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| Public Act 095-0242 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Optometric Practice Act of 1987 is | ||||
amended by changing Sections 15.1 and 16 as follows:
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(225 ILCS 80/15.1)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 15.1. Diagnostic and therapeutic authority.
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(a) For purposes of the Act, "ocular pharmaceutical
agents" | ||||
means topical anesthetics, topical mydriatics, topical
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cycloplegics, topical miotics and mydriatic reversing agents, | ||||
topical anti-infective agents,
topical anti-allergy agents,
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topical
anti-glaucoma agents (except oral carbonic anhydrase | ||||
inhibitors, which may be prescribed only in a quantity | ||||
sufficient to provide treatment for up to 72 hours), topical
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anti-inflammatory agents (except oral steroids), topical
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anesthetic
agents, over-the-counter agents, and
non-narcotic | ||||
oral analgesic
agents,
and mydriatic reversing
agents when used | ||||
for diagnostic or therapeutic purposes. | ||||
(a-5) Ocular pharmaceutical agents administered by | ||||
injection may be used only for the treatment of anaphylaxis. | ||||
(a-10) Oral pharmaceutical agents may be prescribed for a | ||||
child under 5 years of age only in consultation with a | ||||
physician licensed to practice medicine in all its branches. | ||
(a-15) The authority to prescribe a Schedule III, IV, or V | ||
controlled substance shall include only analgesic agents in a | ||
quantity sufficient to provide treatment for up to 72 hours. | ||
The prescription of a Schedule II controlled substance is | ||
prohibited.
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(b) A licensed optometrist may remove superficial foreign | ||
bodies from the human eye and adnexa and may give orders for | ||
patient care to a nurse licensed to practice under Illinois | ||
law. | ||
(c) An optometrist's license shall be revoked or suspended | ||
by the Department
upon recommendation of the Board based upon | ||
either of the
following causes: | ||
(1) grave or repeated misuse of any ocular
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pharmaceutical agent; and | ||
(2) the use of any agent or procedure in the course of | ||
optometric practice
by an optometrist not properly | ||
authorized under this Act. | ||
(d) The Secretary of Financial and Professional Regulation | ||
shall notify
the Director of Public Health as to the categories | ||
of ocular
pharmaceutical agents permitted for use by an | ||
optometrist. The Director of Public Health shall in turn
notify | ||
every licensed pharmacist in the State of the categories of | ||
ocular
pharmaceutical agents that can be utilized and | ||
prescribed by an optometrist.
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(Source: P.A. 94-787, eff. 5-19-06.)
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(225 ILCS 80/16) (from Ch. 111, par. 3916)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 16. Renewal, reinstatement or restoration of | ||
licenses; military
service. The expiration date and renewal | ||
period for each license issued under this Act shall be set by | ||
rule.
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All renewal applicants shall provide proof of having met | ||
the requirements
of continuing education set forth in the rules | ||
of the Department. The
Department shall, by rule, provide for | ||
an orderly process for the
reinstatement of licenses which have | ||
not been renewed due to failure to
meet the continuing | ||
education requirements. The continuing education
requirement | ||
may be waived for such good cause, including but not limited to
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illness or hardship, as defined by rules
of the Department.
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The Department shall establish by rule a means for the | ||
verification of
completion of the continuing education | ||
required by this Section. This
verification may be accomplished | ||
through audits of records maintained by
registrants; by | ||
requiring the filing of continuing education certificates
with | ||
the Department; or by other means established by the | ||
Department.
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Any licensee seeking renewal of his or her license during | ||
the renewal cycle beginning April 1, 2008 must first complete a | ||
tested educational course in the use of oral pharmaceutical | ||
agents for the management of ocular conditions, as approved by | ||
the Board.
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Any optometrist who has permitted his or her license to | ||
expire or who has
had his or her license on inactive status may | ||
have his or her license restored
by making application to the | ||
Department and filing proof acceptable to the
Department of his | ||
or her fitness to have his or her license restored and by
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paying the required fees. Such proof of fitness may include | ||
evidence
certifying to active lawful practice in another | ||
jurisdiction and must include
proof of the completion of the | ||
continuing education requirements specified in
the rules for | ||
the preceding license renewal period that has been completed | ||
during the 2 years prior to the
application for license | ||
restoration.
