Illinois 96th Regular Session Status: Enacted

SB 1371 — NURSE PRAC-PRESCRIPTIVE AUTH

Last action — Public Act . . . . . . . . . 96-0873

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2009. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    0 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Nurse Practice Act, the Pharmacy Practice Act, and the Illinois Controlled Substances Act to allow for the delegation of prescriptive authority to an advanced practice nurse by a physician licensed to practice medicine in all its branches or a licensed podiatrist for any Schedule III through V controlled substances (now, Schedule III, III-N, IV, or V controlled substances). In the Illinois Controlled Substances Act, sets forth guidelines for the prescriptive authority delegated to advanced practice nurses as it relates to certain controlled substances, including Schedule II controlled substances. In the Nurse Practice Act, provides for the licensure of a registered professional nurse as a certified registered nurse anesthetist who does not have the required graduate degree, provided that he or she meets certain other requirements. Provides for the licensure of an advanced practice nurse as a certified registered nurse anesthetist who does not have the required graduate degree, provided that he or she applies for licensure before July 1, 2018, and submits certain information to the Department required for licensure. Effective immediately.

Bill Text

What changed in the latest version

120 added · 689 removed

Plain-language change summary

The amended version of SB 1371 includes new definitions and clarifications regarding what constitutes a "physical fitness facility," specifically detailing various types of facilities under the supervision of local government or educational institutions. Additionally, the amendments remove extensive discussions related to advanced practice nurse licensure qualifications, simplifying the focus of the bill. These changes are important because they aim to improve safety protocols at fitness facilities while streamlining the legislative text, making it easier to understand and implement.

