Public Act 099-0173

HB0421 Enrolled LRB099 05828 HAF 25872 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Illinois Identification Card Act is amended

by changing Section 4 as follows:

(15 ILCS 335/4) (from Ch. 124, par. 24)

Sec. 4. Identification Card.

(a) The Secretary of State shall issue a standard Illinois

Identification Card to any natural person who is a resident of

the State of Illinois who applies for such card, or renewal

thereof, or who applies for a standard Illinois Identification

Card upon release as a committed person on parole, mandatory

supervised release, aftercare release, final discharge, or

pardon from the Department of Corrections or Department of

Juvenile Justice by submitting an identification card issued by

the Department of Corrections or Department of Juvenile Justice

under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of

Corrections, together with the prescribed fees. No

identification card shall be issued to any person who holds a

valid foreign state identification card, license, or permit

unless the person first surrenders to the Secretary of State

the valid foreign state identification card, license, or

permit. The card shall be prepared and supplied by the

Secretary of State and shall include a photograph and signature

or mark of the applicant. However, the Secretary of State may

provide by rule for the issuance of Illinois Identification

Cards without photographs if the applicant has a bona fide

religious objection to being photographed or to the display of

his or her photograph. The Illinois Identification Card may be

used for identification purposes in any lawful situation only

by the person to whom it was issued. As used in this Act,

"photograph" means any color photograph or digitally produced

and captured image of an applicant for an identification card.

As used in this Act, "signature" means the name of a person as

written by that person and captured in a manner acceptable to

the Secretary of State.

(a-5) If an applicant for an identification card has a

current driver's license or instruction permit issued by the

Secretary of State, the Secretary may require the applicant to

utilize the same residence address and name on the

identification card, driver's license, and instruction permit

records maintained by the Secretary. The Secretary may

promulgate rules to implement this provision.

(a-10) If the applicant is a judicial officer as defined in

Section 1-10 of the Judicial Privacy Act or a peace officer,

the applicant may elect to have his or her office or work

address listed on the card instead of the applicant's residence

or mailing address. The Secretary may promulgate rules to

implement this provision. For the purposes of this subsection

(a-10), "peace officer" means any person who by virtue of his

or her office or public employment is vested by law with a duty

to maintain public order or to make arrests for a violation of

any penal statute of this State, whether that duty extends to

all violations or is limited to specific violations.

(b) The Secretary of State shall issue a special Illinois

Identification Card, which shall be known as an Illinois Person

with a Disability Identification Card, to any natural person

who is a resident of the State of Illinois, who is a person

with a disability as defined in Section 4A of this Act, who

applies for such card, or renewal thereof. No Illinois Person

with a Disability Identification Card shall be issued to any

person who holds a valid foreign state identification card,

license, or permit unless the person first surrenders to the

Secretary of State the valid foreign state identification card,

license, or permit. The Secretary of State shall charge no fee

to issue such card. The card shall be prepared and supplied by

the Secretary of State, and shall include a photograph and

signature or mark of the applicant, a designation indicating

that the card is an Illinois Person with a Disability

Identification Card, and shall include a comprehensible

designation of the type and classification of the applicant's

disability as set out in Section 4A of this Act. However, the

Secretary of State may provide by rule for the issuance of

Illinois Person with a Disability Identification Cards without

photographs if the applicant has a bona fide religious

objection to being photographed or to the display of his or her

photograph. If the applicant so requests, the card shall

include a description of the applicant's disability and any

information about the applicant's disability or medical

history which the Secretary determines would be helpful to the

applicant in securing emergency medical care. If a mark is used

in lieu of a signature, such mark shall be affixed to the card

in the presence of two witnesses who attest to the authenticity

of the mark. The Illinois Person with a Disability

Identification Card may be used for identification purposes in

any lawful situation by the person to whom it was issued.

The Illinois Person with a Disability Identification Card

may be used as adequate documentation of disability in lieu of

a physician's determination of disability, a determination of

disability from a physician assistant who has been delegated

the authority to make this determination by his or her

supervising physician, a determination of disability from an

advanced practice nurse who has a written collaborative

agreement with a collaborating physician that authorizes the

advanced practice nurse to make this determination, or any

other documentation of disability whenever any State law

requires that a disabled person provide such documentation of

disability, however an Illinois Person with a Disability

Identification Card shall not qualify the cardholder to

participate in any program or to receive any benefit which is

not available to all persons with like disabilities.

Notwithstanding any other provisions of law, an Illinois Person

with a Disability Identification Card, or evidence that the

Secretary of State has issued an Illinois Person with a

Disability Identification Card, shall not be used by any person

other than the person named on such card to prove that the

person named on such card is a disabled person or for any other

purpose unless the card is used for the benefit of the person

named on such card, and the person named on such card consents

to such use at the time the card is so used.

An optometrist's determination of a visual disability

under Section 4A of this Act is acceptable as documentation for

the purpose of issuing an Illinois Person with a Disability

Identification Card.

When medical information is contained on an Illinois Person

with a Disability Identification Card, the Office of the

Secretary of State shall not be liable for any actions taken

based upon that medical information.

(c) The Secretary of State shall provide that each original

or renewal Illinois Identification Card or Illinois Person with

a Disability Identification Card issued to a person under the

age of 21 shall be of a distinct nature from those Illinois

Identification Cards or Illinois Person with a Disability

Identification Cards issued to individuals 21 years of age or

older. The color designated for Illinois Identification Cards

or Illinois Person with a Disability Identification Cards for

persons under the age of 21 shall be at the discretion of the

Secretary of State.

(c-1) Each original or renewal Illinois Identification

Card or Illinois Person with a Disability Identification Card

issued to a person under the age of 21 shall display the date

upon which the person becomes 18 years of age and the date upon

which the person becomes 21 years of age.

(c-3) The General Assembly recognizes the need to identify

military veterans living in this State for the purpose of

ensuring that they receive all of the services and benefits to

which they are legally entitled, including healthcare,

education assistance, and job placement. To assist the State in

identifying these veterans and delivering these vital services

and benefits, the Secretary of State is authorized to issue

Illinois Identification Cards and Illinois Person with a

Disability Identification Cards with the word "veteran"

appearing on the face of the cards. This authorization is

predicated on the unique status of veterans. The Secretary may

not issue any other identification card which identifies an

occupation, status, affiliation, hobby, or other unique

characteristics of the identification card holder which is

unrelated to the purpose of the identification card.

(c-5) Beginning on or before July 1, 2015, the Secretary of

State shall designate a space on each original or renewal

identification card where, at the request of the applicant, the

word "veteran" shall be placed. The veteran designation shall

be available to a person identified as a veteran under

subsection (b) of Section 5 of this Act who was discharged or

separated under honorable conditions.

(d) The Secretary of State may issue a Senior Citizen

discount card, to any natural person who is a resident of the

State of Illinois who is 60 years of age or older and who

applies for such a card or renewal thereof. The Secretary of

State shall charge no fee to issue such card. The card shall be

issued in every county and applications shall be made available

at, but not limited to, nutrition sites, senior citizen centers

and Area Agencies on Aging. The applicant, upon receipt of such

card and prior to its use for any purpose, shall have affixed

thereon in the space provided therefor his signature or mark.

(e) The Secretary of State, in his or her discretion, may

designate on each Illinois Identification Card or Illinois

Person with a Disability Identification Card a space where the

card holder may place a sticker or decal, issued by the

Secretary of State, of uniform size as the Secretary may

specify, that shall indicate in appropriate language that the

card holder has renewed his or her Illinois Identification Card

or Illinois Person with a Disability Identification Card.

(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,

eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,

eff. 8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)

Section 10. The Alcoholism and Other Drug Abuse and

Dependency Act is amended by changing Section 5-23 as follows:

(20 ILCS 301/5-23)

Sec. 5-23. Drug Overdose Prevention Program.

(a) Reports of drug overdose.

(1) The Director of the Division of Alcoholism and

Substance Abuse may publish annually a report on drug

overdose trends statewide that reviews State death rates

from available data to ascertain changes in the causes or

rates of fatal and nonfatal drug overdose for the preceding

period of not less than 5 years. The report shall also

provide information on interventions that would be

effective in reducing the rate of fatal or nonfatal drug

overdose.

(2) The report may include:

(A) Trends in drug overdose death rates.

(B) Trends in emergency room utilization related

to drug overdose and the cost impact of emergency room

utilization.

(C) Trends in utilization of pre-hospital and

emergency services and the cost impact of emergency

services utilization.

(D) Suggested improvements in data collection.

(E) A description of other interventions effective

in reducing the rate of fatal or nonfatal drug

overdose.

(b) Programs; drug overdose prevention.

(1) The Director may establish a program to provide for

the production and publication, in electronic and other

formats, of drug overdose prevention, recognition, and

response literature. The Director may develop and

disseminate curricula for use by professionals,

organizations, individuals, or committees interested in

the prevention of fatal and nonfatal drug overdose,

including, but not limited to, drug users, jail and prison

personnel, jail and prison inmates, drug treatment

professionals, emergency medical personnel, hospital

staff, families and associates of drug users, peace

officers, firefighters, public safety officers, needle

exchange program staff, and other persons. In addition to

information regarding drug overdose prevention,

recognition, and response, literature produced by the

Department shall stress that drug use remains illegal and

highly dangerous and that complete abstinence from illegal

drug use is the healthiest choice. The literature shall

provide information and resources for substance abuse

treatment.

The Director may establish or authorize programs for

prescribing, dispensing, or distributing naloxone

hydrochloride or any other similarly acting and equally

safe drug approved by the U.S. Food and Drug Administration

for the treatment of drug overdose. Such programs may

include the prescribing of naloxone hydrochloride or any

other similarly acting and equally safe drug approved by

the U.S. Food and Drug Administration for the treatment of

drug overdose to and education about administration by

individuals who are not personally at risk of opioid

overdose.

(2) The Director may provide advice to State and local

officials on the growing drug overdose crisis, including

the prevalence of drug overdose incidents, trends in drug

overdose incidents, and solutions to the drug overdose

crisis.

(c) Grants.

(1) The Director may award grants, in accordance with

this subsection, to create or support local drug overdose

prevention, recognition, and response projects. Local

health departments, correctional institutions, hospitals,

universities, community-based organizations, and

faith-based organizations may apply to the Department for a

grant under this subsection at the time and in the manner

the Director prescribes.

(2) In awarding grants, the Director shall consider the

necessity for overdose prevention projects in various

settings and shall encourage all grant applicants to

develop interventions that will be effective and viable in

their local areas.

(3) The Director shall give preference for grants to

proposals that, in addition to providing life-saving

interventions and responses, provide information to drug

users on how to access drug treatment or other strategies

for abstaining from illegal drugs. The Director shall give

preference to proposals that include one or more of the

following elements:

(A) Policies and projects to encourage persons,

including drug users, to call 911 when they witness a

potentially fatal drug overdose.

(B) Drug overdose prevention, recognition, and

response education projects in drug treatment centers,

outreach programs, and other organizations that work

with, or have access to, drug users and their families

and communities.

(C) Drug overdose recognition and response

training, including rescue breathing, in drug

treatment centers and for other organizations that

work with, or have access to, drug users and their

families and communities.

(D) The production and distribution of targeted or

mass media materials on drug overdose prevention and

response.

(E) Prescription and distribution of naloxone

hydrochloride or any other similarly acting and

equally safe drug approved by the U.S. Food and Drug

Administration for the treatment of drug overdose.

(F) The institution of education and training

projects on drug overdose response and treatment for

emergency services and law enforcement personnel.

(G) A system of parent, family, and survivor

education and mutual support groups.

(4) In addition to moneys appropriated by the General

Assembly, the Director may seek grants from private

foundations, the federal government, and other sources to

fund the grants under this Section and to fund an

evaluation of the programs supported by the grants.

(d) Health care professional prescription of drug overdose

treatment medication.

(1) A health care professional who, acting in good

faith, directly or by standing order, prescribes or

dispenses an opioid antidote to a patient who, in the

judgment of the health care professional, is capable of

administering the drug in an emergency, shall not, as a

result of his or her acts or omissions, be subject to

disciplinary or other adverse action under the Medical

Practice Act of 1987, the Physician Assistant Practice Act

of 1987, the Nurse Practice Act, the Pharmacy Practice Act,

or any other professional licensing statute.

(2) A person who is not otherwise licensed to

administer an opioid antidote may in an emergency

administer without fee an opioid antidote if the person has

received the patient information specified in paragraph

(4) of this subsection and believes in good faith that

another person is experiencing a drug overdose. The person

shall not, as a result of his or her acts or omissions, be

liable for any violation of the Medical Practice Act of

1987, the Physician Assistant Practice Act of 1987, the

Nurse Practice Act, the Pharmacy Practice Act, or any other

professional licensing statute, or subject to any criminal

prosecution arising from or related to the unauthorized

practice of medicine or the possession of an opioid

antidote.

(3) A health care professional prescribing an opioid

antidote to a patient shall ensure that the patient

receives the patient information specified in paragraph

(4) of this subsection. Patient information may be provided

by the health care professional or a community-based

organization, substance abuse program, or other

organization with which the health care professional

establishes a written agreement that includes a

description of how the organization will provide patient

information, how employees or volunteers providing

information will be trained, and standards for documenting

the provision of patient information to patients.

Provision of patient information shall be documented in the

patient's medical record or through similar means as

determined by agreement between the health care

professional and the organization. The Director of the

Division of Alcoholism and Substance Abuse, in

consultation with statewide organizations representing

physicians, advanced practice nurses, physician

assistants, substance abuse programs, and other interested

groups, shall develop and disseminate to health care

professionals, community-based organizations, substance

abuse programs, and other organizations training materials

in video, electronic, or other formats to facilitate the

provision of such patient information.

(4) For the purposes of this subsection:

"Opioid antidote" means naloxone hydrochloride or any

other similarly acting and equally safe drug approved by

the U.S. Food and Drug Administration for the treatment of

drug overdose.

"Health care professional" means a physician licensed

to practice medicine in all its branches, a licensed

physician assistant who has been delegated the

prescription or dispensation of an opioid antidote by his

or her supervising physician, a licensed an advanced

practice registered nurse who has a written collaborative

agreement with a collaborating physician that authorizes

the prescription or dispensation of an opioid antidote, or

an advanced practice nurse who practices in a hospital or

ambulatory surgical treatment center and possesses

appropriate clinical privileges in accordance with the

Nurse Practice Act.

"Patient" includes a person who is not at risk of

opioid overdose but who, in the judgment of the physician,

may be in a position to assist another individual during an

overdose and who has received patient information as

required in paragraph (2) of this subsection on the

indications for and administration of an opioid antidote.

"Patient information" includes information provided to

the patient on drug overdose prevention and recognition;

how to perform rescue breathing and resuscitation; opioid

antidote dosage and administration; the importance of

calling 911; care for the overdose victim after

administration of the overdose antidote; and other issues

as necessary.

(Source: P.A. 96-361, eff. 1-1-10.)

Section 15. The School Code is amended by changing Sections

22-30, 24-5, 24-6, 26-1, and 27-8.1 as follows:

(105 ILCS 5/22-30)

Sec. 22-30. Self-administration and self-carry of asthma

medication and epinephrine auto-injectors; administration of

undesignated epinephrine auto-injectors.

(a) For the purpose of this Section only, the following

terms shall have the meanings set forth below:

"Asthma inhaler" means a quick reliever asthma inhaler.

"Epinephrine auto-injector" means a single-use device used

for the automatic injection of a pre-measured dose of

epinephrine into the human body.

"Asthma medication" means a medicine, prescribed by (i) a

physician licensed to practice medicine in all its branches,

(ii) a licensed physician assistant who has been delegated the

authority to prescribe asthma medications by his or her

supervising physician, or (iii) a licensed an advanced practice

nurse who has a written collaborative agreement with a

collaborating physician that delegates the authority to

prescribe asthma medications, for a pupil that pertains to the

pupil's asthma and that has an individual prescription label.

"School nurse" means a registered nurse working in a school

with or without licensure endorsed in school nursing.

"Self-administration" means a pupil's discretionary use of

his or her prescribed asthma medication or epinephrine

auto-injector.

"Self-carry" means a pupil's ability to carry his or her

prescribed asthma medication or epinephrine auto-injector.

"Standing protocol" may be issued by (i) a physician

licensed to practice medicine in all its branches, (ii) a

licensed physician assistant who has been delegated the

authority to prescribe asthma medications or epinephrine

auto-injectors by his or her supervising physician, or (iii) a

licensed an advanced practice nurse who has a collaborative

agreement with a collaborating physician that delegates

authority to issue a standing protocol for asthma medications

or epinephrine auto-injectors.

"Trained personnel" means any school employee or volunteer

personnel authorized in Sections 10-22.34, 10-22.34a, and

10-22.34b of this Code who has completed training under

subsection (g) of this Section to recognize and respond to

anaphylaxis.

"Undesignated epinephrine auto-injector" means an

epinephrine auto-injector prescribed in the name of a school

district, public school, or nonpublic school.

(b) A school, whether public or nonpublic, must permit the

self-administration and self-carry of asthma medication by a

pupil with asthma or the self-administration and self-carry of

an epinephrine auto-injector by a pupil, provided that:

(1) the parents or guardians of the pupil provide to

the school (i) written authorization from the parents or

guardians for (A) the self-administration and self-carry

of asthma medication or (B) the self-carry of asthma

medication or (ii) for (A) the self-administration and

self-carry of an epinephrine auto-injector or (B) the

self-carry of an epinephrine auto-injector, written

authorization from the pupil's physician, physician

assistant, or advanced practice nurse; and

(2) the parents or guardians of the pupil provide to

the school (i) the prescription label, which must contain

the name of the asthma medication, the prescribed dosage,

and the time at which or circumstances under which the

asthma medication is to be administered, or (ii) for the

self-administration or self-carry of an epinephrine

auto-injector, a written statement from the pupil's

physician, physician assistant, or advanced practice nurse

containing the following information:

(A) the name and purpose of the epinephrine

auto-injector;

(B) the prescribed dosage; and

(C) the time or times at which or the special

circumstances under which the epinephrine

auto-injector is to be administered.

The information provided shall be kept on file in the office of

the school nurse or, in the absence of a school nurse, the

school's administrator.

(b-5) A school district, public school, or nonpublic school

may authorize the provision of a student-specific or

undesignated epinephrine auto-injector to a student or any

personnel authorized under a student's Individual Health Care

Action Plan, Illinois Food Allergy Emergency Action Plan and

Treatment Authorization Form, or plan pursuant to Section 504

of the federal Rehabilitation Act of 1973 to administer an

epinephrine auto-injector to the student, that meets the

student's prescription on file.

(b-10) The school district, public school, or nonpublic

school may authorize a school nurse or trained personnel to do

the following: (i) provide an undesignated epinephrine

auto-injector to a student for self-administration only or any

personnel authorized under a student's Individual Health Care

Action Plan, Illinois Food Allergy Emergency Action Plan and

Treatment Authorization Form, or plan pursuant to Section 504

of the federal Rehabilitation Act of 1973 to administer to the

student, that meets the student's prescription on file; (ii)

administer an undesignated epinephrine auto-injector that

meets the prescription on file to any student who has an

Individual Health Care Action Plan, Illinois Food Allergy

Emergency Action Plan and Treatment Authorization Form, or plan

pursuant to Section 504 of the federal Rehabilitation Act of

1973 that authorizes the use of an epinephrine auto-injector;

and (iii) administer an undesignated epinephrine auto-injector

to any person that the school nurse or trained personnel in

good faith believes is having an anaphylactic reaction.

(c) The school district, public school, or nonpublic school

must inform the parents or guardians of the pupil, in writing,

that the school district, public school, or nonpublic school

and its employees and agents, including a physician, physician

assistant, or advanced practice nurse providing standing

protocol or prescription for school epinephrine

auto-injectors, are to incur no liability or professional

discipline, except for willful and wanton conduct, as a result

of any injury arising from the administration of asthma

medication or of an epinephrine auto-injector regardless of

whether authorization was given by the pupil's parents or

guardians or by the pupil's physician, physician assistant, or

advanced practice nurse. The parents or guardians of the pupil

must sign a statement acknowledging that the school district,

public school, or nonpublic school and its employees and agents

are to incur no liability, except for willful and wanton

conduct, as a result of any injury arising from the

administration of asthma medication or of an epinephrine

auto-injector regardless of whether authorization was given by

the pupil's parents or guardians or by the pupil's physician,

physician assistant, or advanced practice nurse and that the

parents or guardians must indemnify and hold harmless the

school district, public school, or nonpublic school and its

employees and agents against any claims, except a claim based

on willful and wanton conduct, arising out of the

administration of asthma medication or of an epinephrine

auto-injector regardless of whether authorization was given by

the pupil's parents or guardians or by the pupil's physician,

physician assistant, or advanced practice nurse.

(c-5) Upon the effective date of this amendatory Act of the

98th General Assembly, when a school nurse or trained personnel

administers an undesignated epinephrine auto-injector to a

person whom the school nurse or trained personnel in good faith

believes is having an anaphylactic reaction, notwithstanding

the lack of notice to the parents or guardians of the pupil or

the absence of the parents or guardians signed statement

acknowledging no liability, except for willful and wanton

conduct, the school district, public school, or nonpublic

school and its employees and agents, and a physician, a

physician assistant, or an advanced practice nurse providing

standing protocol or prescription for undesignated epinephrine

auto-injectors, are to incur no liability or professional

discipline, except for willful and wanton conduct, as a result

of any injury arising from the use of an undesignated

epinephrine auto-injector regardless of whether authorization

was given by the pupil's parents or guardians or by the pupil's

physician, physician assistant, or advanced practice nurse.

(d) The permission for self-administration and self-carry

of asthma medication or the self-administration and self-carry

of an epinephrine auto-injector is effective for the school

year for which it is granted and shall be renewed each

subsequent school year upon fulfillment of the requirements of

this Section.

(e) Provided that the requirements of this Section are

fulfilled, a pupil with asthma may self-administer and

self-carry his or her asthma medication or a pupil may

self-administer and self-carry an epinephrine auto-injector

(i) while in school, (ii) while at a school-sponsored activity,

(iii) while under the supervision of school personnel, or (iv)

before or after normal school activities, such as while in

before-school or after-school care on school-operated

property.

(e-5) Provided that the requirements of this Section are

fulfilled, a school nurse or trained personnel may administer

an undesignated epinephrine auto-injector to any person whom

the school nurse or trained personnel in good faith believes to

be having an anaphylactic reaction (i) while in school, (ii)

while at a school-sponsored activity, (iii) while under the

supervision of school personnel, or (iv) before or after normal

school activities, such as while in before-school or

after-school care on school-operated property. A school nurse

or trained personnel may carry undesignated epinephrine

auto-injectors on his or her person while in school or at a

school-sponsored activity.

(f) The school district, public school, or nonpublic school

may maintain a supply of undesignated epinephrine

auto-injectors in any secure location where an allergic person

is most at risk, including, but not limited to, classrooms and

lunchrooms. A physician, a physician assistant who has been

delegated prescriptive authority for asthma medication or

epinephrine auto-injectors in accordance with Section 7.5 of

the Physician Assistant Practice Act of 1987, or an advanced

practice nurse who has been delegated prescriptive authority

for asthma medication or epinephrine auto-injectors in

accordance with Section 65-40 of the Nurse Practice Act may

prescribe undesignated epinephrine auto-injectors in the name

of the school district, public school, or nonpublic school to

be maintained for use when necessary. Any supply of epinephrine

auto-injectors shall be maintained in accordance with the

manufacturer's instructions.

