SB 3421

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Full Text of SB3421
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	SB3421 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3421
Introduced 2/4/2026, by Sen. Javier L. Cervantes
SYNOPSIS AS INTRODUCED:
225 ILCS 95/4	  from Ch. 111, par. 4604
225 ILCS 95/6	  from Ch. 111, par. 4606
225 ILCS 95/7	  from Ch. 111, par. 4607
225 ILCS 95/7.5
225 ILCS 95/7.7
225 ILCS 95/7.8 new
225 ILCS 95/7.9 new
225 ILCS 95/20	  from Ch. 111, par. 4620
225 ILCS 95/21	  from Ch. 111, par. 4621
720 ILCS 570/102	  from Ch. 56 1/2, par. 1102
720 ILCS 570/303.05
Amends the Physician Assistant Practice Act of 1987. Provides that a physician assistant may prescribe, dispense, order, administer, and procure drugs and medical devices without delegation of authority by a physician. Provides that a physician assistant may practice without a written collaborative agreement. Provides that a physician assistant who files with the Department of Financial and Professional Regulation a notarized attestation of completion of at least 250 hours of AMA PRA Category 1 or equivalent continuing medical education or training and at least 2,000 hours of clinical experience in the specific field in which the physician assistant intends to practice after first attaining national certification shall not require a written collaborative agreement to practice. Makes changes in provisions concerning definitions; physician assistant title; collaboration requirements; written collaborative agreements, prescriptive authority, and physician assistants in hospitals, hospital affiliates, or ambulatory surgical treatment centers; inactive status; limitations; and grounds for disciplinary action. Amends the Illinois Controlled Substances Act to make corresponding changes.
LRB104 16644 AAS 30047 b
A BILL FOR
		SB3421		LRB104 16644 AAS 30047 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Physician Assistant Practice Act of 1987 is
5amended by changing Sections 4, 6, 7, 7.5, 7.7, 20, and 21 and
6by adding Sections 7.8 and 7.9 as follows:
7    (225 ILCS 95/4)  (from Ch. 111, par. 4604)
8    (Section scheduled to be repealed on January 1, 2028)
9    Sec. 4. Definitions. In this Act:
10    1. "Department" means the Department of Financial and
11Professional Regulation.
12    2. "Secretary" means the Secretary of Financial and
13Professional Regulation.
14    3. "Physician assistant" means any person not holding an
15active license or permit issued by the Department pursuant to
16the Medical Practice Act of 1987 who has been certified as a
17physician assistant by the National Commission on [the]
18Certification of Physician Assistants or an equivalent
19successor agency. [and performs procedures in collaboration ]
20[with a physician as defined in this Act. A physician assistant ]
21[may perform such procedures within the specialty of the ]
22[collaborating physician, except that such physician shall ]
23[exercise such direction, collaboration, and control over such ]
		SB3421	- 2 -	LRB104 16644 AAS 30047 b
1[physician assistants as will assure that patients shall ]
2[receive quality medical care. Physician assistants shall be ]
3[capable of performing a variety of tasks within the specialty ]
4[of medical care in collaboration with a physician. ]
5[Collaboration with the physician assistant shall not be ]
6[construed to necessarily require the personal presence of the ]
7[collaborating physician at all times at the place where ]
8[services are rendered, as long as there is communication ]
9[available for consultation by radio, telephone or ]
10[telecommunications within established guidelines as determined ]
11[by the physician/physician assistant team. The collaborating ]
12[physician may delegate tasks and duties to the physician ]
13[assistant. Delegated tasks or duties shall be consistent with ]
14[physician assistant education, training, and experience. The ]
15[delegated tasks or duties shall be specific to the practice ]
16[setting and shall be implemented and reviewed under a written ]
17[collaborative agreement established by the physician or ]
18[physician/physician assistant team. A physician assistant, ]
19[acting as an agent of the physician, shall be permitted to ]
20[transmit the collaborating physician's orders as determined by ]
21[the institution's by-laws, policies, procedures, or job ]
22[description within which the physician/physician assistant ]
23[team practices. Physician assistants shall practice only in ]
24[accordance with a written collaborative agreement.]
25    [Any person who holds an active license or permit issued ]
26[pursuant to the Medical Practice Act of 1987 shall have that ]
		SB3421	- 3 -	LRB104 16644 AAS 30047 b
1[license automatically placed into inactive status upon ]
2[issuance of a physician assistant license. Any person who ]
3[holds an active license as a physician assistant who is issued ]
4[a license or permit pursuant to the Medical Practice Act of ]
5[1987 shall have his or her physician assistant license ]
6[automatically placed into inactive status.]
7    3.5. "Physician assistant practice" means the performance
8of any legal medical service for which the physician assistant 
9has been prepared by the physician assistant's education, 
10training, and experience and is competent to perform as 
11determined through an employment agreement or the 
12credentialing and privileging system of a licensed facility. 
13Medical and surgical services provided by physician assistants 
14include, but are not limited to:
15        (A) obtaining and performing comprehensive health 
16    histories and physical examinations;
17        (B) evaluating, diagnosing, managing, and providing 
18    medical treatment;
19        (C) ordering, performing, and interpreting diagnostic 
20    studies and therapeutic procedures;
21        (D) educating patients on health promotion and disease 
22    prevention;
23        (E) providing consultation upon request;
24        (F) writing medical orders;
25        (G) prescribing, dispensing, ordering, administering, 
26    and procuring drugs and medical devices; and
		SB3421	- 4 -	LRB104 16644 AAS 30047 b
1        (H) assisting in surgery. [procedures within the ]
2    [specialty of the collaborating physician. Physician ]
3    [assistants shall be capable of performing a variety of ]
4    [tasks within the specialty of medical care of the ]
5    [collaborating physician. Collaboration with the physician ]
6    [assistant shall not be construed to necessarily require ]
7    [the personal presence of the collaborating physician at ]
8    [all times at the place where services are rendered, as ]
9    [long as there is communication available for consultation ]
10    [by radio, telephone, telecommunications, or electronic ]
11    [communications. The collaborating physician may delegate ]
12    [tasks and duties to the physician assistant. Delegated ]
13    [tasks or duties shall be consistent with physician ]
14    [assistant education, training, and experience. The ]
15    [delegated tasks or duties shall be specific to the ]
16    [practice setting and shall be implemented and reviewed ]
17    [under a written collaborative agreement established by the ]
18    [physician or physician/physician assistant team. A ]
19    [physician assistant shall be permitted to transmit the ]
20    [collaborating physician's orders as determined by the ]
21    [institution's bylaws, policies, or procedures or the job ]
22    [description within which the physician/physician assistant ]
23    [team practices. Physician assistants shall practice only ]
24    [in accordance with a written collaborative agreement, ]
25    [except as provided in Section 7.5 of this Act.]
26    4. "Board" means the Illinois State Medical Board [Medical ]
		SB3421	- 5 -	LRB104 16644 AAS 30047 b
1[Licensing Board constituted under the Medical Practice Act of ]
2[1987].
3    5. (Blank).
4    6. "Physician" means a person licensed to practice
5medicine in all of its branches under the Medical Practice Act
6of 1987.
7    7. "Collaborating physician" means the physician who,
8within his or her specialty and expertise, may delegate a
9variety of tasks and procedures to the physician assistant.
10Such tasks and procedures shall be delegated in accordance
11with a written collaborative agreement when the agreement is 
12required under this Act.
13    8. (Blank).
14    9. "Address of record" means the designated address
15recorded by the Department in the applicant's application file
16or the licensee's [application file or] license file, as
17maintained by the Department's licensure maintenance unit.
18    10. "Hospital affiliate" means a corporation, partnership,
19joint venture, limited liability company, or similar
20organization, other than a hospital, that is devoted primarily
21to the provision, management, or support of health care
22services and that directly or indirectly controls, is
23controlled by, or is under common control of the hospital. For
24the purposes of this definition, "control" means having at
25least an equal or a majority ownership or membership interest.
26A hospital affiliate shall be 100% owned or controlled by any
		SB3421	- 6 -	LRB104 16644 AAS 30047 b
1combination of hospitals, their parent corporations, or
2physicians licensed to practice medicine in all its branches
3in Illinois. "Hospital affiliate" does not include a health
4maintenance organization regulated under the Health
5Maintenance Organization Act.
6    11. "Email address of record" means the designated email
7address recorded by the Department in the applicant's
8application file or the licensee's license file, as maintained
9by the Department's licensure maintenance unit.
10    12. "Federally qualified health center" means a health
11center funded under Section 330 of the federal Public Health
12Service Act.
13(Source: P.A. 102-1117, eff. 1-13-23; 103-65, eff. 1-1-24.)
14    (225 ILCS 95/6)  (from Ch. 111, par. 4606)
15    (Section scheduled to be repealed on January 1, 2028)
16    Sec. 6. Physician assistant title.
17    (a) No physician assistant shall use the title of doctor,
18physician, or associate with his or her name or any other term
19that would indicate to other persons that he or she is
20qualified to engage in the general practice of medicine.
21    (b) A physician assistant shall verbally identify himself
22or herself as a physician assistant, including, when 
23applicable, specialty certification, to each patient.
24    (c) Nothing in this Act shall be construed to relieve a
25physician assistant of the professional or legal
		SB3421	- 7 -	LRB104 16644 AAS 30047 b
1responsibility for the care and treatment of persons attended
2by him or her.
3    (d) (Blank). [The collaborating physician shall file with ]
4[the Department notice of employment, discharge, or ]
5[collaboration with a physician assistant within 60 days of ]
6[employment, discharge, or assumption of collaboration with a ]
7[physician assistant. Nothing in this Section shall prevent a ]
8[physician assistant from beginning his or her employment ]
9[before the notice of employment or collaboration has been ]
10[filed.]
11(Source: P.A. 102-735, eff. 1-1-23.)
12    (225 ILCS 95/7)  (from Ch. 111, par. 4607)
13    (Section scheduled to be repealed on January 1, 2028)
14    Sec. 7. Collaboration requirements.
15    (a) A written collaborative agreement is required for all 
16physician assistants engaged in clinical practice prior to 
17satisfying the requirements of Section 7.9, except for 
18physician assistants who practice in a hospital, hospital 
19affiliate, federally qualified health center, or ambulatory 
20surgical treatment center as provided in Section 7.7.