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SB1371 Engrossed LRB096 10807 ASK 21022 b AN ACT concerning regulation.
SB1371 Enrolled LRB096 10807 ASK 21022 b AN ACT concerning regulation.
The Nurse Practice Act is amended by changing Sections 65-5 and 65-40 as follows:
The Physical Fitness Facility Medical Emergency Preparedness Act is amended by changing Sections 5.25 and 15 as follows:
(225 ILCS 65/65-5) (was 225 ILCS 65/15-10) (Section scheduled to be repealed on January 1, 2018) Sec.
(210 ILCS 74/5.25) Sec.
65-5.
5.25.
Qualifications for APN licensure.
Physical fitness facility.
(a) Each applicant who successfully meets the requirements of this Section shall be entitled to licensure as an advanced practice nurse.
(a) "Physical fitness facility" means the following:
(b) An applicant for licensure to practice as an advanced practice nurse must do each of the following:
(1) Any of the following indoor or outdoor facilities that is (i) owned or operated by a park district, municipality, or other unit of local government, including a home rule unit, or by a public or private elementary or secondary school, college, university, or technical or trade school and (ii) supervised by one or more persons, other than maintenance or security personnel, employed by the unit of local government, school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any of these indoor facilities:
(1) Submit a completed application and any fees as established by the Department.
a swimming pool;
(2) Hold a current license to practice as a registered professional nurse under this Act.
stadium;
(3) Have successfully completed requirements to practice as, and holds a current, national certification as, a nurse midwife, clinical nurse specialist, nurse practitioner, or certified registered nurse anesthetist from the appropriate national certifying body as determined by rule of the Department.
athletic field;
SB1371 Engrossed - 2 - LRB096 10807 ASK 21022 b (4) Have obtained a graduate degree appropriate for national certification in a clinical advanced practice nursing specialty or a graduate degree or post-master's certificate from a graduate level program in a clinical advanced practice nursing specialty.
football stadium;
(5) Have not violated the provisions of this Act concerning the grounds for disciplinary action.
soccer field;
The Department may take into consideration any felony conviction of the applicant, but such a conviction may not operate as an absolute bar to licensure.
baseball diamond;
(6) Submit to the criminal history records check required under Section 50-35 of this Act.
track and field facility;
(b-5) A registered professional nurse seeking licensure as an advanced practice nurse in the category of certified registered nurse anesthetist who does not have a graduate degree as described in subsection (b) of this Section shall be qualified for licensure if that person:
tennis court;
(1) submits evidence of having successfully completed a nurse anesthesia program described in item (4) of subsection (b) of this Section prior to January 1, 1999;
basketball court;
(2) submits evidence of certification as a registered nurse anesthetist by an appropriate national certifying body;
or volleyball court;
and (3) has continually maintained active, up-to-date recertification status as a certified registered nurse anesthetist by an appropriate national recertifying body.
or similar facility as defined by SB1371 Enrolled - 2 - LRB096 10807 ASK 21022 b Department rule;
SB1371 Engrossed - 3 - LRB096 10807 ASK 21022 b (b-10) The Department shall issue a certified registered nurse anesthetist license to an APN who (i) does not have a graduate degree, (ii) applies for licensure before July 1, 2018, and (iii) submits all of the following to the Department:
or such facilities located adjacent thereto.
(1) His or her current State registered nurse license number.
(1.5) Any of the following outdoor facilities that is (i) owned by a municipality, township, or other unit of local government, including a home rule unit, or by a public or private elementary or secondary school, college, university, or technical or trade school and (ii) supervised by one or more persons, other than maintenance or security personnel, employed by the unit of local government, school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any of these facilities:
(2) Proof of current national certification, which includes the completion of an examination from either of the following:
a swimming pool;
(A) the Council on Certification of the American Association of Nurse Anesthetists;
athletic field;
or (B) the Council on Recertification of the American Association of Nurse Anesthetists.
football stadium;
(3) Proof of the successful completion of a post-basic advanced practice formal education program in the area of nurse anesthesia prior to January 1, 1999.
soccer field;
(4) His or her complete work history for the 5-year period immediately preceding the date of his or her application.
baseball diamond;
(5) Verification of licensure as an advanced practice nurse from the state in which he or she was originally licensed, current state of licensure, and any other state in which he or she has been actively practicing as an advanced practice nurse within the 5-year period immediately preceding the date of his or her application.
track and field facility;
If applicable, this verification must state:
tennis court;
SB1371 Engrossed - 4 - LRB096 10807 ASK 21022 b (A) the time during which he or she was licensed in each state, including the date of the original issuance of each license;
basketball court;
and (B) any disciplinary action taken or pending concerning any nursing license held, currently or in the past, by the applicant.
or volleyball court;
(6) The required fee.
or similar facility as defined by Department rule.
(c) Those applicants seeking licensure in more than one advanced practice nursing specialty need not possess multiple graduate degrees.
The term does not include any facility during any activity or program organized by a private or not-for-profit organization and organized and supervised by a person or persons other than the employees of the unit of local government, school, college, or university.
Applicants may be eligible for licenses for multiple advanced practice nurse licensure specialties, provided that the applicant (i) has met the requirements for at least one advanced practice nursing specialty under paragraphs (3) and (5) of subsection (a) of this Section, (ii) possesses an additional graduate education that results in a certificate for another clinical advanced practice nurse specialty and that meets the requirements for the national certification from the appropriate nursing specialty, and (iii) holds a current national certification from the appropriate national certifying body for that additional advanced practice nursing specialty.