(f-5) Upon any administration of an epinephrine

auto-injector, a school district, public school, or nonpublic

school must immediately activate the EMS system and notify the

student's parent, guardian, or emergency contact, if known.

(f-10) Within 24 hours of the administration of an

undesignated epinephrine auto-injector, a school district,

public school, or nonpublic school must notify the physician,

physician assistant, or advance practice nurse who provided the

standing protocol or prescription for the undesignated

epinephrine auto-injector of its use.

(g) Prior to the administration of an undesignated

epinephrine auto-injector, trained personnel must submit to

his or her school's administration proof of completion of a

training curriculum to recognize and respond to anaphylaxis

that meets the requirements of subsection (h) of this Section.

Training must be completed annually. Trained personnel must

also submit to his or her school's administration proof of

cardiopulmonary resuscitation and automated external

defibrillator certification. The school district, public

school, or nonpublic school must maintain records related to

the training curriculum and trained personnel.

(h) A training curriculum to recognize and respond to

anaphylaxis, including the administration of an undesignated

epinephrine auto-injector, may be conducted online or in

person. It must include, but is not limited to:

(1) how to recognize symptoms of an allergic reaction;

(2) a review of high-risk areas within the school and

its related facilities;

(3) steps to take to prevent exposure to allergens;

(4) how to respond to an emergency involving an

allergic reaction;

(5) how to administer an epinephrine auto-injector;

(6) how to respond to a student with a known allergy as

well as a student with a previously unknown allergy;

(7) a test demonstrating competency of the knowledge

required to recognize anaphylaxis and administer an

epinephrine auto-injector; and

(8) other criteria as determined in rules adopted

pursuant to this Section.

In consultation with statewide professional organizations

representing physicians licensed to practice medicine in all of

its branches, registered nurses, and school nurses, the Board

shall make available resource materials consistent with

criteria in this subsection (h) for educating trained personnel

to recognize and respond to anaphylaxis. The Board may take

into consideration the curriculum on this subject developed by

other states, as well as any other curricular materials

suggested by medical experts and other groups that work on

life-threatening allergy issues. The Board is not required to

create new resource materials. The Board shall make these

resource materials available on its Internet website.

(i) Within 3 days after the administration of an

undesignated epinephrine auto-injector by a school nurse,

trained personnel, or a student at a school or school-sponsored

activity, the school must report to the Board in a form and

manner prescribed by the Board the following information:

(1) age and type of person receiving epinephrine

(student, staff, visitor);

(2) any previously known diagnosis of a severe allergy;

(3) trigger that precipitated allergic episode;

(4) location where symptoms developed;

(5) number of doses administered;

(6) type of person administering epinephrine (school

nurse, trained personnel, student); and

(7) any other information required by the Board.

(j) By October 1, 2015 and every year thereafter, the Board

shall submit a report to the General Assembly identifying the

frequency and circumstances of epinephrine administration

during the preceding academic year. This report shall be

published on the Board's Internet website on the date the

report is delivered to the General Assembly.

(k) The Board may adopt rules necessary to implement this

Section.

(Source: P.A. 97-361, eff. 8-15-11; 98-795, eff. 8-1-14.)

(105 ILCS 5/24-5) (from Ch. 122, par. 24-5)

Sec. 24-5. Physical fitness and professional growth.

(a) In this Section, "employee" means any employee of a

school district, a student teacher, an employee of a contractor

that provides services to students or in schools, or any other

individual subject to the requirements of Section 10-21.9 or

34-18.5 of this Code.

(b) School boards shall require of new employees evidence

of physical fitness to perform duties assigned and freedom from

communicable disease. Such evidence shall consist of a physical

examination by a physician licensed in Illinois or any other

state to practice medicine and surgery in all its branches, a

licensed an advanced practice nurse who has a written

collaborative agreement with a collaborating physician that

authorizes the advanced practice nurse to perform health

examinations, or a licensed physician assistant who has been

delegated the authority to perform health examinations by his

or her supervising physician not more than 90 days preceding

time of presentation to the board, and the cost of such

examination shall rest with the employee. A new or existing

employee may be subject to additional health examinations,

including screening for tuberculosis, as required by rules

adopted by the Department of Public Health or by order of a

local public health official. The board may from time to time

require an examination of any employee by a physician licensed

in Illinois to practice medicine and surgery in all its

branches, a licensed an advanced practice nurse who has a

written collaborative agreement with a collaborating physician

that authorizes the advanced practice nurse to perform health

examinations, or a licensed physician assistant who has been

delegated the authority to perform health examinations by his

or her supervising physician and shall pay the expenses thereof

from school funds.

(c) School boards may require teachers in their employ to

furnish from time to time evidence of continued professional

growth.

(Source: P.A. 98-716, eff. 7-16-14.)

(105 ILCS 5/24-6)

Sec. 24-6. Sick leave. The school boards of all school

districts, including special charter districts, but not

including school districts in municipalities of 500,000 or

more, shall grant their full-time teachers, and also shall

grant such of their other employees as are eligible to

participate in the Illinois Municipal Retirement Fund under the

"600-Hour Standard" established, or under such other

eligibility participation standard as may from time to time be

established, by rules and regulations now or hereafter

promulgated by the Board of that Fund under Section 7-198 of

the Illinois Pension Code, as now or hereafter amended, sick

leave provisions not less in amount than 10 days at full pay in

each school year. If any such teacher or employee does not use

the full amount of annual leave thus allowed, the unused amount

shall be allowed to accumulate to a minimum available leave of

180 days at full pay, including the leave of the current year.

Sick leave shall be interpreted to mean personal illness,

quarantine at home, serious illness or death in the immediate

family or household, or birth, adoption, or placement for

adoption. The school board may require a certificate from a

physician licensed in Illinois to practice medicine and surgery

in all its branches, a chiropractic physician licensed under

the Medical Practice Act of 1987, a licensed an advanced

practice nurse who has a written collaborative agreement with a

collaborating physician that authorizes the advanced practice

nurse to perform health examinations, a licensed physician

assistant who has been delegated the authority to perform

health examinations by his or her supervising physician, or, if

the treatment is by prayer or spiritual means, a spiritual

adviser or practitioner of the teacher's or employee's faith as

a basis for pay during leave after an absence of 3 days for

personal illness or 30 days for birth or as the school board

may deem necessary in other cases. If the school board does

require a certificate as a basis for pay during leave of less

than 3 days for personal illness, the school board shall pay,

from school funds, the expenses incurred by the teachers or

other employees in obtaining the certificate. For paid leave

for adoption or placement for adoption, the school board may

require that the teacher or other employee provide evidence

that the formal adoption process is underway, and such leave is

limited to 30 days unless a longer leave has been negotiated

with the exclusive bargaining representative.

If, by reason of any change in the boundaries of school

districts, or by reason of the creation of a new school

district, the employment of a teacher is transferred to a new

or different board, the accumulated sick leave of such teacher

is not thereby lost, but is transferred to such new or

different district.

For purposes of this Section, "immediate family" shall

include parents, spouse, brothers, sisters, children,

grandparents, grandchildren, parents-in-law, brothers-in-law,

sisters-in-law, and legal guardians.

(Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09;

96-367, eff. 8-13-09; 96-1000, eff. 7-2-10.)

(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)

Sec. 26-1. Compulsory school age-Exemptions. Whoever has

custody or control of any child (i) between the ages of 7 and

17 years (unless the child has already graduated from high

school) for school years before the 2014-2015 school year or

(ii) between the ages of 6 (on or before September 1) and 17

years (unless the child has already graduated from high school)

beginning with the 2014-2015 school year shall cause such child

to attend some public school in the district wherein the child

resides the entire time it is in session during the regular

school term, except as provided in Section 10-19.1, and during

a required summer school program established under Section

10-22.33B; provided, that the following children shall not be

required to attend the public schools:

1. Any child attending a private or a parochial school

where children are taught the branches of education taught

to children of corresponding age and grade in the public

schools, and where the instruction of the child in the

branches of education is in the English language;

2. Any child who is physically or mentally unable to

attend school, such disability being certified to the

county or district truant officer by a competent physician

licensed in Illinois to practice medicine and surgery in

all its branches, a chiropractic physician licensed under

the Medical Practice Act of 1987, a licensed an advanced

practice nurse who has a written collaborative agreement

with a collaborating physician that authorizes the

advanced practice nurse to perform health examinations, a

licensed physician assistant who has been delegated the

authority to perform health examinations by his or her

supervising physician, or a Christian Science practitioner

residing in this State and listed in the Christian Science

Journal; or who is excused for temporary absence for cause

by the principal or teacher of the school which the child

attends; the exemptions in this paragraph (2) do not apply

to any female who is pregnant or the mother of one or more

children, except where a female is unable to attend school

due to a complication arising from her pregnancy and the

existence of such complication is certified to the county

or district truant officer by a competent physician;

3. Any child necessarily and lawfully employed

according to the provisions of the law regulating child

labor may be excused from attendance at school by the

county superintendent of schools or the superintendent of

the public school which the child should be attending, on

certification of the facts by and the recommendation of the

school board of the public school district in which the

child resides. In districts having part time continuation

schools, children so excused shall attend such schools at

least 8 hours each week;

4. Any child over 12 and under 14 years of age while in

attendance at confirmation classes;

5. Any child absent from a public school on a

particular day or days or at a particular time of day for

the reason that he is unable to attend classes or to

participate in any examination, study or work requirements

on a particular day or days or at a particular time of day,

because the tenets of his religion forbid secular activity

on a particular day or days or at a particular time of day.

Each school board shall prescribe rules and regulations

relative to absences for religious holidays including, but

not limited to, a list of religious holidays on which it

shall be mandatory to excuse a child; but nothing in this

paragraph 5 shall be construed to limit the right of any

school board, at its discretion, to excuse an absence on

any other day by reason of the observance of a religious

holiday. A school board may require the parent or guardian

of a child who is to be excused from attending school due

to the observance of a religious holiday to give notice,

not exceeding 5 days, of the child's absence to the school

principal or other school personnel. Any child excused from

attending school under this paragraph 5 shall not be

required to submit a written excuse for such absence after

returning to school; and

6. Any child 16 years of age or older who (i) submits

to a school district evidence of necessary and lawful

employment pursuant to paragraph 3 of this Section and (ii)

is enrolled in a graduation incentives program pursuant to

Section 26-16 of this Code or an alternative learning

opportunities program established pursuant to Article 13B

of this Code.

(Source: P.A. 98-544, eff. 7-1-14.)

(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)

Sec. 27-8.1. Health examinations and immunizations.

(1) In compliance with rules and regulations which the

Department of Public Health shall promulgate, and except as

hereinafter provided, all children in Illinois shall have a

health examination as follows: within one year prior to

entering kindergarten or the first grade of any public,

private, or parochial elementary school; upon entering the

sixth and ninth grades of any public, private, or parochial

school; prior to entrance into any public, private, or

parochial nursery school; and, irrespective of grade,

immediately prior to or upon entrance into any public, private,

or parochial school or nursery school, each child shall present

proof of having been examined in accordance with this Section

and the rules and regulations promulgated hereunder. Any child

who received a health examination within one year prior to

entering the fifth grade for the 2007-2008 school year is not

required to receive an additional health examination in order

to comply with the provisions of Public Act 95-422 when he or

she attends school for the 2008-2009 school year, unless the

child is attending school for the first time as provided in

this paragraph.

A tuberculosis skin test screening shall be included as a

required part of each health examination included under this

Section if the child resides in an area designated by the

Department of Public Health as having a high incidence of

tuberculosis. Additional health examinations of pupils,

including eye examinations, may be required when deemed

necessary by school authorities. Parents are encouraged to have

their children undergo eye examinations at the same points in

time required for health examinations.

(1.5) In compliance with rules adopted by the Department of

Public Health and except as otherwise provided in this Section,

all children in kindergarten and the second and sixth grades of

any public, private, or parochial school shall have a dental

examination. Each of these children shall present proof of

having been examined by a dentist in accordance with this

Section and rules adopted under this Section before May 15th of

the school year. If a child in the second or sixth grade fails

to present proof by May 15th, the school may hold the child's

report card until one of the following occurs: (i) the child

presents proof of a completed dental examination or (ii) the

child presents proof that a dental examination will take place

within 60 days after May 15th. The Department of Public Health

shall establish, by rule, a waiver for children who show an

undue burden or a lack of access to a dentist. Each public,

private, and parochial school must give notice of this dental

examination requirement to the parents and guardians of

students at least 60 days before May 15th of each school year.

(1.10) Except as otherwise provided in this Section, all

children enrolling in kindergarten in a public, private, or

parochial school on or after the effective date of this

amendatory Act of the 95th General Assembly and any student

enrolling for the first time in a public, private, or parochial

school on or after the effective date of this amendatory Act of

the 95th General Assembly shall have an eye examination. Each

of these children shall present proof of having been examined

by a physician licensed to practice medicine in all of its

branches or a licensed optometrist within the previous year, in

accordance with this Section and rules adopted under this

Section, before October 15th of the school year. If the child

fails to present proof by October 15th, the school may hold the

child's report card until one of the following occurs: (i) the

child presents proof of a completed eye examination or (ii) the

child presents proof that an eye examination will take place

within 60 days after October 15th. The Department of Public

Health shall establish, by rule, a waiver for children who show

an undue burden or a lack of access to a physician licensed to

practice medicine in all of its branches who provides eye

examinations or to a licensed optometrist. Each public,

private, and parochial school must give notice of this eye

examination requirement to the parents and guardians of

students in compliance with rules of the Department of Public

Health. Nothing in this Section shall be construed to allow a

school to exclude a child from attending because of a parent's

or guardian's failure to obtain an eye examination for the

child.

(2) The Department of Public Health shall promulgate rules

and regulations specifying the examinations and procedures

that constitute a health examination, which shall include the

collection of data relating to obesity (including at a minimum,

date of birth, gender, height, weight, blood pressure, and date

of exam), and a dental examination and may recommend by rule

that certain additional examinations be performed. The rules

and regulations of the Department of Public Health shall

specify that a tuberculosis skin test screening shall be

included as a required part of each health examination included

under this Section if the child resides in an area designated

by the Department of Public Health as having a high incidence

of tuberculosis. The Department of Public Health shall specify

that a diabetes screening as defined by rule shall be included

as a required part of each health examination. Diabetes testing

is not required.

Physicians licensed to practice medicine in all of its

branches, licensed advanced practice nurses who have a written

collaborative agreement with a collaborating physician which

authorizes them to perform health examinations, or licensed

physician assistants who have been delegated the performance of

health examinations by their supervising physician shall be

responsible for the performance of the health examinations,

other than dental examinations, eye examinations, and vision

and hearing screening, and shall sign all report forms required

by subsection (4) of this Section that pertain to those

portions of the health examination for which the physician,

advanced practice nurse, or physician assistant is

responsible. If a registered nurse performs any part of a

health examination, then a physician licensed to practice

medicine in all of its branches must review and sign all

required report forms. Licensed dentists shall perform all

dental examinations and shall sign all report forms required by

subsection (4) of this Section that pertain to the dental

examinations. Physicians licensed to practice medicine in all

its branches or licensed optometrists shall perform all eye

examinations required by this Section and shall sign all report

forms required by subsection (4) of this Section that pertain

to the eye examination. For purposes of this Section, an eye

examination shall at a minimum include history, visual acuity,

subjective refraction to best visual acuity near and far,

internal and external examination, and a glaucoma evaluation,

as well as any other tests or observations that in the

professional judgment of the doctor are necessary. Vision and

hearing screening tests, which shall not be considered

examinations as that term is used in this Section, shall be

conducted in accordance with rules and regulations of the

Department of Public Health, and by individuals whom the

Department of Public Health has certified. In these rules and

regulations, the Department of Public Health shall require that

individuals conducting vision screening tests give a child's

parent or guardian written notification, before the vision

screening is conducted, that states, "Vision screening is not a

substitute for a complete eye and vision evaluation by an eye

doctor. Your child is not required to undergo this vision

screening if an optometrist or ophthalmologist has completed

and signed a report form indicating that an examination has

been administered within the previous 12 months."

(3) Every child shall, at or about the same time as he or

she receives a health examination required by subsection (1) of

this Section, present to the local school proof of having

received such immunizations against preventable communicable

diseases as the Department of Public Health shall require by

rules and regulations promulgated pursuant to this Section and

the Communicable Disease Prevention Act.

(4) The individuals conducting the health examination,

dental examination, or eye examination shall record the fact of

having conducted the examination, and such additional

information as required, including for a health examination

data relating to obesity (including at a minimum, date of

birth, gender, height, weight, blood pressure, and date of

exam), on uniform forms which the Department of Public Health

and the State Board of Education shall prescribe for statewide

use. The examiner shall summarize on the report form any

condition that he or she suspects indicates a need for special

services, including for a health examination factors relating

to obesity. The individuals confirming the administration of

required immunizations shall record as indicated on the form

that the immunizations were administered.

(5) If a child does not submit proof of having had either

the health examination or the immunization as required, then

the child shall be examined or receive the immunization, as the

case may be, and present proof by October 15 of the current

school year, or by an earlier date of the current school year

established by a school district. To establish a date before

October 15 of the current school year for the health

examination or immunization as required, a school district must

give notice of the requirements of this Section 60 days prior

to the earlier established date. If for medical reasons one or

more of the required immunizations must be given after October

15 of the current school year, or after an earlier established

date of the current school year, then the child shall present,

by October 15, or by the earlier established date, a schedule

for the administration of the immunizations and a statement of

the medical reasons causing the delay, both the schedule and

the statement being issued by the physician, advanced practice

nurse, physician assistant, registered nurse, or local health

department that will be responsible for administration of the

remaining required immunizations. If a child does not comply by

October 15, or by the earlier established date of the current

school year, with the requirements of this subsection, then the

local school authority shall exclude that child from school

until such time as the child presents proof of having had the

health examination as required and presents proof of having

received those required immunizations which are medically

possible to receive immediately. During a child's exclusion

from school for noncompliance with this subsection, the child's

parents or legal guardian shall be considered in violation of

Section 26-1 and subject to any penalty imposed by Section

26-10. This subsection (5) does not apply to dental

examinations and eye examinations. If the student is an

out-of-state transfer student and does not have the proof

required under this subsection (5) before October 15 of the

current year or whatever date is set by the school district,

then he or she may only attend classes (i) if he or she has

proof that an appointment for the required vaccinations has

been scheduled with a party authorized to submit proof of the

required vaccinations. If the proof of vaccination required

under this subsection (5) is not submitted within 30 days after

the student is permitted to attend classes, then the student is

not to be permitted to attend classes until proof of the

vaccinations has been properly submitted. No school district or

employee of a school district shall be held liable for any

injury or illness to another person that results from admitting

an out-of-state transfer student to class that has an

appointment scheduled pursuant to this subsection (5).

(6) Every school shall report to the State Board of

Education by November 15, in the manner which that agency shall

require, the number of children who have received the necessary

immunizations and the health examination (other than a dental

examination or eye examination) as required, indicating, of

those who have not received the immunizations and examination

as required, the number of children who are exempt from health

examination and immunization requirements on religious or

medical grounds as provided in subsection (8). On or before

December 1 of each year, every public school district and

registered nonpublic school shall make publicly available the

immunization data they are required to submit to the State

Board of Education by November 15. The immunization data made

publicly available must be identical to the data the school

district or school has reported to the State Board of

Education.

Every school shall report to the State Board of Education

by June 30, in the manner that the State Board requires, the

number of children who have received the required dental

examination, indicating, of those who have not received the

required dental examination, the number of children who are

exempt from the dental examination on religious grounds as

provided in subsection (8) of this Section and the number of

children who have received a waiver under subsection (1.5) of

this Section.

Every school shall report to the State Board of Education

by June 30, in the manner that the State Board requires, the

number of children who have received the required eye

examination, indicating, of those who have not received the

required eye examination, the number of children who are exempt

from the eye examination as provided in subsection (8) of this

Section, the number of children who have received a waiver

under subsection (1.10) of this Section, and the total number

of children in noncompliance with the eye examination

requirement.

The reported information under this subsection (6) shall be

provided to the Department of Public Health by the State Board

of Education.

(7) Upon determining that the number of pupils who are

required to be in compliance with subsection (5) of this

Section is below 90% of the number of pupils enrolled in the

school district, 10% of each State aid payment made pursuant to

Section 18-8.05 to the school district for such year may be

withheld by the State Board of Education until the number of

students in compliance with subsection (5) is the applicable

specified percentage or higher.

(8) Parents or legal guardians who object to health,

dental, or eye examinations or any part thereof, or to

immunizations, on religious grounds shall not be required to

submit their children or wards to the examinations or

immunizations to which they so object if such parents or legal

guardians present to the appropriate local school authority a

signed statement of objection, detailing the grounds for the

objection. If the physical condition of the child is such that

any one or more of the immunizing agents should not be

administered, the examining physician, advanced practice

nurse, or physician assistant responsible for the performance

of the health examination shall endorse that fact upon the

health examination form. Exempting a child from the health,

dental, or eye examination does not exempt the child from

participation in the program of physical education training

provided in Sections 27-5 through 27-7 of this Code.

(9) For the purposes of this Section, "nursery schools"

means those nursery schools operated by elementary school

systems or secondary level school units or institutions of

higher learning.

(Source: P.A. 97-216, eff. 1-1-12; 97-910, eff. 1-1-13; 98-673,

eff. 6-30-14.)

Section 20. The Illinois Clinical Laboratory and Blood Bank

Act is amended by changing Section 7-101 as follows:

(210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)

Sec. 7-101. Examination of specimens. A clinical

laboratory shall examine specimens only at the request of (i) a

licensed physician, (ii) a licensed dentist, (iii) a licensed

podiatric physician, (iv) a licensed optometrist, (v) a

licensed physician assistant in accordance with the written

supervision agreement required under Section 7.5 of the

Physician Assistant Practice Act of 1987 or when authorized

under Section 7.7 of the Physician Assistant Practice Act of

1987, (v-A) a licensed an advanced practice nurse in accordance

with the written collaborative agreement required under

Section 65-35 of the Nurse Practice Act or when authorized

under Section 65-45 of the Nurse Practice Act, (vi) an

authorized law enforcement agency or, in the case of blood

alcohol, at the request of the individual for whom the test is

to be performed in compliance with Sections 11-501 and 11-501.1

of the Illinois Vehicle Code, or (vii) a genetic counselor with

the specific authority from a referral to order a test or tests

pursuant to subsection (b) of Section 20 of the Genetic

Counselor Licensing Act. If the request to a laboratory is

oral, the physician or other authorized person shall submit a

written request to the laboratory within 48 hours. If the

laboratory does not receive the written request within that

period, it shall note that fact in its records. For purposes of

this Section, a request made by electronic mail or fax

constitutes a written request.

(Source: P.A. 97-333, eff. 8-12-11; 98-185, eff. 1-1-14;

98-214, eff. 8-9-13; 98-756, eff. 7-16-14; 98-767, eff.

1-1-15.)