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The Department shall determine, by an evaluation program | ||
established by
rule, his or her fitness for restoration of his | ||
or her license and
shall establish procedures and requirements | ||
for such restoration.
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However, any optometrist whose license expired while he or | ||
she was (1) in
Federal Service on active duty with the Armed | ||
Forces of the United States,
or the State Militia called into | ||
service or training, or (2) in training or
education under the | ||
supervision of the United States preliminary to
induction into | ||
the military service, may have his or her license restored
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without paying any lapsed renewal fees if within 2 years after | ||
honorable
termination of such service, training, or education, | ||
he or she furnishes
the Department with satisfactory evidence | ||
to the effect that he or she has
been so engaged and that his or | ||
her service, training, or education has been
so terminated. | ||
All licenses without "Therapeutic Certification" on March | ||
31, 2006 shall be placed on non-renewed status and may only be | ||
renewed after the licensee meets those requirements | ||
established by the Department that may not be waived.
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(Source: P.A. 94-787, eff. 5-19-06.)
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Section 10. The Illinois Controlled Substances Act is | ||
amended by changing Sections 102 and 103 as follows: | ||
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||
Sec. 102. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
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(a) "Addict" means any person who habitually uses any drug, | ||
chemical,
substance or dangerous drug other than alcohol so as | ||
to endanger the public
morals, health, safety or welfare or who | ||
is so far addicted to the use of a
dangerous drug or controlled | ||
substance other than alcohol as to have lost
the power of self | ||
control with reference to his addiction.
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(b) "Administer" means the direct application of a | ||
controlled
substance, whether by injection, inhalation, | ||
ingestion, or any other
means, to the body of a patient, | ||
research subject, or animal (as
defined by the Humane | ||
Euthanasia in Animal Shelters Act) by:
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(1) a practitioner (or, in his presence, by his | ||
authorized agent),
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(2) the patient or research subject at the lawful | ||
direction of the
practitioner, or
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(3) a euthanasia technician as defined by the Humane | ||
Euthanasia in
Animal Shelters Act.
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(c) "Agent" means an authorized person who acts on behalf | ||
of or at
the direction of a manufacturer, distributor, or | ||
dispenser. It does not
include a common or contract carrier, | ||
public warehouseman or employee of
the carrier or warehouseman.
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(c-1) "Anabolic Steroids" means any drug or hormonal | ||
substance,
chemically and pharmacologically related to | ||
testosterone (other than
estrogens, progestins, and | ||
corticosteroids) that promotes muscle growth,
and includes:
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(i) boldenone,
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(ii) chlorotestosterone,
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(iii) chostebol,
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(iv) dehydrochlormethyltestosterone,
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(v) dihydrotestosterone,
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(vi) drostanolone,
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(vii) ethylestrenol,
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(viii) fluoxymesterone,
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(ix) formebulone,
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(x) mesterolone,
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(xi) methandienone,
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(xii) methandranone,
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(xiii) methandriol,
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(xiv) methandrostenolone,
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(xv) methenolone,
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(xvi) methyltestosterone,
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(xvii) mibolerone,
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(xviii) nandrolone,
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(xix) norethandrolone,
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(xx) oxandrolone,
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(xxi) oxymesterone,
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(xxii) oxymetholone,
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(xxiii) stanolone,
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(xxiv) stanozolol,
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(xxv) testolactone,
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(xxvi) testosterone,
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(xxvii) trenbolone, and
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(xxviii) any salt, ester, or isomer of a drug or | ||
substance described
or listed in this paragraph, if | ||
that salt, ester, or isomer promotes muscle
growth.
