Section 3100.80  Exemption of Agents and Employees:  Affiliated Practitioners

a)         The requirement of licensure is waived for any agent or employee of a person who is licensed to engage in any group of independent activities (see Section 3100.50), if the agent or employee is acting in the usual course of his or her business or employment.

b)         An individual practitioner who is an agent or employee of another practitioner licensed to dispense controlled substances may, when acting in the usual course of his or her employment, administer and dispense (other than by issuance of a prescription) controlled substances if and to the extent that the individual practitioner is authorized or permitted to do so by the employer or principal practitioner, under the license of the employer or principal practitioner, in lieu of being licensed himself or herself.

c)         In a licensed hospital, hospital affiliate, or licensed ambulatory surgical treatment center ("institution") a licensed advanced practice nurse, acting pursuant to Section 65-45 of the Nurse Practice Act, or a physician assistant, acting pursuant to Section 7.7 of the Physician Assistant Practice Act of 1987, may be granted clinical privileges, including the authority to select, order and administer, and issue discharge prescriptions for, controlled substances under the DEA registration number of the hospital, hospital affiliate or licensed ambulatory surgical treatment center by whom he or she is employed.

d)         In a licensed hospital or affiliated training facility ("institution"), a holder of a Temporary License, pursuant to Section 17 of the Medical Practice Act [225 ILCS 60/17], may select, order and administer, and issue discharge prescriptions for, controlled substances under the DEA registration number of the hospital or affiliated training facility by whom he or she is employed.

e)         The exemptions provided for advanced practice nurses, physician assistants and temporary license holders in subsections (c) and (d) are subject to the following conditions:

1)         The selection, ordering and administration of, and issuance of discharge prescriptions for, controlled substances is done in the usual course of his or her professional practice or training program;

2)         The institution by whom he or she is employed has verified that the individual practitioner is authorized by the institution's medical staff, or medical staff committee, to select, order and administer, and issue discharge prescriptions for, controlled substances;

3)         The advanced practice nurse, physician assistant or temporary license holder is acting only within the scope of his or her employment;

4)         The institution authorizes the temporary license holder, advanced practice nurse or physician assistant to select, order and administer, and issue discharge prescriptions for, controlled substances under the institution's registration and designates a specific internal code number for each temporary license holder, advanced practice nurse or physician assitant so authorized.  The code number shall consist of numbers, letters or a combination of numbers and letters and shall be a suffix to the institution's DEA registration number, preceded by a hyphen (e.g., APO 123456-10 or APO 123456-A12);

5)         A current list of internal codes and the corresponding temporary license holder, advanced practice nurse or physician assistant is kept by the institution and is made available at all times to other licensees and law enforcement agencies upon request for the purpose of verifying the authority of the temporary license holder, advanced practice nurse or physician assistant; and

6)         A temporary license holder, advanced practice nurse or physician assistant shall include on all prescriptions issued by him or her the registration number of the institution, his or her specific internal code number, and his or her name.

f)         An official exempted from registration under the Act and this Part shall include on all prescriptions issued by him or her, his or her branch of service or agency (e.g., "U.S. Army" or "Public Health Service") and his or her DOD identification number, in lieu of the license number of the practitioner required by this Part.  The DOD identification number for a Public Health Service practitioner is his or her social security identification number.  Each prescription shall have the name of the officer stamped or printed on it, as well as the signature of the officer.

(Source:  Amended at 39 Ill. Reg. 3656, effective February 27, 2015)