Section 25. The Home Health, Home Services, and Home

Nursing Agency Licensing Act is amended by changing Section

2.05 as follows:

(210 ILCS 55/2.05) (from Ch. 111 1/2, par. 2802.05)

Sec. 2.05. "Home health services" means services provided

to a person at his residence according to a plan of treatment

for illness or infirmity prescribed by a physician licensed to

practice medicine in all its branches, a licensed physician

assistant who has been delegated the authority to prescribe

home health services by his or her supervising physician, or a

licensed an advanced practice nurse who has a written

collaborative agreement with a collaborating physician that

delegates the authority to prescribe home health services. Such

services include part time and intermittent nursing services

and other therapeutic services such as physical therapy,

occupational therapy, speech therapy, medical social services,

or services provided by a home health aide.

(Source: P.A. 98-261, eff. 8-9-13.)

Section 30. The Illinois Insurance Code is amended by

changing Sections 356g.5 and 356z.1 as follows:

(215 ILCS 5/356g.5)

Sec. 356g.5. Clinical breast exam.

(a) The General Assembly finds that clinical breast

examinations are a critical tool in the early detection of

breast cancer, while the disease is in its earlier and

potentially more treatable stages. Insurer reimbursement of

clinical breast examinations is essential to the effort to

reduce breast cancer deaths in Illinois.

(b) Every insurer shall provide, in each group or

individual policy, contract, or certificate of accident or

health insurance issued or renewed for persons who are

residents of Illinois, coverage for complete and thorough

clinical breast examinations as indicated by guidelines of

practice, performed by a physician licensed to practice

medicine in all its branches, a licensed an advanced practice

nurse who has a collaborative agreement with a collaborating

physician that authorizes breast examinations, or a licensed

physician assistant who has been delegated authority to provide

breast examinations, to check for lumps and other changes for

the purpose of early detection and prevention of breast cancer

as follows:

(1) at least every 3 years for women at least 20 years

of age but less than 40 years of age; and

(2) annually for women 40 years of age or older.

(c) Upon approval of a nationally recognized separate and

distinct clinical breast exam code that is compliant with all

State and federal laws, rules, and regulations, public and

private insurance plans shall take action to cover clinical

breast exams on a separate and distinct basis.

(Source: P.A. 95-189, eff. 8-16-07.)

(215 ILCS 5/356z.1)

Sec. 356z.1. Prenatal HIV testing. An individual or group

policy of accident and health insurance that provides maternity

coverage and is amended, delivered, issued, or renewed after

the effective date of this amendatory Act of the 92nd General

Assembly must provide coverage for prenatal HIV testing ordered

by an attending physician licensed to practice medicine in all

its branches, or by a physician assistant or advanced practice

registered nurse who has a written collaborative agreement with

a collaborating physician that authorizes these services,

including but not limited to orders consistent with the

recommendations of the American College of Obstetricians and

Gynecologists or the American Academy of Pediatrics.

(Source: P.A. 92-130, eff. 7-20-01.)

Section 33. The Medical Practice Act of 1987 is amended by

changing Section 54.5 as follows:

(225 ILCS 60/54.5)

(Section scheduled to be repealed on December 31, 2015)

Sec. 54.5. Physician delegation of authority to physician

assistants, advanced practice nurses, and prescribing

psychologists.

(a) Physicians licensed to practice medicine in all its

branches may delegate care and treatment responsibilities to a

physician assistant under guidelines in accordance with the

requirements of the Physician Assistant Practice Act of 1987. A

physician licensed to practice medicine in all its branches may

enter into supervising physician agreements with no more than 5

physician assistants as set forth in subsection (a) of Section

7 of the Physician Assistant Practice Act of 1987.

(b) A physician licensed to practice medicine in all its

branches in active clinical practice may collaborate with an

advanced practice nurse in accordance with the requirements of

the Nurse Practice Act. Collaboration is for the purpose of

providing medical consultation, and no employment relationship

is required. A written collaborative agreement shall conform to

the requirements of Section 65-35 of the Nurse Practice Act.

The written collaborative agreement shall be for services in

the same area of practice or specialty as the collaborating

physician generally provides or may provide in his or her

clinical medical practice. A written collaborative agreement

shall be adequate with respect to collaboration with advanced

practice nurses if all of the following apply:

(1) The agreement is written to promote the exercise of

professional judgment by the advanced practice nurse

commensurate with his or her education and experience. The

agreement need not describe the exact steps that an

advanced practice nurse must take with respect to each

specific condition, disease, or symptom, but must specify

those procedures that require a physician's presence as the

procedures are being performed.

(2) Practice guidelines and orders are developed and

approved jointly by the advanced practice nurse and

collaborating physician, as needed, based on the practice

of the practitioners. Such guidelines and orders and the

patient services provided thereunder are periodically

reviewed by the collaborating physician.

(2) (3) The advance practice nurse provides services

based upon a written collaborative agreement with the

collaborating physician generally provides or may provide

in his or her clinical medical practice, except as set

forth in subsection (b-5) of this Section. With respect to

labor and delivery, the collaborating physician must

provide delivery services in order to participate with a

certified nurse midwife.

(4) The collaborating physician and advanced practice

nurse consult at least once a month to provide

collaboration and consultation.

(3) (5) Methods of communication are available with the

collaborating physician in person or through

telecommunications for consultation, collaboration, and

referral as needed to address patient care needs.

(6) The agreement contains provisions detailing notice

for termination or change of status involving a written

collaborative agreement, except when such notice is given

for just cause.

(b-5) An anesthesiologist or physician licensed to

practice medicine in all its branches may collaborate with a

certified registered nurse anesthetist in accordance with

Section 65-35 of the Nurse Practice Act for the provision of

anesthesia services. With respect to the provision of

anesthesia services, the collaborating anesthesiologist or

physician shall have training and experience in the delivery of

anesthesia services consistent with Department rules.

Collaboration shall be adequate if:

(1) an anesthesiologist or a physician participates in

the joint formulation and joint approval of orders or

guidelines and periodically reviews such orders and the

services provided patients under such orders; and

(2) for anesthesia services, the anesthesiologist or

physician participates through discussion of and agreement

with the anesthesia plan and is physically present and

available on the premises during the delivery of anesthesia

services for diagnosis, consultation, and treatment of

emergency medical conditions. Anesthesia services in a

hospital shall be conducted in accordance with Section 10.7

of the Hospital Licensing Act and in an ambulatory surgical

treatment center in accordance with Section 6.5 of the

Ambulatory Surgical Treatment Center Act.

(b-10) The anesthesiologist or operating physician must

agree with the anesthesia plan prior to the delivery of

services.

(c) The supervising physician shall have access to the

medical records of all patients attended by a physician

assistant. The collaborating physician shall have access to the

medical records of all patients attended to by an advanced

practice nurse.

(d) (Blank).

(e) A physician shall not be liable for the acts or

omissions of a prescribing psychologist, physician assistant,

or advanced practice nurse solely on the basis of having signed

a supervision agreement or guidelines or a collaborative

agreement, an order, a standing medical order, a standing

delegation order, or other order or guideline authorizing a

prescribing psychologist, physician assistant, or advanced

practice nurse to perform acts, unless the physician has reason

to believe the prescribing psychologist, physician assistant,

or advanced practice nurse lacked the competency to perform the

act or acts or commits willful and wanton misconduct.

(f) A collaborating physician may, but is not required to,

delegate prescriptive authority to an advanced practice nurse

as part of a written collaborative agreement, and the

delegation of prescriptive authority shall conform to the

requirements of Section 65-40 of the Nurse Practice Act.

(g) A supervising physician may, but is not required to,

delegate prescriptive authority to a physician assistant as

part of a written supervision agreement, and the delegation of

prescriptive authority shall conform to the requirements of

Section 7.5 of the Physician Assistant Practice Act of 1987.

(h) (Blank). For the purposes of this Section, "generally

provides or may provide in his or her clinical medical

practice" means categories of care or treatment, not specific

tasks or duties, that the physician provides individually or

through delegation to other persons so that the physician has

the experience and ability to provide collaboration and

consultation. This definition shall not be construed to

prohibit an advanced practice nurse from providing primary

health treatment or care within the scope of his or her

training and experience, including, but not limited to, health

screenings, patient histories, physical examinations, women's

health examinations, or school physicals that may be provided

as part of the routine practice of an advanced practice nurse

or on a volunteer basis.

(i) A collaborating physician shall delegate prescriptive

authority to a prescribing psychologist as part of a written

collaborative agreement, and the delegation of prescriptive

authority shall conform to the requirements of Section 4.3 of

the Clinical Psychologist Licensing Act.

(Source: P.A. 97-358, eff. 8-12-11; 97-1071, eff. 8-24-12;

98-192, eff. 1-1-14; 98-668, eff. 6-25-14.)

Section 35. The Nurse Practice Act is amended by changing

Sections 50-10, 65-35, and 65-45 and by adding Section 65-35.1

as follows:

(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)

(Section scheduled to be repealed on January 1, 2018)

Sec. 50-10. Definitions. Each of the following terms, when

used in this Act, shall have the meaning ascribed to it in this

Section, except where the context clearly indicates otherwise:

"Academic year" means the customary annual schedule of

courses at a college, university, or approved school,

customarily regarded as the school year as distinguished from

the calendar year.

"Advanced practice nurse" or "APN" means a person who has

met the qualifications for a (i) certified nurse midwife (CNM);

(ii) certified nurse practitioner (CNP); (iii) certified

registered nurse anesthetist (CRNA); or (iv) clinical nurse

specialist (CNS) and has been licensed by the Department. All

advanced practice nurses licensed and practicing in the State

of Illinois shall use the title APN and may use specialty

credentials CNM, CNP, CRNA, or CNS after their name. All

advanced practice nurses may only practice in accordance with

national certification and this Act.

"Approved program of professional nursing education" and

"approved program of practical nursing education" are programs

of professional or practical nursing, respectively, approved

by the Department under the provisions of this Act.

"Board" means the Board of Nursing appointed by the

Secretary.

"Collaboration" means a process involving 2 or more health

care professionals working together, each contributing one's

respective area of expertise to provide more comprehensive

patient care.

"Consultation" means the process whereby an advanced

practice nurse seeks the advice or opinion of another health

care professional.

"Credentialed" means the process of assessing and

validating the qualifications of a health care professional.

"Current nursing practice update course" means a planned

nursing education curriculum approved by the Department

consisting of activities that have educational objectives,

instructional methods, content or subject matter, clinical

practice, and evaluation methods, related to basic review and

updating content and specifically planned for those nurses

previously licensed in the United States or its territories and

preparing for reentry into nursing practice.

"Dentist" means a person licensed to practice dentistry

under the Illinois Dental Practice Act.

"Department" means the Department of Financial and

Professional Regulation.

"Impaired nurse" means a nurse licensed under this Act who

is unable to practice with reasonable skill and safety because

of a physical or mental disability as evidenced by a written

determination or written consent based on clinical evidence,

including loss of motor skills, abuse of drugs or alcohol, or a

psychiatric disorder, of sufficient degree to diminish his or

her ability to deliver competent patient care.

"License-pending advanced practice nurse" means a

registered professional nurse who has completed all

requirements for licensure as an advanced practice nurse except

the certification examination and has applied to take the next

available certification exam and received a temporary license

from the Department.

"License-pending registered nurse" means a person who has

passed the Department-approved registered nurse licensure exam

and has applied for a license from the Department. A

license-pending registered nurse shall use the title "RN lic

pend" on all documentation related to nursing practice.

"Physician" means a person licensed to practice medicine in

all its branches under the Medical Practice Act of 1987.

"Podiatric physician" means a person licensed to practice

podiatry under the Podiatric Medical Practice Act of 1987.

"Practical nurse" or "licensed practical nurse" means a

person who is licensed as a practical nurse under this Act and

practices practical nursing as defined in this Act. Only a

practical nurse licensed under this Act is entitled to use the

title "licensed practical nurse" and the abbreviation

"L.P.N.".

"Practical nursing" means the performance of nursing acts

requiring the basic nursing knowledge, judgment judgement, and

skill acquired by means of completion of an approved practical

nursing education program. Practical nursing includes

assisting in the nursing process as delegated by a registered

professional nurse or an advanced practice nurse. The practical

nurse may work under the direction of a licensed physician,

dentist, podiatric physician, or other health care

professional determined by the Department.

"Privileged" means the authorization granted by the

governing body of a healthcare facility, agency, or

organization to provide specific patient care services within

well-defined limits, based on qualifications reviewed in the

credentialing process.

"Registered Nurse" or "Registered Professional Nurse"

means a person who is licensed as a professional nurse under

this Act and practices nursing as defined in this Act. Only a

registered nurse licensed under this Act is entitled to use the

titles "registered nurse" and "registered professional nurse"

and the abbreviation, "R.N.".

"Registered professional nursing practice" is a scientific

process founded on a professional body of knowledge; it is a

learned profession based on the understanding of the human

condition across the life span and environment and includes all

nursing specialties and means the performance of any nursing

act based upon professional knowledge, judgment, and skills

acquired by means of completion of an approved professional

nursing education program. A registered professional nurse

provides holistic nursing care through the nursing process to

individuals, groups, families, or communities, that includes

but is not limited to: (1) the assessment of healthcare needs,

nursing diagnosis, planning, implementation, and nursing

evaluation; (2) the promotion, maintenance, and restoration of

health; (3) counseling, patient education, health education,

and patient advocacy; (4) the administration of medications and

treatments as prescribed by a physician licensed to practice

medicine in all of its branches, a licensed dentist, a licensed

podiatric physician, or a licensed optometrist or as prescribed

by a physician assistant in accordance with written guidelines

required under the Physician Assistant Practice Act of 1987 or

by an advanced practice nurse in accordance with Article 65 of

this Act; (5) the coordination and management of the nursing

plan of care; (6) the delegation to and supervision of

individuals who assist the registered professional nurse

implementing the plan of care; and (7) teaching nursing

students. The foregoing shall not be deemed to include those

acts of medical diagnosis or prescription of therapeutic or

corrective measures.

"Professional assistance program for nurses" means a

professional assistance program that meets criteria

established by the Board of Nursing and approved by the

Secretary, which provides a non-disciplinary treatment

approach for nurses licensed under this Act whose ability to

practice is compromised by alcohol or chemical substance

addiction.

"Secretary" means the Secretary of Financial and

Professional Regulation.

"Unencumbered license" means a license issued in good

standing.

"Written collaborative agreement" means a written

agreement between an advanced practice nurse and a

collaborating physician, dentist, or podiatric physician

pursuant to Section 65-35.

(Source: P.A. 97-813, eff. 7-13-12; 98-214, eff. 8-9-13.)

(225 ILCS 65/65-35) (was 225 ILCS 65/15-15)

(Section scheduled to be repealed on January 1, 2018)

Sec. 65-35. Written collaborative agreements.

(a) A written collaborative agreement is required for all

advanced practice nurses engaged in clinical practice, except

for advanced practice nurses who are authorized to practice in

a hospital, hospital affiliate, or ambulatory surgical

treatment center.

(a-5) If an advanced practice nurse engages in clinical

practice outside of a hospital, hospital affiliate, or

ambulatory surgical treatment center in which he or she is

authorized to practice, the advanced practice nurse must have a

written collaborative agreement.

(b) A written collaborative agreement shall describe the

working relationship of the advanced practice nurse with the

collaborating physician or podiatric physician and shall

describe authorize the categories of care, treatment, or

procedures to be provided performed by the advanced practice

nurse. A collaborative agreement with a dentist must be in

accordance with subsection (c-10) of this Section.

Collaboration does not require an employment relationship

between the collaborating physician or podiatric physician and

advanced practice nurse. Collaboration means the relationship

under which an advanced practice nurse works with a

collaborating physician or podiatric physician in an active

clinical practice to deliver health care services in accordance

with (i) the advanced practice nurse's training, education, and

experience and (ii) collaboration and consultation as

documented in a jointly developed written collaborative

agreement.

The agreement shall promote the exercise of professional

judgment by the advanced practice nurse commensurate with his

or her education and experience. The services to be provided by

the advanced practice nurse shall be services that the

collaborating physician or podiatric physician is authorized

to and generally provides or may provide in his or her clinical

medical or podiatric practice, except as set forth in

subsection (b-5) or (c-5) of this Section. The agreement need

not describe the exact steps that an advanced practice nurse

must take with respect to each specific condition, disease, or

symptom but must specify which authorized procedures require

the presence of the collaborating physician or podiatric

physician as the procedures are being performed. The

collaborative relationship under an agreement shall not be

construed to require the personal presence of a physician or

podiatric physician at the place where services are rendered.

Methods of communication shall be available for consultation

with the collaborating physician or podiatric physician in

person or by telecommunications or electronic communications

in accordance with established written guidelines as set forth

in the written agreement.

(b-5) Absent an employment relationship, a written

collaborative agreement may not (1) restrict the categories of

patients of an advanced practice nurse within the scope of the

advanced practice nurses training and experience, (2) limit

third party payors or government health programs, such as the

medical assistance program or Medicare with which the advanced

practice nurse contracts, or (3) limit the geographic area or

practice location of the advanced practice nurse in this State.

(c) Collaboration and consultation under all collaboration

agreements shall be adequate if a collaborating physician or

podiatric physician does each of the following:

(1) Participates in the joint formulation and joint

approval of orders or guidelines with the advanced practice

nurse and he or she periodically reviews such orders and

the services provided patients under such orders in

accordance with accepted standards of medical practice or

podiatric practice and advanced practice nursing practice.

(2) Provides collaboration and consultation with the

advanced practice nurse at least once a month. In the case

of anesthesia services provided by a certified registered

nurse anesthetist, an anesthesiologist, a physician, a

dentist, or a podiatric physician must participate through

discussion of and agreement with the anesthesia plan and

remain physically present and available on the premises

during the delivery of anesthesia services for diagnosis,

consultation, and treatment of emergency medical

conditions.

(3) Is available through telecommunications for

consultation on medical problems, complications, or

emergencies or patient referral. In the case of anesthesia

services provided by a certified registered nurse

anesthetist, an anesthesiologist, a physician, a dentist,

or a podiatric physician must participate through

discussion of and agreement with the anesthesia plan and

remain physically present and available on the premises

during the delivery of anesthesia services for diagnosis,

consultation, and treatment of emergency medical

conditions.

The agreement must contain provisions detailing notice for

termination or change of status involving a written

collaborative agreement, except when such notice is given for

just cause.

(c-5) A certified registered nurse anesthetist, who

provides anesthesia services outside of a hospital or

ambulatory surgical treatment center shall enter into a written

collaborative agreement with an anesthesiologist or the

physician licensed to practice medicine in all its branches or

the podiatric physician performing the procedure. Outside of a

hospital or ambulatory surgical treatment center, the

certified registered nurse anesthetist may provide only those

services that the collaborating podiatric physician is

authorized to provide pursuant to the Podiatric Medical

Practice Act of 1987 and rules adopted thereunder. A certified

registered nurse anesthetist may select, order, and administer

medication, including controlled substances, and apply

appropriate medical devices for delivery of anesthesia

services under the anesthesia plan agreed with by the

anesthesiologist or the operating physician or operating

podiatric physician.

(c-10) A certified registered nurse anesthetist who

provides anesthesia services in a dental office shall enter

into a written collaborative agreement with an

anesthesiologist or the physician licensed to practice

medicine in all its branches or the operating dentist

performing the procedure. The agreement shall describe the

working relationship of the certified registered nurse

anesthetist and dentist and shall authorize the categories of

care, treatment, or procedures to be performed by the certified

registered nurse anesthetist. In a collaborating dentist's

office, the certified registered nurse anesthetist may only

provide those services that the operating dentist with the

appropriate permit is authorized to provide pursuant to the

Illinois Dental Practice Act and rules adopted thereunder. For

anesthesia services, an anesthesiologist, physician, or

operating dentist shall participate through discussion of and

agreement with the anesthesia plan and shall remain physically

present and be available on the premises during the delivery of

anesthesia services for diagnosis, consultation, and treatment

of emergency medical conditions. A certified registered nurse

anesthetist may select, order, and administer medication,

including controlled substances, and apply appropriate medical

devices for delivery of anesthesia services under the

anesthesia plan agreed with by the operating dentist.

(d) A copy of the signed, written collaborative agreement

must be available to the Department upon request from both the

advanced practice nurse and the collaborating physician,

dentist, or podiatric physician.

(e) Nothing in this Act shall be construed to limit the

delegation of tasks or duties by a physician to a licensed

practical nurse, a registered professional nurse, or other

persons in accordance with Section 54.2 of the Medical Practice

Act of 1987. Nothing in this Act shall be construed to limit

the method of delegation that may be authorized by any means,

including, but not limited to, oral, written, electronic,

standing orders, protocols, guidelines, or verbal orders.

Nothing in this Act shall be construed to authorize an advanced

practice nurse to provide health care services required by law

or rule to be performed by a physician.

(f) An advanced practice nurse shall inform each

collaborating physician, dentist, or podiatric physician of

all collaborative agreements he or she has signed and provide a

copy of these to any collaborating physician, dentist, or

podiatric physician upon request.

(g) (Blank). For the purposes of this Act, "generally

provides or may provide in his or her clinical medical

practice" means categories of care or treatment, not specific

tasks or duties, the physician provides individually or through

delegation to other persons so that the physician has the

experience and ability to provide collaboration and

consultation. This definition shall not be construed to

prohibit an advanced practice nurse from providing primary

health treatment or care within the scope of his or her

training and experience, including, but not limited to, health

screenings, patient histories, physical examinations, women's

health examinations, or school physicals that may be provided

as part of the routine practice of an advanced practice nurse

or on a volunteer basis.

For the purposes of this Act, "generally provides or may

provide in his or her clinical podiatric practice" means

services, not specific tasks or duties, that the podiatric

physician routinely provides individually or through

delegation to other persons so that the podiatric physician has

the experience and ability to provide collaboration and

consultation.

(Source: P.A. 97-358, eff. 8-12-11; 98-192, eff. 1-1-14;

98-214, eff. 8-9-13; 98-756, eff. 7-16-14.)

(225 ILCS 65/65-35.1 new)

Sec. 65-35.1. Written collaborative agreement; temporary

practice. Any advanced practice nurse required to enter into a

written collaborative agreement with a collaborating physician

or collaborating podiatrist is authorized to continue to

practice for up to 90 days after the termination of a

collaborative agreement provided the advanced practice nurse

seeks any needed collaboration at a local hospital and refers

patients who require services beyond the training and

experience of the advanced practice nurse to a physician or

other health care provider.

(225 ILCS 65/65-45) (was 225 ILCS 65/15-25)

(Section scheduled to be repealed on January 1, 2018)

Sec. 65-45. Advanced practice nursing in hospitals,

hospital affiliates, or ambulatory surgical treatment centers.

(a) An advanced practice nurse may provide services in a

hospital or a hospital affiliate as those terms are defined in

the Hospital Licensing Act or the University of Illinois

Hospital Act or a licensed ambulatory surgical treatment center

without a written collaborative agreement pursuant to Section

65-35 of this Act. An advanced practice nurse must possess

clinical privileges recommended by the hospital medical staff

and granted by the hospital or the consulting medical staff

committee and ambulatory surgical treatment center in order to

provide services. The medical staff or consulting medical staff

committee shall periodically review the services of advanced

practice nurses granted clinical privileges, including any

care provided in a hospital affiliate. Authority may also be

granted when recommended by the hospital medical staff and

granted by the hospital or recommended by the consulting

medical staff committee and ambulatory surgical treatment

center to individual advanced practice nurses to select, order,

and administer medications, including controlled substances,

to provide delineated care. In a hospital, hospital affiliate,

or ambulatory surgical treatment center, the attending

physician shall determine an advanced practice nurse's role in

providing care for his or her patients, except as otherwise

provided in the medical staff bylaws or consulting committee

policies.

