority may consider the
7 following factors in addition to any other factor that may be
9 (a) statements made by the owner or person in control
10 of the substance concerning its nature, use or effect;
11 (b) statements made to the buyer or recipient that the
12 substance may be resold for profit;
13 (c) whether the substance is packaged in a manner
14 normally used for the illegal distribution of controlled
16 (d) whether the distribution or attempted distribution
17 included an exchange of or demand for money or other
18 property as consideration, and whether the amount of the
19 consideration was substantially greater than the
20 reasonable retail market value of the substance.
21 Clause (1) of this subsection (y) shall not apply to a
22 noncontrolled substance in its finished dosage form that was
23 initially introduced into commerce prior to the initial
24 introduction into commerce of a controlled substance in its
25 finished dosage form which it may substantially resemble.
26 Nothing in this subsection (y) prohibits the dispensing or
HB2247 - 12 - LRB096 07723 ASK 17824 b
1 distributing of noncontrolled substances by persons authorized
2 to dispense and distribute controlled substances under this
3 Act, provided that such action would be deemed to be carried
4 out in good faith under subsection (u) if the substances
5 involved were controlled substances.
6 Nothing in this subsection (y) or in this Act prohibits the
7 manufacture, preparation, propagation, compounding,
8 processing, packaging, advertising or distribution of a drug or
9 drugs by any person registered pursuant to Section 510 of the
10 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
11 (y-1) "Mail-order pharmacy" means a pharmacy that is
12 located in a state of the United States, other than Illinois,
13 that delivers, dispenses or distributes, through the United
14 States Postal Service or other common carrier, to Illinois
15 residents, any substance which requires a prescription.
16 (z) "Manufacture" means the production, preparation,
17 propagation, compounding, conversion or processing of a
18 controlled substance other than methamphetamine, either
19 directly or indirectly, by extraction from substances of
20 natural origin, or independently by means of chemical
21 synthesis, or by a combination of extraction and chemical
22 synthesis, and includes any packaging or repackaging of the
23 substance or labeling of its container, except that this term
24 does not include:
25 (1) by an ultimate user, the preparation or compounding
26 of a controlled substance for his own use; or
HB2247 - 13 - LRB096 07723 ASK 17824 b
1 (2) by a practitioner, or his authorized agent under
2 his supervision, the preparation, compounding, packaging,
3 or labeling of a controlled substance:
4 (a) as an incident to his administering or
5 dispensing of a controlled substance in the course of
6 his professional practice; or
7 (b) as an incident to lawful research, teaching or
8 chemical analysis and not for sale.
9 (z-1) (Blank).
10 (aa) "Narcotic drug" means any of the following, whether
11 produced directly or indirectly by extraction from substances
12 of natural origin, or independently by means of chemical
13 synthesis, or by a combination of extraction and chemical
15 (1) opium and opiate, and any salt, compound,
16 derivative, or preparation of opium or opiate;
17 (2) any salt, compound, isomer, derivative, or
18 preparation thereof which is chemically equivalent or
19 identical with any of the substances referred to in clause
20 (1), but not including the isoquinoline alkaloids of opium;
21 (3) opium poppy and poppy straw;
22 (4) coca leaves and any salts, compound, isomer, salt
23 of an isomer, derivative, or preparation of coca leaves
24 including cocaine or ecgonine, and any salt, compound,
25 isomer, derivative, or preparation thereof which is
26 chemically equivalent or identical with any of these
HB2247 - 14 - LRB096 07723 ASK 17824 b
1 substances, but not including decocainized coca leaves or
2 extractions of coca leaves which do not contain cocaine or
3 ecgonine (for the purpose of this paragraph, the term
4 "isomer" includes optical, positional and geometric
6 (bb) "Nurse" means a registered nurse licensed under the
7 Nurse Practice Act.
8 (cc) (Blank).
9 (dd) "Opiate" means any substance having an addiction
10 forming or addiction sustaining liability similar to morphine
11 or being capable of conversion into a drug having addiction
12 forming or addiction sustaining liability.
13 (ee) "Opium poppy" means the plant of the species Papaver
14 somniferum L., except its seeds.
15 (ff) "Parole and Pardon Board" means the Parole and Pardon
16 Board of the State of Illinois or its successor agency.
17 (gg) "Person" means any individual, corporation,
18 mail-order pharmacy, government or governmental subdivision or
19 agency, business trust, estate, trust, partnership or
20 association, or any other entity.
21 (hh) "Pharmacist" means any person who holds a license or
22 certificate of registration as a registered pharmacist, a local
23 registered pharmacist or a registered assistant pharmacist
24 under the Pharmacy Practice Act.
25 (ii) "Pharmacy" means any store, ship or other place in
26 which pharmacy is authorized to be practiced under the Pharmacy
HB2247 - 15 - LRB096 07723 ASK 17824 b
1 Practice Act.
2 (jj) "Poppy straw" means all parts, except the seeds, of
3 the opium poppy, after mowing.
4 (kk) "Practitioner" means a physician licensed to practice
5 medicine in all its branches, dentist, optometrist,
6 podiatrist, veterinarian, scientific investigator, pharmacist,
7 physician assistant, advanced practice nurse, licensed
8 practical nurse, registered nurse, hospital, laboratory, or
9 pharmacy, or other person licensed, registered, or otherwise
10 lawfully permitted by the United States or this State to
11 distribute, dispense, conduct research with respect to,
12 administer or use in teaching or chemical analysis, a
13 controlled substance in the course of professional practice or
15 (ll) "Pre-printed prescription" means a written
16 prescription upon which the designated drug has been indicated
17 prior to the time of issuance.
18 (mm) "Prescriber" means a physician licensed to practice
19 medicine in all its branches, dentist, optometrist, podiatrist
20 or veterinarian who issues a prescription, a physician
21 assistant who issues a prescription for a Schedule III, IV, or
22 V controlled substance in accordance with Section 303.05 and
23 the written guidelines required under Section 7.5 of the
24 Physician Assistant Practice Act of 1987, or an advanced
25 practice nurse with prescriptive authority delegated under
26 Section 65-40 of the Nurse Practice Act and in accordance with
HB2247 - 16 - LRB096 07723 ASK 17824 b
1 Section 303.05 and a written collaborative agreement under
2 Section 65-35 of the Nurse Practice Act.
3 (nn) "Prescription" means a lawful written, facsimile, or
4 verbal order of a physician licensed to practice medicine in
5 all its branches, dentist, podiatrist or veterinarian for any
6 controlled substance, of an optometrist for a Schedule III, IV,
7 or V controlled substance in accordance with Section 15.1 of
8 the Illinois Optometric Practice Act of 1987, of a physician
9 assistant for a Schedule III, IV, or V controlled substance in
10 accordance with Section 303.05 and the written guidelines
11 required under Section 7.5 of the Physician Assistant Practice
12 Act of 1987, or of an advanced practice nurse with prescriptive
13 authority delegated under Section 65-40 of the Nurse Practice
14 Act who issues a prescription for a Schedule III, IV, or V
15 controlled substance in accordance with Section 303.05 and a
16 written collaborative agreement under Section 65-35 of the
17 Nurse Practice Act.
18 (oo) "Production" or "produce" means manufacture,
19 planting, cultivating, growing, or harvesting of a controlled
20 substance other than methamphetamine.
21 (pp) "Registrant" means every person who is required to
22 register under Section 302 of this Act.
23 (qq) "Registry number" means the number assigned to each
24 person authorized to handle controlled substances under the
25 laws of the United States and of this State.
26 (rr) "State" includes the State of Illinois and any state,
HB2247 - 17 - LRB096 07723 ASK 17824 b
1 district, commonwealth, territory, insular possession thereof,
2 and any area subject to the legal authority of the United
3 States of America.
4 (ss) "Ultimate user" means a person who lawfully possesses
5 a controlled substance for his own use or for the use of a
6 member of his household or for administering to an animal owned
7 by him or by a member of his household.
8 (Source: P.A. 94-556, eff. 9-11-05; 95-242, eff. 1-1-08;
9 95-639, eff. 10-5-07; 95-689, eff. 10-29-07; 95-876, eff.
11 (720 ILCS 570/303.05)
12 Sec. 303.05. Mid-level practitioner registration.
13 (a) The Department of Financial and Professional
14 Regulation shall register licensed physician assistants and
15 licensed advanced practice nurses to prescribe and dispense
16 Schedule II, III, IV, or V controlled substances under Section
17 303 and euthanasia agencies to purchase, store, or administer
18 euthanasia drugs under the following circumstances:
19 (1) with respect to physician assistants or advanced
20 practice nurses,
21 (A) the physician assistant or advanced practice
22 nurse has been delegated prescriptive authority by a
23 physician licensed to practice medicine in all its
24 branches in accordance with Section 7.5 of the
25 Physician Assistant Practice Act of 1987 or Section
HB2247 - 18 - LRB096 07723 ASK 17824 b
1 65-40 of the Nurse Practice Act; and
2 (B) the physician assistant or advanced practice
3 nurse has completed the appropriate application forms
4 and has paid the required fees as set by rule; or
5 (2) with respect to euthanasia agencies, the
6 euthanasia agency has obtained a license from the
7 Department of Professional Regulation and obtained a
8 registration number from the Department.
9 (b) The mid-level practitioner shall only be licensed to
10 prescribe those schedules of controlled substances for which a
11 licensed physician has delegated prescriptive authority,
12 except that a euthanasia agency does not have any prescriptive
14 (c) Upon completion of all registration requirements,
15 physician assistants, advanced practice nurses, and euthanasia
16 agencies shall be issued a mid-level practitioner controlled
17 substances license for Illinois.
18 (Source: P.A. 95-639, eff. 10-5-07.)