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Any person who is otherwise lawfully in possession of an | ||
anabolic
steroid, or who otherwise lawfully manufactures, | ||
distributes, dispenses,
delivers, or possesses with intent to | ||
deliver an anabolic steroid, which
anabolic steroid is | ||
expressly intended for and lawfully allowed to be
administered | ||
through implants to livestock or other nonhuman species, and
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which is approved by the Secretary of Health and Human Services | ||
for such
administration, and which the person intends to | ||
administer or have
administered through such implants, shall | ||
not be considered to be in
unauthorized possession or to | ||
unlawfully manufacture, distribute, dispense,
deliver, or | ||
possess with intent to deliver such anabolic steroid for
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purposes of this Act.
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(d) "Administration" means the Drug Enforcement | ||
Administration,
United States Department of Justice, or its | ||
successor agency.
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(e) "Control" means to add a drug or other substance, or | ||
immediate
precursor, to a Schedule under Article II of this Act | ||
whether by
transfer from another Schedule or otherwise.
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(f) "Controlled Substance" means a drug, substance, or | ||
immediate
precursor in the Schedules of Article II of this Act.
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(g) "Counterfeit substance" means a controlled substance, | ||
which, or
the container or labeling of which, without | ||
authorization bears the
trademark, trade name, or other | ||
identifying mark, imprint, number or
device, or any likeness | ||
thereof, of a manufacturer, distributor, or
dispenser other | ||
than the person who in fact manufactured, distributed,
or | ||
dispensed the substance.
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(h) "Deliver" or "delivery" means the actual, constructive | ||
or
attempted transfer of possession of a controlled substance, | ||
with or
without consideration, whether or not there is an | ||
agency relationship.
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(i) "Department" means the Illinois Department of Human | ||
Services (as
successor to the Department of Alcoholism and | ||
Substance Abuse) or its successor agency.
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(j) "Department of State Police" means the Department of | ||
State
Police of the State of Illinois or its successor agency.
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(k) "Department of Corrections" means the Department of | ||
Corrections
of the State of Illinois or its successor agency.
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(l) "Department of Professional Regulation" means the | ||
Department
of Professional Regulation of the State of Illinois | ||
or its successor agency.
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(m) "Depressant" or "stimulant substance" means:
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(1) a drug which contains any quantity of (i) | ||
barbituric acid or
any of the salts of barbituric acid | ||
which has been designated as habit
forming under section | ||
502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||
U.S.C. 352 (d)); or
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(2) a drug which contains any quantity of (i) | ||
amphetamine or
methamphetamine and any of their optical | ||
isomers; (ii) any salt of
amphetamine or methamphetamine or | ||
any salt of an optical isomer of
amphetamine; or (iii) any | ||
substance which the Department, after
investigation, has | ||
found to be, and by rule designated as, habit forming
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because of its depressant or stimulant effect on the | ||
central nervous
system; or
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(3) lysergic acid diethylamide; or
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(4) any drug which contains any quantity of a substance | ||
which the
Department, after investigation, has found to | ||
have, and by rule
designated as having, a potential for | ||
abuse because of its depressant or
stimulant effect on the | ||
central nervous system or its hallucinogenic
effect.
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(n) (Blank).
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(o) "Director" means the Director of the Department of | ||
State Police or
the Department of Professional Regulation or | ||
his designated agents.
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(p) "Dispense" means to deliver a controlled substance to | ||
an
ultimate user or research subject by or pursuant to the | ||
lawful order of
a prescriber, including the prescribing, | ||
administering, packaging,
labeling, or compounding necessary | ||
to prepare the substance for that
delivery.
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(q) "Dispenser" means a practitioner who dispenses.
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(r) "Distribute" means to deliver, other than by | ||
administering or
dispensing, a controlled substance.
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(s) "Distributor" means a person who distributes.
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(t) "Drug" means (1) substances recognized as drugs in the | ||
official
United States Pharmacopoeia, Official Homeopathic | ||
Pharmacopoeia of the
United States, or official National | ||
Formulary, or any supplement to any
of them; (2) substances | ||
intended for use in diagnosis, cure, mitigation,
treatment, or | ||
prevention of disease in man or animals; (3) substances
(other | ||
than food) intended to affect the structure of any function of
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the body of man or animals and (4) substances intended for use | ||
as a
component of any article specified in clause (1), (2), or | ||
(3) of this
subsection. It does not include devices or their | ||
components, parts, or
accessories.