(2) Except as provided in subsection (b), any other indoor or outdoor establishment, whether public or private, that provides services or facilities focusing primarily on cardiovascular exertion or gaming as defined by Department rule.
(d) Any person who holds a valid license as an advanced practice nurse issued under this Act as this Act existed before the effective date of this amendatory Act of the 95th General Assembly shall be subject only to the advanced practice nurse license renewal requirements of this Act as this Act exists on SB1371 Engrossed - 5 - LRB096 10807 ASK 21022 b and after the effective date of this amendatory Act of the 95th General Assembly upon the expiration of that license.
SB1371 Enrolled - 3 - LRB096 10807 ASK 21022 b (b) "Physical fitness facility" does not include a facility serving less than a total of 100 individuals.
For purposes of this Act, "individuals" includes only those persons actively engaged in physical exercise that uses large muscle groups and that substantially increases the heart rate.
, as further defined by Department rule.
In addition, the term does not include (i) a facility located in a hospital or in a hotel or motel, (ii) any outdoor facility owned or operated by a park district organized under the Park District Code, the Chicago Park District Act, or the Metro-East Park and Recreation District Act, or (iii) any facility owned or operated by a forest preserve district organized under the Downstate Forest Preserve District Act or the Cook County Forest Preserve District Act or a conservation district organized under the Conservation District Act.
The term also does not include any facility that does not employ any persons to provide instruction, training, or assistance for persons using the facility.
94-348, eff.
95-712, eff.
7-28-05;
1-1-09.) (210 ILCS 74/15) Sec.
95-639, eff.
15.
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10-5-07.) (225 ILCS 65/65-40) (was 225 ILCS 65/15-20) (Section scheduled to be repealed on January 1, 2018) Sec.
Automated external defibrillator required.
65-40.
(a) By the dates specified in Section 50, every physical fitness facility must have at least one AED on the facility premises.
Prescriptive authority.
The Department shall adopt rules to ensure coordination with local emergency medical services systems SB1371 Enrolled - 4 - LRB096 10807 ASK 21022 b regarding the placement and use of AEDs in physical fitness facilities.
(a) A collaborating physician or podiatrist may, but is not required to, delegate prescriptive authority to an advanced practice nurse as part of a written collaborative agreement.
The Department may adopt rules requiring a facility to have more than one AED on the premises, based on factors that include the following:
This authority may, but is not required to, include prescription of, selection of, orders for, administration of, storage of, acceptance of samples of, and dispensing over the counter medications, legend drugs, medical gases, and controlled substances categorized as any Schedule III through, III-N, IV, or V controlled substances, as defined in Article II of the Illinois Controlled Substances Act, and other preparations, including, but not limited to, botanical and herbal remedies.
(1) The size of the area or the number of buildings or floors occupied by the facility.
The collaborating physician or podiatrist must have a valid current Illinois controlled substance license and federal registration to delegate authority to prescribe delegated controlled substances.
(2) The number of persons using the facility, excluding spectators.
(b) To prescribe controlled substances under this Section, an advanced practice nurse must obtain a mid-level practitioner controlled substance license.
(b) A physical fitness facility must ensure that there is a trained AED user on staff during staffed business hours.
Medication orders shall be reviewed periodically by the collaborating physician or SB1371 Engrossed - 6 - LRB096 10807 ASK 21022 b podiatrist.
For purposes of this Act, "trained AED user" has the meaning ascribed to that term in Section 10 of the Automated External Defibrillator Act.
(c) The collaborating physician or podiatrist shall file with the Department notice of delegation of prescriptive authority and termination of such delegation, in accordance with rules of the Department.
(b-5) The Department shall adopt rules that encourage any non-employee coach, non-employee instructor, or other similarly situated non-employee anticipated rescuer who uses a physical fitness facility in conjunction with the supervision of physical fitness activities to complete a course of instruction that would qualify such a person as a trained AED user, as defined in Section 10 of the Automated External Defibrillator Act.
Upon receipt of this notice delegating authority to prescribe any Schedule III through, III-N, IV, or V controlled substances, the licensed advanced practice nurse shall be eligible to register for a mid-level practitioner controlled substance license under Section 303.05 of the Illinois Controlled Substances Act.
(b-10) In the case of an outdoor physical fitness facility, the AED must be housed in a building, if any, that is within 300 feet of the outdoor facility where an event or activity is being conducted.
(d) In addition to the requirements of subsections (a), (b), and (c) of this Section, a collaborating physician may, but is not required to, delegate authority to an advanced practice nurse to prescribe any Schedule II or II-N controlled substances, if all of the following conditions apply:
If there is such a building within the required distance, the building must provide unimpeded and open SB1371 Enrolled - 5 - LRB096 10807 ASK 21022 b access to the housed AED, and the building's entrances shall further provide marked directions to the housed AED.
(1) No more than 5 Schedule II or II-N controlled substances by oral dosage may be delegated.
If there is no such building, the person responsible for supervising the activity at the outdoor physical fitness facility shall ensure that an AED is available at the outdoor facility during the time that the event or activity at the facility is being conducted.
(2) Any delegation must be controlled substances that the collaborating physician prescribes.
(b-15) Facilities described in paragraph (1.5) of Section 5.25 must have an AED on site as well as a trained AED user available only during activities or events sponsored and conducted or supervised by a person or persons employed by the unit of local government, school, college, or university.
(3) Any prescription must be limited to no more than a 30-day oral dosage, with any continuation authorized only after prior approval of the collaborating physician.
(c) Every physical fitness facility must ensure that every AED on the facility's premises is properly tested and maintained in accordance with rules adopted by the Department.
(4) The advanced practice nurse must discuss the condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician.
(e) Nothing in this Act shall be construed to limit the SB1371 Engrossed - 7 - LRB096 10807 ASK 21022 b delegation of tasks or duties by a physician to a licensed practical nurse, a registered professional nurse, or other persons.
95-639, eff.
95-712, eff.
10-5-07.) Section 10.
1-1-09;
The Pharmacy Practice Act is amended by changing Section 4 as follows:
96-748, eff.
(225 ILCS 85/4) (from Ch.
1-1-10.) Section 99.
111, par.
4124) (Section scheduled to be repealed on January 1, 2018) Sec.
4.
Exemptions.
Nothing contained in any Section of this Act shall apply to, or in any manner interfere with:
(a) the lawful practice of any physician licensed to practice medicine in all of its branches, dentist, podiatrist, veterinarian, or therapeutically or diagnostically certified optometrist within the limits of his or her license, or prevent him or her from supplying to his or her bona fide patients such drugs, medicines, or poisons as may seem to him appropriate;
(b) the sale of compressed gases;
(c) the sale of patent or proprietary medicines and household remedies when sold in original and unbroken packages only, if such patent or proprietary medicines and household remedies be properly and adequately labeled as to content and usage and generally considered and accepted as harmless and nonpoisonous when used according to the directions on the label, and also do not contain opium or coca leaves, or any SB1371 Engrossed - 8 - LRB096 10807 ASK 21022 b compound, salt or derivative thereof, or any drug which, according to the latest editions of the following authoritative pharmaceutical treatises and standards, namely, The United States Pharmacopoeia/National Formulary (USP/NF), the United States Dispensatory, and the Accepted Dental Remedies of the Council of Dental Therapeutics of the American Dental Association or any or either of them, in use on the effective date of this Act, or according to the existing provisions of the Federal Food, Drug, and Cosmetic Act and Regulations of the Department of Health and Human Services, Food and Drug Administration, promulgated thereunder now in effect, is designated, described or considered as a narcotic, hypnotic, habit forming, dangerous, or poisonous drug;
(d) the sale of poultry and livestock remedies in original and unbroken packages only, labeled for poultry and livestock medication;
(e) the sale of poisonous substances or mixture of poisonous substances, in unbroken packages, for nonmedicinal use in the arts or industries or for insecticide purposes;
provided, they are properly and adequately labeled as to content and such nonmedicinal usage, in conformity with the provisions of all applicable federal, state and local laws and regulations promulgated thereunder now in effect relating thereto and governing the same, and those which are required under such applicable laws and regulations to be labeled with the word "Poison", are also labeled with the word "Poison" SB1371 Engrossed - 9 - LRB096 10807 ASK 21022 b printed thereon in prominent type and the name of a readily obtainable antidote with directions for its administration;
(f) the delegation of limited prescriptive authority by a physician licensed to practice medicine in all its branches to a physician assistant under Section 7.5 of the Physician Assistant Practice Act of 1987.
This delegated authority under Section 7.5 of the Physician Assistant Practice Act of 1987 may but is not required to include prescription of controlled substances, as defined in Article II of the Illinois Controlled Substances Act, in accordance with written guidelines;
and (g) The delegation of prescriptive authority by a physician licensed to practice medicine in all its branches or a licensed podiatrist to an advanced practice nurse in accordance with a written collaborative agreement under Sections Section 65-35 and 65-40 of the Nurse Practice Act.
This authority, which is delegated under Section 65-40 of the Nurse Practice Act, may but is not required to include the prescription of Schedule III, IV, or V controlled substances as defined in Article II of the Illinois Controlled Substances Act.
(Source:
P.A.
95-639, eff.
10-5-07.) Section 15.
The Illinois Controlled Substances Act is amended by changing Sections 102 and 303.05 as follows:
(720 ILCS 570/102) (from Ch.
56 1/2, par.
1102) Sec.
102.
Definitions.
As used in this Act, unless the SB1371 Engrossed - 10 - LRB096 10807 ASK 21022 b context otherwise requires:
(a) "Addict" means any person who habitually uses any drug, chemical, substance or dangerous drug other than alcohol so as to endanger the public morals, health, safety or welfare or who is so far addicted to the use of a dangerous drug or controlled substance other than alcohol as to have lost the power of self control with reference to his addiction.
(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:
(1) a practitioner (or, in his presence, by his authorized agent), (2) the patient or research subject at the lawful direction of the practitioner, or (3) a euthanasia technician as defined by the Humane Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.
It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes:
SB1371 Engrossed - 11 - LRB096 10807 ASK 21022 b (i) boldenone, (ii) chlorotestosterone, (iii) chostebol, (iv) dehydrochlormethyltestosterone, (v) dihydrotestosterone, (vi) drostanolone, (vii) ethylestrenol, (viii) fluoxymesterone, (ix) formebulone, (x) mesterolone, (xi) methandienone, (xii) methandranone, (xiii) methandriol, (xiv) methandrostenolone, (xv) methenolone, (xvi) methyltestosterone, (xvii) mibolerone, (xviii) nandrolone, (xix) norethandrolone, (xx) oxandrolone, (xxi) oxymesterone, (xxii) oxymetholone, (xxiii) stanolone, (xxiv) stanozolol, (xxv) testolactone, (xxvi) testosterone, SB1371 Engrossed - 12 - LRB096 10807 ASK 21022 b (xxvii) trenbolone, and (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.
