HB 1014 — NURSE PRAC-PRESCRIPTIVE AUTH

HB1014 EngrossedEnrolled LRB096 04500 ASK 14555 b AN ACT concerning regulation.

HB1014 EngrossedEnrolled - 2 - LRB096 04500 ASK 14555 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.

HB1014 EngrossedEnrolled - 3 - LRB096 04500 ASK 14555 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:

HB1014 EngrossedEnrolled - 4 - LRB096 04500 ASK 14555 b (A) the time during which he or she was licensed in each state, including the date of the original issuance of each license;

(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 HB1014 EngrossedEnrolled - 5 - LRB096 04500 ASK 14555 b and after the effective date of this amendatory Act of the 95th General Assembly upon the expiration of that license.

Medication orders shall be reviewed periodically by the collaborating physician or HB1014 EngrossedEnrolled - 6 - LRB096 04500 ASK 14555 b podiatrist.

(e) Nothing in this Act shall be construed to limit the HB1014 EngrossedEnrolled - 7 - LRB096 04500 ASK 14555 b delegation of tasks or duties by a physician to a licensed practical nurse, a registered professional nurse, or other persons.

(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 HB1014 EngrossedEnrolled - 8 - LRB096 04500 ASK 14555 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;

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" HB1014 EngrossedEnrolled - 9 - LRB096 04500 ASK 14555 b printed thereon in prominent type and the name of a readily obtainable antidote with directions for its administration;

As used in this Act, unless the HB1014 EngrossedEnrolled - 10 - LRB096 04500 ASK 14555 b context otherwise requires:

HB1014 EngrossedEnrolled - 11 - LRB096 04500 ASK 14555 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, HB1014 EngrossedEnrolled - 12 - LRB096 04500 ASK 14555 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.

(g) "Counterfeit substance" means a controlled substance, HB1014 EngrossedEnrolled - 13 - LRB096 04500 ASK 14555 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.

or HB1014 EngrossedEnrolled - 14 - LRB096 04500 ASK 14555 b (2) a drug which contains any quantity of (i) amphetamine or methamphetamine and any of their optical isomers;

HB1014 EngrossedEnrolled - 15 - LRB096 04500 ASK 14555 b (s) "Distributor" means a person who distributes.

(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 HB1014 EngrossedEnrolled - 16 - LRB096 04500 ASK 14555 b individual's physical or psychological dependence upon or addiction to a controlled substance, except as provided herein:

(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 HB1014 EngrossedEnrolled - 17 - LRB096 04500 ASK 14555 b 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 HB1014 EngrossedEnrolled - 18 - LRB096 04500 ASK 14555 b subsection (y), the court or other authority may consider the following factors in addition to any other factor that may be relevant:

HB1014 EngrossedEnrolled - 19 - LRB096 04500 ASK 14555 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.

(a) as an incident to his administering or dispensing of a controlled substance in the course of HB1014 EngrossedEnrolled - 20 - LRB096 04500 ASK 14555 b his professional practice;

HB1014 EngrossedEnrolled - 21 - LRB096 04500 ASK 14555 b (bb) "Nurse" means a registered nurse licensed under the Nurse Practice Act.

(kk) "Practitioner" means a physician licensed to practice medicine in all its branches, dentist, optometrist, HB1014 EngrossedEnrolled - 22 - LRB096 04500 ASK 14555 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.

(nn) "Prescription" means a lawful written, facsimile, or verbal order of a physician licensed to practice medicine in HB1014 EngrossedEnrolled - 23 - LRB096 04500 ASK 14555 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.

(ss) "Ultimate user" means a person who lawfully possesses HB1014 EngrossedEnrolled - 24 - LRB096 04500 ASK 14555 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.

and (B) the physician assistant or advanced practice nurse has completed the appropriate application forms HB1014 EngrossedEnrolled - 25 - LRB096 04500 ASK 14555 b and has paid the required fees as set by rule;

(iv) the advanced practice nurse must discuss HB1014 EngrossedEnrolled - 26 - LRB096 04500 ASK 14555 b the condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician;