HB 2247 — PHYS ASSISTANT-PRESCRIPTIONS

HB2247 EngrossedEnrolled LRB096 07723 ASK 17824 b AN ACT concerning professional regulation.

(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 HB2247 EngrossedEnrolled - 2 - LRB096 07723 ASK 17824 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" HB2247 EngrossedEnrolled - 3 - LRB096 07723 ASK 17824 b printed thereon in prominent type and the name of a readily obtainable antidote with directions for its administration;

4604) HB2247 EngrossedEnrolled - 4 - LRB096 07723 ASK 17824 b (Section scheduled to be repealed on January 1, 2018) Sec.

Delegated tasks or duties shall be HB2247 EngrossedEnrolled - 5 - LRB096 07723 ASK 17824 b consistent with physician assistant education, training, and experience.

The supervising physician maintains the final responsibility HB2247 EngrossedEnrolled - 6 - LRB096 07723 ASK 17824 b for the care of the patient and the performance of the physician assistant.

12-31-07.) HB2247 EngrossedEnrolled - 7 - LRB096 07723 ASK 17824 b (225 ILCS 95/7.5) (Section scheduled to be repealed on January 1, 2018) Sec.

The supervision relationship under a written supervision agreement shall not be construed to require the personal presence of a physician at all times at the place HB2247 EngrossedEnrolled - 8 - LRB096 07723 ASK 17824 b where services are rendered.

This authority may, but is not required to, include prescription of, selection of, HB2247 EngrossedEnrolled - 9 - LRB096 07723 ASK 17824 b 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 Schedule III through 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.

(2) The supervising physician shall file with the Department notice of delegation of prescriptive authority to a physician assistant and termination of delegation, HB2247 EngrossedEnrolled - 10 - LRB096 07723 ASK 17824 b specifying the authority delegated or terminated.

The Department shall establish by rule the minimum HB2247 EngrossedEnrolled - 11 - LRB096 07723 ASK 17824 b requirements for written guidelines to be followed under this Section.

HB2247 EngrossedEnrolled - 12 - LRB096 07723 ASK 17824 b (5) Professional incompetence.

(14) Willfully making or filing false records or HB2247 EngrossedEnrolled - 13 - LRB096 07723 ASK 17824 b reports in his or her practice, including but not limited to false records filed with state agencies or departments.

(21) Exceeding the authority delegated to him or her by his or her supervising physician in a written supervision agreement guidelines established by the HB2247 EngrossedEnrolled - 14 - LRB096 07723 ASK 17824 b physician/physician assistant team.

(30) Violating State or federal laws or regulations HB2247 EngrossedEnrolled - 15 - LRB096 07723 ASK 17824 b relating to controlled substances or other legend drugs.

(d) In enforcing this Section, the Department upon a HB2247 EngrossedEnrolled - 16 - LRB096 07723 ASK 17824 b showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department.

or, in lieu of care, counseling, or treatment, the Department may file HB2247 EngrossedEnrolled - 17 - LRB096 07723 ASK 17824 b a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual.

The Illinois Controlled Substances Act is HB2247 EngrossedEnrolled - 18 - LRB096 07723 ASK 17824 b amended by changing Sections 102 and 303.05 as follows:

HB2247 EngrossedEnrolled - 19 - LRB096 07723 ASK 17824 b (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:

(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, HB2247 EngrossedEnrolled - 20 - LRB096 07723 ASK 17824 b (xxiii) stanolone, (xxiv) stanozolol, (xxv) testolactone, (xxvi) testosterone, (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.

(e) "Control" means to add a drug or other substance, or immediate precursor, to a Schedule under Article II of this Act HB2247 EngrossedEnrolled - 21 - LRB096 07723 ASK 17824 b whether by transfer from another Schedule or otherwise.

(1) a drug which contains any quantity of (i) HB2247 EngrossedEnrolled - 22 - LRB096 07723 ASK 17824 b 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.

(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 HB2247 EngrossedEnrolled - 23 - LRB096 07723 ASK 17824 b to prepare the substance for that delivery.

HB2247 EngrossedEnrolled - 24 - LRB096 07723 ASK 17824 b (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:

HB2247 EngrossedEnrolled - 25 - LRB096 07723 ASK 17824 b (v) "Immediate precursor" means a substance:

(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 HB2247 EngrossedEnrolled - 26 - LRB096 07723 ASK 17824 b controlled substance.

Nothing in this subsection (y) prohibits the dispensing or distributing of noncontrolled substances by persons authorized HB2247 EngrossedEnrolled - 27 - LRB096 07723 ASK 17824 b 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.

or (2) by a practitioner, or his authorized agent under HB2247 EngrossedEnrolled - 28 - LRB096 07723 ASK 17824 b his supervision, the preparation, compounding, packaging, or labeling of a controlled substance:

(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 HB2247 EngrossedEnrolled - 29 - LRB096 07723 ASK 17824 b 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).

HB2247 EngrossedEnrolled - 30 - LRB096 07723 ASK 17824 b (jj) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

(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, a written delegation, and a the written supervision agreement 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 HB2247 EngrossedEnrolled - 31 - LRB096 07723 ASK 17824 b written delegation, and a written collaborative agreement under Section 65-35 of the Nurse Practice Act.

HB2247 EngrossedEnrolled - 32 - LRB096 07723 ASK 17824 b (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.

(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 HB2247 EngrossedEnrolled - 33 - LRB096 07723 ASK 17824 b 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 (v) the physician assistant must have HB2247 EngrossedEnrolled - 34 - LRB096 07723 ASK 17824 b completed the appropriate application forms and paid the required fees as set by rule;

HB2247 EngrossedEnrolled - 35 - LRB096 07723 ASK 17824 b (iv) the advanced practice nurse must discuss the condition of any patients for whom a controlled substance is prescribed monthly with the delegating physician;