Any person who is otherwise lawfully in possession of an anabolic steroid, or who otherwise lawfully manufactures, distributes, dispenses, delivers, or possesses with intent to deliver an anabolic steroid, which anabolic steroid is expressly intended for and lawfully allowed to be administered through implants to livestock or other nonhuman species, and which is approved by the Secretary of Health and Human Services for such administration, and which the person intends to administer or have administered through such implants, shall not be considered to be in unauthorized possession or to unlawfully manufacture, distribute, dispense, deliver, or possess with intent to deliver such anabolic steroid for purposes of this Act.
(d) "Administration" means the Drug Enforcement Administration, United States Department of Justice, or its successor agency.
(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.
(f) "Controlled Substance" means a drug, substance, or immediate precursor in the Schedules of Article II of this Act.
(g) "Counterfeit substance" means a controlled substance, SB1371 Engrossed - 13 - LRB096 10807 ASK 21022 b which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of a controlled substance, with or without consideration, whether or not there is an agency relationship.
(i) "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency.
(j) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency.
(k) "Department of Corrections" means the Department of Corrections of the State of Illinois or its successor agency.
(l) "Department of Professional Regulation" means the Department of Professional Regulation of the State of Illinois or its successor agency.
(m) "Depressant" or "stimulant substance" means:
(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 SB1371 Engrossed - 14 - LRB096 10807 ASK 21022 b (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 because of its depressant or stimulant effect on the central nervous system;
or (3) lysergic acid diethylamide;
or (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.
(n) (Blank).
(o) "Director" means the Director of the Department of State Police or the Department of Professional Regulation or his designated agents.
(p) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a prescriber, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by administering or dispensing, a controlled substance.
SB1371 Engrossed - 15 - LRB096 10807 ASK 21022 b (s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
(2) substances intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
(3) substances (other than food) intended to affect the structure of any function of the body of man or animals and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection.
It does not include devices or their components, parts, or accessories.
(t-5) "Euthanasia agency" means an entity certified by the Department of Professional Regulation for the purpose of animal euthanasia that holds an animal control facility license or animal shelter license under the Animal Welfare Act.
A euthanasia agency is authorized to purchase, store, possess, and utilize Schedule II nonnarcotic and Schedule III nonnarcotic drugs for the sole purpose of animal euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule III substances (nonnarcotic controlled substances) that are used by a euthanasia agency for the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a controlled substance by a practitioner in the regular course of professional treatment to or for any person who is under his treatment for a pathology or condition other than that SB1371 Engrossed - 16 - LRB096 10807 ASK 21022 b individual's physical or psychological dependence upon or addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the dispensing of a controlled substance pursuant to the prescriber's order which in the professional judgment of the pharmacist is lawful.
The pharmacist shall be guided by accepted professional standards including, but not limited to the following, in making the judgment:
(1) lack of consistency of doctor-patient relationship, (2) frequency of prescriptions for same drug by one prescriber for large numbers of patients, (3) quantities beyond those normally prescribed, (4) unusual dosages, (5) unusual geographic distances between patient, pharmacist and prescriber, (6) consistent prescribing of habit-forming drugs.
(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.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule designated as being a principal compound used, or produced primarily for use, in the manufacture of a controlled SB1371 Engrossed - 17 - LRB096 10807 ASK 21022 b substance;
(2) which is an immediate chemical intermediary used or likely to be used in the manufacture of such controlled substance;
and (3) the control of which is necessary to prevent, curtail or limit the manufacture of such controlled substance.
(w) "Instructional activities" means the acts of teaching, educating or instructing by practitioners using controlled substances within educational facilities approved by the State Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State, County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a controlled substance which (1) by overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe that the substance is a controlled substance, or (2) is expressly or impliedly represented to be a controlled substance or is distributed under circumstances which would lead a reasonable person to believe that the substance is a controlled substance.
For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be a controlled substance under this clause (2) of SB1371 Engrossed - 18 - LRB096 10807 ASK 21022 b subsection (y), the court or other authority may consider the following factors in addition to any other factor that may be relevant:
(a) statements made by the owner or person in control of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the substance may be resold for profit;
(c) whether the substance is packaged in a manner normally used for the illegal distribution of controlled substances;
(d) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a noncontrolled substance in its finished dosage form that was initially introduced into commerce prior to the initial introduction into commerce of a controlled substance in its finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or distributing of noncontrolled substances by persons authorized to dispense and distribute controlled substances under this Act, provided that such action would be deemed to be carried out in good faith under subsection (u) if the substances involved were controlled substances.