(a-2) An advanced practice nurse granted authority to order

medications including controlled substances may complete

discharge prescriptions provided the prescription is in the

name of the advanced practice nurse and the attending or

discharging physician.

(a-3) Advanced practice nurses practicing in a hospital or

an ambulatory surgical treatment center are not required to

obtain a mid-level controlled substance license to order

controlled substances under Section 303.05 of the Illinois

Controlled Substances Act.

(a-5) For anesthesia services provided by a certified

registered nurse anesthetist, an anesthesiologist, physician,

dentist, or podiatric physician shall participate through

discussion of and agreement with the anesthesia plan and shall

remain physically present and be available on the premises

during the delivery of anesthesia services for diagnosis,

consultation, and treatment of emergency medical conditions,

unless hospital policy adopted pursuant to clause (B) of

subdivision (3) of Section 10.7 of the Hospital Licensing Act

or ambulatory surgical treatment center policy adopted

pursuant to clause (B) of subdivision (3) of Section 6.5 of the

Ambulatory Surgical Treatment Center Act provides otherwise. A

certified registered nurse anesthetist may select, order, and

administer medication for anesthesia services under the

anesthesia plan agreed to by the anesthesiologist or the

physician, in accordance with hospital alternative policy or

the medical staff consulting committee policies of a licensed

ambulatory surgical treatment center.

(b) An advanced practice nurse who provides services in a

hospital shall do so in accordance with Section 10.7 of the

Hospital Licensing Act and, in an ambulatory surgical treatment

center, in accordance with Section 6.5 of the Ambulatory

Surgical Treatment Center Act.

(c) Advanced practice nurses certified as nurse

practitioners, nurse midwives, or clinical nurse specialists

practicing in a hospital affiliate may be, but are not required

to be, granted authority to prescribe Schedule II through V

controlled substances when such authority is recommended by the

appropriate physician committee of the hospital affiliate and

granted by the hospital affiliate. This authority may, but is

not required to, include prescription of, selection of, orders

for, administration of, storage of, acceptance of samples of,

and dispensing over-the-counter medications, legend drugs,

medical gases, and controlled substances categorized as

Schedule II through V controlled substances, as defined in

Article II of the Illinois Controlled Substances Act, and other

preparations, including, but not limited to, botanical and

herbal remedies.

To prescribe controlled substances under this subsection

(c), an advanced practice nurse certified as a nurse

practitioner, nurse midwife, or clinical nurse specialist must

obtain a mid-level practitioner controlled substance license.

Medication orders shall be reviewed periodically by the

appropriate hospital affiliate physicians committee or its

physician designee.

The hospital affiliate shall file with the Department

notice of a grant of prescriptive authority consistent with

this subsection (c) and termination of such a grant of

authority, in accordance with rules of the Department. Upon

receipt of this notice of grant of authority to prescribe any

Schedule II through V controlled substances, the licensed

advanced practice nurse certified as a nurse practitioner,

nurse midwife, or clinical nurse specialist may register for a

mid-level practitioner controlled substance license under

Section 303.05 of the Illinois Controlled Substances Act.

In addition, a hospital affiliate may, but is not required

to, grant authority to an advanced practice nurse certified as

a nurse practitioner, nurse midwife, or clinical nurse

specialist to prescribe any Schedule II controlled substances,

if all of the following conditions apply:

(1) specific Schedule II controlled substances by oral

dosage or topical or transdermal application may be

designated, provided that the designated Schedule II

controlled substances are routinely prescribed by advanced

practice nurses in their area of certification; this grant

of authority must identify the specific Schedule II

controlled substances by either brand name or generic name;

authority to prescribe or dispense Schedule II controlled

substances to be delivered by injection or other route of

administration may not be granted;

(2) any grant of authority must be controlled

substances limited to the practice of the advanced practice

nurse;

(3) any prescription must be limited to no more than a

30-day supply;

(4) the advanced practice nurse must discuss the

condition of any patients for whom a controlled substance

is prescribed monthly with the appropriate physician

committee of the hospital affiliate or its physician

designee; and

(5) the advanced practice nurse must meet the education

requirements of Section 303.05 of the Illinois Controlled

Substances Act.

(Source: P.A. 97-358, eff. 8-12-11; 98-214, eff. 8-9-13.)

Section 40. The Illinois Occupational Therapy Practice Act

is amended by changing Section 3.1 as follows:

(225 ILCS 75/3.1)

(Section scheduled to be repealed on January 1, 2024)

Sec. 3.1. Referrals.

(a) A licensed occupational therapist or licensed

occupational therapy assistant may consult with, educate,

evaluate, and monitor services for individuals, groups, and

populations concerning occupational therapy needs. Except as

indicated in subsections (b) and (c) of this Section,

implementation of direct occupational therapy treatment to

individuals for their specific health care conditions shall be

based upon a referral from a licensed physician, dentist,

podiatric physician, or advanced practice nurse who has a

written collaborative agreement with a collaborating physician

to provide or accept referrals from licensed occupational

therapists, physician assistant who has been delegated

authority to provide or accept referrals from or to licensed

occupational therapists, or optometrist.

(b) A referral is not required for the purpose of providing

consultation, habilitation, screening, education, wellness,

prevention, environmental assessments, and work-related

ergonomic services to individuals, groups, or populations.

(c) Referral from a physician or other health care provider

is not required for evaluation or intervention for children and

youths if an occupational therapist or occupational therapy

assistant provides services in a school-based or educational

environment, including the child's home.

(d) An occupational therapist shall refer to a licensed

physician, dentist, optometrist, advanced practice nurse,

physician assistant, or podiatric physician any patient whose

medical condition should, at the time of evaluation or

treatment, be determined to be beyond the scope of practice of

the occupational therapist.

(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;

98-756, eff. 7-16-14.)

Section 45. The Orthotics, Prosthetics, and Pedorthics

Practice Act is amended by changing Section 57 as follows:

(225 ILCS 84/57)

(Section scheduled to be repealed on January 1, 2020)

Sec. 57. Limitation on provision of care and services. A

licensed orthotist, prosthetist, or pedorthist may provide

care or services only if the care or services are provided

pursuant to an order from (i) a licensed physician, (ii) a

licensed podiatric physician, (iii) a licensed an advanced

practice nurse who has a written collaborative agreement with a

collaborating physician or podiatric physician that

specifically authorizes ordering the services of an orthotist,

prosthetist or pedorthist, or (iv) an advanced practice nurse

who practices in a hospital or ambulatory surgical treatment

center and possesses clinical privileges to order services of

an orthotist, prosthetist, or pedorthist, or (v) a licensed

physician assistant who has been delegated the authority to

order the services of an orthotist, prosthetist, or pedorthist

by his or her supervising physician. A licensed podiatric

physician or advanced practice nurse collaborating with a

podiatric physician may only order care or services concerning

the foot from a licensed prosthetist.

(Source: P.A. 98-214, eff. 8-9-13.)

Section 50. The Illinois Physical Therapy Act is amended by

changing Section 1 as follows:

(225 ILCS 90/1) (from Ch. 111, par. 4251)

(Section scheduled to be repealed on January 1, 2016)

Sec. 1. Definitions. As used in this Act:

(1) "Physical therapy" means all of the following:

(A) Examining, evaluating, and testing individuals who

may have mechanical, physiological, or developmental

impairments, functional limitations, disabilities, or

other health and movement-related conditions, classifying

these disorders, determining a rehabilitation prognosis

and plan of therapeutic intervention, and assessing the

on-going effects of the interventions.

(B) Alleviating impairments, functional limitations,

or disabilities by designing, implementing, and modifying

therapeutic interventions that may include, but are not

limited to, the evaluation or treatment of a person through

the use of the effective properties of physical measures

and heat, cold, light, water, radiant energy, electricity,

sound, and air and use of therapeutic massage, therapeutic

exercise, mobilization, and rehabilitative procedures,

with or without assistive devices, for the purposes of

preventing, correcting, or alleviating a physical or

mental impairment, functional limitation, or disability.

(C) Reducing the risk of injury, impairment,

functional limitation, or disability, including the

promotion and maintenance of fitness, health, and

wellness.

(D) Engaging in administration, consultation,

education, and research.

Physical therapy includes, but is not limited to: (a)

performance of specialized tests and measurements, (b)

administration of specialized treatment procedures, (c)

interpretation of referrals from physicians, dentists,

advanced practice nurses, physician assistants, and podiatric

physicians, (d) establishment, and modification of physical

therapy treatment programs, (e) administration of topical

medication used in generally accepted physical therapy

procedures when such medication is prescribed by the patient's

physician, licensed to practice medicine in all its branches,

the patient's physician licensed to practice podiatric

medicine, the patient's advanced practice nurse, the patient's

physician assistant, or the patient's dentist, and (f)

supervision or teaching of physical therapy. Physical therapy

does not include radiology, electrosurgery, chiropractic

technique or determination of a differential diagnosis;

provided, however, the limitation on determining a

differential diagnosis shall not in any manner limit a physical

therapist licensed under this Act from performing an evaluation

pursuant to such license. Nothing in this Section shall limit a

physical therapist from employing appropriate physical therapy

techniques that he or she is educated and licensed to perform.

A physical therapist shall refer to a licensed physician,

advanced practice nurse, physician assistant, dentist, or

podiatric physician any patient whose medical condition

should, at the time of evaluation or treatment, be determined

to be beyond the scope of practice of the physical therapist.

(2) "Physical therapist" means a person who practices

physical therapy and who has met all requirements as provided

in this Act.

(3) "Department" means the Department of Professional

Regulation.

(4) "Director" means the Director of Professional

Regulation.

(5) "Board" means the Physical Therapy Licensing and

Disciplinary Board approved by the Director.

(6) "Referral" means a written or oral authorization for

physical therapy services for a patient by a physician,

dentist, advanced practice nurse, physician assistant, or

podiatric physician who maintains medical supervision of the

patient and makes a diagnosis or verifies that the patient's

condition is such that it may be treated by a physical

therapist.

(7) "Documented current and relevant diagnosis" for the

purpose of this Act means a diagnosis, substantiated by

signature or oral verification of a physician, dentist,

advanced practice nurse, physician assistant, or podiatric

physician, that a patient's condition is such that it may be

treated by physical therapy as defined in this Act, which

diagnosis shall remain in effect until changed by the

physician, dentist, advanced practice nurse, physician

assistant, or podiatric physician.

(8) "State" includes:

(a) the states of the United States of America;

(b) the District of Columbia; and

(c) the Commonwealth of Puerto Rico.

(9) "Physical therapist assistant" means a person licensed

to assist a physical therapist and who has met all requirements

as provided in this Act and who works under the supervision of

a licensed physical therapist to assist in implementing the

physical therapy treatment program as established by the

licensed physical therapist. The patient care activities

provided by the physical therapist assistant shall not include

the interpretation of referrals, evaluation procedures, or the

planning or major modification of patient programs.

(10) "Physical therapy aide" means a person who has

received on the job training, specific to the facility in which

he is employed, but who has not completed an approved physical

therapist assistant program.

(11) "Advanced practice nurse" means a person licensed as

an advanced practice nurse under the Nurse Practice Act who has

a collaborative agreement with a collaborating physician that

authorizes referrals to physical therapists.

(12) "Physician assistant" means a person licensed under

the Physician Assistant Practice Act of 1987 who has been

delegated authority to make referrals to physical therapists.

(Source: P.A. 98-214, eff. 8-9-13.)

Section 53. The Podiatric Medical Practice Act of 1987 is

amended by changing Section 20.5 as follows:

(225 ILCS 100/20.5)

(Section scheduled to be repealed on January 1, 2018)

Sec. 20.5. Delegation of authority to advanced practice

nurses.

(a) A podiatric physician in active clinical practice may

collaborate with an advanced practice nurse in accordance with

the requirements of the Nurse Practice Act. Collaboration shall

be for the purpose of providing podiatric care consultation and

no employment relationship shall be required. A written

collaborative agreement shall conform to the requirements of

Section 65-35 of the Nurse Practice Act. The written

collaborative agreement shall be for services the

collaborating podiatric physician generally provides to his or

her patients in the normal course of clinical podiatric

practice, except as set forth in item (3) of this subsection

(a). A written collaborative agreement and podiatric physician

collaboration and consultation shall be adequate with respect

to advanced practice nurses if all of the following apply:

(1) The agreement is written to promote the exercise of

professional judgment by the advanced practice nurse

commensurate with his or her education and experience. The

agreement need not describe the exact steps that an

advanced practice nurse must take with respect to each

specific condition, disease, or symptom, but must specify

which procedures require a podiatric physician's presence

as the procedures are being performed.

(2) Practice guidelines and orders are developed and

approved jointly by the advanced practice nurse and

collaborating podiatric physician, as needed, based on the

practice of the practitioners. Such guidelines and orders

and the patient services provided thereunder are

periodically reviewed by the collaborating podiatric

physician.

(1) (3) The advance practice nurse provides services

that the collaborating podiatric physician generally

provides to his or her patients in the normal course of

clinical practice. With respect to the provision of

anesthesia services by a certified registered nurse

anesthetist, the collaborating podiatric physician must

have training and experience in the delivery of anesthesia

consistent with Department rules.

(4) The collaborating podiatric physician and the

advanced practice nurse consult at least once a month to

provide collaboration and consultation.

(2) (5) Methods of communication are available with the

collaborating podiatric physician in person or through

telecommunications or electronic communications for

consultation, collaboration, and referral as needed to

address patient care needs.

(3) (6) With respect to the provision of anesthesia

services by a certified registered nurse anesthetist, an

anesthesiologist, physician, or podiatric physician shall

participate through discussion of and agreement with the

anesthesia plan and shall remain physically present and be

available on the premises during the delivery of anesthesia

services for diagnosis, consultation, and treatment of

emergency medical conditions. The anesthesiologist or

operating podiatric physician must agree with the

anesthesia plan prior to the delivery of services.

(7) The agreement contains provisions detailing notice

for termination or change of status involving a written

collaborative agreement, except when such notice is given

for just cause.

(b) The collaborating podiatric physician shall have

access to the records of all patients attended to by an

advanced practice nurse.

(c) Nothing in this Section shall be construed to limit the

delegation of tasks or duties by a podiatric physician to a

licensed practical nurse, a registered professional nurse, or

other appropriately trained persons.

(d) A podiatric physician shall not be liable for the acts

or omissions of an advanced practice nurse solely on the basis

of having signed guidelines or a collaborative agreement, an

order, a standing order, a standing delegation order, or other

order or guideline authorizing an advanced practice nurse to

perform acts, unless the podiatric physician has reason to

believe the advanced practice nurse lacked the competency to

perform the act or acts or commits willful or wanton

misconduct.

(e) A podiatric physician, may, but is not required to

delegate prescriptive authority to an advanced practice nurse

as part of a written collaborative agreement and the delegation

of prescriptive authority shall conform to the requirements of

Section 65-40 of the Nurse Practice Act.

(Source: P.A. 97-358, eff. 8-12-11; 97-813, eff. 7-13-12;

98-214, eff. 8-9-13.)

Section 55. The Respiratory Care Practice Act is amended by

changing Section 10 as follows:

(225 ILCS 106/10)

(Section scheduled to be repealed on January 1, 2016)

Sec. 10. Definitions. In this Act:

"Advanced practice nurse" means an advanced practice nurse

licensed under the Nurse Practice Act.

"Board" means the Respiratory Care Board appointed by the

Director.

"Basic respiratory care activities" means and includes all

of the following activities:

(1) Cleaning, disinfecting, and sterilizing equipment

used in the practice of respiratory care as delegated by a

licensed health care professional or other authorized

licensed personnel.

(2) Assembling equipment used in the practice of

respiratory care as delegated by a licensed health care

professional or other authorized licensed personnel.

(3) Collecting and reviewing patient data through

non-invasive means, provided that the collection and

review does not include the individual's interpretation of

the clinical significance of the data. Collecting and

reviewing patient data includes the performance of pulse

oximetry and non-invasive monitoring procedures in order

to obtain vital signs and notification to licensed health

care professionals and other authorized licensed personnel

in a timely manner.

(4) Maintaining a nasal cannula or face mask for oxygen

therapy in the proper position on the patient's face.

(5) Assembling a nasal cannula or face mask for oxygen

therapy at patient bedside in preparation for use.

(6) Maintaining a patient's natural airway by

physically manipulating the jaw and neck, suctioning the

oral cavity, or suctioning the mouth or nose with a bulb

syringe.

(7) Performing assisted ventilation during emergency

resuscitation using a manual resuscitator.

(8) Using a manual resuscitator at the direction of a

licensed health care professional or other authorized

licensed personnel who is present and performing routine

airway suctioning. These activities do not include care of

a patient's artificial airway or the adjustment of

mechanical ventilator settings while a patient is

connected to the ventilator.

"Basic respiratory care activities" does not mean activities

that involve any of the following:

(1) Specialized knowledge that results from a course of

education or training in respiratory care.

(2) An unreasonable risk of a negative outcome for the

patient.

(3) The assessment or making of a decision concerning

patient care.

(4) The administration of aerosol medication or

oxygen.

(5) The insertion and maintenance of an artificial

airway.

(6) Mechanical ventilatory support.

(7) Patient assessment.

(8) Patient education.

"Department" means the Department of Professional

Regulation.

"Director" means the Director of Professional Regulation.

"Licensed" means that which is required to hold oneself out

as a respiratory care practitioner as defined in this Act.

"Licensed health care professional" means a physician

licensed to practice medicine in all its branches, a licensed

an advanced practice nurse who has a written collaborative

agreement with a collaborating physician that authorizes the

advanced practice nurse to transmit orders to a respiratory

care practitioner, or a licensed physician assistant who has

been delegated the authority to transmit orders to a

respiratory care practitioner by his or her supervising

physician.

"Order" means a written, oral, or telecommunicated

authorization for respiratory care services for a patient by

(i) a licensed health care professional who maintains medical

supervision of the patient and makes a diagnosis or verifies

that the patient's condition is such that it may be treated by

a respiratory care practitioner or (ii) a certified registered

nurse anesthetist in a licensed hospital or ambulatory surgical

treatment center.

"Other authorized licensed personnel" means a licensed

respiratory care practitioner, a licensed registered nurse, or

a licensed practical nurse whose scope of practice authorizes

the professional to supervise an individual who is not

licensed, certified, or registered as a health professional.

"Proximate supervision" means a situation in which an

individual is responsible for directing the actions of another

individual in the facility and is physically close enough to be

readily available, if needed, by the supervised individual.

"Respiratory care" and "cardiorespiratory care" mean

preventative services, evaluation and assessment services,

therapeutic services, and rehabilitative services under the

order of a licensed health care professional or a certified

registered nurse anesthetist in a licensed hospital for an

individual with a disorder, disease, or abnormality of the

cardiopulmonary system. These terms include, but are not

limited to, measuring, observing, assessing, and monitoring

signs and symptoms, reactions, general behavior, and general

physical response of individuals to respiratory care services,

including the determination of whether those signs, symptoms,

reactions, behaviors, or general physical responses exhibit

abnormal characteristics; the administration of

pharmacological and therapeutic agents related to respiratory

care services; the collection of blood specimens and other

bodily fluids and tissues for, and the performance of,

cardiopulmonary diagnostic testing procedures, including, but

not limited to, blood gas analysis; development,

implementation, and modification of respiratory care treatment

plans based on assessed abnormalities of the cardiopulmonary

system, respiratory care guidelines, referrals, and orders of a

licensed health care professional; application, operation, and

management of mechanical ventilatory support and other means of

life support; and the initiation of emergency procedures under

the rules promulgated by the Department. A respiratory care

practitioner shall refer to a physician licensed to practice

medicine in all its branches any patient whose condition, at

the time of evaluation or treatment, is determined to be beyond

the scope of practice of the respiratory care practitioner.

"Respiratory care education program" means a course of

academic study leading to eligibility for registry or

certification in respiratory care. The training is to be

approved by an accrediting agency recognized by the Board and

shall include an evaluation of competence through a

standardized testing mechanism that is determined by the Board

to be both valid and reliable.

"Respiratory care practitioner" means a person who is

licensed by the Department of Professional Regulation and meets

all of the following criteria:

(1) The person is engaged in the practice of

cardiorespiratory care and has the knowledge and skill

necessary to administer respiratory care.

(2) The person is capable of serving as a resource to

the licensed health care professional in relation to the

technical aspects of cardiorespiratory care and the safe

and effective methods for administering cardiorespiratory

care modalities.

(3) The person is able to function in situations of

unsupervised patient contact requiring great individual

judgment.

(Source: P.A. 94-523, eff. 1-1-06; 95-639, eff. 10-5-07.)

Section 60. The Genetic Counselor Licensing Act is amended

by changing Sections 10, 20, and 95 as follows:

(225 ILCS 135/10)

(Section scheduled to be repealed on January 1, 2025)

Sec. 10. Definitions. As used in this Act:

"ABGC" means the American Board of Genetic Counseling.

"ABMG" means the American Board of Medical Genetics.

"Active candidate status" is awarded to applicants who have

received approval from the ABGC or ABMG to sit for their

respective certification examinations.

"Address of record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file as maintained by the Department's

licensure maintenance unit. It is the duty of the applicant or

licensee to inform the Department of any change of address, and

those changes must be made either through the Department's

website or by contacting the Department.

"Department" means the Department of Financial and

Professional Regulation.

"Genetic anomaly" means a variation in an individual's DNA

that has been shown to confer a genetically influenced disease

or predisposition to a genetically influenced disease or makes

a person a carrier of such variation. A "carrier" of a genetic

anomaly means a person who may or may not have a predisposition

or risk of incurring a genetically influenced condition and who

is at risk of having offspring with a genetically influenced

condition.

"Genetic counseling" means the provision of services,

which may include the ordering of genetic tests, pursuant to a

referral, to individuals, couples, groups, families, and

organizations by one or more appropriately trained individuals

to address the physical and psychological issues associated

with the occurrence or risk of occurrence or recurrence of a

genetic disorder, birth defect, disease, or potentially

inherited or genetically influenced condition in an individual

or a family. "Genetic counseling" consists of the following:

(A) Estimating the likelihood of occurrence or

recurrence of a birth defect or of any potentially

inherited or genetically influenced condition. This

assessment may involve:

(i) obtaining and analyzing a complete health

history of the person and his or her family;

(ii) reviewing pertinent medical records;

(iii) evaluating the risks from exposure to

possible mutagens or teratogens;

(iv) recommending genetic testing or other

evaluations to diagnose a condition or determine the

carrier status of one or more family members;

(B) Helping the individual, family, health care

provider, or health care professional (i) appreciate the

medical, psychological and social implications of a

disorder, including its features, variability, usual

course and management options, (ii) learn how genetic

factors contribute to the disorder and affect the chance

for recurrence of the condition in other family members,

and (iii) understand available options for coping with,

preventing, or reducing the chance of occurrence or

recurrence of a condition.

(C) Facilitating an individual's or family's (i)

exploration of the perception of risk and burden associated

with the disorder and (ii) adjustment and adaptation to the

condition or their genetic risk by addressing needs for

psychological, social, and medical support.

"Genetic counselor" means a person licensed under this Act

to engage in the practice of genetic counseling.