21    (b) [(a)] A collaborating physician shall determine the
22number of physician assistants to collaborate with, provided
23the physician is able to provide adequate collaboration as
24outlined in the written collaborative agreement required under
25Section 7.5 of this Act and consideration is given to the
		SB3421	- 8 -	LRB104 16644 AAS 30047 b
1nature of the physician's practice, complexity of the patient
2population, and the experience of each physician assistant. A
3collaborating physician may collaborate with a maximum of 7
4full-time equivalent physician assistants as described in
5Section 54.5 of the Medical Practice Act of 1987. As used in
6this Section, "full-time equivalent" means the equivalent of
740 hours per week per individual. Physicians and physician
8assistants who work in a hospital, hospital affiliate,
9federally qualified health center, or ambulatory surgical
10treatment center as defined by Section 7.7 of this Act are
11exempt from the collaborative ratio restriction requirements
12of this Section. A physician assistant shall be able to hold
13more than one professional position. A collaborating physician
14shall file a notice of collaboration of each physician
15assistant according to the rules of the Department.
16    (c) Physician assistants shall collaborate only with
17physicians as defined in this Act who are engaged in clinical
18practice, or in clinical practice in public health or other
19community health facilities.
20    (d) Nothing in this Act shall be construed to limit the
21delegation of tasks or duties by a physician to a nurse or
22other appropriately trained personnel.
23    (e) Nothing in this Act shall be construed to prohibit the
24employment of physician assistants by a hospital, nursing home
25or other health care facility where such physician assistants
26function with [under] a collaborating physician.
		SB3421	- 9 -	LRB104 16644 AAS 30047 b
1    (f) A physician assistant may be employed by a practice
2group or other entity employing multiple physicians at one or
3more locations. In that case, one of the physicians practicing
4at a location shall be designated the collaborating physician.
5The other physicians with that practice group or other entity
6who practice in the same general type of practice or specialty
7as the collaborating physician may collaborate with the
8physician assistant with respect to their patients.
9    (g) [(b)] A physician assistant licensed in this State, or
10licensed or authorized to practice in any other U.S.
11jurisdiction or credentialed by his or her federal employer as
12a physician assistant, who is responding to a need for medical
13care created by an emergency or by a state or local disaster
14may render such care that the physician assistant is able to
15provide without collaboration as it is defined in this Section
16or with such collaboration as is available.
17    (h) Any physician who collaborates with a physician
18assistant providing medical care in response to such an
19emergency or state or local disaster shall not be required to
20meet the requirements set forth in this Section for a
21collaborating physician.
22(Source: P.A. 103-65, eff. 1-1-24.)
23    (225 ILCS 95/7.5)
24    (Section scheduled to be repealed on January 1, 2028)
25    Sec. 7.5. Written collaborative agreements[; prescriptive ]
		SB3421	- 10 -	LRB104 16644 AAS 30047 b
1[authority].
2    (a) A written collaborative agreement is required for all
3physician assistants to practice in the State, except as
4provided in Sections [Section] 7.7 and 7.9 of this Act. When a 
5written collaborative agreement is required under this Act, 
6the following shall apply:
7        (1) A written collaborative agreement shall describe
8    the working relationship of the physician assistant with
9    the collaborating physician and shall describe the
10    categories of care, treatment, or procedures to be
11    provided by the physician assistant. [The written ]
12    [collaborative agreement shall promote the exercise of ]
13    [professional judgment by the physician assistant ]
14    [commensurate with his or her education and experience. The ]
15    [services to be provided by the physician assistant shall ]
16    [be services that the collaborating physician is authorized ]
17    [to and generally provides to his or her patients in the ]
18    [normal course of his or her clinical medical practice. The ]
19    [written collaborative agreement need not describe the ]
20    [exact steps that a physician assistant must take with ]
21    [respect to each specific condition, disease, or symptom ]
22    [but must specify which authorized procedures require the ]
23    [presence of the collaborating physician as the procedures ]
24    [are being performed.] The relationship under a written
25    collaborative agreement shall not be construed to require
26    the personal presence of a physician at the place where
		SB3421	- 11 -	LRB104 16644 AAS 30047 b
1    services are rendered. Methods of communication shall be
2    available for consultation with the collaborating
3    physician in person or by telecommunications or electronic
4    communications as set forth in the written collaborative
5    agreement. [For the purposes of this Act, "generally ]
6    [provides to his or her patients in the normal course of his ]
7    [or her clinical medical practice" means services, not ]
8    [specific tasks or duties, the collaborating physician ]
9    [routinely provides individually or through delegation to ]
10    [other persons so that the physician has the experience and ]
11    [ability to collaborate and provide consultation.]
12        (2) (Blank). [The written collaborative agreement shall ]
13    [be adequate if a physician does each of the following:]
14            [(A) Participates in the joint formulation and ]
15        [joint approval of orders or guidelines with the ]
16        [physician assistant and he or she periodically reviews ]
17        [such orders and the services provided patients under ]
18        [such orders in accordance with accepted standards of ]
19        [medical practice and physician assistant practice.]
20            [(B) Provides consultation at least once a month.]
21        (3) A copy of the signed, written collaborative
22    agreement must be available to the Department upon request
23    [from both the physician assistant and the collaborating ]
24    [physician].
25        (4) A physician assistant shall inform each
26    collaborating physician of all written collaborative
		SB3421	- 12 -	LRB104 16644 AAS 30047 b
1    agreements he or she has signed and provide a copy of these
2    to any collaborating physician upon request.
3    (b) To prescribe Schedule II, III, IV, or V controlled 
4substances under this Section, a physician assistant must 
5obtain a mid-level practitioner controlled substances license.
6[A collaborating physician may, but is not required to, ]
7[delegate prescriptive authority to a physician assistant as ]
8[part of a written collaborative agreement. This authority may, ]
9[but is not required to, include prescription of, selection of, ]
10[orders for, administration of, storage of, acceptance of ]
11[samples of, and dispensing medical devices, over-the-counter ]
12[medications, legend drugs, medical gases, and controlled ]
13[substances categorized as Schedule II through V controlled ]
14[substances, as defined in Article II of the Illinois ]
15[Controlled Substances Act, and other preparations, including, ]
16[but not limited to, botanical and herbal remedies. The ]
17[collaborating physician must have a valid, current Illinois ]
18[controlled substance license and federal registration with the ]
19[Drug Enforcement Administration to delegate the authority to ]
20[prescribe controlled substances.]
21        [(1) To prescribe Schedule II, III, IV, or V controlled ]
22    [substances under this Section, a physician assistant must ]
23    [obtain a mid-level practitioner controlled substances ]
24    [license. Medication orders issued by a physician assistant ]
25    [shall be reviewed periodically by the collaborating ]
26    [physician.]
		SB3421	- 13 -	LRB104 16644 AAS 30047 b
1        [(2) The collaborating physician shall file with the ]
2    [Department notice of delegation of prescriptive authority ]
3    [to a physician assistant and termination of delegation, ]
4    [specifying the authority delegated or terminated. Upon ]
5    [receipt of this notice delegating authority to prescribe ]
6    [controlled substances, the physician assistant shall be ]
7    [eligible to register for a mid-level practitioner ]
8    [controlled substances license under Section 303.05 of the ]
9    [Illinois Controlled Substances Act. Nothing in this Act ]
10    [shall be construed to limit the delegation of tasks or ]
11    [duties by the collaborating physician to a nurse or other ]
12    [appropriately trained persons in accordance with Section ]
13    [54.2 of the Medical Practice Act of 1987.]
14        [(3) In addition to the requirements of this subsection ]
15    [(b), a collaborating physician may, but is not required ]
16    [to, delegate authority to a physician assistant to ]
17    [prescribe Schedule II controlled substances, if all of the ]
18    [following conditions apply:]
19            [(A) Specific Schedule II controlled substances by ]
20        [oral dosage or topical or transdermal application may ]
21        [be delegated, provided that the delegated Schedule II ]
22        [controlled substances are routinely prescribed by the ]
23        [collaborating physician. This delegation must identify ]
24        [the specific Schedule II controlled substances by ]
25        [either brand name or generic name. Schedule II ]
26        [controlled substances to be delivered by injection or ]
		SB3421	- 14 -	LRB104 16644 AAS 30047 b
1        [other route of administration may not be delegated.]
2            [(B) (Blank).]
3            [(C) Any prescription must be limited to no more ]
4        [than a 30-day supply, with any continuation authorized ]
5        [only after prior approval of the collaborating ]
6        [physician.]
7            [(D) The physician assistant must discuss the ]
8        [condition of any patients for whom a controlled ]
9        [substance is prescribed monthly with the collaborating ]
10        [physician.]
11            [(E) The physician assistant meets the education ]
12        [requirements of Section 303.05 of the Illinois ]
13        [Controlled Substances Act.]
14    (c) Nothing in this Act shall be construed to limit the
15delegation of tasks or duties by a physician to a licensed
16practical nurse, a registered professional nurse, or other
17persons. Nothing in this Act shall be construed to limit the
18method of delegation that may be authorized by any means,
19including, but not limited to, oral, written, electronic,
20standing orders, protocols, guidelines, or verbal orders.
21Nothing in this Act shall be construed to authorize a
22physician assistant to provide health care services required
23by law or rule to be performed by a physician. Nothing in this
24Act shall be construed to authorize the delegation or
25performance of operative surgery. Nothing in this Section
26shall be construed to preclude a physician assistant from
		SB3421	- 15 -	LRB104 16644 AAS 30047 b
1assisting in surgery.
2    (c-5) Nothing in this Section shall be construed to apply
3to any medication authority, including Schedule II controlled
4substances of a licensed physician assistant for care provided
5in a hospital, hospital affiliate, federally qualified health
6center, or ambulatory surgical treatment center pursuant to
7Section 7.7 of this Act, or to a physician assistant 
8satisfying the requirements of Section 7.9 of this Act.
9    (d) (Blank).
10    (e) Nothing in this Section shall be construed to prohibit
11generic substitution.
12    (f) Delegation of prescriptive authority by a physician is 
13not required under this Section.
14(Source: P.A. 102-558, eff. 8-20-21; 103-65, eff. 1-1-24;
15103-605, eff. 7-1-24.)
16    (225 ILCS 95/7.7)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 7.7. Physician assistants in hospitals, hospital
19affiliates, federally qualified health centers, or ambulatory
20surgical treatment centers.