SB1371 Engrossed - 19 - LRB096 10807 ASK 21022 b 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).
(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.
(z) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance other than methamphetamine, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container, except that this term does not include:
(1) by an ultimate user, the preparation or compounding of a controlled substance for his own use;
or (2) by a practitioner, or his authorized agent under his supervision, the preparation, compounding, packaging, or labeling of a controlled substance:
(a) as an incident to his administering or dispensing of a controlled substance in the course of SB1371 Engrossed - 20 - LRB096 10807 ASK 21022 b his professional practice;
or (b) as an incident to lawful research, teaching or chemical analysis and not for sale.
(z-1) (Blank).
(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:
(1) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
(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;
(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).
SB1371 Engrossed - 21 - LRB096 10807 ASK 21022 b (bb) "Nurse" means a registered nurse licensed under the Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction forming or addiction sustaining liability similar to morphine or being capable of conversion into a drug having addiction forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(ff) "Parole and Pardon Board" means the Parole and Pardon Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation, mail-order pharmacy, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or certificate of registration as a registered pharmacist, a local registered pharmacist or a registered assistant pharmacist under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in which pharmacy is authorized to be practiced under the Pharmacy Practice Act.
(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, SB1371 Engrossed - 22 - LRB096 10807 ASK 21022 b 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 delegated under Section 65-40 of the Nurse Practice Act and in accordance with Section 303.05, a written delegation, and a written collaborative agreement under Section 65-35 of the Nurse Practice Act.
(nn) "Prescription" means a lawful written, facsimile, or verbal order of a physician licensed to practice medicine in SB1371 Engrossed - 23 - LRB096 10807 ASK 21022 b 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 with prescriptive authority delegated under Section 65-40 of the Nurse Practice Act who issues a prescription for a Schedule III, IV, or V controlled substance in accordance with Section 303.05, a written delegation, and a written collaborative agreement under Section 65-35 of the Nurse Practice Act.
(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 SB1371 Engrossed - 24 - LRB096 10807 ASK 21022 b 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.
94-556, eff.
9-11-05;
95-242, eff.
1-1-08;
95-639, eff.
10-5-07;
95-689, eff.
10-29-07;
95-876, eff.
8-21-08.) (720 ILCS 570/303.05) Sec.
303.05.
Mid-level practitioner registration.
(a) The Department of Professional Regulation shall register licensed physician assistants and licensed advanced practice nurses to prescribe and dispense Schedule III, IV, or V controlled substances under Section 303 and euthanasia agencies to purchase, store, or administer animal euthanasia drugs under the following circumstances:
(1) with respect to physician assistants or advanced practice nurses, (A) the physician assistant or advanced practice nurse has been delegated prescriptive authority to prescribe any Schedule III through V controlled substances by a physician licensed to practice medicine in all its branches in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987 or Section 65-40 of the Nurse Practice Act;
and (B) the physician assistant or advanced practice nurse has completed the appropriate application forms SB1371 Engrossed - 25 - LRB096 10807 ASK 21022 b and has paid the required fees as set by rule;
or (2) with respect to advanced practice nurses, (A) the advanced practice nurse has been delegated authority to prescribe any Schedule III through V controlled substances by a physician licensed to practice medicine in all its branches or a podiatrist in accordance with Section 65-40 of the Nurse Practice Act.
The advanced practice nurse has completed the appropriate application forms and has paid the required fees as set by rule;
or (B) the advanced practice nurse has been delegated authority by a collaborating physician licensed to practice medicine in all its branches to prescribe or dispense Schedule II controlled substances through a written delegation of authority and under the following conditions:
(i) no more than 5 Schedule II controlled substances by oral dosage may be delegated;
(ii) any delegation must be of controlled substances prescribed by the collaborating physician;
(iii) all prescriptions must be limited to no more than a 30-day oral dosage, with any continuation authorized only after prior approval of the collaborating physician;
(iv) the advanced practice nurse must discuss SB1371 Engrossed - 26 - LRB096 10807 ASK 21022 b the condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician;
and (v) the advanced practice nurse must have completed the appropriate application forms and paid the required fees as set by rule;
or (3) (2) with respect to animal euthanasia agencies, the euthanasia agency has obtained a license from the Department of Professional Regulation and obtained a registration number from the Department.
(b) The mid-level practitioner shall only be licensed to prescribe those schedules of controlled substances for which a licensed physician or licensed podiatrist has delegated prescriptive authority, except that an animal a euthanasia agency does not have any prescriptive authority.
A physician assistant and an advanced practice nurse are prohibited from prescribing medications and controlled substances not set forth in the required written delegation of authority.
(c) Upon completion of all registration requirements, physician assistants, advanced practice nurses, and animal euthanasia agencies shall be issued a mid-level practitioner controlled substances license for Illinois.
(Source:
P.A.
95-639, eff.
10-5-07.) Section 99.
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Action History