"Genetic testing" and "genetic test" mean a test or

analysis of human genes, gene products, DNA, RNA, chromosomes,

proteins, or metabolites that detects genotypes, mutations,

chromosomal changes, abnormalities, or deficiencies, including

carrier status, that (i) are linked to physical or mental

disorders or impairments, (ii) indicate a susceptibility to

illness, disease, impairment, or other disorders, whether

physical or mental, or (iii) demonstrate genetic or chromosomal

damage due to environmental factors. "Genetic testing" and

"genetic tests" do not include routine physical measurements;

chemical, blood and urine analyses that are widely accepted and

in use in clinical practice; tests for use of drugs; tests for

the presence of the human immunodeficiency virus; analyses of

proteins or metabolites that do not detect genotypes,

mutations, chromosomal changes, abnormalities, or

deficiencies; or analyses of proteins or metabolites that are

directly related to a manifested disease, disorder, or

pathological condition that could reasonably be detected by a

health care professional with appropriate training and

expertise in the field of medicine involved.

"Person" means an individual, association, partnership, or

corporation.

"Qualified supervisor" means any person who is a licensed

genetic counselor, as defined by rule, or a physician licensed

to practice medicine in all its branches. A qualified

supervisor may be provided at the applicant's place of work, or

may be contracted by the applicant to provide supervision. The

qualified supervisor shall file written documentation with the

Department of employment, discharge, or supervisory control of

a genetic counselor at the time of employment, discharge, or

assumption of supervision of a genetic counselor.

"Referral" means a written or telecommunicated

authorization for genetic counseling services from a physician

licensed to practice medicine in all its branches, a licensed

an advanced practice nurse who has a collaborative agreement

with a collaborating physician that authorizes referrals to a

genetic counselor, or a licensed physician assistant who has a

supervision agreement with a supervising physician that

authorizes referrals to a genetic counselor.

"Secretary" means the Secretary of Financial and

Professional Regulation.

"Supervision" means review of aspects of genetic

counseling and case management in a bimonthly meeting with the

person under supervision.

(Source: P.A. 98-813, eff. 1-1-15.)

(225 ILCS 135/20)

(Section scheduled to be repealed on January 1, 2025)

Sec. 20. Restrictions and limitations.

(a) Except as provided in Section 15, no person shall,

without a valid license as a genetic counselor issued by the

Department (i) in any manner hold himself or herself out to the

public as a genetic counselor under this Act; (ii) use in

connection with his or her name or place of business the title

"genetic counselor", "licensed genetic counselor", "gene

counselor", "genetic consultant", or "genetic associate" or

any words, letters, abbreviations, or insignia indicating or

implying a person has met the qualifications for or has the

license issued under this Act; or (iii) offer to render or

render to individuals, corporations, or the public genetic

counseling services if the words "genetic counselor" or

"licensed genetic counselor" are used to describe the person

offering to render or rendering them, or "genetic counseling"

is used to describe the services rendered or offered to be

rendered.

(b) No licensed genetic counselor may provide genetic

counseling to individuals, couples, groups, or families

without a referral from a physician licensed to practice

medicine in all its branches, a licensed an advanced practice

nurse who has a collaborative agreement with a collaborating

physician that authorizes referrals to a genetic counselor, or

a licensed physician assistant who has been delegated authority

to make referrals to genetic counselors. The physician,

advanced practice nurse, or physician assistant shall maintain

supervision of the patient and be provided timely written

reports on the services, including genetic testing results,

provided by the licensed genetic counselor. Genetic testing

shall be ordered by a physician licensed to practice medicine

in all its branches or a genetic counselor pursuant to a

referral that gives the specific authority to order genetic

tests. Genetic test results and reports shall be provided to

the referring physician, advanced practice nurse, or physician

assistant. General seminars or talks to groups or organizations

on genetic counseling that do not include individual, couple,

or family specific counseling may be conducted without a

referral. In clinical settings, genetic counselors who serve as

a liaison between family members of a patient and a genetic

research project, may, with the consent of the patient, provide

information to family members for the purpose of gathering

additional information, as it relates to the patient, without a

referral. In non-clinical settings where no patient is being

treated, genetic counselors who serve as a liaison between a

genetic research project and participants in that genetic

research project may provide information to the participants,

without a referral.

(c) No association or partnership shall practice genetic

counseling unless every member, partner, and employee of the

association or partnership who practices genetic counseling or

who renders genetic counseling services holds a valid license

issued under this Act. No license shall be issued to a

corporation, the stated purpose of which includes or which

practices or which holds itself out as available to practice

genetic counseling, unless it is organized under the

Professional Service Corporation Act.

(d) Nothing in this Act shall be construed as permitting

persons licensed as genetic counselors to engage in any manner

in the practice of medicine in all its branches as defined by

law in this State.

(e) Nothing in this Act shall be construed to authorize a

licensed genetic counselor to diagnose, test (unless

authorized in a referral), or treat any genetic or other

disease or condition.

(f) When, in the course of providing genetic counseling

services to any person, a genetic counselor licensed under this

Act finds any indication of a disease or condition that in his

or her professional judgment requires professional service

outside the scope of practice as defined in this Act, he or she

shall refer that person to a physician licensed to practice

medicine in all of its branches.

(Source: P.A. 98-813, eff. 1-1-15.)

(225 ILCS 135/95)

(Section scheduled to be repealed on January 1, 2025)

Sec. 95. Grounds for discipline.

(a) The Department may refuse to issue, renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department

deems appropriate, including the issuance of fines not to

exceed $10,000 for each violation, with regard to any license

for any one or more of the following:

(1) Material misstatement in furnishing information to

the Department or to any other State agency.

(2) Violations or negligent or intentional disregard

of this Act, or any of its rules.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing, including, but not limited to, convictions,

preceding sentences of supervision, conditional discharge,

or first offender probation, under the laws of any

jurisdiction of the United States: (i) that is a felony or

(ii) that is a misdemeanor, an essential element of which

is dishonesty, or that is directly related to the practice

of genetic counseling.

(4) Making any misrepresentation for the purpose of

obtaining a license, or violating any provision of this Act

or its rules.

(5) Negligence in the rendering of genetic counseling

services.

(6) Failure to provide genetic testing results and any

requested information to a referring physician licensed to

practice medicine in all its branches, advanced practice

nurse, or physician assistant.

(7) Aiding or assisting another person in violating any

provision of this Act or any rules.

(8) Failing to provide information within 60 days in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public and violating the rules of

professional conduct adopted by the Department.

(10) Failing to maintain the confidentiality of any

information received from a client, unless otherwise

authorized or required by law.

(10.5) Failure to maintain client records of services

provided and provide copies to clients upon request.

(11) Exploiting a client for personal advantage,

profit, or interest.

(12) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

which results in inability to practice with reasonable

skill, judgment, or safety.

(13) Discipline by another governmental agency or unit

of government, by any jurisdiction of the United States, or

by a foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth in this Section.

(14) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any professional service not actually rendered.

Nothing in this paragraph (14) affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this Act.

Nothing in this paragraph (14) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(15) A finding by the Department that the licensee,

after having the license placed on probationary status has

violated the terms of probation.

(16) Failing to refer a client to other health care

professionals when the licensee is unable or unwilling to

adequately support or serve the client.

(17) Willfully filing false reports relating to a

licensee's practice, including but not limited to false

records filed with federal or State agencies or

departments.

(18) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(19) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

pursuant to the Abused and Neglected Child Reporting Act,

and upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(20) Physical or mental disability, including

deterioration through the aging process or loss of

abilities and skills which results in the inability to

practice the profession with reasonable judgment, skill,

or safety.

(21) Solicitation of professional services by using

false or misleading advertising.

(22) Failure to file a return, or to pay the tax,

penalty of interest shown in a filed return, or to pay any

final assessment of tax, penalty or interest, as required

by any tax Act administered by the Illinois Department of

Revenue or any successor agency or the Internal Revenue

Service or any successor agency.

(23) Fraud or making any misrepresentation in applying

for or procuring a license under this Act or in connection

with applying for renewal of a license under this Act.

(24) Practicing or attempting to practice under a name

other than the full name as shown on the license or any

other legally authorized name.

(25) Gross overcharging for professional services,

including filing statements for collection of fees or

monies for which services are not rendered.

(26) Providing genetic counseling services to

individuals, couples, groups, or families without a

referral from either a physician licensed to practice

medicine in all its branches, a licensed an advanced

practice nurse who has a collaborative agreement with a

collaborating physician that authorizes the advanced

practice nurse to make referrals to a genetic counselor, or

a licensed physician assistant who has been delegated

authority to make referrals to genetic counselors.

(27) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

(28) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

(b) The Department shall deny, without hearing, any

application or renewal for a license under this Act to any

person who has defaulted on an educational loan guaranteed by

the Illinois State Assistance Commission; however, the

Department may issue a license or renewal if the person in

default has established a satisfactory repayment record as

determined by the Illinois Student Assistance Commission.

(c) The determination by a court that a licensee is subject

to involuntary admission or judicial admission as provided in

the Mental Health and Developmental Disabilities Code will

result in an automatic suspension of his or her license. The

suspension will end upon a finding by a court that the licensee

is no longer subject to involuntary admission or judicial

admission, the issuance of an order so finding and discharging

the patient, and the determination of the Secretary that the

licensee be allowed to resume professional practice.

(d) The Department may refuse to issue or renew or may

suspend without hearing the license of any person who fails to

file a return, to pay the tax penalty or interest shown in a

filed return, or to pay any final assessment of the tax,

penalty, or interest as required by any Act regarding the

payment of taxes administered by the Illinois Department of

Revenue until the requirements of the Act are satisfied in

accordance with subsection (g) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(e) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person based

solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance with

item (5) of subsection (a) of Section 2105-15 of the Department

of Professional Regulation Law of the Civil Administrative Code

of Illinois.

(f) All fines or costs imposed under this Section shall be

paid within 60 days after the effective date of the order

imposing the fine or costs or in accordance with the terms set

forth in the order imposing the fine.

(Source: P.A. 97-813, eff. 7-13-12; 98-813, eff. 1-1-15.)

Section 63. The Illinois Public Aid Code is amended by

changing Section 5-8 as follows:

(305 ILCS 5/5-8) (from Ch. 23, par. 5-8)

Sec. 5-8. Practitioners. In supplying medical assistance,

the Illinois Department may provide for the legally authorized

services of (i) persons licensed under the Medical Practice Act

of 1987, as amended, except as hereafter in this Section

stated, whether under a general or limited license, (ii)

persons licensed under the Nurse Practice Act as advanced

practice nurses, regardless of whether or not the persons have

written collaborative agreements, (iii) persons licensed or

registered under other laws of this State to provide dental,

medical, pharmaceutical, optometric, podiatric, or nursing

services, or other remedial care recognized under State law,

and (iv) (iii) persons licensed under other laws of this State

as a clinical social worker. The Department may not provide for

legally authorized services of any physician who has been

convicted of having performed an abortion procedure in a wilful

and wanton manner on a woman who was not pregnant at the time

such abortion procedure was performed. The utilization of the

services of persons engaged in the treatment or care of the

sick, which persons are not required to be licensed or

registered under the laws of this State, is not prohibited by

this Section.

(Source: P.A. 95-518, eff. 8-28-07.)

Section 65. The Perinatal Mental Health Disorders

Prevention and Treatment Act is amended by changing Section 10

as follows:

(405 ILCS 95/10)

Sec. 10. Definitions. In this Act:

"Hospital" has the meaning given to that term in the

Hospital Licensing Act.

"Licensed health care professional" means a physician

licensed to practice medicine in all its branches, a licensed

an advanced practice nurse who has a collaborative agreement

with a collaborating physician that authorizes care, or a

licensed physician physician's assistant who has been

delegated authority to provide care.

"Postnatal care" means an office visit to a licensed health

care professional occurring after birth, with reference to the

infant or mother.

"Prenatal care" means an office visit to a licensed health

care professional for pregnancy-related care occurring before

birth.

"Questionnaire" means an assessment tool administered by a

licensed health care professional to detect perinatal mental

health disorders, such as the Edinburgh Postnatal Depression

Scale, the Postpartum Depression Screening Scale, the Beck

Depression Inventory, the Patient Health Questionnaire, or

other validated assessment methods.

(Source: P.A. 95-469, eff. 1-1-08.)

Section 70. The Lead Poisoning Prevention Act is amended by

changing Section 6.2 as follows:

(410 ILCS 45/6.2) (from Ch. 111 1/2, par. 1306.2)

Sec. 6.2. Testing children and pregnant persons.

(a) Any physician licensed to practice medicine in all its

branches or health care provider who sees or treats children 6

years of age or younger shall test those children for lead

poisoning when those children reside in an area defined as high

risk by the Department. Children residing in areas defined as

low risk by the Department shall be evaluated for risk by the

Childhood Lead Risk Questionnaire developed by the Department

and tested if indicated. Children shall be evaluated in

accordance with rules adopted by the Department.

(b) Each licensed, registered, or approved health care

facility serving children 6 years of age or younger, including,

but not limited to, health departments, hospitals, clinics, and

health maintenance organizations approved, registered, or

licensed by the Department, shall take the appropriate steps to

ensure that children 6 years of age or younger be evaluated for

risk or tested for lead poisoning or both.

(c) Children 7 years and older and pregnant persons may

also be tested by physicians or health care providers, in

accordance with rules adopted by the Department. Physicians and

health care providers shall also evaluate children for lead

poisoning in conjunction with the school health examination, as

required under the School Code, when, in the medical judgment

judgement of the physician, advanced practice nurse who has a

written collaborative agreement with a collaborating physician

that authorizes the advance practice nurse to perform health

examinations, or physician assistant who has been delegated to

perform health examinations by the supervising physician, the

child is potentially at high risk of lead poisoning.

(d) (Blank).

(Source: P.A. 98-690, eff. 1-1-15; revised 12-10-14.)

Section 75. The Sexual Assault Survivors Emergency

Treatment Act is amended by changing Sections 2.2, 5, and 5.5

as follows:

(410 ILCS 70/2.2)

Sec. 2.2. Emergency contraception.

(a) The General Assembly finds:

(1) Crimes of sexual assault and sexual abuse cause

significant physical, emotional, and psychological trauma

to the victims. This trauma is compounded by a victim's

fear of becoming pregnant and bearing a child as a result

of the sexual assault.

(2) Each year over 32,000 women become pregnant in the

United States as the result of rape and approximately 50%

of these pregnancies end in abortion.

(3) As approved for use by the Federal Food and Drug

Administration (FDA), emergency contraception can

significantly reduce the risk of pregnancy if taken within

72 hours after the sexual assault.

(4) By providing emergency contraception to rape

victims in a timely manner, the trauma of rape can be

significantly reduced.

(b) Within 120 days after the effective date of this

amendatory Act of the 92nd General Assembly, every hospital

providing services to sexual assault survivors in accordance

with a plan approved under Section 2 must develop a protocol

that ensures that each survivor of sexual assault will receive

medically and factually accurate and written and oral

information about emergency contraception; the indications and

counter-indications and risks associated with the use of

emergency contraception; and a description of how and when

victims may be provided emergency contraception upon the

written order of a physician licensed to practice medicine in

all its branches, a licensed an advanced practice nurse who has

a written collaborative agreement with a collaborating

physician that authorizes prescription of emergency

contraception, or a licensed physician assistant who has been

delegated authority to prescribe emergency contraception. The

Department shall approve the protocol if it finds that the

implementation of the protocol would provide sufficient

protection for survivors of sexual assault.

The hospital shall implement the protocol upon approval by

the Department. The Department shall adopt rules and

regulations establishing one or more safe harbor protocols and

setting minimum acceptable protocol standards that hospitals

may develop and implement. The Department shall approve any

protocol that meets those standards. The Department may provide

a sample acceptable protocol upon request.

(Source: P.A. 95-432, eff. 1-1-08.)

(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)

Sec. 5. Minimum requirements for hospitals providing

hospital emergency services and forensic services to sexual

assault survivors.

(a) Every hospital providing hospital emergency services

and forensic services to sexual assault survivors under this

Act shall, as minimum requirements for such services, provide,

with the consent of the sexual assault survivor, and as ordered

by the attending physician, an advanced practice nurse who has

a written collaborative agreement with a collaborating

physician that authorizes provision of emergency services, or a

physician assistant who has been delegated authority to provide

hospital emergency services and forensic services, the

following:

(1) appropriate medical examinations and laboratory

tests required to ensure the health, safety, and welfare of

a sexual assault survivor or which may be used as evidence

in a criminal proceeding against a person accused of the

sexual assault, or both; and records of the results of such

examinations and tests shall be maintained by the hospital

and made available to law enforcement officials upon the

request of the sexual assault survivor;

(2) appropriate oral and written information

concerning the possibility of infection, sexually

transmitted disease and pregnancy resulting from sexual

assault;

(3) appropriate oral and written information

concerning accepted medical procedures, medication, and

possible contraindications of such medication available

for the prevention or treatment of infection or disease

resulting from sexual assault;

(4) an amount of medication for treatment at the

hospital and after discharge as is deemed appropriate by

the attending physician, an advanced practice nurse, or a

physician assistant and consistent with the hospital's

current approved protocol for sexual assault survivors;

(5) an evaluation of the sexual assault survivor's risk

of contracting human immunodeficiency virus (HIV) from the

sexual assault;

(6) written and oral instructions indicating the need

for follow-up examinations and laboratory tests after the

sexual assault to determine the presence or absence of

sexually transmitted disease;

(7) referral by hospital personnel for appropriate

counseling; and

(8) when HIV prophylaxis is deemed appropriate, an

initial dose or doses of HIV prophylaxis, along with

written and oral instructions indicating the importance of

timely follow-up healthcare.

(b) Any person who is a sexual assault survivor who seeks

emergency hospital services and forensic services or follow-up

healthcare under this Act shall be provided such services

without the consent of any parent, guardian, custodian,

surrogate, or agent.

(c) Nothing in this Section creates a physician-patient

relationship that extends beyond discharge from the hospital

emergency department.

(Source: P.A. 95-432, eff. 1-1-08; 96-318, eff. 1-1-10.)

(410 ILCS 70/5.5)

Sec. 5.5. Minimum reimbursement requirements for follow-up

healthcare.

(a) Every hospital, health care professional, laboratory,

or pharmacy that provides follow-up healthcare to a sexual

assault survivor, with the consent of the sexual assault

survivor and as ordered by the attending physician, an advanced

practice nurse who has a written collaborative agreement with a

collaborating physician, or physician assistant who has been

delegated authority by a supervising physician shall be

reimbursed for the follow-up healthcare services provided.

Follow-up healthcare services include, but are not limited to,

the following:

(1) a physical examination;

(2) laboratory tests to determine the presence or

absence of sexually transmitted disease; and

(3) appropriate medications, including HIV

prophylaxis.

(b) Reimbursable follow-up healthcare is limited to office

visits with a physician, advanced practice nurse, or physician

assistant within 90 days after an initial visit for hospital

emergency services.

(c) Nothing in this Section requires a hospital, health

care professional, laboratory, or pharmacy to provide

follow-up healthcare to a sexual assault survivor.

(Source: P.A. 95-432, eff. 1-1-08.)

Section 80. The Consent by Minors to Medical Procedures Act

is amended by changing Sections 1, 1.5, 2, and 3 as follows:

(410 ILCS 210/1) (from Ch. 111, par. 4501)

Sec. 1. Consent by minor. The consent to the performance of

a medical or surgical procedure by a physician licensed to

practice medicine and surgery, a licensed an advanced practice

nurse who has a written collaborative agreement with a

collaborating physician that authorizes provision of services

for minors, or a licensed physician assistant who has been

delegated authority to provide services for minors executed by

a married person who is a minor, by a parent who is a minor, by

a pregnant woman who is a minor, or by any person 18 years of

age or older, is not voidable because of such minority, and,

for such purpose, a married person who is a minor, a parent who

is a minor, a pregnant woman who is a minor, or any person 18

years of age or older, is deemed to have the same legal

capacity to act and has the same powers and obligations as has

a person of legal age.

(Source: P.A. 93-962, eff. 8-20-04.)

(410 ILCS 210/1.5)

Sec. 1.5. Consent by minor seeking care for primary care

services.

(a) The consent to the performance of primary care services

by a physician licensed to practice medicine in all its

branches, a licensed an advanced practice nurse who has a

written collaborative agreement with a collaborating physician

that authorizes provision of services for minors, or a licensed

physician assistant who has been delegated authority to provide

services for minors executed by a minor seeking care is not

voidable because of such minority, and for such purpose, a

minor seeking care is deemed to have the same legal capacity to

act and has the same powers and obligations as has a person of

legal age under the following circumstances:

(1) the health care professional reasonably believes

that the minor seeking care understands the benefits and

risks of any proposed primary care or services; and

(2) the minor seeking care is identified in writing as

a minor seeking care by:

(A) an adult relative;

(B) a representative of a homeless service agency

that receives federal, State, county, or municipal

funding to provide those services or that is otherwise

sanctioned by a local continuum of care;

(C) an attorney licensed to practice law in this

State;

(D) a public school homeless liaison or school

social worker;

(E) a social service agency providing services to

at risk, homeless, or runaway youth; or

(F) a representative of a religious organization.

(b) A health care professional rendering primary care

services under this Section shall not incur civil or criminal

liability for failure to obtain valid consent or professional

discipline for failure to obtain valid consent if he or she

relied in good faith on the representations made by the minor

or the information provided under paragraph (2) of subsection

(a) of this Section. Under such circumstances, good faith shall

be presumed.

(c) The confidential nature of any communication between a

health care professional described in Section 1 of this Act and

a minor seeking care is not waived (1) by the presence, at the

time of communication, of any additional persons present at the

request of the minor seeking care, (2) by the health care

professional's disclosure of confidential information to the

additional person with the consent of the minor seeking care,

when reasonably necessary to accomplish the purpose for which

the additional person is consulted, or (3) by the health care

professional billing a health benefit insurance or plan under

which the minor seeking care is insured, is enrolled, or has

coverage for the services provided.

(d) Nothing in this Section shall be construed to limit or

expand a minor's existing powers and obligations under any

federal, State, or local law. Nothing in this Section shall be

construed to affect the Parental Notice of Abortion Act of

1995. Nothing in this Section affects the right or authority of

a parent or legal guardian to verbally, in writing, or

otherwise authorize health care services to be provided for a

minor in their absence.

(e) For the purposes of this Section:

"Minor seeking care" means a person at least 14 years

of age but less than 18 years of age who is living separate

and apart from his or her parents or legal guardian,

whether with or without the consent of a parent or legal

guardian who is unable or unwilling to return to the

residence of a parent, and managing his or her own personal

affairs. "Minor seeking care" does not include minors who

are under the protective custody, temporary custody, or

guardianship of the Department of Children and Family

Services.

"Primary care services" means health care services

that include screening, counseling, immunizations,

medication, and treatment of illness and conditions

customarily provided by licensed health care professionals

in an out-patient setting. "Primary care services" does not

include invasive care, beyond standard injections,

laceration care, or non-surgical fracture care.

(Source: P.A. 98-671, eff. 10-1-14.)

(410 ILCS 210/2) (from Ch. 111, par. 4502)

Sec. 2. Any parent, including a parent who is a minor, may

consent to the performance upon his or her child of a medical

or surgical procedure by a physician licensed to practice

medicine and surgery, a licensed an advanced practice nurse who

has a written collaborative agreement with a collaborating

physician that authorizes provision of services for minors, or

a licensed physician assistant who has been delegated authority

to provide services for minors or a dental procedure by a

licensed dentist. The consent of a parent who is a minor shall

not be voidable because of such minority, but, for such

purpose, a parent who is a minor shall be deemed to have the

same legal capacity to act and shall have the same powers and

obligations as has a person of legal age.