21    (a) A physician assistant may provide services in a
22hospital as defined in the Hospital Licensing Act, a hospital
23affiliate as defined in the University of Illinois Hospital
24Act, a federally qualified health center, or a licensed
25ambulatory surgical treatment center as defined in the
		SB3421	- 16 -	LRB104 16644 AAS 30047 b
1Ambulatory Surgical Treatment Center Act without a written
2collaborative agreement pursuant to Section 7.5 of this Act
3only in accordance with this Section. A physician assistant
4must possess clinical privileges recommended by (i) the
5hospital medical staff and granted by the hospital, (ii) the
6physician committee and federally qualified health center, or
7(iii) the consulting medical staff committee and ambulatory
8surgical treatment center in order to provide services. The
9medical staff, physician committee, or consulting medical
10staff committee shall periodically review the services of
11physician assistants granted clinical privileges, including
12any care provided in a hospital affiliate or federally
13qualified health center. A physician assistant practicing 
14under this Section may prescribe, select, order, and 
15administer medications, including controlled substances.
16[Authority may also be granted when recommended by the hospital ]
17[medical staff and granted by the hospital, recommended by the ]
18[physician committee and granted by the federally qualified ]
19[health center, or recommended by the consulting medical staff ]
20[committee and ambulatory surgical treatment center to ]
21[individual physician assistants to select, order, and ]
22[administer medications, including controlled substances, to ]
23[provide delineated care.] In a hospital, hospital affiliate,
24federally qualified health center, or ambulatory surgical
25treatment center, the attending physician shall determine a
26physician assistant's role in providing care for his or her
		SB3421	- 17 -	LRB104 16644 AAS 30047 b
1patients, except as otherwise provided in the medical staff
2bylaws or consulting committee policies.
3    (a-5) Physician assistants practicing in a hospital
4affiliate or a federally qualified health center may [be, but ]
5[are not required to be, granted authority to] prescribe
6Schedule II through V controlled substances [when such ]
7[authority is recommended by the appropriate physician ]
8[committee of the hospital affiliate and granted by the ]
9[hospital affiliate or recommended by the physician committee ]
10[of the federally qualified health center and granted by the ]
11[federally qualified health center]. This authority may[, but is ]
12[not required to,] include prescription of, selection of, orders
13for, administration of, storage of, acceptance of samples of,
14and dispensing over-the-counter medications, legend drugs,
15medical gases, and controlled substances categorized as
16Schedule II through V controlled substances, as defined in
17Article II of the Illinois Controlled Substances Act, and
18other preparations, including, but not limited to, botanical
19and herbal remedies.
20    To prescribe controlled substances under this subsection
21(a-5), a physician assistant must obtain a mid-level
22practitioner controlled substance license. [Medication orders ]
23[shall be reviewed periodically by the appropriate hospital ]
24[affiliate physicians committee or its physician designee or by ]
25[the physician committee of a federally qualified health ]
26[center.]
		SB3421	- 18 -	LRB104 16644 AAS 30047 b
1    [The hospital affiliate or federally qualified health ]
2[center shall file with the Department notice of a grant of ]
3[prescriptive authority consistent with this subsection (a-5) ]
4[and termination of such a grant of authority in accordance ]
5[with rules of the Department. Upon receipt of this notice of ]
6[grant of authority to prescribe any Schedule II through V ]
7[controlled substances, the licensed physician assistant may ]
8[register for a mid-level practitioner controlled substance ]
9[license under Section 303.05 of the Illinois Controlled ]
10[Substances Act.]
11    [In addition, a hospital affiliate or a federally qualified ]
12[health center may, but is not required to, grant authority to a ]
13[physician assistant to prescribe any Schedule II controlled ]
14[substances if all of the following conditions apply:]
15        [(1) specific Schedule II controlled substances by oral ]
16    [dosage or topical or transdermal application may be ]
17    [designated, provided that the designated Schedule II ]
18    [controlled substances are routinely prescribed by ]
19    [physician assistants in their area of certification; this ]
20    [grant of authority must identify the specific Schedule II ]
21    [controlled substances by either brand name or generic ]
22    [name; authority to prescribe or dispense Schedule II ]
23    [controlled substances to be delivered by injection or ]
24    [other route of administration may not be granted;]
25        [(2) any grant of authority must be controlled ]
26    [substances limited to the practice of the physician ]
		SB3421	- 19 -	LRB104 16644 AAS 30047 b
1    [assistant;]
2        [(3) any prescription must be limited to no more than a ]
3    [30-day supply;]
4        [(4) the physician assistant must discuss the condition ]
5    [of any patients for whom a controlled substance is ]
6    [prescribed monthly with the appropriate physician ]
7    [committee of the hospital affiliate or its physician ]
8    [designee, or the physician committee of a federally ]
9    [qualified health center; and]
10        [(5) the physician assistant must meet the education ]
11    [requirements of Section 303.05 of the Illinois Controlled ]
12    [Substances Act.]
13    (b) A physician assistant [granted authority to order ]
14[medications including controlled substances] may complete
15discharge prescriptions provided the prescription is in the
16name of the physician assistant [and the attending or ]
17[discharging physician].
18    (c) Physician assistants practicing in a hospital,
19hospital affiliate, federally qualified health center, or an
20ambulatory surgical treatment center are not required to
21obtain a mid-level controlled substance license to order
22controlled substances under Section 303.05 of the Illinois
23Controlled Substances Act.
24    (d) Delegation of prescriptive authority by a physician is 
25not required under this Section.
26(Source: P.A. 103-65, eff. 1-1-24.)
		SB3421	- 20 -	LRB104 16644 AAS 30047 b
1    (225 ILCS 95/7.8 new)
2    Sec. 7.8. Prescriptive authority. A physician assistant 
3may prescribe, dispense, order, administer, and procure drugs 
4and medical devices without delegation of authority by a 
5physician. The prescriptive authority may include prescribing 
6Schedule II, III, IV, and V controlled substances. To 
7prescribe Schedule II, III, IV, or V controlled substances 
8under this Act, a physician assistant must obtain a mid-level 
9practitioner controlled substances license. When a written 
10collaborative agreement is required under this Act, delegation 
11of prescriptive authority by a physician is not required.
12    (225 ILCS 95/7.9 new)
13    Sec. 7.9. Optimal practice.
14    (a) A physician assistant may practice without a written 
15collaborative agreement as described in this Section.
16    (b) A physician assistant who files with the Department a 
17notarized attestation of completion of at least 250 hours of 
18AMA PRA Category 1 or equivalent continuing medical education 
19or training and at least 2,000 hours of clinical experience in 
20the specific field in which the physician assistant intends to 
21practice after first attaining national certification shall 
22not require a written collaborative agreement to practice. 
23Documentation of successful completion shall be provided to 
24the Department upon request.
		SB3421	- 21 -	LRB104 16644 AAS 30047 b
1    (c) The scope of practice of a physician assistant with 
2optimal practice includes:
3        (1) all matters defined as physician assistant 
4    practice;
5        (2) practicing without a written collaborative 
6    agreement in all practice settings consistent with this 
7    Act;
8        (3) authority to prescribe both legend drugs and 
9    Schedule II through V controlled substances, including 
10    prescription of, selection of, orders for, administration 
11    of, storage of, acceptance of, samples of, and dispensing 
12    over-the-counter medications, legend drugs, and controlled 
13    substances categorized as Schedule II through V controlled 
14    substances, as defined in Article II of the Illinois 
15    Controlled Substances Act, and other preparations, 
16    including, but not limited to, botanical and herbal 
17    remedies; and
18        (4) authority to obtain an Illinois controlled 
19    substance license and a federal Drug Enforcement 
20    Administration number.
21    The scope of practice of a physician assistant does not 
22include operative surgery. Nothing in this Section shall be 
23construed to preclude a physician assistant from assisting in 
24surgery or performing other procedures as privileged by the 
25physician assistant's employer.
26    (d) The Department may adopt rules necessary to administer 
		SB3421	- 22 -	LRB104 16644 AAS 30047 b
1this Section, including, but not limited to, requiring the 
2completion of forms and the payment of fees.
3    (e) Nothing in this Section shall be construed to prohibit 
4a physician assistant's employer from requiring a physician 
5assistant who satisfies the qualifications of subsection (b) 
6to practice with a written collaborative agreement.
7    (f) Nothing in this Act shall be construed to authorize a 
8physician assistant with optimal practice authority to provide 
9health care services required by law or rule to be performed by 
10a physician.
11    (225 ILCS 95/20)  (from Ch. 111, par. 4620)
12    (Section scheduled to be repealed on January 1, 2028)
13    Sec. 20. Limitations.
14    (a) No corporation, which stated purpose includes, or
15which practices, or which holds itself out as available to
16practice as a physician assistant or to practice any of the
17functions described in Section 4 of this Act, shall be issued a
18license by the Department, nor shall the Secretary of State
19approve or accept articles of incorporation for such a
20corporation.
21    (b) Pursuant to subparagraph (a) of paragraph (2) of 
22Section 3.6 of the Professional Service Corporation Act and 
23Section 2 of the Medical Corporation Act, a person licensed 
24under this Act may not own a corporation for the purposes of 
25practicing medicine.
		SB3421	- 23 -	LRB104 16644 AAS 30047 b
1    (c) Pursuant to paragraph (2) of subsection (a) of Section 
213 of the Professional Limited Liability Company Act, a person 
3licensed under this Act may not own a professional limited 
4liability company for the purposes of practicing medicine.
5(Source: P.A. 85-981.)
6    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 21. Grounds for disciplinary action.
9    (a) The Department may refuse to issue or to renew, or may
10revoke, suspend, place on probation, reprimand, or take other
11disciplinary or non-disciplinary action with regard to any
12license issued under this Act as the Department may deem
13proper, including the issuance of fines not to exceed $10,000
14for each violation, for any one or combination of the
15following causes:
16        (1) Material misstatement in furnishing information to
17    the Department.
18        (2) Violations of this Act, or the rules adopted under
19    this Act.
20        (3) Conviction by plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or
22    sentencing, including, but not limited to, convictions,
23    preceding sentences of supervision, conditional discharge,
24    or first offender probation, under the laws of any
25    jurisdiction of the United States that is: (i) a felony;
		SB3421	- 24 -	LRB104 16644 AAS 30047 b
1    or (ii) a misdemeanor, an essential element of which is
2    dishonesty, or that is directly related to the practice of
3    the profession.
4        (4) Making any misrepresentation for the purpose of
5    obtaining licenses.
6        (5) Professional incompetence.
7        (6) Aiding or assisting another person in violating
8    any provision of this Act or its rules.
9        (7) Failing, within 60 days, to provide information in
10    response to a written request made by the Department.