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(t-5) "Euthanasia agency" means
an entity certified by the | ||
Department of Professional Regulation for the
purpose of animal | ||
euthanasia that holds an animal control facility license or
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animal
shelter license under the Animal Welfare Act. A | ||
euthanasia agency is
authorized to purchase, store, possess, | ||
and utilize Schedule II nonnarcotic and
Schedule III | ||
nonnarcotic drugs for the sole purpose of animal euthanasia.
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(t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||
substances
(nonnarcotic controlled substances) that are used | ||
by a euthanasia agency for
the purpose of animal euthanasia.
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(u) "Good faith" means the prescribing or dispensing of a | ||
controlled
substance by a practitioner in the regular course of | ||
professional
treatment to or for any person who is under his | ||
treatment for a
pathology or condition other than that | ||
individual's physical or
psychological dependence upon or | ||
addiction to a controlled substance,
except as provided herein: | ||
and application of the term to a pharmacist
shall mean the | ||
dispensing of a controlled substance pursuant to the
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prescriber's order which in the professional judgment of the | ||
pharmacist
is lawful. The pharmacist shall be guided by | ||
accepted professional
standards including, but not limited to | ||
the following, in making the
judgment:
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(1) lack of consistency of doctor-patient | ||
relationship,
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(2) frequency of prescriptions for same drug by one | ||
prescriber for
large numbers of patients,
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(3) quantities beyond those normally prescribed,
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(4) unusual dosages,
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(5) unusual geographic distances between patient, | ||
pharmacist and
prescriber,
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(6) consistent prescribing of habit-forming drugs.
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(u-1) "Home infusion services" means services provided by a | ||
pharmacy in
compounding solutions for direct administration to | ||
a patient in a private
residence, long-term care facility, or | ||
hospice setting by means of parenteral,
intravenous, | ||
intramuscular, subcutaneous, or intraspinal infusion.
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(v) "Immediate precursor" means a substance:
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(1) which the Department has found to be and by rule | ||
designated as
being a principal compound used, or produced | ||
primarily for use, in the
manufacture of a controlled | ||
substance;
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(2) which is an immediate chemical intermediary used or | ||
likely to
be used in the manufacture of such controlled | ||
substance; and
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(3) the control of which is necessary to prevent, | ||
curtail or limit
the manufacture of such controlled | ||
substance.
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(w) "Instructional activities" means the acts of teaching, | ||
educating
or instructing by practitioners using controlled | ||
substances within
educational facilities approved by the State | ||
Board of Education or
its successor agency.
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(x) "Local authorities" means a duly organized State, | ||
County or
Municipal peace unit or police force.
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(y) "Look-alike substance" means a substance, other than a | ||
controlled
substance which (1) by overall dosage unit | ||
appearance, including shape,
color, size, markings or lack | ||
thereof, taste, consistency, or any other
identifying physical | ||
characteristic of the substance, would lead a reasonable
person | ||
to believe that the substance is a controlled substance, or (2) | ||
is
expressly or impliedly represented to be a controlled | ||
substance or is
distributed under circumstances which would | ||
lead a reasonable person to
believe that the substance is a | ||
controlled substance. For the purpose of
determining whether | ||
the representations made or the circumstances of the
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distribution would lead a reasonable person to believe the | ||
substance to be
a controlled substance under this clause (2) of | ||
subsection (y), the court or
other authority may consider the | ||
following factors in addition to any other
factor that may be | ||
relevant:
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(a) statements made by the owner or person in control | ||
of the substance
concerning its nature, use or effect;
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(b) statements made to the buyer or recipient that the | ||
substance may
be resold for profit;
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(c) whether the substance is packaged in a manner | ||
normally used for the
illegal distribution of controlled | ||
substances;
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(d) whether the distribution or attempted distribution | ||
included an
exchange of or demand for money or other | ||
property as consideration, and
whether the amount of the | ||
consideration was substantially greater than the
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reasonable retail market value of the substance.