(Source: P.A. 93-962, eff. 8-20-04.)

(410 ILCS 210/3) (from Ch. 111, par. 4503)

Sec. 3. (a) Where a hospital, a physician licensed to

practice medicine or surgery, a licensed an advanced practice

nurse who has a written collaborative agreement with a

collaborating physician that authorizes provision of services

for minors, or a licensed physician assistant who has been

delegated authority to provide services for minors renders

emergency treatment or first aid or a licensed dentist renders

emergency dental treatment to a minor, consent of the minor's

parent or legal guardian need not be obtained if, in the sole

opinion of the physician, advanced practice nurse, physician

assistant, dentist, or hospital, the obtaining of consent is

not reasonably feasible under the circumstances without

adversely affecting the condition of such minor's health.

(b) Where a minor is the victim of a predatory criminal

sexual assault of a child, aggravated criminal sexual assault,

criminal sexual assault, aggravated criminal sexual abuse or

criminal sexual abuse, as provided in Sections 11-1.20 through

11-1.60 of the Criminal Code of 2012, the consent of the

minor's parent or legal guardian need not be obtained to

authorize a hospital, physician, advanced practice nurse,

physician assistant, or other medical personnel to furnish

medical care or counseling related to the diagnosis or

treatment of any disease or injury arising from such offense.

The minor may consent to such counseling, diagnosis or

treatment as if the minor had reached his or her age of

majority. Such consent shall not be voidable, nor subject to

later disaffirmance, because of minority.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

Section 85. The Prenatal and Newborn Care Act is amended by

changing Section 2 as follows:

(410 ILCS 225/2) (from Ch. 111 1/2, par. 7022)

Sec. 2. Definitions. As used in this Act, unless the

context otherwise requires:

"Advanced practice nurse" or "APN" means an advanced

practice nurse licensed under the Nurse Practice Act who has a

written collaborative agreement with a collaborating physician

that authorizes the provision of prenatal and newborn care.

"Department" means the Illinois Department of Human

Services.

"Early and Periodic Screening, Diagnosis and Treatment

(EPSDT)" means the provision of preventative health care under

42 C.F.R. 441.50 et seq., including medical and dental

services, needed to assess growth and development and detect

and treat health problems.

"Hospital" means a hospital as defined under the Hospital

Licensing Act.

"Local health authority" means the full-time official

health department or board of health, as recognized by the

Illinois Department of Public Health, having jurisdiction over

a particular area.

"Nurse" means a nurse licensed under the Nurse Practice

Act.

"Physician" means a physician licensed to practice

medicine in all of its branches.

"Physician assistant" means a physician assistant licensed

under the Physician Assistant Practice Act of 1987 who has been

delegated authority to provide prenatal and newborn care.

"Postnatal visit" means a visit occurring after birth, with

reference to the newborn.

"Prenatal visit" means a visit occurring before birth.

"Program" means the Prenatal and Newborn Care Program

established pursuant to this Act.

(Source: P.A. 95-639, eff. 10-5-07.)

Section 90. The AIDS Confidentiality Act is amended by

changing Section 3 as follows:

(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)

Sec. 3. When used in this Act:

(a) "AIDS" means acquired immunodeficiency syndrome.

(b) "Authority" means the Illinois Health Information

Exchange Authority established pursuant to the Illinois Health

Information Exchange and Technology Act.

(c) "Business associate" has the meaning ascribed to it

under HIPAA, as specified in 45 CFR 160.103.

(d) "Covered entity" has the meaning ascribed to it under

HIPAA, as specified in 45 CFR 160.103.

(e) "De-identified information" means health information

that is not individually identifiable as described under HIPAA,

as specified in 45 CFR 164.514(b).

(f) "Department" means the Illinois Department of Public

Health or its designated agents.

(g) "Disclosure" has the meaning ascribed to it under

HIPAA, as specified in 45 CFR 160.103.

(h) "Health care operations" has the meaning ascribed to it

under HIPAA, as specified in 45 CFR 164.501.

(i) "Health care professional" means (i) a licensed

physician, (ii) a licensed physician assistant to whom the

physician assistant's supervising physician has delegated the

provision of AIDS and HIV-related health services, (iii) a

licensed an advanced practice registered nurse who has a

written collaborative agreement with a collaborating physician

which authorizes the provision of AIDS and HIV-related health

services, (iv) a licensed dentist, (v) a licensed podiatric

physician, or (vi) an individual certified to provide HIV

testing and counseling by a state or local public health

department.

(j) "Health care provider" has the meaning ascribed to it

under HIPAA, as specified in 45 CFR 160.103.

(k) "Health facility" means a hospital, nursing home, blood

bank, blood center, sperm bank, or other health care

institution, including any "health facility" as that term is

defined in the Illinois Finance Authority Act.

(l) "Health information exchange" or "HIE" means a health

information exchange or health information organization that

oversees and governs the electronic exchange of health

information that (i) is established pursuant to the Illinois

Health Information Exchange and Technology Act, or any

subsequent amendments thereto, and any administrative rules

adopted thereunder; (ii) has established a data sharing

arrangement with the Authority; or (iii) as of August 16, 2013,

was designated by the Authority Board as a member of, or was

represented on, the Authority Board's Regional Health

Information Exchange Workgroup; provided that such designation

shall not require the establishment of a data sharing

arrangement or other participation with the Illinois Health

Information Exchange or the payment of any fee. In certain

circumstances, in accordance with HIPAA, an HIE will be a

business associate.

(m) "Health oversight agency" has the meaning ascribed to

it under HIPAA, as specified in 45 CFR 164.501.

(n) "HIPAA" means the Health Insurance Portability and

Accountability Act of 1996, Public Law 104-191, as amended by

the Health Information Technology for Economic and Clinical

Health Act of 2009, Public Law 111-05, and any subsequent

amendments thereto and any regulations promulgated thereunder.

(o) "HIV" means the human immunodeficiency virus.

(p) "HIV-related information" means the identity of a

person upon whom an HIV test is performed, the results of an

HIV test, as well as diagnosis, treatment, and prescription

information that reveals a patient is HIV-positive, including

such information contained in a limited data set. "HIV-related

information" does not include information that has been

de-identified in accordance with HIPAA.

(q) "Informed consent" means a written or verbal agreement

by the subject of a test or the subject's legally authorized

representative without undue inducement or any element of

force, fraud, deceit, duress, or other form of constraint or

coercion, which entails at least the following pre-test

information:

(1) a fair explanation of the test, including its

purpose, potential uses, limitations, and the meaning of

its results;

(2) a fair explanation of the procedures to be

followed, including the voluntary nature of the test, the

right to withdraw consent to the testing process at any

time, the right to anonymity to the extent provided by law

with respect to participation in the test and disclosure of

test results, and the right to confidential treatment of

information identifying the subject of the test and the

results of the test, to the extent provided by law; and

(3) where the person providing informed consent is a

participant in an HIE, a fair explanation that the results

of the patient's HIV test will be accessible through an HIE

and meaningful disclosure of the patient's opt-out right

under Section 9.6 of this Act.

Pre-test information may be provided in writing, verbally,

or by video, electronic, or other means. The subject must be

offered an opportunity to ask questions about the HIV test and

decline testing. Nothing in this Act shall prohibit a health

care provider or health care professional from combining a form

used to obtain informed consent for HIV testing with forms used

to obtain written consent for general medical care or any other

medical test or procedure provided that the forms make it clear

that the subject may consent to general medical care, tests, or

medical procedures without being required to consent to HIV

testing and clearly explain how the subject may opt out of HIV

testing.

(r) "Limited data set" has the meaning ascribed to it under

HIPAA, as described in 45 CFR 164.514(e)(2).

(s) "Minimum necessary" means the HIPAA standard for using,

disclosing, and requesting protected health information found

in 45 CFR 164.502(b) and 164.514(d).

(t) "Organized health care arrangement" has the meaning

ascribed to it under HIPAA, as specified in 45 CFR 160.103.

(u) "Patient safety activities" has the meaning ascribed to

it under 42 CFR 3.20.

(v) "Payment" has the meaning ascribed to it under HIPAA,

as specified in 45 CFR 164.501.

(w) "Person" includes any natural person, partnership,

association, joint venture, trust, governmental entity, public

or private corporation, health facility, or other legal entity.

(x) "Protected health information" has the meaning

ascribed to it under HIPAA, as specified in 45 CFR 160.103.

(y) "Research" has the meaning ascribed to it under HIPAA,

as specified in 45 CFR 164.501.

(z) "State agency" means an instrumentality of the State of

Illinois and any instrumentality of another state that,

pursuant to applicable law or a written undertaking with an

instrumentality of the State of Illinois, is bound to protect

the privacy of HIV-related information of Illinois persons.

(aa) "Test" or "HIV test" means a test to determine the

presence of the antibody or antigen to HIV, or of HIV

infection.

(bb) "Treatment" has the meaning ascribed to it under

HIPAA, as specified in 45 CFR 164.501.

(cc) "Use" has the meaning ascribed to it under HIPAA, as

specified in 45 CFR 160.103, where context dictates.

(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15.)

Section 95. The Illinois Sexually Transmissible Disease

Control Act is amended by changing Sections 3 and 4 as follows:

(410 ILCS 325/3) (from Ch. 111 1/2, par. 7403)

Sec. 3. Definitions. As used in this Act, unless the

context clearly requires otherwise:

(1) "Department" means the Department of Public Health.

(2) "Local health authority" means the full-time official

health department of board of health, as recognized by the

Department, having jurisdiction over a particular area.

(3) "Sexually transmissible disease" means a bacterial,

viral, fungal or parasitic disease, determined by rule of the

Department to be sexually transmissible, to be a threat to the

public health and welfare, and to be a disease for which a

legitimate public interest will be served by providing for

regulation and treatment. In considering which diseases are to

be designated sexually transmissible diseases, the Department

shall consider such diseases as chancroid, gonorrhea,

granuloma inguinale, lymphogranuloma venereum, genital herpes

simplex, chlamydia, nongonococcal urethritis (NGU), pelvic

inflammatory disease (PID)/Acute Salpingitis, syphilis,

Acquired Immunodeficiency Syndrome (AIDS), and Human

Immunodeficiency Virus (HIV) for designation, and shall

consider the recommendations and classifications of the

Centers for Disease Control and other nationally recognized

medical authorities. Not all diseases that are sexually

transmissible need be designated for purposes of this Act.

(4) "Health care professional" means a physician licensed

to practice medicine in all its branches, a licensed physician

assistant who has been delegated the provision of sexually

transmissible disease therapy services or expedited partner

therapy services by his or her supervising physician, or a

licensed an advanced practice nurse who has a written

collaborative agreement with a collaborating physician that

authorizes the provision of sexually transmissible disease

therapy services or expedited partner therapy services, or an

advanced practice nurse who practices in a hospital or

ambulatory surgical treatment center and possesses appropriate

clinical privileges in accordance with the Nurse Practice Act.

(5) "Expedited partner therapy" means to prescribe,

dispense, furnish, or otherwise provide prescription

antibiotic drugs to the partner or partners of persons

clinically diagnosed as infected with a sexually transmissible

disease, without physical examination of the partner or

partners.

(Source: P.A. 96-613, eff. 1-1-10.)

(410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)

Sec. 4. Reporting required.

(a) A physician licensed under the provisions of the

Medical Practice Act of 1987, an advanced practice nurse

licensed under the provisions of the Nurse Practice Act who has

a written collaborative agreement with a collaborating

physician that authorizes the provision of services for a

sexually transmissible disease, or a physician assistant

licensed under the provisions of the Physician Assistant

Practice Act of 1987 who has been delegated authority to

provide services for a sexually transmissible disease who makes

a diagnosis of or treats a person with a sexually transmissible

disease and each laboratory that performs a test for a sexually

transmissible disease which concludes with a positive result

shall report such facts as may be required by the Department by

rule, within such time period as the Department may require by

rule, but in no case to exceed 2 weeks.

(b) The Department shall adopt rules specifying the

information required in reporting a sexually transmissible

disease, the method of reporting and specifying a minimum time

period for reporting. In adopting such rules, the Department

shall consider the need for information, protections for the

privacy and confidentiality of the patient, and the practical

abilities of persons and laboratories to report in a reasonable

fashion.

(c) Any person who knowingly or maliciously disseminates

any false information or report concerning the existence of any

sexually transmissible disease under this Section is guilty of

a Class A misdemeanor.

(d) Any person who violates the provisions of this Section

or the rules adopted hereunder may be fined by the Department

up to $500 for each violation. The Department shall report each

violation of this Section to the regulatory agency responsible

for licensing a health care professional or a laboratory to

which these provisions apply.

(Source: P.A. 95-639, eff. 10-5-07.)

Section 100. The Perinatal HIV Prevention Act is amended by

changing Section 5 as follows:

(410 ILCS 335/5)

Sec. 5. Definitions. In this Act:

"Department" means the Department of Public Health.

"Health care professional" means a physician licensed to

practice medicine in all its branches, a licensed physician

assistant who has been delegated the provision of health

services by his or her supervising physician, or a licensed an

advanced practice registered nurse who has a written

collaborative agreement with a collaborating physician that

authorizes the provision of health services.

"Health care facility" or "facility" means any hospital or

other institution that is licensed or otherwise authorized to

deliver health care services.

"Health care services" means any prenatal medical care or

labor or delivery services to a pregnant woman and her newborn

infant, including hospitalization.

(Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)

Section 105. The Genetic Information Privacy Act is amended

by changing Section 10 as follows:

(410 ILCS 513/10)

Sec. 10. Definitions. As used in this Act:

"Authority" means the Illinois Health Information Exchange

Authority established pursuant to the Illinois Health

Information Exchange and Technology Act.

"Business associate" has the meaning ascribed to it under

HIPAA, as specified in 45 CFR 160.103.

"Covered entity" has the meaning ascribed to it under

HIPAA, as specified in 45 CFR 160.103.

"De-identified information" means health information that

is not individually identifiable as described under HIPAA, as

specified in 45 CFR 164.514(b).

"Disclosure" has the meaning ascribed to it under HIPAA, as

specified in 45 CFR 160.103.

"Employer" means the State of Illinois, any unit of local

government, and any board, commission, department,

institution, or school district, any party to a public

contract, any joint apprenticeship or training committee

within the State, and every other person employing employees

within the State.

"Employment agency" means both public and private

employment agencies and any person, labor organization, or

labor union having a hiring hall or hiring office regularly

undertaking, with or without compensation, to procure

opportunities to work, or to procure, recruit, refer, or place

employees.

"Family member" means, with respect to an individual, (i)

the spouse of the individual; (ii) a dependent child of the

individual, including a child who is born to or placed for

adoption with the individual; (iii) any other person qualifying

as a covered dependent under a managed care plan; and (iv) all

other individuals related by blood or law to the individual or

the spouse or child described in subsections (i) through (iii)

of this definition.

"Genetic information" has the meaning ascribed to it under

HIPAA, as specified in 45 CFR 160.103.

"Genetic monitoring" means the periodic examination of

employees to evaluate acquired modifications to their genetic

material, such as chromosomal damage or evidence of increased

occurrence of mutations that may have developed in the course

of employment due to exposure to toxic substances in the

workplace in order to identify, evaluate, and respond to

effects of or control adverse environmental exposures in the

workplace.

"Genetic services" has the meaning ascribed to it under

HIPAA, as specified in 45 CFR 160.103.

"Genetic testing" and "genetic test" have the meaning

ascribed to "genetic test" under HIPAA, as specified in 45 CFR

160.103.

"Health care operations" has the meaning ascribed to it

under HIPAA, as specified in 45 CFR 164.501.

"Health care professional" means (i) a licensed physician,

(ii) a licensed physician assistant to whom the physician

assistant's supervising physician has delegated the provision

of genetic testing or genetic counseling-related services,

(iii) a licensed an advanced practice registered nurse who has

a written collaborative agreement with a collaborating

physician which authorizes the provision of genetic testing or

genetic counseling-related health services, (iv) a licensed

dentist, (v) a licensed podiatrist, (vi) a licensed genetic

counselor, or (vii) an individual certified to provide genetic

testing by a state or local public health department.

"Health care provider" has the meaning ascribed to it under

HIPAA, as specified in 45 CFR 160.103.

"Health facility" means a hospital, blood bank, blood

center, sperm bank, or other health care institution, including

any "health facility" as that term is defined in the Illinois

Finance Authority Act.

"Health information exchange" or "HIE" means a health

information exchange or health information organization that

exchanges health information electronically that (i) is

established pursuant to the Illinois Health Information

Exchange and Technology Act, or any subsequent amendments

thereto, and any administrative rules promulgated thereunder;

(ii) has established a data sharing arrangement with the

Authority; or (iii) as of August 16, 2013, was designated by

the Authority Board as a member of, or was represented on, the

Authority Board's Regional Health Information Exchange

Workgroup; provided that such designation shall not require the

establishment of a data sharing arrangement or other

participation with the Illinois Health Information Exchange or

the payment of any fee. In certain circumstances, in accordance

with HIPAA, an HIE will be a business associate.

"Health oversight agency" has the meaning ascribed to it

under HIPAA, as specified in 45 CFR 164.501.

"HIPAA" means the Health Insurance Portability and

Accountability Act of 1996, Public Law 104-191, as amended by

the Health Information Technology for Economic and Clinical

Health Act of 2009, Public Law 111-05, and any subsequent

amendments thereto and any regulations promulgated thereunder.

"Insurer" means (i) an entity that is subject to the

jurisdiction of the Director of Insurance and (ii) a managed

care plan.

"Labor organization" includes any organization, labor

union, craft union, or any voluntary unincorporated

association designed to further the cause of the rights of

union labor that is constituted for the purpose, in whole or in

part, of collective bargaining or of dealing with employers

concerning grievances, terms or conditions of employment, or

apprenticeships or applications for apprenticeships, or of

other mutual aid or protection in connection with employment,

including apprenticeships or applications for apprenticeships.

"Licensing agency" means a board, commission, committee,

council, department, or officers, except a judicial officer, in

this State or any political subdivision authorized to grant,

deny, renew, revoke, suspend, annul, withdraw, or amend a

license or certificate of registration.

"Limited data set" has the meaning ascribed to it under

HIPAA, as described in 45 CFR 164.514(e)(2).

"Managed care plan" means a plan that establishes,

operates, or maintains a network of health care providers that

have entered into agreements with the plan to provide health

care services to enrollees where the plan has the ultimate and

direct contractual obligation to the enrollee to arrange for

the provision of or pay for services through:

(1) organizational arrangements for ongoing quality

assurance, utilization review programs, or dispute

resolution; or

(2) financial incentives for persons enrolled in the

plan to use the participating providers and procedures

covered by the plan.

A managed care plan may be established or operated by any

entity including a licensed insurance company, hospital or

medical service plan, health maintenance organization, limited

health service organization, preferred provider organization,

third party administrator, or an employer or employee

organization.

"Minimum necessary" means HIPAA's standard for using,

disclosing, and requesting protected health information found

in 45 CFR 164.502(b) and 164.514(d).

"Nontherapeutic purpose" means a purpose that is not

intended to improve or preserve the life or health of the

individual whom the information concerns.

"Organized health care arrangement" has the meaning

ascribed to it under HIPAA, as specified in 45 CFR 160.103.

"Patient safety activities" has the meaning ascribed to it

under 42 CFR 3.20.

"Payment" has the meaning ascribed to it under HIPAA, as

specified in 45 CFR 164.501.

"Person" includes any natural person, partnership,

association, joint venture, trust, governmental entity, public

or private corporation, health facility, or other legal entity.

"Protected health information" has the meaning ascribed to

it under HIPAA, as specified in 45 CFR 164.103.

"Research" has the meaning ascribed to it under HIPAA, as

specified in 45 CFR 164.501.

"State agency" means an instrumentality of the State of

Illinois and any instrumentality of another state which

pursuant to applicable law or a written undertaking with an

instrumentality of the State of Illinois is bound to protect

the privacy of genetic information of Illinois persons.

"Treatment" has the meaning ascribed to it under HIPAA, as

specified in 45 CFR 164.501.

"Use" has the meaning ascribed to it under HIPAA, as

specified in 45 CFR 160.103, where context dictates.

(Source: P.A. 98-1046, eff. 1-1-15.)

Section 110. The Home Health and Hospice Drug Dispensation

and Administration Act is amended by changing Section 10 as

follows:

(410 ILCS 642/10)

Sec. 10. Definitions. In this Act:

"Authorized nursing employee" means a registered nurse or

advanced practice nurse, as defined in the Nurse Practice Act,

who is employed by a home health agency or hospice licensed in

this State.

"Health care professional" means a physician licensed to

practice medicine in all its branches, a licensed an advanced

practice nurse who has a written collaborative agreement with a

collaborating physician that authorizes services under this

Act, or a licensed physician assistant who has been delegated

the authority to perform services under this Act by his or her

supervising physician.

"Home health agency" has the meaning ascribed to it in

Section 2.04 of the Home Health, Home Services, and Home

Nursing Agency Licensing Act.

"Hospice" means a full hospice, as defined in Section 3 of

the Hospice Program Licensing Act.

"Physician" means a physician licensed under the Medical

Practice Act of 1987 to practice medicine in all its branches.

(Source: P.A. 94-638, eff. 8-22-05; 95-331, eff. 8-21-07;

95-639, eff. 10-5-07.)

Section 115. The Illinois Vehicle Code is amended by

changing Sections 1-159.1, 3-616, 6-103, 6-106.1, and 6-901 as

follows:

(625 ILCS 5/1-159.1) (from Ch. 95 1/2, par. 1-159.1)

Sec. 1-159.1. Person with disabilities. A natural person

who, as determined by a licensed physician, by a licensed

physician assistant who has been delegated the authority to

make this determination by his or her supervising physician, or

by a licensed an advanced practice nurse who has a written

collaborative agreement with a collaborating physician that

authorizes the advanced practice nurse to make this

determination: (1) cannot walk without the use of, or

assistance from, a brace, cane, crutch, another person,

prosthetic device, wheelchair, or other assistive device; (2)

is restricted by lung disease to such an extent that his or her

forced (respiratory) expiratory volume for one second, when

measured by spirometry, is less than one liter, or the arterial

oxygen tension is less than 60 mm/hg on room air at rest; (3)

uses portable oxygen; (4) has a cardiac condition to the extent

that the person's functional limitations are classified in

severity as Class III or Class IV, according to standards set

by the American Heart Association; (5) is severely limited in

the person's ability to walk due to an arthritic, neurological,

oncological, or orthopedic condition; (6) cannot walk 200 feet

without stopping to rest because of one of the above 5

conditions; or (7) is missing a hand or arm or has permanently

lost the use of a hand or arm.

(Source: P.A. 98-405, eff. 1-1-14.)

(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)

Sec. 3-616. Disability license plates.