11        (8) Engaging in dishonorable, unethical, or
12    unprofessional conduct, as defined by rule, of a character
13    likely to deceive, defraud, or harm the public.
14        (9) Habitual or excessive use or addiction to alcohol,
15    narcotics, stimulants, or any other chemical agent or drug
16    that results in a physician assistant's inability to
17    practice with reasonable judgment, skill, or safety.
18        (10) Discipline by another U.S. jurisdiction or
19    foreign nation, if at least one of the grounds for
20    discipline is the same or substantially equivalent to
21    those set forth in this Section.
22        (11) Directly or indirectly giving to or receiving
23    from any person, firm, corporation, partnership, or
24    association any fee, commission, rebate, or other form of
25    compensation for any professional services not actually or
26    personally rendered. Nothing in this paragraph (11)
		SB3421	- 25 -	LRB104 16644 AAS 30047 b
1    affects any bona fide independent contractor or employment
2    arrangements, which may include provisions for
3    compensation, health insurance, pension, or other
4    employment benefits, with persons or entities authorized
5    under this Act for the provision of services within the
6    scope of the licensee's practice under this Act.
7        (12) A finding by the Board that the licensee, after
8    having his or her license placed on probationary status,
9    has violated the terms of probation.
10        (13) Abandonment of a patient.
11        (14) Willfully making or filing false records or
12    reports in his or her practice, including, but not limited
13    to, false records filed with State agencies or
14    departments.
15        (15) Willfully failing to report an instance of
16    suspected child abuse or neglect as required by the Abused
17    and Neglected Child Reporting Act.
18        (16) Physical illness, or mental illness or impairment
19    that results in the inability to practice the profession
20    with reasonable judgment, skill, or safety, including, but
21    not limited to, deterioration through the aging process or
22    loss of motor skill.
23        (17) Being named as a perpetrator in an indicated
24    report by the Department of Children and Family Services
25    under the Abused and Neglected Child Reporting Act, and
26    upon proof by clear and convincing evidence that the
		SB3421	- 26 -	LRB104 16644 AAS 30047 b
1    licensee has caused a child to be an abused child or
2    neglected child as defined in the Abused and Neglected
3    Child Reporting Act.
4        (18) (Blank).
5        (19) Gross negligence resulting in permanent injury or
6    death of a patient.
7        (20) Employment of fraud, deception or any unlawful
8    means in applying for or securing a license as a physician
9    assistant.
10        (21) Exceeding the authority delegated to him or her
11    by his or her collaborating physician in a written
12    collaborative agreement, when the agreement is required 
13    under this Act.
14        (22) Immoral conduct in the commission of any act,
15    such as sexual abuse, sexual misconduct, or sexual
16    exploitation related to the licensee's practice.
17        (23) Violation of the Health Care Worker Self-Referral
18    Act.
19        (24) Practicing under a false or assumed name, except
20    as provided by law.
21        (25) Making a false or misleading statement regarding
22    his or her skill or the efficacy or value of the medicine,
23    treatment, or remedy prescribed by him or her in the
24    course of treatment.
25        (26) Allowing another person to use his or her license
26    to practice.
		SB3421	- 27 -	LRB104 16644 AAS 30047 b
1        (27) Prescribing, selling, administering,
2    distributing, giving, or self-administering a drug
3    classified as a controlled substance for other than
4    medically accepted therapeutic purposes.
5        (28) Promotion of the sale of drugs, devices,
6    appliances, or goods provided for a patient in a manner to
7    exploit the patient for financial gain.
8        (29) A pattern of practice or other behavior that
9    demonstrates incapacity or incompetence to practice under
10    this Act.
11        (30) Violating State or federal laws or regulations
12    relating to controlled substances or other legend drugs or
13    ephedra as defined in the Ephedra Prohibition Act.
14        (31) (Blank). [Exceeding the prescriptive authority ]
15    [delegated by the collaborating physician or violating the ]
16    [written collaborative agreement delegating that authority.]
17        (32) (Blank). [Practicing without providing to the ]
18    [Department a notice of collaboration or delegation of ]
19    [prescriptive authority.]
20        (33) Failure to establish and maintain records of
21    patient care and treatment as required by law.
22        (34) Attempting to subvert or cheat on the examination
23    of the National Commission on Certification of Physician
24    Assistants or its successor agency.
25        (35) Willfully or negligently violating the
26    confidentiality between physician assistant and patient,
		SB3421	- 28 -	LRB104 16644 AAS 30047 b
1    except as required by law.
2        (36) Willfully failing to report an instance of
3    suspected abuse, neglect, financial exploitation, or
4    self-neglect of an eligible adult as defined in and
5    required by the Adult Protective Services Act.
6        (37) Being named as an abuser in a verified report by
7    the Department on Aging under the Adult Protective
8    Services Act and upon proof by clear and convincing
9    evidence that the licensee abused, neglected, or
10    financially exploited an eligible adult as defined in the
11    Adult Protective Services Act.
12        (38) Failure to report to the Department an adverse
13    final action taken against him or her by another licensing
14    jurisdiction of the United States or a foreign state or
15    country, a peer review body, a health care institution, a
16    professional society or association, a governmental
17    agency, a law enforcement agency, or a court acts or
18    conduct similar to acts or conduct that would constitute
19    grounds for action under this Section.
20        (39) Failure to provide copies of records of patient
21    care or treatment, except as required by law.
22        (40) (Blank). [Entering into an excessive number of ]
23    [written collaborative agreements with licensed physicians ]
24    [resulting in an inability to adequately collaborate.]
25        (41) (Blank). [Repeated failure to adequately ]
26    [collaborate with a collaborating physician.]
		SB3421	- 29 -	LRB104 16644 AAS 30047 b
1        (42) Violating the Compassionate Use of Medical
2    Cannabis Program Act.
3    (b) The Department may, without a hearing, refuse to issue
4or renew or may suspend the license of any person who fails to
5file a return, or to pay the tax, penalty, or interest shown in
6a filed return, or to pay any final assessment of the tax,
7penalty, or interest as required by any tax Act administered
8by the Illinois Department of Revenue, until such time as the
9requirements of any such tax Act are satisfied.
10    (b-5) The Department shall not revoke, suspend, summarily
11suspend, place on prohibition, reprimand, refuse to issue or
12renew, or take any other disciplinary or non-disciplinary
13action against a person's authorization to practice under this
14Act based solely upon the person providing, authorizing,
15recommending, aiding, assisting, referring for, or otherwise
16participating in any health care service, so long as the care
17was not unlawful under the laws of this State, regardless of
18whether the patient was a resident of this State or another
19state.
20    (b-10) The Department shall not revoke, suspend, summarily
21suspend, place on prohibition, reprimand, refuse to issue or
22renew, or take any other disciplinary or non-disciplinary
23action against a person's authorization to practice under this
24Act based upon the person's license, registration, or permit
25being revoked or suspended, or the person being otherwise
26disciplined, by any other state if that revocation,
		SB3421	- 30 -	LRB104 16644 AAS 30047 b
1suspension, or other form of discipline was based solely on
2the person violating another state's laws prohibiting the
3provision of, authorization of, recommendation of, aiding or
4assisting in, referring for, or participation in any health
5care service if that health care service as provided would not
6have been unlawful under the laws of this State and is
7consistent with the applicable standard of conduct for a
8person practicing in Illinois under this Act.
9    (b-15) The conduct specified in subsections (b-5) and
10(b-10) shall not constitute grounds for suspension under
11Section 22.13.
12    (b-20) An applicant seeking licensure, certification, or
13authorization pursuant to this Act who has been subject to
14disciplinary action by a duly authorized professional
15disciplinary agency of another jurisdiction solely on the
16basis of having provided, authorized, recommended, aided,
17assisted, referred for, or otherwise participated in health
18care shall not be denied such licensure, certification, or
19authorization, unless the Department determines that such
20action would have constituted professional misconduct in this
21State; however, nothing in this Section shall be construed as
22prohibiting the Department from evaluating the conduct of such
23applicant and making a determination regarding the licensure,
24certification, or authorization to practice a profession under
25this Act.
26    (c) The determination by a circuit court that a licensee
		SB3421	- 31 -	LRB104 16644 AAS 30047 b
1is subject to involuntary admission or judicial admission as
2provided in the Mental Health and Developmental Disabilities
3Code operates as an automatic suspension. The suspension will
4end only upon a finding by a court that the patient is no
5longer subject to involuntary admission or judicial admission
6and issues an order so finding and discharging the patient,
7and upon the recommendation of the Board to the Secretary that
8the licensee be allowed to resume his or her practice.
9    (d) In enforcing this Section, the Department upon a
10showing of a possible violation may compel an individual
11licensed to practice under this Act, or who has applied for
12licensure under this Act, to submit to a mental or physical
13examination, or both, which may include a substance abuse or
14sexual offender evaluation, as required by and at the expense
15of the Department.
16    The Department shall specifically designate the examining
17physician licensed to practice medicine in all of its branches
18or, if applicable, the multidisciplinary team involved in
19providing the mental or physical examination or both. The
20multidisciplinary team shall be led by a physician licensed to
21practice medicine in all of its branches and may consist of one
22or more or a combination of physicians licensed to practice
23medicine in all of its branches, licensed clinical
24psychologists, licensed clinical social workers, licensed
25clinical professional counselors, and other professional and
26administrative staff. Any examining physician or member of the
		SB3421	- 32 -	LRB104 16644 AAS 30047 b
1multidisciplinary team may require any person ordered to
2submit to an examination pursuant to this Section to submit to
3any additional supplemental testing deemed necessary to
4complete any examination or evaluation process, including, but
5not limited to, blood testing, urinalysis, psychological
6testing, or neuropsychological testing.
7    The Department may order the examining physician or any
8member of the multidisciplinary team to provide to the
9Department any and all records, including business records,
10that relate to the examination and evaluation, including any
11supplemental testing performed.
12    The Department may order the examining physician or any
13member of the multidisciplinary team to present testimony
14concerning the mental or physical examination of the licensee
15or applicant. No information, report, record, or other
16documents in any way related to the examination shall be
17excluded by reason of any common law or statutory privilege
18relating to communications between the licensee or applicant
19and the examining physician or any member of the
20multidisciplinary team. No authorization is necessary from the
21licensee or applicant ordered to undergo an examination for
22the examining physician or any member of the multidisciplinary
23team to provide information, reports, records, or other
24documents or to provide any testimony regarding the
25examination and evaluation.