  1. Public Act . . . . . . . . . 96-0873

  2. Effective Date January 21, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 059-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Public Health; 008-000-000

  8. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Public Health

  9. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. M. Maggie Crotty

  11. Placed on Calendar Order of Concurrence House Amendment(s) 1 - October 16, 2009

  12. Secretary's Desk - Concurrence House Amendment(s) 1

  13. Added Alternate Co-Sponsor Rep. Susana A. Mendoza

  14. Added Alternate Co-Sponsor Rep. Joseph M. Lyons

  15. Added Alternate Co-Sponsor Rep. JoAnn D. Osmond

  16. Third Reading - Short Debate - Passed 115-000-000

  17. Placed on Calendar Order of 3rd Reading - Short Debate

  18. Held on Calendar Order of Second Reading - Short Debate

  19. Second Reading - Short Debate

  20. Placed on Calendar 2nd Reading - Short Debate

  21. Do Pass as Amended / Short Debate Executive Committee; 011-000-000

  22. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  23. House Committee Amendment No. 1 Filed with Clerk by Executive Committee

  24. Alternate Chief Sponsor Changed to Rep. Daniel J. Burke

  25. Suspend Rule 25 - Prevailed

  26. Moved to Suspend Rule 25 Rep. Barbara Flynn Currie

  27. Assigned to Executive Committee

  28. Final Action Deadline Extended-9(b) November 30, 2009

  29. Rule 19(a) / Re-referred to Rules Committee

  30. Assigned to Executive Committee

  31. Referred to Rules Committee

  32. First Reading

  33. Chief House Sponsor Rep. Dan Reitz

  34. Placed on Calendar Order of First Reading

  35. Arrived in House

  36. Third Reading - Passed; 056-000-000

  37. Added as Chief Co-Sponsor Sen. Edward D. Maloney

  38. Placed on Calendar Order of 3rd Reading March 6, 2009

  39. Second Reading

  40. Placed on Calendar Order of 2nd Reading March 4, 2009

  41. Do Pass Consumer Protection; 009-000-000

  42. Added as Chief Co-Sponsor Sen. Donne E. Trotter

  43. Assigned to Consumer Protection

  44. Referred to Assignments

  45. First Reading

  46. Filed with Secretary by Sen. M. Maggie Crotty

Sponsors

  • M. Maggie Crotty · Cosponsor
  • JoAnn D. Osmond · Cosponsor
  • Joseph M. Lyons · Cosponsor
  • Susana A. Mendoza · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 4 co-sponsors · 179 not signed on

Sponsors (0)

None.