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Clause (1) of this subsection (y) shall not apply to a | ||
noncontrolled
substance in its finished dosage form that was | ||
initially introduced into
commerce prior to the initial | ||
introduction into commerce of a controlled
substance in its | ||
finished dosage form which it may substantially resemble.
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Nothing in this subsection (y) prohibits the dispensing or | ||
distributing
of noncontrolled substances by persons authorized | ||
to dispense and
distribute controlled substances under this | ||
Act, provided that such action
would be deemed to be carried | ||
out in good faith under subsection (u) if the
substances | ||
involved were controlled substances.
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Nothing in this subsection (y) or in this Act prohibits the | ||
manufacture,
preparation, propagation, compounding, | ||
processing, packaging, advertising
or distribution of a drug or | ||
drugs by any person registered pursuant to
Section 510 of the | ||
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
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(y-1) "Mail-order pharmacy" means a pharmacy that is | ||
located in a state
of the United States, other than Illinois, | ||
that delivers, dispenses or
distributes, through the United | ||
States Postal Service or other common
carrier, to Illinois | ||
residents, any substance which requires a prescription.
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(z) "Manufacture" means the production, preparation, | ||
propagation,
compounding, conversion or processing of a | ||
controlled substance other than methamphetamine, either
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directly or indirectly, by extraction from substances of | ||
natural origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis, and includes any packaging or
repackaging of the | ||
substance or labeling of its container, except that
this term | ||
does not include:
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(1) by an ultimate user, the preparation or compounding | ||
of a
controlled substance for his own use; or
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(2) by a practitioner, or his authorized agent under | ||
his
supervision, the preparation, compounding, packaging, | ||
or labeling of a
controlled substance:
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(a) as an incident to his administering or | ||
dispensing of a
controlled substance in the course of | ||
his professional practice; or
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(b) as an incident to lawful research, teaching or | ||
chemical
analysis and not for sale.
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(z-1) (Blank).
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(aa) "Narcotic drug" means any of the following, whether | ||
produced
directly or indirectly by extraction from substances | ||
of natural origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis:
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(1) opium and opiate, and any salt, compound, | ||
derivative, or
preparation of opium or opiate;
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(2) any salt, compound, isomer, derivative, or | ||
preparation thereof
which is chemically equivalent or | ||
identical with any of the substances
referred to in clause | ||
(1), but not including the isoquinoline alkaloids
of opium;
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(3) opium poppy and poppy straw;
| ||
(4) coca leaves and any salts, compound, isomer, salt | ||
of an isomer,
derivative, or preparation of coca leaves | ||
including cocaine or ecgonine,
and any salt, compound, | ||
isomer, derivative, or preparation thereof which is
| ||
chemically equivalent or identical with any of these | ||
substances, but not
including decocainized coca leaves or | ||
extractions of coca leaves which do
not contain cocaine or | ||
ecgonine (for the purpose of this paragraph, the
term | ||
"isomer" includes optical, positional and geometric | ||
isomers).
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(bb) "Nurse" means a registered nurse licensed under the
| ||
Nursing and Advanced Practice Nursing Act.
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(cc) (Blank).
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(dd) "Opiate" means any substance having an addiction | ||
forming or
addiction sustaining liability similar to morphine | ||
or being capable of
conversion into a drug having addiction | ||
forming or addiction sustaining
liability.
| ||
(ee) "Opium poppy" means the plant of the species Papaver
| ||
somniferum L., except its seeds.
| ||
(ff) "Parole and Pardon Board" means the Parole and Pardon | ||
Board of
the State of Illinois or its successor agency.
| ||
(gg) "Person" means any individual, corporation, | ||
mail-order pharmacy,
government or governmental subdivision or | ||
agency, business trust, estate,
trust, partnership or | ||
association, or any other entity.
| ||
(hh) "Pharmacist" means any person who holds a certificate | ||
of
registration as a registered pharmacist, a local registered | ||
pharmacist
or a registered assistant pharmacist under the | ||
Pharmacy Practice Act of 1987.
| ||
(ii) "Pharmacy" means any store, ship or other place in | ||
which
pharmacy is authorized to be practiced under the Pharmacy | ||
Practice Act of 1987.
| ||
(jj) "Poppy straw" means all parts, except the seeds, of | ||
the opium
poppy, after mowing.
| ||
(kk) "Practitioner" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist,
| ||
podiatrist,
veterinarian, scientific investigator, pharmacist, | ||
physician assistant,
advanced practice nurse,
licensed | ||
practical
nurse, registered nurse, hospital, laboratory, or | ||
pharmacy, or other
person licensed, registered, or otherwise | ||
lawfully permitted by the
United States or this State to | ||
distribute, dispense, conduct research
with respect to, | ||
administer or use in teaching or chemical analysis, a
| ||
controlled substance in the course of professional practice or | ||
research.
| ||
(ll) "Pre-printed prescription" means a written | ||
prescription upon which
the designated drug has been indicated | ||
prior to the time of issuance.
| ||
(mm) "Prescriber" means a physician licensed to practice | ||
medicine in all
its branches, dentist, optometrist, podiatrist | ||
or
veterinarian who issues a prescription, a physician | ||
assistant who
issues a
prescription for a Schedule III, IV, or | ||
V controlled substance
in accordance
with Section 303.05 and | ||
the written guidelines required under Section 7.5
of the
| ||
Physician Assistant Practice Act of 1987, or an advanced | ||
practice
nurse with prescriptive authority in accordance with | ||
Section 303.05
and a written
collaborative agreement under | ||
Sections 15-15 and 15-20 of
the Nursing and Advanced Practice | ||
Nursing Act.
| ||
(nn) "Prescription" means a lawful written, facsimile, or | ||
verbal order
of
a physician licensed to practice medicine in | ||
all its branches,
dentist, podiatrist or veterinarian for any | ||
controlled
substance, of an optometrist for a Schedule III, IV, | ||
or V controlled substance in accordance with Section 15.1 of | ||
the Illinois Optometric Practice Act of 1987, of a physician | ||
assistant for a Schedule III, IV, or V
controlled substance
in | ||
accordance with Section 303.05 and the written guidelines | ||
required under
Section 7.5 of the
Physician Assistant Practice | ||
Act of 1987, or of an advanced practice
nurse who issues a | ||
prescription for a Schedule III, IV, or V
controlled substance | ||
in accordance
with
Section 303.05 and a written collaborative | ||
agreement under Sections 15-15
and
15-20 of the Nursing and | ||
Advanced Practice Nursing Act.
| ||
(oo) "Production" or "produce" means manufacture, | ||
planting,
cultivating, growing, or harvesting of a controlled | ||
substance other than methamphetamine.
| ||
(pp) "Registrant" means every person who is required to | ||
register
under Section 302 of this Act.
| ||
(qq) "Registry number" means the number assigned to each | ||
person
authorized to handle controlled substances under the | ||
laws of the United
States and of this State.
| ||
(rr) "State" includes the State of Illinois and any state, | ||
district,
commonwealth, territory, insular possession thereof, | ||
and any area
subject to the legal authority of the United | ||
States of America.
| ||
(ss) "Ultimate user" means a person who lawfully possesses | ||
a
controlled substance for his own use or for the use of a | ||
member of his
household or for administering to an animal owned | ||
by him or by a member
of his household.
| ||
(Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; | ||
94-556, eff. 9-11-05.)
| ||
(720 ILCS 570/103) (from Ch. 56 1/2, par. 1103)
| ||
Sec. 103. Scope of Act. Nothing in this Act limits the | ||
lawful authority
granted by the
Medical Practice Act of 1987, | ||
the Nursing and Advanced Practice
Nursing Act, the Illinois | ||
Optometric Practice Act of 1987, or
the Pharmacy Practice Act | ||
of 1987.
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(Source: P.A. 90-742, eff. 8-13-98.)
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