26    The individual to be examined may have, at his or her own
		SB3421	- 33 -	LRB104 16644 AAS 30047 b
1expense, another physician of his or her choice present during
2all aspects of this examination. However, that physician shall
3be present only to observe and may not interfere in any way
4with the examination.
5     Failure of an individual to submit to a mental or physical
6examination, when ordered, shall result in an automatic
7suspension of his or her license until the individual submits
8to the examination.
9    If the Department finds an individual unable to practice
10because of the reasons set forth in this Section, the
11Department may require that individual to submit to care,
12counseling, or treatment by physicians approved or designated
13by the Department, as a condition, term, or restriction for
14continued, reinstated, or renewed licensure to practice; or,
15in lieu of care, counseling, or treatment, the Department may
16file a complaint to immediately suspend, revoke, or otherwise
17discipline the license of the individual. An individual whose
18license was granted, continued, reinstated, renewed,
19disciplined, or supervised subject to such terms, conditions,
20or restrictions, and who fails to comply with such terms,
21conditions, or restrictions, shall be referred to the
22Secretary for a determination as to whether the individual
23shall have his or her license suspended immediately, pending a
24hearing by the Department.
25    In instances in which the Secretary immediately suspends a
26person's license under this Section, a hearing on that
		SB3421	- 34 -	LRB104 16644 AAS 30047 b
1person's license must be convened by the Department within 30
2days after the suspension and completed without appreciable
3delay. The Department shall have the authority to review the
4subject individual's record of treatment and counseling
5regarding the impairment to the extent permitted by applicable
6federal statutes and regulations safeguarding the
7confidentiality of medical records.
8    An individual licensed under this Act and affected under
9this Section shall be afforded an opportunity to demonstrate
10to the Department that he or she can resume practice in
11compliance with acceptable and prevailing standards under the
12provisions of his or her license.
13    (e) An individual or organization acting in good faith,
14and not in a willful and wanton manner, in complying with this
15Section by providing a report or other information to the
16Board, by assisting in the investigation or preparation of a
17report or information, by participating in proceedings of the
18Board, or by serving as a member of the Board, shall not be
19subject to criminal prosecution or civil damages as a result
20of such actions.
21    (f) Members of the Board shall be indemnified by the State
22for any actions occurring within the scope of services on the
23Board, done in good faith and not willful and wanton in nature.
24The Attorney General shall defend all such actions unless he
25or she determines either that there would be a conflict of
26interest in such representation or that the actions complained
		SB3421	- 35 -	LRB104 16644 AAS 30047 b
1of were not in good faith or were willful and wanton.
2    If the Attorney General declines representation, the
3member has the right to employ counsel of his or her choice,
4whose fees shall be provided by the State, after approval by
5the Attorney General, unless there is a determination by a
6court that the member's actions were not in good faith or were
7willful and wanton.
8    The member must notify the Attorney General within 7 days
9after receipt of notice of the initiation of any action
10involving services of the Board. Failure to so notify the
11Attorney General constitutes an absolute waiver of the right
12to a defense and indemnification.
13    The Attorney General shall determine, within 7 days after
14receiving such notice, whether he or she will undertake to
15represent the member.
16    (g) The Department may adopt rules to implement,
17administer, and enforce this Section.
18(Source: P.A. 104-432, eff. 1-1-26.)
19    Section 10. The Illinois Controlled Substances Act is
20amended by changing Sections 102 and 303.05 as follows:
21    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
22    Sec. 102. Definitions.  As used in this Act, unless the
23context otherwise requires:
24    (a) "Person with a substance use disorder" means any
		SB3421	- 36 -	LRB104 16644 AAS 30047 b
1person who has a substance use disorder diagnosis defined as a
2spectrum of persistent and recurring problematic behavior that
3encompasses 10 separate classes of drugs: alcohol; caffeine;
4cannabis; hallucinogens; inhalants; opioids; sedatives,
5hypnotics and anxiolytics; stimulants; and tobacco; and other
6unknown substances leading to clinically significant
7impairment or distress.
8    (b) "Administer" means the direct application of a
9controlled substance, whether by injection, inhalation,
10ingestion, or any other means, to the body of a patient,
11research subject, or animal (as defined by the Humane
12Euthanasia in Animal Shelters Act) by:
13        (1) a practitioner (or, in his or her presence, by his
14    or her authorized agent),
15        (2) the patient or research subject pursuant to an
16    order, or
17        (3) a euthanasia technician as defined by the Humane
18    Euthanasia in Animal Shelters Act.
19    (c) "Agent" means an authorized person who acts on behalf
20of or at the direction of a manufacturer, distributor,
21dispenser, prescriber, or practitioner. It does not include a
22common or contract carrier, public warehouseman or employee of
23the carrier or warehouseman.
24    (c-1) "Anabolic Steroids" means any drug or hormonal
25substance, chemically and pharmacologically related to
26testosterone (other than estrogens, progestins,
		SB3421	- 37 -	LRB104 16644 AAS 30047 b
1corticosteroids, and dehydroepiandrosterone), and includes:
2    (i) 3[beta],17-dihydroxy-5a-androstane, 
3    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
4    (iii) 5[alpha]-androstan-3,17-dione, 
5    (iv) 1-androstenediol (3[beta], 
6        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
7    (v) 1-androstenediol (3[alpha], 
8        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
9    (vi) 4-androstenediol  
10        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
11    (vii) 5-androstenediol  
12        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
13    (viii) 1-androstenedione  
14        ([5alpha]-androst-1-en-3,17-dione), 
15    (ix) 4-androstenedione  
16        (androst-4-en-3,17-dione), 
17    (x) 5-androstenedione  
18        (androst-5-en-3,17-dione), 
19    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
20        hydroxyandrost-4-en-3-one), 
21    (xii) boldenone (17[beta]-hydroxyandrost- 
22        1,4,-diene-3-one), 
23    (xiii) boldione (androsta-1,4- 
24        diene-3,17-dione), 
25    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
26        [beta]-hydroxyandrost-4-en-3-one), 
		SB3421	- 38 -	LRB104 16644 AAS 30047 b
1    (xv) clostebol (4-chloro-17[beta]- 
2        hydroxyandrost-4-en-3-one), 
3    (xvi) dehydrochloromethyltestosterone (4-chloro- 
4        17[beta]-hydroxy-17[alpha]-methyl- 
5        androst-1,4-dien-3-one), 
6    (xvii) desoxymethyltestosterone 
7    (17[alpha]-methyl-5[alpha] 
8        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
9    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
10        '1-testosterone') (17[beta]-hydroxy- 
11        5[alpha]-androst-1-en-3-one), 
12    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
13        androstan-3-one), 
14    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
15        5[alpha]-androstan-3-one), 
16    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
17        hydroxyestr-4-ene), 
18    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
19        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
20    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
21        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
22    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
23        hydroxyandrostano[2,3-c]-furazan), 
24    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, 
25    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
26        androst-4-en-3-one), 
		SB3421	- 39 -	LRB104 16644 AAS 30047 b
1    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
2        dihydroxy-estr-4-en-3-one), 
3    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
4        hydroxy-5-androstan-3-one), 
5    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
6        [5a]-androstan-3-one), 
7    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
8        hydroxyandrost-1,4-dien-3-one), 
9    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
10        dihydroxyandrost-5-ene), 
11    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
12        5[alpha]-androst-1-en-3-one), 
13    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
14        dihydroxy-5a-androstane, 
15    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
16        -5a-androstane, 
17    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
18        dihydroxyandrost-4-ene), 
19    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
20        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
21    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
22        hydroxyestra-4,9(10)-dien-3-one), 
23    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
24        hydroxyestra-4,9-11-trien-3-one), 
25    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
26        hydroxyandrost-4-en-3-one), 
		SB3421	- 40 -	LRB104 16644 AAS 30047 b
1    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
2        hydroxyestr-4-en-3-one), 
3    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
4        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
5        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
6        1-testosterone'), 
7    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
8    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
9        dihydroxyestr-4-ene), 
10    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
11        dihydroxyestr-4-ene), 
12    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
13        dihydroxyestr-5-ene), 
14    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
15        dihydroxyestr-5-ene), 
16    (xlvii) 19-nor-4,9(10)-androstadienedione  
17        (estra-4,9(10)-diene-3,17-dione), 
18    (xlviii) 19-nor-4-androstenedione (estr-4- 
19        en-3,17-dione), 
20    (xlix) 19-nor-5-androstenedione (estr-5- 
21        en-3,17-dione), 
22    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
23        hydroxygon-4-en-3-one), 
24    (li) norclostebol (4-chloro-17[beta]- 
25        hydroxyestr-4-en-3-one), 
26    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
		SB3421	- 41 -	LRB104 16644 AAS 30047 b
1        hydroxyestr-4-en-3-one), 
2    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
3        hydroxyestr-4-en-3-one), 
4    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
5        2-oxa-5[alpha]-androstan-3-one), 
6    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
7        dihydroxyandrost-4-en-3-one), 
8    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
9        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
10    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
11        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
12    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
13        (5[alpha]-androst-1-en-3-one), 
14    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
15        secoandrosta-1,4-dien-17-oic 
16        acid lactone), 
17    (lx) testosterone (17[beta]-hydroxyandrost- 
18        4-en-3-one), 
19    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
20        diethyl-17[beta]-hydroxygon- 
21        4,9,11-trien-3-one), 
22    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
23        11-trien-3-one). 
24    Any person who is otherwise lawfully in possession of an
25anabolic steroid, or who otherwise lawfully manufactures,
26distributes, dispenses, delivers, or possesses with intent to
		SB3421	- 42 -	LRB104 16644 AAS 30047 b
1deliver an anabolic steroid, which anabolic steroid is
2expressly intended for and lawfully allowed to be administered
3through implants to livestock or other nonhuman species, and
4which is approved by the Secretary of Health and Human
5Services for such administration, and which the person intends
6to administer or have administered through such implants,
7shall not be considered to be in unauthorized possession or to
8unlawfully manufacture, distribute, dispense, deliver, or
9possess with intent to deliver such anabolic steroid for
10purposes of this Act.
11    (d) "Administration" means the Drug Enforcement
12Administration, United States Department of Justice, or its
13successor agency.
14    (d-5) "Clinical Director, Prescription Monitoring Program"
15means a Department of Human Services administrative employee
16licensed to either prescribe or dispense controlled substances
17who shall run the clinical aspects of the Department of Human
18Services Prescription Monitoring Program and its Prescription
19Information Library.
20    (d-10) "Compounding" means the preparation and mixing of
21components, excluding flavorings, (1) as the result of a
22prescriber's prescription drug order or initiative based on
23the prescriber-patient-pharmacist relationship in the course
24of professional practice or (2) for the purpose of, or
25incident to, research, teaching, or chemical analysis and not
26for sale or dispensing. "Compounding" includes the preparation
		SB3421	- 43 -	LRB104 16644 AAS 30047 b
1of drugs or devices in anticipation of receiving prescription
2drug orders based on routine, regularly observed dispensing
3patterns. Commercially available products may be compounded
4for dispensing to individual patients only if both of the
5following conditions are met: (i) the commercial product is
6not reasonably available from normal distribution channels in
7a timely manner to meet the patient's needs and (ii) the
8prescribing practitioner has requested that the drug be
9compounded.
10    (e) "Control" means to add a drug or other substance, or
11immediate precursor, to a Schedule whether by transfer from
12another Schedule or otherwise.
13    (f) "Controlled Substance" means (i) a drug, substance,
14immediate precursor, or synthetic drug in the Schedules of
15Article II of this Act or (ii) a drug or other substance, or
16immediate precursor, designated as a controlled substance by
17the Department through administrative rule. The term does not
18include distilled spirits, wine, malt beverages, or tobacco,
19as those terms are defined or used in the Liquor Control Act of
201934 and the Tobacco Products Tax Act of 1995.
21    (f-5) "Controlled substance analog" means a substance:
22        (1) the chemical structure of which is substantially
23    similar to the chemical structure of a controlled
24    substance in Schedule I or II;
25        (2) which has a stimulant, depressant, or
26    hallucinogenic effect on the central nervous system that
		SB3421	- 44 -	LRB104 16644 AAS 30047 b
1    is substantially similar to or greater than the stimulant,
2    depressant, or hallucinogenic effect on the central
3    nervous system of a controlled substance in Schedule I or
4    II; or
5        (3) with respect to a particular person, which such
6    person represents or intends to have a stimulant,
7    depressant, or hallucinogenic effect on the central
8    nervous system that is substantially similar to or greater
9    than the stimulant, depressant, or hallucinogenic effect
10    on the central nervous system of a controlled substance in
11    Schedule I or II.
12    (g) "Counterfeit substance" means a controlled substance,
13which, or the container or labeling of which, without
14authorization bears the trademark, trade name, or other
15identifying mark, imprint, number or device, or any likeness
16thereof, of a manufacturer, distributor, or dispenser other
17than the person who in fact manufactured, distributed, or
18dispensed the substance.
19    (h) "Deliver" or "delivery" means the actual, constructive
20or attempted transfer of possession of a controlled substance,
21with or without consideration, whether or not there is an
22agency relationship. "Deliver" or "delivery" does not include
23the donation of drugs to the extent permitted under the
24Illinois Drug Reuse Opportunity Program Act.
25    (i) "Department" means the Illinois Department of Human
26Services (as successor to the Department of Alcoholism and
		SB3421	- 45 -	LRB104 16644 AAS 30047 b
1Substance Abuse) or its successor agency.
2    (j) (Blank).
3    (k) "Department of Corrections" means the Department of
4Corrections of the State of Illinois or its successor agency.
5    (l) "Department of Financial and Professional Regulation"
6means the Department of Financial and Professional Regulation
7of the State of Illinois or its successor agency.
8    (m) "Depressant" means any drug that (i) causes an overall
9depression of central nervous system functions, (ii) causes
10impaired consciousness and awareness, and (iii) can be
11habit-forming or lead to a substance misuse or substance use
12disorder, including, but not limited to, alcohol, cannabis and
13its active principles and their analogs, benzodiazepines and
14their analogs, barbiturates and their analogs, opioids
15(natural and synthetic) and their analogs, and chloral hydrate
16and similar sedative hypnotics.
17    (n) (Blank).
18    (o) "Director" means the Director of the Illinois State
19Police or his or her designated agents.
20    (p) "Dispense" means to deliver a controlled substance to
21an ultimate user or research subject by or pursuant to the
22lawful order of a prescriber, including the prescribing,
23administering, packaging, labeling, or compounding necessary
24to prepare the substance for that delivery.
25    (q) "Dispenser" means a practitioner who dispenses.
26    (r) "Distribute" means to deliver, other than by
		SB3421	- 46 -	LRB104 16644 AAS 30047 b
1administering or dispensing, a controlled substance.
2    (s) "Distributor" means a person who distributes.
3    (t) "Drug" means (1) substances recognized as drugs in the
4official United States Pharmacopoeia, Official Homeopathic
5Pharmacopoeia of the United States, or official National
6Formulary, or any supplement to any of them; (2) substances
7intended for use in diagnosis, cure, mitigation, treatment, or
8prevention of disease in man or animals; (3) substances (other
9than food) intended to affect the structure of any function of
10the body of man or animals and (4) substances intended for use
11as a component of any article specified in clause (1), (2), or
12(3) of this subsection. It does not include devices or their
13components, parts, or accessories.
14    (t-3) "Electronic health record" or "EHR" means an
15electronic record of health-related information on an
16individual that is created, gathered, managed, and consulted
17by authorized health care clinicians and staff.
18    (t-3.5) "Electronic health record system" or "EHR system"
19means any computer-based system or combination of federally
20certified Health IT Modules (defined at 42 CFR 170.102 or its
21successor) used as a repository for electronic health records
22and accessed or updated by a prescriber or authorized
23surrogate in the ordinary course of his or her medical
24practice. For purposes of connecting to the Prescription
25Information Library maintained by the Bureau of Pharmacy and
26Clinical Support Systems or its successor, an EHR system may
		SB3421	- 47 -	LRB104 16644 AAS 30047 b
1connect to the Prescription Information Library directly or
2through all or part of a computer program or system that is a
3federally certified Health IT Module maintained by a third
4party and used by the EHR system to secure access to the
5database.
6    (t-4) "Emergency medical services personnel" has the
7meaning ascribed to it in the Emergency Medical Services (EMS)
8Systems Act.
9    (t-5) "Euthanasia agency" means an entity certified by the
10Department of Financial and Professional Regulation for the
11purpose of animal euthanasia that holds an animal control
12facility license or animal shelter license under the Animal
13Welfare Act. A euthanasia agency is authorized to purchase,
14store, possess, and utilize Schedule II nonnarcotic and
15Schedule III nonnarcotic drugs for the sole purpose of animal
16euthanasia.
17    (t-10) "Euthanasia drugs" means Schedule II or Schedule
18III substances (nonnarcotic controlled substances) that are
19used by a euthanasia agency for the purpose of animal
20euthanasia.
21    (u) "Good faith" means the prescribing or dispensing of a
22controlled substance by a practitioner in the regular course
23of professional treatment to or for any person who is under his
24or her treatment for a pathology or condition other than that
25individual's physical or psychological dependence upon a
26controlled substance, except as provided herein: and
		SB3421	- 48 -	LRB104 16644 AAS 30047 b
1application of the term to a pharmacist shall mean the
2dispensing of a controlled substance pursuant to the
3prescriber's order which in the professional judgment of the
4pharmacist is lawful. The pharmacist shall be guided by
5accepted professional standards, including, but not limited
6to, the following, in making the judgment:
7        (1) lack of consistency of prescriber-patient
8    relationship,
9        (2) frequency of prescriptions for same drug by one
10    prescriber for large numbers of patients,
11        (3) quantities beyond those normally prescribed,
12        (4) unusual dosages (recognizing that there may be
13    clinical circumstances where more or less than the usual
14    dose may be used legitimately),
15        (5) unusual geographic distances between patient,
16    pharmacist and prescriber,
17        (6) consistent prescribing of habit-forming drugs.
18    (u-0.5) "Hallucinogen" means a drug that causes markedly
19altered sensory perception leading to hallucinations of any
20type.
21    (u-1) "Home infusion services" means services provided by
22a pharmacy in compounding solutions for direct administration
23to a patient in a private residence, long-term care facility,
24or hospice setting by means of parenteral, intravenous,
25intramuscular, subcutaneous, or intraspinal infusion.
26    (u-5) "Illinois State Police" means the Illinois State
		SB3421	- 49 -	LRB104 16644 AAS 30047 b
1Police or its successor agency.
2    (v) "Immediate precursor" means a substance:
3        (1) which the Department has found to be and by rule
4    designated as being a principal compound used, or produced
5    primarily for use, in the manufacture of a controlled
6    substance;
7        (2) which is an immediate chemical intermediary used
8    or likely to be used in the manufacture of such controlled
9    substance; and
10        (3) the control of which is necessary to prevent,
11    curtail or limit the manufacture of such controlled
12    substance.
13    (w) "Instructional activities" means the acts of teaching,
14educating or instructing by practitioners using controlled
15substances within educational facilities approved by the State
16Board of Education or its successor agency.
17    (x) "Local authorities" means a duly organized State,
18County or Municipal peace unit or police force.
19    (y) "Look-alike substance" means a substance, other than a
20controlled substance which (1) by overall dosage unit
21appearance, including shape, color, size, markings or lack
22thereof, taste, consistency, or any other identifying physical
23characteristic of the substance, would lead a reasonable
24person to believe that the substance is a controlled
25substance, or (2) is expressly or impliedly represented to be
26a controlled substance or is distributed under circumstances
		SB3421	- 50 -	LRB104 16644 AAS 30047 b
1which would lead a reasonable person to believe that the
2substance is a controlled substance. For the purpose of
3determining whether the representations made or the
4circumstances of the distribution would lead a reasonable
5person to believe the substance to be a controlled substance
6under this clause (2) of subsection (y), the court or other
7authority may consider the following factors in addition to
8any other factor that may be relevant:
9        (a) statements made by the owner or person in control
10    of the substance concerning its nature, use or effect;
11        (b) statements made to the buyer or recipient that the
12    substance may be resold for profit;
13        (c) whether the substance is packaged in a manner
14    normally used for the illegal distribution of controlled
15    substances;
16        (d) whether the distribution or attempted distribution
17    included an exchange of or demand for money or other
18    property as consideration, and whether the amount of the
19    consideration was substantially greater than the
20    reasonable retail market value of the substance.
21    Clause (1) of this subsection (y) shall not apply to a
22noncontrolled substance in its finished dosage form that was
23initially introduced into commerce prior to the initial
24introduction into commerce of a controlled substance in its
25finished dosage form which it may substantially resemble.