(a) Upon receiving an application for a certificate of

registration for a motor vehicle of the first division or for a

motor vehicle of the second division weighing no more than

8,000 pounds, accompanied with payment of the registration fees

required under this Code from a person with disabilities or a

person who is deaf or hard of hearing, the Secretary of State,

if so requested, shall issue to such person registration plates

as provided for in Section 3-611, provided that the person with

disabilities or person who is deaf or hard of hearing must not

be disqualified from obtaining a driver's license under

subsection 8 of Section 6-103 of this Code, and further

provided that any person making such a request must submit a

statement, certified by a licensed physician, by a licensed

physician assistant who has been delegated the authority to

make this certification by his or her supervising physician, or

by a licensed an advanced practice nurse who has a written

collaborative agreement with a collaborating physician that

authorizes the advanced practice nurse to make this

certification, to the effect that such person is a person with

disabilities as defined by Section 1-159.1 of this Code, or

alternatively provide adequate documentation that such person

has a Class 1A, Class 2A or Type Four disability under the

provisions of Section 4A of the Illinois Identification Card

Act. For purposes of this Section, an Illinois Person with a

Disability Identification Card issued pursuant to the Illinois

Identification Card Act indicating that the person thereon

named has a disability shall be adequate documentation of such

a disability.

(b) The Secretary shall issue plates under this Section to

a parent or legal guardian of a person with disabilities if the

person with disabilities has a Class 1A or Class 2A disability

as defined in Section 4A of the Illinois Identification Card

Act or is a person with disabilities as defined by Section

1-159.1 of this Code, and does not possess a vehicle registered

in his or her name, provided that the person with disabilities

relies frequently on the parent or legal guardian for

transportation. Only one vehicle per family may be registered

under this subsection, unless the applicant can justify in

writing the need for one additional set of plates. Any person

requesting special plates under this subsection shall submit

such documentation or such physician's, physician assistant's,

or advanced practice nurse's statement as is required in

subsection (a) and a statement describing the circumstances

qualifying for issuance of special plates under this

subsection. An optometrist may certify a Class 2A Visual

Disability, as defined in Section 4A of the Illinois

Identification Card Act, for the purpose of qualifying a person

with disabilities for special plates under this subsection.

(c) The Secretary may issue a parking decal or device to a

person with disabilities as defined by Section 1-159.1 without

regard to qualification of such person with disabilities for a

driver's license or registration of a vehicle by such person

with disabilities or such person's immediate family, provided

such person with disabilities making such a request has been

issued an Illinois Person with a Disability Identification Card

indicating that the person named thereon has a Class 1A or

Class 2A disability, or alternatively, submits a statement

certified by a licensed physician, or by a licensed physician

assistant or a licensed an advanced practice nurse as provided

in subsection (a), to the effect that such person is a person

with disabilities as defined by Section 1-159.1. An optometrist

may certify a Class 2A Visual Disability as defined in Section

4A of the Illinois Identification Card Act for the purpose of

qualifying a person with disabilities for a parking decal or

device under this subsection.

(d) The Secretary shall prescribe by rules and regulations

procedures to certify or re-certify as necessary the

eligibility of persons whose disabilities are other than

permanent for special plates or parking decals or devices

issued under subsections (a), (b) and (c). Except as provided

under subsection (f) of this Section, no such special plates,

decals or devices shall be issued by the Secretary of State to

or on behalf of any person with disabilities unless such person

is certified as meeting the definition of a person with

disabilities pursuant to Section 1-159.1 or meeting the

requirement of a Type Four disability as provided under Section

4A of the Illinois Identification Card Act for the period of

time that the physician, or the physician assistant or advanced

practice nurse as provided in subsection (a), determines the

applicant will have the disability, but not to exceed 6 months

from the date of certification or recertification.

(e) Any person requesting special plates under this Section

may also apply to have the special plates personalized, as

provided under Section 3-405.1.

(f) The Secretary of State, upon application, shall issue

disability registration plates or a parking decal to

corporations, school districts, State or municipal agencies,

limited liability companies, nursing homes, convalescent

homes, or special education cooperatives which will transport

persons with disabilities. The Secretary shall prescribe by

rule a means to certify or re-certify the eligibility of

organizations to receive disability plates or decals and to

designate which of the 2 person with disabilities emblems shall

be placed on qualifying vehicles.

(g) The Secretary of State, or his designee, may enter into

agreements with other jurisdictions, including foreign

jurisdictions, on behalf of this State relating to the

extension of parking privileges by such jurisdictions to

permanently disabled residents of this State who display a

special license plate or parking device that contains the

International symbol of access on his or her motor vehicle, and

to recognize such plates or devices issued by such other

jurisdictions. This State shall grant the same parking

privileges which are granted to disabled residents of this

State to any non-resident whose motor vehicle is licensed in

another state, district, territory or foreign country if such

vehicle displays the international symbol of access or a

distinguishing insignia on license plates or parking device

issued in accordance with the laws of the non-resident's state,

district, territory or foreign country.

(Source: P.A. 97-1064, eff. 1-1-13.)

(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)

Sec. 6-103. What persons shall not be licensed as drivers

or granted permits. The Secretary of State shall not issue,

renew, or allow the retention of any driver's license nor issue

any permit under this Code:

1. To any person, as a driver, who is under the age of

18 years except as provided in Section 6-107, and except

that an instruction permit may be issued under Section

6-107.1 to a child who is not less than 15 years of age if

the child is enrolled in an approved driver education

course as defined in Section 1-103 of this Code and

requires an instruction permit to participate therein,

except that an instruction permit may be issued under the

provisions of Section 6-107.1 to a child who is 17 years

and 3 months of age without the child having enrolled in an

approved driver education course and except that an

instruction permit may be issued to a child who is at least

15 years and 3 months of age, is enrolled in school, meets

the educational requirements of the Driver Education Act,

and has passed examinations the Secretary of State in his

or her discretion may prescribe;

1.5. To any person at least 18 years of age but less

than 21 years of age unless the person has, in addition to

any other requirements of this Code, successfully

completed an adult driver education course as provided in

Section 6-107.5 of this Code;

2. To any person who is under the age of 18 as an

operator of a motorcycle other than a motor driven cycle

unless the person has, in addition to meeting the

provisions of Section 6-107 of this Code, successfully

completed a motorcycle training course approved by the

Illinois Department of Transportation and successfully

completes the required Secretary of State's motorcycle

driver's examination;

3. To any person, as a driver, whose driver's license

or permit has been suspended, during the suspension, nor to

any person whose driver's license or permit has been

revoked, except as provided in Sections 6-205, 6-206, and

6-208;

4. To any person, as a driver, who is a user of alcohol

or any other drug to a degree that renders the person

incapable of safely driving a motor vehicle;

5. To any person, as a driver, who has previously been

adjudged to be afflicted with or suffering from any mental

or physical disability or disease and who has not at the

time of application been restored to competency by the

methods provided by law;

6. To any person, as a driver, who is required by the

Secretary of State to submit an alcohol and drug evaluation

or take an examination provided for in this Code unless the

person has successfully passed the examination and

submitted any required evaluation;

7. To any person who is required under the provisions

of the laws of this State to deposit security or proof of

financial responsibility and who has not deposited the

security or proof;

8. To any person when the Secretary of State has good

cause to believe that the person by reason of physical or

mental disability would not be able to safely operate a

motor vehicle upon the highways, unless the person shall

furnish to the Secretary of State a verified written

statement, acceptable to the Secretary of State, from a

competent medical specialist, a licensed physician

assistant who has been delegated the performance of medical

examinations by his or her supervising physician, or a

licensed advanced practice nurse who has a written

collaborative agreement with a collaborating physician

which authorizes him or her to perform medical

examinations, to the effect that the operation of a motor

vehicle by the person would not be inimical to the public

safety;

9. To any person, as a driver, who is 69 years of age

or older, unless the person has successfully complied with

the provisions of Section 6-109;

10. To any person convicted, within 12 months of

application for a license, of any of the sexual offenses

enumerated in paragraph 2 of subsection (b) of Section

6-205;

11. To any person who is under the age of 21 years with

a classification prohibited in paragraph (b) of Section

6-104 and to any person who is under the age of 18 years

with a classification prohibited in paragraph (c) of

Section 6-104;

12. To any person who has been either convicted of or

adjudicated under the Juvenile Court Act of 1987 based upon

a violation of the Cannabis Control Act, the Illinois

Controlled Substances Act, or the Methamphetamine Control

and Community Protection Act while that person was in

actual physical control of a motor vehicle. For purposes of

this Section, any person placed on probation under Section

10 of the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act shall

not be considered convicted. Any person found guilty of

this offense, while in actual physical control of a motor

vehicle, shall have an entry made in the court record by

the judge that this offense did occur while the person was

in actual physical control of a motor vehicle and order the

clerk of the court to report the violation to the Secretary

of State as such. The Secretary of State shall not issue a

new license or permit for a period of one year;

13. To any person who is under the age of 18 years and

who has committed the offense of operating a motor vehicle

without a valid license or permit in violation of Section

6-101 or a similar out of state offense;

14. To any person who is 90 days or more delinquent in

court ordered child support payments or has been

adjudicated in arrears in an amount equal to 90 days'

obligation or more and who has been found in contempt of

court for failure to pay the support, subject to the

requirements and procedures of Article VII of Chapter 7 of

the Illinois Vehicle Code;

14.5. To any person certified by the Illinois

Department of Healthcare and Family Services as being 90

days or more delinquent in payment of support under an

order of support entered by a court or administrative body

of this or any other State, subject to the requirements and

procedures of Article VII of Chapter 7 of this Code

regarding those certifications;

15. To any person released from a term of imprisonment

for violating Section 9-3 of the Criminal Code of 1961 or

the Criminal Code of 2012, or a similar provision of a law

of another state relating to reckless homicide or for

violating subparagraph (F) of paragraph (1) of subsection

(d) of Section 11-501 of this Code relating to aggravated

driving under the influence of alcohol, other drug or

drugs, intoxicating compound or compounds, or any

combination thereof, if the violation was the proximate

cause of a death, within 24 months of release from a term

of imprisonment;

16. To any person who, with intent to influence any act

related to the issuance of any driver's license or permit,

by an employee of the Secretary of State's Office, or the

owner or employee of any commercial driver training school

licensed by the Secretary of State, or any other individual

authorized by the laws of this State to give driving

instructions or administer all or part of a driver's

license examination, promises or tenders to that person any

property or personal advantage which that person is not

authorized by law to accept. Any persons promising or

tendering such property or personal advantage shall be

disqualified from holding any class of driver's license or

permit for 120 consecutive days. The Secretary of State

shall establish by rule the procedures for implementing

this period of disqualification and the procedures by which

persons so disqualified may obtain administrative review

of the decision to disqualify;

17. To any person for whom the Secretary of State

cannot verify the accuracy of any information or

documentation submitted in application for a driver's

license; or

18. To any person who has been adjudicated under the

Juvenile Court Act of 1987 based upon an offense that is

determined by the court to have been committed in

furtherance of the criminal activities of an organized

gang, as provided in Section 5-710 of that Act, and that

involved the operation or use of a motor vehicle or the use

of a driver's license or permit. The person shall be denied

a license or permit for the period determined by the court.

The Secretary of State shall retain all conviction

information, if the information is required to be held

confidential under the Juvenile Court Act of 1987.

(Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13;

98-167, eff. 7-1-14; 98-756, eff. 7-16-14.)

(625 ILCS 5/6-106.1)

Sec. 6-106.1. School bus driver permit.

(a) The Secretary of State shall issue a school bus driver

permit to those applicants who have met all the requirements of

the application and screening process under this Section to

insure the welfare and safety of children who are transported

on school buses throughout the State of Illinois. Applicants

shall obtain the proper application required by the Secretary

of State from their prospective or current employer and submit

the completed application to the prospective or current

employer along with the necessary fingerprint submission as

required by the Department of State Police to conduct

fingerprint based criminal background checks on current and

future information available in the state system and current

information available through the Federal Bureau of

Investigation's system. Applicants who have completed the

fingerprinting requirements shall not be subjected to the

fingerprinting process when applying for subsequent permits or

submitting proof of successful completion of the annual

refresher course. Individuals who on the effective date of this

Act possess a valid school bus driver permit that has been

previously issued by the appropriate Regional School

Superintendent are not subject to the fingerprinting

provisions of this Section as long as the permit remains valid

and does not lapse. The applicant shall be required to pay all

related application and fingerprinting fees as established by

rule including, but not limited to, the amounts established by

the Department of State Police and the Federal Bureau of

Investigation to process fingerprint based criminal background

investigations. All fees paid for fingerprint processing

services under this Section shall be deposited into the State

Police Services Fund for the cost incurred in processing the

fingerprint based criminal background investigations. All

other fees paid under this Section shall be deposited into the

Road Fund for the purpose of defraying the costs of the

Secretary of State in administering this Section. All

applicants must:

1. be 21 years of age or older;

2. possess a valid and properly classified driver's

license issued by the Secretary of State;

3. possess a valid driver's license, which has not been

revoked, suspended, or canceled for 3 years immediately

prior to the date of application, or have not had his or

her commercial motor vehicle driving privileges

disqualified within the 3 years immediately prior to the

date of application;

4. successfully pass a written test, administered by

the Secretary of State, on school bus operation, school bus

safety, and special traffic laws relating to school buses

and submit to a review of the applicant's driving habits by

the Secretary of State at the time the written test is

given;

5. demonstrate ability to exercise reasonable care in

the operation of school buses in accordance with rules

promulgated by the Secretary of State;

6. demonstrate physical fitness to operate school

buses by submitting the results of a medical examination,

including tests for drug use for each applicant not subject

to such testing pursuant to federal law, conducted by a

licensed physician, a licensed an advanced practice nurse

who has a written collaborative agreement with a

collaborating physician which authorizes him or her to

perform medical examinations, or a licensed physician

assistant who has been delegated the performance of medical

examinations by his or her supervising physician within 90

days of the date of application according to standards

promulgated by the Secretary of State;

7. affirm under penalties of perjury that he or she has

not made a false statement or knowingly concealed a

material fact in any application for permit;

8. have completed an initial classroom course,

including first aid procedures, in school bus driver safety

as promulgated by the Secretary of State; and after

satisfactory completion of said initial course an annual

refresher course; such courses and the agency or

organization conducting such courses shall be approved by

the Secretary of State; failure to complete the annual

refresher course, shall result in cancellation of the

permit until such course is completed;

9. not have been under an order of court supervision

for or convicted of 2 or more serious traffic offenses, as

defined by rule, within one year prior to the date of

application that may endanger the life or safety of any of

the driver's passengers within the duration of the permit

period;

10. not have been under an order of court supervision

for or convicted of reckless driving, aggravated reckless

driving, driving while under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds or

any combination thereof, or reckless homicide resulting

from the operation of a motor vehicle within 3 years of the

date of application;

11. not have been convicted of committing or attempting

to commit any one or more of the following offenses: (i)

those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,

9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,

10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,

11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,

11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,

11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,

11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,

11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,

12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,

12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,

12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,

12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,

12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,

18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,

20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,

24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,

31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section

8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),

(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and

in subsection (a) and subsection (b), clause (1), of

Section 12-4, and in subsection (A), clauses (a) and (b),

of Section 24-3, and those offenses contained in Article

29D of the Criminal Code of 1961 or the Criminal Code of

2012; (ii) those offenses defined in the Cannabis Control

Act except those offenses defined in subsections (a) and

(b) of Section 4, and subsection (a) of Section 5 of the

Cannabis Control Act; (iii) those offenses defined in the

Illinois Controlled Substances Act; (iv) those offenses

defined in the Methamphetamine Control and Community

Protection Act; (v) any offense committed or attempted in

any other state or against the laws of the United States,

which if committed or attempted in this State would be

punishable as one or more of the foregoing offenses; (vi)

the offenses defined in Section 4.1 and 5.1 of the Wrongs

to Children Act or Section 11-9.1A of the Criminal Code of

1961 or the Criminal Code of 2012; (vii) those offenses

defined in Section 6-16 of the Liquor Control Act of 1934;

and (viii) those offenses defined in the Methamphetamine

Precursor Control Act;

12. not have been repeatedly involved as a driver in

motor vehicle collisions or been repeatedly convicted of

offenses against laws and ordinances regulating the

movement of traffic, to a degree which indicates lack of

ability to exercise ordinary and reasonable care in the

safe operation of a motor vehicle or disrespect for the

traffic laws and the safety of other persons upon the

highway;

13. not have, through the unlawful operation of a motor

vehicle, caused an accident resulting in the death of any

person;

14. not have, within the last 5 years, been adjudged to

be afflicted with or suffering from any mental disability

or disease; and

15. consent, in writing, to the release of results of

reasonable suspicion drug and alcohol testing under

Section 6-106.1c of this Code by the employer of the

applicant to the Secretary of State.

(b) A school bus driver permit shall be valid for a period

specified by the Secretary of State as set forth by rule. It

shall be renewable upon compliance with subsection (a) of this

Section.

(c) A school bus driver permit shall contain the holder's

driver's license number, legal name, residence address, zip

code, and date of birth, a brief description of the holder and

a space for signature. The Secretary of State may require a

suitable photograph of the holder.

(d) The employer shall be responsible for conducting a

pre-employment interview with prospective school bus driver

candidates, distributing school bus driver applications and

medical forms to be completed by the applicant, and submitting

the applicant's fingerprint cards to the Department of State

Police that are required for the criminal background

investigations. The employer shall certify in writing to the

Secretary of State that all pre-employment conditions have been

successfully completed including the successful completion of

an Illinois specific criminal background investigation through

the Department of State Police and the submission of necessary

fingerprints to the Federal Bureau of Investigation for

criminal history information available through the Federal

Bureau of Investigation system. The applicant shall present the

certification to the Secretary of State at the time of

submitting the school bus driver permit application.

(e) Permits shall initially be provisional upon receiving

certification from the employer that all pre-employment

conditions have been successfully completed, and upon

successful completion of all training and examination

requirements for the classification of the vehicle to be

operated, the Secretary of State shall provisionally issue a

School Bus Driver Permit. The permit shall remain in a

provisional status pending the completion of the Federal Bureau

of Investigation's criminal background investigation based

upon fingerprinting specimens submitted to the Federal Bureau

of Investigation by the Department of State Police. The Federal

Bureau of Investigation shall report the findings directly to

the Secretary of State. The Secretary of State shall remove the

bus driver permit from provisional status upon the applicant's

successful completion of the Federal Bureau of Investigation's

criminal background investigation.

(f) A school bus driver permit holder shall notify the

employer and the Secretary of State if he or she is issued an

order of court supervision for or convicted in another state of

an offense that would make him or her ineligible for a permit

under subsection (a) of this Section. The written notification

shall be made within 5 days of the entry of the order of court

supervision or conviction. Failure of the permit holder to

provide the notification is punishable as a petty offense for a

first violation and a Class B misdemeanor for a second or

subsequent violation.

(g) Cancellation; suspension; notice and procedure.

(1) The Secretary of State shall cancel a school bus

driver permit of an applicant whose criminal background

investigation discloses that he or she is not in compliance

with the provisions of subsection (a) of this Section.

(2) The Secretary of State shall cancel a school bus

driver permit when he or she receives notice that the

permit holder fails to comply with any provision of this

Section or any rule promulgated for the administration of

this Section.

(3) The Secretary of State shall cancel a school bus

driver permit if the permit holder's restricted commercial

or commercial driving privileges are withdrawn or

otherwise invalidated.

(4) The Secretary of State may not issue a school bus

driver permit for a period of 3 years to an applicant who

fails to obtain a negative result on a drug test as

required in item 6 of subsection (a) of this Section or

under federal law.

(5) The Secretary of State shall forthwith suspend a

school bus driver permit for a period of 3 years upon

receiving notice that the holder has failed to obtain a

negative result on a drug test as required in item 6 of

subsection (a) of this Section or under federal law.

(6) The Secretary of State shall suspend a school bus

driver permit for a period of 3 years upon receiving notice

from the employer that the holder failed to perform the

inspection procedure set forth in subsection (a) or (b) of

Section 12-816 of this Code.

(7) The Secretary of State shall suspend a school bus

driver permit for a period of 3 years upon receiving notice

from the employer that the holder refused to submit to an

alcohol or drug test as required by Section 6-106.1c or has

submitted to a test required by that Section which

disclosed an alcohol concentration of more than 0.00 or

disclosed a positive result on a National Institute on Drug

Abuse five-drug panel, utilizing federal standards set

forth in 49 CFR 40.87.

The Secretary of State shall notify the State

Superintendent of Education and the permit holder's

prospective or current employer that the applicant has (1) has

failed a criminal background investigation or (2) is no longer

eligible for a school bus driver permit; and of the related

cancellation of the applicant's provisional school bus driver

permit. The cancellation shall remain in effect pending the

outcome of a hearing pursuant to Section 2-118 of this Code.

The scope of the hearing shall be limited to the issuance

criteria contained in subsection (a) of this Section. A

petition requesting a hearing shall be submitted to the

Secretary of State and shall contain the reason the individual

feels he or she is entitled to a school bus driver permit. The

permit holder's employer shall notify in writing to the

Secretary of State that the employer has certified the removal

of the offending school bus driver from service prior to the

start of that school bus driver's next workshift. An employing

school board that fails to remove the offending school bus

driver from service is subject to the penalties defined in

Section 3-14.23 of the School Code. A school bus contractor who

violates a provision of this Section is subject to the

penalties defined in Section 6-106.11.

All valid school bus driver permits issued under this

Section prior to January 1, 1995, shall remain effective until

their expiration date unless otherwise invalidated.

(h) When a school bus driver permit holder who is a service

member is called to active duty, the employer of the permit

holder shall notify the Secretary of State, within 30 days of

notification from the permit holder, that the permit holder has

been called to active duty. Upon notification pursuant to this

subsection, (i) the Secretary of State shall characterize the

permit as inactive until a permit holder renews the permit as

provided in subsection (i) of this Section, and (ii) if a

permit holder fails to comply with the requirements of this

Section while called to active duty, the Secretary of State

shall not characterize the permit as invalid.

(i) A school bus driver permit holder who is a service

member returning from active duty must, within 90 days, renew a

permit characterized as inactive pursuant to subsection (h) of

this Section by complying with the renewal requirements of

subsection (b) of this Section.

(j) For purposes of subsections (h) and (i) of this

Section:

"Active duty" means active duty pursuant to an executive

order of the President of the United States, an act of the

Congress of the United States, or an order of the Governor.

"Service member" means a member of the Armed Services or

reserve forces of the United States or a member of the Illinois

National Guard.

(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;

96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.

7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,

Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;

97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.

1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,

eff. 1-25-13.)

(625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)

Sec. 6-901. Definitions. For the purposes of this Article:

"Board" means the Driver's License Medical Advisory Board.

"Medical examiner" or "medical practitioner" means:

(i) any person licensed to practice medicine in all its

branches in the State of Illinois or any other state;

(ii) a licensed physician assistant who has been

delegated the performance of medical examinations by his or

her supervising physician; or

(iii) a licensed advanced practice nurse who has a

written collaborative agreement with a collaborating

physician which authorizes him or her to perform medical

examinations.

(Source: P.A. 96-962, eff. 7-2-10; 97-185, eff. 7-22-11.)

Section 120. The Illinois Controlled Substances Act is

amended by changing Sections 102 and 303.05 as follows:

(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)

Sec. 102. Definitions. As used in this Act, unless the

context otherwise requires:

(a) "Addict" means any person who habitually uses any drug,

chemical, substance or dangerous drug other than alcohol so as

to endanger the public morals, health, safety or welfare or who

is so far addicted to the use of a dangerous drug or controlled

substance other than alcohol as to have lost the power of self

control with reference to his or her addiction.