Co-sponsors (4)

  • M. Maggie Crotty
  • JoAnn D. Osmond
  • Joseph M. Lyons
  • Susana A. Mendoza

Not signed on (179)

179 members have not signed on to this bill.

Show all 179 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 49000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Hultgren — Yea
Kotowski — Yea
Demuzio — Yea
Jacobs — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Jones, J. — Yea
McCarter — Yea
Brady — Yea
Sullivan — Yea
Meeks — Yea
Millner — Yea
Muñoz — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Cullerton — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hutchinson — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 100003
Democrat 11000
Republican 4000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Hatcher — Yea
Jakobsson — Yea
Jefferson — Yea
Lang — Yea
Leitch — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Senger — Yea
Sente — Yea
Sommer — Yea
Davis, Monique — Yea
Reitz — Yea
Lyons — Yea
Bradley — Yea
McGuire — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Kosel — Yea
Madigan — Not Voting
Brady — Yea
Mell — Yea
Mendoza — Yea
Moffitt — Yea
Myers — Yea
Sullivan — Yea
Nekritz — Yea
Burke — Yea
Mitchell, Bill — Yea
Osterman — Yea
Phelps — Yea
Mitchell, Jerry — Yea
Pihos — Yea
Gordon, Jehan — Yea
Soto — Yea
Thapedi — Yea
Tryon — Yea
Turner — Yea
Hannig — Yea
Harris — Yea
Verschoore — Yea
Wait — Yea
Watson — Yea
Hernandez — Yea
Washington — Yea
Winters — Yea
Zalewski — Yea
Howard — Yea
Gordon, Careen — Not Voting
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Graham — Yea
Hamos — Yea
Holbrook — Yea
Jackson — Yea
Osmond — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Yarbrough — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
Colvin — Yea
Connelly — Yea
McAsey — Yea
Coulson — Yea
Mulligan — Not Voting
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 46003
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Hultgren — Yea
McCarter — Yea
Schoenberg — Yea
Demuzio — Yea
Jacobs — Yea
Dillard — Yea
Hutchinson — Yea
Kotowski — Yea
Munoz — Yea
Lauzen — Yea
Brady — Yea
Sullivan — Yea
Link — Yea
Maloney — Yea
Meeks — Not Voting
Millner — Yea
Noland — Yea
Radogno — Yea
Silverstein — Yea
Cullerton — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Jones, J. — Not Voting
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Luechtefeld — Not Voting
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

healthcare labor
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Frequently asked questions

What does SB 1371 do?
Amends the Nurse Practice Act, the Pharmacy Practice Act, and the Illinois Controlled Substances Act to allow for the delegation of prescriptive authority to an advanced practice nurse by a physician licensed to practice medicine in all its branches or a licensed podiatrist for any Schedule III through V controlled substances (now, Schedule III, III-N, IV, or V controlled substances). In the Illinois Controlled Substances Act, sets forth guidelines for the prescriptive authority delegated to advanced practice nurses as it relates to certain controlled substances, including Schedule II controlled substances. In the Nurse Practice Act, provides for the licensure of a registered professional nurse as a certified registered nurse anesthetist who does not have the required graduate degree, provided that he or she meets certain other requirements. Provides for the licensure of an advanced practice nurse as a certified registered nurse anesthetist who does not have the required graduate degree, provided that he or she applies for licensure before July 1, 2018, and submits certain information to the Department required for licensure. Effective immediately.
Who sponsors SB 1371?
SB 1371 is sponsored by M. Maggie Crotty, JoAnn D. Osmond, Joseph M. Lyons, and Susana A. Mendoza.
What is the current status of SB 1371?
This bill has been enacted into law. Introduced February 10, 2009. Enacted.
Where can I track SB 1371?
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