26    Nothing in this subsection (y) prohibits the dispensing or
		SB3421	- 51 -	LRB104 16644 AAS 30047 b
1distributing of noncontrolled substances by persons authorized
2to dispense and distribute controlled substances under this
3Act, provided that such action would be deemed to be carried
4out in good faith under subsection (u) if the substances
5involved were controlled substances.
6    Nothing in this subsection (y) or in this Act prohibits
7the manufacture, preparation, propagation, compounding,
8processing, packaging, advertising or distribution of a drug
9or drugs by any person registered pursuant to Section 510 of
10the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
11    (y-1) "Mail-order pharmacy" means a pharmacy that is
12located in a state of the United States that delivers,
13dispenses or distributes, through the United States Postal
14Service or other common carrier, to Illinois residents, any
15substance which requires a prescription.
16    (z) "Manufacture" means the production, preparation,
17propagation, compounding, conversion or processing of a
18controlled substance other than methamphetamine, either
19directly or indirectly, by extraction from substances of
20natural origin, or independently by means of chemical
21synthesis, or by a combination of extraction and chemical
22synthesis, and includes any packaging or repackaging of the
23substance or labeling of its container, except that this term
24does not include:
25        (1) by an ultimate user, the preparation or
26    compounding of a controlled substance for his or her own
		SB3421	- 52 -	LRB104 16644 AAS 30047 b
1    use;
2        (2) by a practitioner, or his or her authorized agent
3    under his or her supervision, the preparation,
4    compounding, packaging, or labeling of a controlled
5    substance:
6            (a) as an incident to his or her administering or
7        dispensing of a controlled substance in the course of
8        his or her professional practice; or
9            (b) as an incident to lawful research, teaching or
10        chemical analysis and not for sale; or
11        (3) the packaging, repackaging, or labeling of drugs
12    only to the extent permitted under the Illinois Drug Reuse
13    Opportunity Program Act.
14    (z-1) (Blank).
15    (z-5) "Medication shopping" means the conduct prohibited
16under subsection (a) of Section 314.5 of this Act.
17    (z-10) "Mid-level practitioner" means (i) a physician
18assistant [who has been delegated authority to prescribe ]
19[through a written delegation of authority by a physician ]
20[licensed to practice medicine in all of its branches, in ]
21[accordance with Section 7.5 of the Physician Assistant ]
22[Practice Act of 1987], (ii) an advanced practice registered
23nurse who has been delegated authority to prescribe through a
24written delegation of authority by a physician licensed to
25practice medicine in all of its branches or by a podiatric
26physician, in accordance with Section 65-40 of the Nurse
		SB3421	- 53 -	LRB104 16644 AAS 30047 b
1Practice Act, (iii) an advanced practice registered nurse
2certified as a nurse practitioner, nurse midwife, or clinical
3nurse specialist who has been granted authority to prescribe
4by a hospital affiliate in accordance with Section 65-45 of
5the Nurse Practice Act, (iv) an animal euthanasia agency, or
6(v) a prescribing psychologist.
7    (aa) "Narcotic drug" means any of the following, whether
8produced directly or indirectly by extraction from substances
9of vegetable origin, or independently by means of chemical
10synthesis, or by a combination of extraction and chemical
11synthesis:
12        (1) opium, opiates, derivatives of opium and opiates,
13    including their isomers, esters, ethers, salts, and salts
14    of isomers, esters, and ethers, whenever the existence of
15    such isomers, esters, ethers, and salts is possible within
16    the specific chemical designation; however the term
17    "narcotic drug" does not include the isoquinoline
18    alkaloids of opium;
19        (2) (blank);
20        (3) opium poppy and poppy straw;
21        (4) coca leaves, except coca leaves and extracts of
22    coca leaves from which substantially all of the cocaine
23    and ecgonine, and their isomers, derivatives and salts,
24    have been removed;
25        (5) cocaine, its salts, optical and geometric isomers,
26    and salts of isomers;
		SB3421	- 54 -	LRB104 16644 AAS 30047 b
1        (6) ecgonine, its derivatives, their salts, isomers,
2    and salts of isomers;
3        (7) any compound, mixture, or preparation which
4    contains any quantity of any of the substances referred to
5    in subparagraphs (1) through (6).
6    (bb) "Nurse" means a registered nurse licensed under the
7Nurse Practice Act.
8    (cc) (Blank).
9    (dd) "Opiate" means a drug derived from or related to
10opium.
11    (ee) "Opium poppy" means the plant of the species Papaver
12somniferum L., except its seeds.
13    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
14solution or other liquid form of medication intended for
15administration by mouth, but the term does not include a form
16of medication intended for buccal, sublingual, or transmucosal
17administration.
18    (ff) "Parole and Pardon Board" means the Parole and Pardon
19Board of the State of Illinois or its successor agency.
20    (gg) "Person" means any individual, corporation,
21mail-order pharmacy, government or governmental subdivision or
22agency, business trust, estate, trust, partnership or
23association, or any other entity.
24    (hh) "Pharmacist" means any person who holds a license or
25certificate of registration as a registered pharmacist, a
26local registered pharmacist or a registered assistant
		SB3421	- 55 -	LRB104 16644 AAS 30047 b
1pharmacist under the Pharmacy Practice Act.
2    (ii) "Pharmacy" means any store, ship or other place in
3which pharmacy is authorized to be practiced under the
4Pharmacy Practice Act.
5    (ii-5) "Pharmacy shopping" means the conduct prohibited
6under subsection (b) of Section 314.5 of this Act.
7    (ii-10) "Physician" (except when the context otherwise
8requires) means a person licensed to practice medicine in all
9of its branches.
10    (jj) "Poppy straw" means all parts, except the seeds, of
11the opium poppy, after mowing.
12    (kk) "Practitioner" means a physician licensed to practice
13medicine in all its branches, dentist, optometrist, podiatric
14physician, veterinarian, scientific investigator, pharmacist,
15physician assistant, advanced practice registered nurse,
16licensed practical nurse, registered nurse, emergency medical
17services personnel, hospital, laboratory, or pharmacy, or
18other person licensed, registered, or otherwise lawfully
19permitted by the United States or this State to distribute,
20dispense, conduct research with respect to, administer or use
21in teaching or chemical analysis, a controlled substance in
22the course of professional practice or research.
23    (ll) "Pre-printed prescription" means a written
24prescription upon which the designated drug has been indicated
25prior to the time of issuance; the term does not mean a written
26prescription that is individually generated by machine or
		SB3421	- 56 -	LRB104 16644 AAS 30047 b
1computer in the prescriber's office.
2    (mm) "Prescriber" means a physician licensed to practice
3medicine in all its branches, dentist, optometrist,
4prescribing psychologist licensed under Section 4.2 of the
5Clinical Psychologist Licensing Act with prescriptive
6authority delegated under Section 4.3 of the Clinical
7Psychologist Licensing Act, podiatric physician, or
8veterinarian who issues a prescription, a physician assistant
9who issues a prescription for a controlled substance in
10accordance with Section 303.05, [a written delegation, and a ]
11[written collaborative agreement required under Section 7.5 of ]
12[the Physician Assistant Practice Act of 1987,] an advanced
13practice registered nurse with prescriptive authority
14delegated under Section 65-40 of the Nurse Practice Act and in
15accordance with Section 303.05, a written delegation, and a
16written collaborative agreement under Section 65-35 of the
17Nurse Practice Act, an advanced practice registered nurse
18certified as a nurse practitioner, nurse midwife, or clinical
19nurse specialist who has been granted authority to prescribe
20by a hospital affiliate in accordance with Section 65-45 of
21the Nurse Practice Act and in accordance with Section 303.05,
22or an advanced practice registered nurse certified as a nurse
23practitioner, nurse midwife, or clinical nurse specialist who
24has full practice authority pursuant to Section 65-43 of the
25Nurse Practice Act.
26    (nn) "Prescription" means a written, facsimile, or oral
		SB3421	- 57 -	LRB104 16644 AAS 30047 b
1order, or an electronic order that complies with applicable
2federal requirements, of a physician licensed to practice
3medicine in all its branches, dentist, podiatric physician or
4veterinarian for any controlled substance, of an optometrist
5in accordance with Section 15.1 of the Illinois Optometric
6Practice Act of 1987, of a prescribing psychologist licensed
7under Section 4.2 of the Clinical Psychologist Licensing Act
8with prescriptive authority delegated under Section 4.3 of the
9Clinical Psychologist Licensing Act, of a physician assistant
10for a controlled substance in accordance with Section 303.05,
11a written delegation, and a written collaborative agreement
12required under Section 7.5 of the Physician Assistant Practice
13Act of 1987, of an advanced practice registered nurse with
14prescriptive authority delegated under Section 65-40 of the
15Nurse Practice Act who issues a prescription for a controlled
16substance in accordance with Section 303.05, a written
17delegation, and a written collaborative agreement under
18Section 65-35 of the Nurse Practice Act, of an advanced
19practice registered nurse certified as a nurse practitioner,
20nurse midwife, or clinical nurse specialist who has been
21granted authority to prescribe by a hospital affiliate in
22accordance with Section 65-45 of the Nurse Practice Act and in
23accordance with Section 303.05 when required by law, or of an
24advanced practice registered nurse certified as a nurse
25practitioner, nurse midwife, or clinical nurse specialist who
26has full practice authority pursuant to Section 65-43 of the
		SB3421	- 58 -	LRB104 16644 AAS 30047 b
1Nurse Practice Act.
2    (nn-5) "Prescription Information Library" (PIL) means an
3electronic library that contains reported controlled substance
4data.
5    (nn-10) "Prescription Monitoring Program" (PMP) means the
6entity that collects, tracks, and stores reported data on
7controlled substances and select drugs pursuant to Section
8316.
9    (oo) "Production" or "produce" means manufacture,
10planting, cultivating, growing, or harvesting of a controlled
11substance other than methamphetamine.
12    (pp) "Registrant" means every person who is required to
13register under Section 302 of this Act.
14    (qq) "Registry number" means the number assigned to each
15person authorized to handle controlled substances under the
16laws of the United States and of this State.
17    (qq-5) "Secretary" means, as the context requires, either
18the Secretary of the Department or the Secretary of the
19Department of Financial and Professional Regulation, and the
20Secretary's designated agents.
21    (rr) "State" includes the State of Illinois and any state,
22district, commonwealth, territory, insular possession thereof,
23and any area subject to the legal authority of the United
24States of America.
25    (rr-5) "Stimulant" means any drug that (i) causes an
26overall excitation of central nervous system functions, (ii)
		SB3421	- 59 -	LRB104 16644 AAS 30047 b
1causes impaired consciousness and awareness, and (iii) can be
2habit-forming or lead to a substance use disorder, including,
3but not limited to, amphetamines and their analogs,
4methylphenidate and its analogs, cocaine, and phencyclidine
5and its analogs.
6    (rr-10) "Synthetic drug" includes, but is not limited to,
7any synthetic cannabinoids or piperazines or any synthetic
8cathinones as provided for in Schedule I.
9    (ss) "Ultimate user" means a person who lawfully possesses
10a controlled substance for his or her own use or for the use of
11a member of his or her household or for administering to an
12animal owned by him or her or by a member of his or her
13household.
14(Source: P.A. 102-389, eff. 1-1-22; 102-538, eff. 8-20-21;
15102-813, eff. 5-13-22; 103-881, eff. 1-1-25.)
16    (720 ILCS 570/303.05)
17    Sec. 303.05. Mid-level practitioner registration.
18    (a) The Department of Financial and Professional
19Regulation shall register licensed physician assistants,
20licensed advanced practice registered nurses, and prescribing
21psychologists licensed under Section 4.2 of the Clinical
22Psychologist Licensing Act to prescribe and dispense
23controlled substances under Section 303 and euthanasia
24agencies to purchase, store, or administer animal euthanasia
25drugs under the following circumstances:
		SB3421	- 60 -	LRB104 16644 AAS 30047 b
1        (1) with respect to physician assistants,
2            [(A) the physician assistant has been delegated ]
3        [written authority to prescribe any Schedule III ]
4        [through V controlled substances by a physician ]
5        [licensed to practice medicine in all its branches in ]
6        [accordance with Section 7.5 of the Physician Assistant ]
7        [Practice Act of 1987; and the physician assistant has ]
8        [completed the appropriate application forms and has ]
9        [paid the required fees as set by rule; or]
10            [(B) the physician assistant has been delegated ]
11        [authority by a collaborating physician licensed to ]
12        [practice medicine in all its branches to prescribe or ]
13        [dispense Schedule II controlled substances through a ]
14        [written delegation of authority and under the ]
15        [following conditions:]
16                [(i) Specific Schedule II controlled substances ]
17            [by oral dosage or topical or transdermal ]
18            [application may be delegated, provided that the ]
19            [delegated Schedule II controlled substances are ]
20            [routinely prescribed by the collaborating ]
21            [physician. This delegation must identify the ]
22            [specific Schedule II controlled substances by ]
23            [either brand name or generic name. Schedule II ]
24            [controlled substances to be delivered by injection ]
25            [or other route of administration may not be ]
26            [delegated;]
		SB3421	- 61 -	LRB104 16644 AAS 30047 b
1                [(ii) any delegation must be of controlled ]
2            [substances prescribed by the collaborating ]
3            [physician;]
4                [(iii) all prescriptions must be limited to no ]
5            [more than a 30-day supply, with any continuation ]
6            [authorized only after prior approval of the ]
7            [collaborating physician;]
8                [(iv) the physician assistant must discuss the ]
9            [condition of any patients for whom a controlled ]
10            [substance is prescribed monthly with the ]
11            [delegating physician;]
12            (A) [(v)] the physician assistant must have
13        completed the appropriate application forms and paid
14        the required fees as set by rule;
15            (B) [(vi)] the physician assistant must provide
16        evidence of satisfactory completion of 45 contact
17        hours in pharmacology from any physician assistant
18        program accredited by the Accreditation Review
19        Commission on Education for the Physician Assistant
20        (ARC-PA), or its predecessor agency, for any new
21        license issued with Schedule II authority after the
22        effective date of this amendatory Act of the 97th
23        General Assembly; and
24            (C) [(vii)] the physician assistant must annually
25        complete at least 5 hours of continuing education in
26        pharmacology;
		SB3421	- 62 -	LRB104 16644 AAS 30047 b
1        (2) with respect to advanced practice registered
2    nurses who do not meet the requirements of Section 65-43
3    of the Nurse Practice Act,
4            (A) the advanced practice registered nurse has
5        been delegated authority to prescribe any Schedule III
6        through V controlled substances by a collaborating
7        physician licensed to practice medicine in all its
8        branches or a collaborating podiatric physician in
9        accordance with Section 65-40 of the Nurse Practice
10        Act. The advanced practice registered nurse has
11        completed the appropriate application forms and has
12        paid the required fees as set by rule; or
13            (B) the advanced practice registered nurse has
14        been delegated authority by a collaborating physician
15        licensed to practice medicine in all its branches to
16        prescribe or dispense Schedule II controlled
17        substances through a written delegation of authority
18        and under the following conditions:
19                (i) specific Schedule II controlled substances
20            by oral dosage or topical or transdermal
21            application may be delegated, provided that the
22            delegated Schedule II controlled substances are
23            routinely prescribed by the collaborating
24            physician. This delegation must identify the
25            specific Schedule II controlled substances by
26            either brand name or generic name. Schedule II
		SB3421	- 63 -	LRB104 16644 AAS 30047 b
1            controlled substances to be delivered by injection
2            or other route of administration may not be
3            delegated;
4                (ii) any delegation must be of controlled
5            substances prescribed by the collaborating
6            physician;
7                (iii) all prescriptions must be limited to no
8            more than a 30-day supply, with any continuation
9            authorized only after prior approval of the
10            collaborating physician;
11                (iv) the advanced practice registered nurse
12            must discuss the condition of any patients for
13            whom a controlled substance is prescribed monthly
14            with the delegating physician or in the course of
15            review as required by Section 65-40 of the Nurse
16            Practice Act;
17                (v) the advanced practice registered nurse
18            must have completed the appropriate application
19            forms and paid the required fees as set by rule;
20                (vi) the advanced practice registered nurse
21            must provide evidence of satisfactory completion
22            of at least 45 graduate contact hours in
23            pharmacology for any new license issued with
24            Schedule II authority after the effective date of
25            this amendatory Act of the 97th General Assembly;
26            and
		SB3421	- 64 -	LRB104 16644 AAS 30047 b
1                (vii) the advanced practice registered nurse
2            must annually complete 5 hours of continuing
3            education in pharmacology;
4        (2.5) with respect to advanced practice registered
5    nurses certified as nurse practitioners, nurse midwives,
6    or clinical nurse specialists who do not meet the
7    requirements of Section 65-43 of the Nurse Practice Act
8    practicing in a hospital affiliate,
9            (A) the advanced practice registered nurse
10        certified as a nurse practitioner, nurse midwife, or
11        clinical nurse specialist has been privileged to
12        prescribe any Schedule II through V controlled
13        substances by the hospital affiliate upon the
14        recommendation of the appropriate physician committee
15        of the hospital affiliate in accordance with Section
16        65-45 of the Nurse Practice Act, has completed the
17        appropriate application forms, and has paid the
18        required fees as set by rule; and
19            (B) an advanced practice registered nurse
20        certified as a nurse practitioner, nurse midwife, or
21        clinical nurse specialist has been privileged to
22        prescribe any Schedule II controlled substances by the
23        hospital affiliate upon the recommendation of the
24        appropriate physician committee of the hospital
25        affiliate, then the following conditions must be met:
26                (i) specific Schedule II controlled substances
		SB3421	- 65 -	LRB104 16644 AAS 30047 b
1            by oral dosage or topical or transdermal
2            application may be designated, provided that the
3            designated Schedule II controlled substances are
4            routinely prescribed by advanced practice
5            registered nurses in their area of certification;
6            the privileging documents must identify the
7            specific Schedule II controlled substances by
8            either brand name or generic name; privileges to
9            prescribe or dispense Schedule II controlled
10            substances to be delivered by injection or other
11            route of administration may not be granted;
12                (ii) any privileges must be controlled
13            substances limited to the practice of the advanced
14            practice registered nurse;
15                (iii) any prescription must be limited to no
16            more than a 30-day supply;
17                (iv) the advanced practice registered nurse
18            must discuss the condition of any patients for
19            whom a controlled substance is prescribed monthly
20            with the appropriate physician committee of the
21            hospital affiliate or its physician designee; and
22                (v) the advanced practice registered nurse
23            must meet the education requirements of this
24            Section;
25        (3) with respect to animal euthanasia agencies, the
26    euthanasia agency has obtained a license from the
		SB3421	- 66 -	LRB104 16644 AAS 30047 b
1    Department of Financial and Professional Regulation and
2    obtained a registration number from the Department; or
3        (4) with respect to prescribing psychologists, the
4    prescribing psychologist has been delegated authority to
5    prescribe any nonnarcotic Schedule III through V
6    controlled substances by a collaborating physician
7    licensed to practice medicine in all its branches in
8    accordance with Section 4.3 of the Clinical Psychologist
9    Licensing Act, and the prescribing psychologist has
10    completed the appropriate application forms and has paid
11    the required fees as set by rule.
12    (b) The mid-level practitioner shall only be licensed to
13prescribe those schedules of controlled substances for which a
14licensed physician has delegated prescriptive authority,
15except that an animal euthanasia agency does not have any
16prescriptive authority and a physician assistant shall have 
17prescriptive authority in accordance with the Physician 
18Assistant Practice Act of 1987 without delegation by a 
19physician. An [A physician assistant and an] advanced practice
20registered nurse is [are] prohibited from prescribing
21medications and controlled substances not set forth in the
22required written delegation of authority or as authorized by
23their practice Act.
24    (c) Upon completion of all registration requirements,
25physician assistants, advanced practice registered nurses, and
26animal euthanasia agencies may be issued a mid-level
		SB3421	- 67 -	LRB104 16644 AAS 30047 b
1practitioner controlled substances license for Illinois.
2    (d) A collaborating physician may, but is not required to,
3delegate prescriptive authority to an advanced practice
4registered nurse as part of a written collaborative agreement,
5and the delegation of prescriptive authority shall conform to
6the requirements of Section 65-40 of the Nurse Practice Act.
7    (e) (Blank). [A collaborating physician may, but is not ]
8[required to, delegate prescriptive authority to a physician ]
9[assistant as part of a written collaborative agreement, and ]
10[the delegation of prescriptive authority shall conform to the ]
11[requirements of Section 7.5 of the Physician Assistant ]
12[Practice Act of 1987.]
13    (f) Nothing in this Section shall be construed to prohibit
14generic substitution.
15(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
16100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
17    Section 95. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other
23Public Act.