(b) "Administer" means the direct application of a

controlled substance, whether by injection, inhalation,

ingestion, or any other means, to the body of a patient,

research subject, or animal (as defined by the Humane

Euthanasia in Animal Shelters Act) by:

(1) a practitioner (or, in his or her presence, by his

or her authorized agent),

(2) the patient or research subject pursuant to an

order, or

(3) a euthanasia technician as defined by the Humane

Euthanasia in Animal Shelters Act.

(c) "Agent" means an authorized person who acts on behalf

of or at the direction of a manufacturer, distributor,

dispenser, prescriber, or practitioner. It does not include a

common or contract carrier, public warehouseman or employee of

the carrier or warehouseman.

(c-1) "Anabolic Steroids" means any drug or hormonal

substance, chemically and pharmacologically related to

testosterone (other than estrogens, progestins,

corticosteroids, and dehydroepiandrosterone), and includes:

(i) 3[beta],17-dihydroxy-5a-androstane,

(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,

(iii) 5[alpha]-androstan-3,17-dione,

(iv) 1-androstenediol (3[beta],

17[beta]-dihydroxy-5[alpha]-androst-1-ene),

(v) 1-androstenediol (3[alpha],

17[beta]-dihydroxy-5[alpha]-androst-1-ene),

(vi) 4-androstenediol

(3[beta],17[beta]-dihydroxy-androst-4-ene),

(vii) 5-androstenediol

(3[beta],17[beta]-dihydroxy-androst-5-ene),

(viii) 1-androstenedione

([5alpha]-androst-1-en-3,17-dione),

(ix) 4-androstenedione

(androst-4-en-3,17-dione),

(x) 5-androstenedione

(androst-5-en-3,17-dione),

(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-

hydroxyandrost-4-en-3-one),

(xii) boldenone (17[beta]-hydroxyandrost-

1,4,-diene-3-one),

(xiii) boldione (androsta-1,4-

diene-3,17-dione),

(xiv) calusterone (7[beta],17[alpha]-dimethyl-17

[beta]-hydroxyandrost-4-en-3-one),

(xv) clostebol (4-chloro-17[beta]-

hydroxyandrost-4-en-3-one),

(xvi) dehydrochloromethyltestosterone (4-chloro-

17[beta]-hydroxy-17[alpha]-methyl-

androst-1,4-dien-3-one),

(xvii) desoxymethyltestosterone

(17[alpha]-methyl-5[alpha]

-androst-2-en-17[beta]-ol)(a.k.a., madol),

(xviii) [delta]1-dihydrotestosterone (a.k.a.

'1-testosterone') (17[beta]-hydroxy-

5[alpha]-androst-1-en-3-one),

(xix) 4-dihydrotestosterone (17[beta]-hydroxy-

androstan-3-one),

(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-

5[alpha]-androstan-3-one),

(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-

hydroxyestr-4-ene),

(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-

1[beta],17[beta]-dihydroxyandrost-4-en-3-one),

(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],

17[beta]-dihydroxyandrost-1,4-dien-3-one),

(xxiv) furazabol (17[alpha]-methyl-17[beta]-

hydroxyandrostano[2,3-c]-furazan),

(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)

(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-

androst-4-en-3-one),

(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

dihydroxy-estr-4-en-3-one),

(xxviii) mestanolone (17[alpha]-methyl-17[beta]-

hydroxy-5-androstan-3-one),

(xxix) mesterolone (1amethyl-17[beta]-hydroxy-

[5a]-androstan-3-one),

(xxx) methandienone (17[alpha]-methyl-17[beta]-

hydroxyandrost-1,4-dien-3-one),

(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-

dihydroxyandrost-5-ene),

(xxxii) methenolone (1-methyl-17[beta]-hydroxy-

5[alpha]-androst-1-en-3-one),

(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-

dihydroxy-5a-androstane),

(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy

-5a-androstane),

(xxxv) 17[alpha]-methyl-3[beta],17[beta]-

dihydroxyandrost-4-ene),

(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-

methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),

(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-

hydroxyestra-4,9(10)-dien-3-one),

(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-

hydroxyestra-4,9-11-trien-3-one),

(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-

hydroxyandrost-4-en-3-one),

(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

hydroxyestr-4-en-3-one),

(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone

(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-

androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-

1-testosterone'),

(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),

(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-

dihydroxyestr-4-ene),

(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-

dihydroxyestr-4-ene),

(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-

dihydroxyestr-5-ene),

(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-

dihydroxyestr-5-ene),

(xlvii) 19-nor-4,9(10)-androstadienedione

(estra-4,9(10)-diene-3,17-dione),

(xlviii) 19-nor-4-androstenedione (estr-4-

en-3,17-dione),

(xlix) 19-nor-5-androstenedione (estr-5-

en-3,17-dione),

(l) norbolethone (13[beta], 17a-diethyl-17[beta]-

hydroxygon-4-en-3-one),

(li) norclostebol (4-chloro-17[beta]-

hydroxyestr-4-en-3-one),

(lii) norethandrolone (17[alpha]-ethyl-17[beta]-

hydroxyestr-4-en-3-one),

(liii) normethandrolone (17[alpha]-methyl-17[beta]-

hydroxyestr-4-en-3-one),

(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-

2-oxa-5[alpha]-androstan-3-one),

(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-

dihydroxyandrost-4-en-3-one),

(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-

17[beta]-hydroxy-(5[alpha]-androstan-3-one),

(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-

(5[alpha]-androst-2-eno[3,2-c]-pyrazole),

(lviii) stenbolone (17[beta]-hydroxy-2-methyl-

(5[alpha]-androst-1-en-3-one),

(lix) testolactone (13-hydroxy-3-oxo-13,17-

secoandrosta-1,4-dien-17-oic

acid lactone),

(lx) testosterone (17[beta]-hydroxyandrost-

4-en-3-one),

(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-

diethyl-17[beta]-hydroxygon-

4,9,11-trien-3-one),

(lxii) trenbolone (17[beta]-hydroxyestr-4,9,

11-trien-3-one).

Any person who is otherwise lawfully in possession of an

anabolic steroid, or who otherwise lawfully manufactures,

distributes, dispenses, delivers, or possesses with intent to

deliver an anabolic steroid, which anabolic steroid is

expressly intended for and lawfully allowed to be administered

through implants to livestock or other nonhuman species, and

which is approved by the Secretary of Health and Human Services

for such administration, and which the person intends to

administer or have administered through such implants, shall

not be considered to be in unauthorized possession or to

unlawfully manufacture, distribute, dispense, deliver, or

possess with intent to deliver such anabolic steroid for

purposes of this Act.

(d) "Administration" means the Drug Enforcement

Administration, United States Department of Justice, or its

successor agency.

(d-5) "Clinical Director, Prescription Monitoring Program"

means a Department of Human Services administrative employee

licensed to either prescribe or dispense controlled substances

who shall run the clinical aspects of the Department of Human

Services Prescription Monitoring Program and its Prescription

Information Library.

(d-10) "Compounding" means the preparation and mixing of

components, excluding flavorings, (1) as the result of a

prescriber's prescription drug order or initiative based on the

prescriber-patient-pharmacist relationship in the course of

professional practice or (2) for the purpose of, or incident

to, research, teaching, or chemical analysis and not for sale

or dispensing. "Compounding" includes the preparation of drugs

or devices in anticipation of receiving prescription drug

orders based on routine, regularly observed dispensing

patterns. Commercially available products may be compounded

for dispensing to individual patients only if both of the

following conditions are met: (i) the commercial product is not

reasonably available from normal distribution channels in a

timely manner to meet the patient's needs and (ii) the

prescribing practitioner has requested that the drug be

compounded.

(e) "Control" means to add a drug or other substance, or

immediate precursor, to a Schedule whether by transfer from

another Schedule or otherwise.

(f) "Controlled Substance" means (i) a drug, substance, or

immediate precursor in the Schedules of Article II of this Act

or (ii) a drug or other substance, or immediate precursor,

designated as a controlled substance by the Department through

administrative rule. The term does not include distilled

spirits, wine, malt beverages, or tobacco, as those terms are

defined or used in the Liquor Control Act of 1934 and the

Tobacco Products Tax Act of 1995.

(f-5) "Controlled substance analog" means a substance:

(1) the chemical structure of which is substantially

similar to the chemical structure of a controlled substance

in Schedule I or II;

(2) which has a stimulant, depressant, or

hallucinogenic effect on the central nervous system that is

substantially similar to or greater than the stimulant,

depressant, or hallucinogenic effect on the central

nervous system of a controlled substance in Schedule I or

II; or

(3) with respect to a particular person, which such

person represents or intends to have a stimulant,

depressant, or hallucinogenic effect on the central

nervous system that is substantially similar to or greater

than the stimulant, depressant, or hallucinogenic effect

on the central nervous system of a controlled substance in

Schedule I or II.

(g) "Counterfeit substance" means a controlled substance,

which, or the container or labeling of which, without

authorization bears the trademark, trade name, or other

identifying mark, imprint, number or device, or any likeness

thereof, of a manufacturer, distributor, or dispenser other

than the person who in fact manufactured, distributed, or

dispensed the substance.

(h) "Deliver" or "delivery" means the actual, constructive

or attempted transfer of possession of a controlled substance,

with or without consideration, whether or not there is an

agency relationship.

(i) "Department" means the Illinois Department of Human

Services (as successor to the Department of Alcoholism and

Substance Abuse) or its successor agency.

(j) (Blank).

(k) "Department of Corrections" means the Department of

Corrections of the State of Illinois or its successor agency.

(l) "Department of Financial and Professional Regulation"

means the Department of Financial and Professional Regulation

of the State of Illinois or its successor agency.

(m) "Depressant" means any drug that (i) causes an overall

depression of central nervous system functions, (ii) causes

impaired consciousness and awareness, and (iii) can be

habit-forming or lead to a substance abuse problem, including

but not limited to alcohol, cannabis and its active principles

and their analogs, benzodiazepines and their analogs,

barbiturates and their analogs, opioids (natural and

synthetic) and their analogs, and chloral hydrate and similar

sedative hypnotics.

(n) (Blank).

(o) "Director" means the Director of the Illinois State

Police or his or her designated agents.

(p) "Dispense" means to deliver a controlled substance to

an ultimate user or research subject by or pursuant to the

lawful order of a prescriber, including the prescribing,

administering, packaging, labeling, or compounding necessary

to prepare the substance for that delivery.

(q) "Dispenser" means a practitioner who dispenses.

(r) "Distribute" means to deliver, other than by

administering or dispensing, a controlled substance.

(s) "Distributor" means a person who distributes.

(t) "Drug" means (1) substances recognized as drugs in the

official United States Pharmacopoeia, Official Homeopathic

Pharmacopoeia of the United States, or official National

Formulary, or any supplement to any of them; (2) substances

intended for use in diagnosis, cure, mitigation, treatment, or

prevention of disease in man or animals; (3) substances (other

than food) intended to affect the structure of any function of

the body of man or animals and (4) substances intended for use

as a component of any article specified in clause (1), (2), or

(3) of this subsection. It does not include devices or their

components, parts, or accessories.

(t-5) "Euthanasia agency" means an entity certified by the

Department of Financial and Professional Regulation for the

purpose of animal euthanasia that holds an animal control

facility license or animal shelter license under the Animal

Welfare Act. A euthanasia agency is authorized to purchase,

store, possess, and utilize Schedule II nonnarcotic and

Schedule III nonnarcotic drugs for the sole purpose of animal

euthanasia.

(t-10) "Euthanasia drugs" means Schedule II or Schedule III

substances (nonnarcotic controlled substances) that are used

by a euthanasia agency for the purpose of animal euthanasia.

(u) "Good faith" means the prescribing or dispensing of a

controlled substance by a practitioner in the regular course of

professional treatment to or for any person who is under his or

her treatment for a pathology or condition other than that

individual's physical or psychological dependence upon or

addiction to a controlled substance, except as provided herein:

and application of the term to a pharmacist shall mean the

dispensing of a controlled substance pursuant to the

prescriber's order which in the professional judgment of the

pharmacist is lawful. The pharmacist shall be guided by

accepted professional standards including, but not limited to

the following, in making the judgment:

(1) lack of consistency of prescriber-patient

relationship,

(2) frequency of prescriptions for same drug by one

prescriber for large numbers of patients,

(3) quantities beyond those normally prescribed,

(4) unusual dosages (recognizing that there may be

clinical circumstances where more or less than the usual

dose may be used legitimately),

(5) unusual geographic distances between patient,

pharmacist and prescriber,

(6) consistent prescribing of habit-forming drugs.

(u-0.5) "Hallucinogen" means a drug that causes markedly

altered sensory perception leading to hallucinations of any

type.

(u-1) "Home infusion services" means services provided by a

pharmacy in compounding solutions for direct administration to

a patient in a private residence, long-term care facility, or

hospice setting by means of parenteral, intravenous,

intramuscular, subcutaneous, or intraspinal infusion.

(u-5) "Illinois State Police" means the State Police of the

State of Illinois, or its successor agency.

(v) "Immediate precursor" means a substance:

(1) which the Department has found to be and by rule

designated as being a principal compound used, or produced

primarily for use, in the manufacture of a controlled

substance;

(2) which is an immediate chemical intermediary used or

likely to be used in the manufacture of such controlled

substance; and

(3) the control of which is necessary to prevent,

curtail or limit the manufacture of such controlled

substance.

(w) "Instructional activities" means the acts of teaching,

educating or instructing by practitioners using controlled

substances within educational facilities approved by the State

Board of Education or its successor agency.

(x) "Local authorities" means a duly organized State,

County or Municipal peace unit or police force.

(y) "Look-alike substance" means a substance, other than a

controlled substance which (1) by overall dosage unit

appearance, including shape, color, size, markings or lack

thereof, taste, consistency, or any other identifying physical

characteristic of the substance, would lead a reasonable person

to believe that the substance is a controlled substance, or (2)

is expressly or impliedly represented to be a controlled

substance or is distributed under circumstances which would

lead a reasonable person to believe that the substance is a

controlled substance. For the purpose of determining whether

the representations made or the circumstances of the

distribution would lead a reasonable person to believe the

substance to be a controlled substance under this clause (2) of

subsection (y), the court or other authority may consider the

following factors in addition to any other factor that may be

relevant:

(a) statements made by the owner or person in control

of the substance concerning its nature, use or effect;

(b) statements made to the buyer or recipient that the

substance may be resold for profit;

(c) whether the substance is packaged in a manner

normally used for the illegal distribution of controlled

substances;

(d) whether the distribution or attempted distribution

included an exchange of or demand for money or other

property as consideration, and whether the amount of the

consideration was substantially greater than the

reasonable retail market value of the substance.

Clause (1) of this subsection (y) shall not apply to a

noncontrolled substance in its finished dosage form that was

initially introduced into commerce prior to the initial

introduction into commerce of a controlled substance in its

finished dosage form which it may substantially resemble.

Nothing in this subsection (y) prohibits the dispensing or

distributing of noncontrolled substances by persons authorized

to dispense and distribute controlled substances under this

Act, provided that such action would be deemed to be carried

out in good faith under subsection (u) if the substances

involved were controlled substances.

Nothing in this subsection (y) or in this Act prohibits the

manufacture, preparation, propagation, compounding,

processing, packaging, advertising or distribution of a drug or

drugs by any person registered pursuant to Section 510 of the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).

(y-1) "Mail-order pharmacy" means a pharmacy that is

located in a state of the United States that delivers,

dispenses or distributes, through the United States Postal

Service or other common carrier, to Illinois residents, any

substance which requires a prescription.

(z) "Manufacture" means the production, preparation,

propagation, compounding, conversion or processing of a

controlled substance other than methamphetamine, either

directly or indirectly, by extraction from substances of

natural origin, or independently by means of chemical

synthesis, or by a combination of extraction and chemical

synthesis, and includes any packaging or repackaging of the

substance or labeling of its container, except that this term

does not include:

(1) by an ultimate user, the preparation or compounding

of a controlled substance for his or her own use; or

(2) by a practitioner, or his or her authorized agent

under his or her supervision, the preparation,

compounding, packaging, or labeling of a controlled

substance:

(a) as an incident to his or her administering or

dispensing of a controlled substance in the course of

his or her professional practice; or

(b) as an incident to lawful research, teaching or

chemical analysis and not for sale.

(z-1) (Blank).

(z-5) "Medication shopping" means the conduct prohibited

under subsection (a) of Section 314.5 of this Act.

(z-10) "Mid-level practitioner" means (i) a physician

assistant who has been delegated authority to prescribe through

a written delegation of authority by a physician licensed to

practice medicine in all of its branches, in accordance with

Section 7.5 of the Physician Assistant Practice Act of 1987,

(ii) an advanced practice nurse who has been delegated

authority to prescribe through a written delegation of

authority by a physician licensed to practice medicine in all

of its branches or by a podiatric physician, in accordance with

Section 65-40 of the Nurse Practice Act, (iii) an advanced

practice nurse certified as a nurse practitioner, nurse

midwife, or clinical nurse specialist who has been granted

authority to prescribe by a hospital affiliate in accordance

with Section 65-45 of the Nurse Practice Act, (iv) an animal

euthanasia agency, or (v) (iv) a prescribing psychologist.

(aa) "Narcotic drug" means any of the following, whether

produced directly or indirectly by extraction from substances

of vegetable origin, or independently by means of chemical

synthesis, or by a combination of extraction and chemical

synthesis:

(1) opium, opiates, derivatives of opium and opiates,

including their isomers, esters, ethers, salts, and salts

of isomers, esters, and ethers, whenever the existence of

such isomers, esters, ethers, and salts is possible within

the specific chemical designation; however the term

"narcotic drug" does not include the isoquinoline

alkaloids of opium;

(2) (blank);

(3) opium poppy and poppy straw;

(4) coca leaves, except coca leaves and extracts of

coca leaves from which substantially all of the cocaine and

ecgonine, and their isomers, derivatives and salts, have

been removed;

(5) cocaine, its salts, optical and geometric isomers,

and salts of isomers;

(6) ecgonine, its derivatives, their salts, isomers,

and salts of isomers;

(7) any compound, mixture, or preparation which

contains any quantity of any of the substances referred to

in subparagraphs (1) through (6).

(bb) "Nurse" means a registered nurse licensed under the

Nurse Practice Act.

(cc) (Blank).

(dd) "Opiate" means any substance having an addiction

forming or addiction sustaining liability similar to morphine

or being capable of conversion into a drug having addiction

forming or addiction sustaining liability.

(ee) "Opium poppy" means the plant of the species Papaver

somniferum L., except its seeds.

(ee-5) "Oral dosage" means a tablet, capsule, elixir, or

solution or other liquid form of medication intended for

administration by mouth, but the term does not include a form

of medication intended for buccal, sublingual, or transmucosal

administration.

(ff) "Parole and Pardon Board" means the Parole and Pardon

Board of the State of Illinois or its successor agency.

(gg) "Person" means any individual, corporation,

mail-order pharmacy, government or governmental subdivision or

agency, business trust, estate, trust, partnership or

association, or any other entity.

(hh) "Pharmacist" means any person who holds a license or

certificate of registration as a registered pharmacist, a local

registered pharmacist or a registered assistant pharmacist

under the Pharmacy Practice Act.

(ii) "Pharmacy" means any store, ship or other place in

which pharmacy is authorized to be practiced under the Pharmacy

Practice Act.

(ii-5) "Pharmacy shopping" means the conduct prohibited

under subsection (b) of Section 314.5 of this Act.

(ii-10) "Physician" (except when the context otherwise

requires) means a person licensed to practice medicine in all

of its branches.

(jj) "Poppy straw" means all parts, except the seeds, of

the opium poppy, after mowing.

(kk) "Practitioner" means a physician licensed to practice

medicine in all its branches, dentist, optometrist, podiatric

physician, veterinarian, scientific investigator, pharmacist,

physician assistant, advanced practice nurse, licensed

practical nurse, registered nurse, hospital, laboratory, or

pharmacy, or other person licensed, registered, or otherwise

lawfully permitted by the United States or this State to

distribute, dispense, conduct research with respect to,

administer or use in teaching or chemical analysis, a

controlled substance in the course of professional practice or

research.

(ll) "Pre-printed prescription" means a written

prescription upon which the designated drug has been indicated

prior to the time of issuance; the term does not mean a written

prescription that is individually generated by machine or

computer in the prescriber's office.

(mm) "Prescriber" means a physician licensed to practice

medicine in all its branches, dentist, optometrist,

prescribing psychologist licensed under Section 4.2 of the

Clinical Psychologist Licensing Act with prescriptive

authority delegated under Section 4.3 of the Clinical

Psychologist Licensing Act, podiatric physician, or

veterinarian who issues a prescription, a physician assistant

who issues a prescription for a controlled substance in

accordance with Section 303.05, a written delegation, and a

written supervision agreement required under Section 7.5 of the

Physician Assistant Practice Act of 1987, or an advanced

practice nurse with prescriptive authority delegated under

Section 65-40 of the Nurse Practice Act and in accordance with

Section 303.05, a written delegation, and a written

collaborative agreement under Section 65-35 of the Nurse

Practice Act, or an advanced practice nurse certified as a

nurse practitioner, nurse midwife, or clinical nurse

specialist who has been granted authority to prescribe by a

hospital affiliate in accordance with Section 65-45 of the

Nurse Practice Act and in accordance with Section 303.05.

(nn) "Prescription" means a written, facsimile, or oral

order, or an electronic order that complies with applicable

federal requirements, of a physician licensed to practice

medicine in all its branches, dentist, podiatric physician or

veterinarian for any controlled substance, of an optometrist

for a Schedule II, III, IV, or V controlled substance in

accordance with Section 15.1 of the Illinois Optometric

Practice Act of 1987, of a prescribing psychologist licensed

under Section 4.2 of the Clinical Psychologist Licensing Act

with prescriptive authority delegated under Section 4.3 of the

Clinical Psychologist Licensing Act, of a physician assistant

for a controlled substance in accordance with Section 303.05, a

written delegation, and a written supervision agreement

required under Section 7.5 of the Physician Assistant Practice

Act of 1987, or of an advanced practice nurse with prescriptive

authority delegated under Section 65-40 of the Nurse Practice

Act who issues a prescription for a controlled substance in

accordance with Section 303.05, a written delegation, and a

written collaborative agreement under Section 65-35 of the

Nurse Practice Act, or of an advanced practice nurse certified

as a nurse practitioner, nurse midwife, or clinical nurse

specialist who has been granted authority to prescribe by a

hospital affiliate in accordance with Section 65-45 of the

Nurse Practice Act and in accordance with Section 303.05 when

required by law.

(nn-5) "Prescription Information Library" (PIL) means an

electronic library that contains reported controlled substance

data.

(nn-10) "Prescription Monitoring Program" (PMP) means the

entity that collects, tracks, and stores reported data on

controlled substances and select drugs pursuant to Section 316.

(oo) "Production" or "produce" means manufacture,

planting, cultivating, growing, or harvesting of a controlled

substance other than methamphetamine.

(pp) "Registrant" means every person who is required to

register under Section 302 of this Act.

(qq) "Registry number" means the number assigned to each

person authorized to handle controlled substances under the

laws of the United States and of this State.

(qq-5) "Secretary" means, as the context requires, either

the Secretary of the Department or the Secretary of the

Department of Financial and Professional Regulation, and the

Secretary's designated agents.

(rr) "State" includes the State of Illinois and any state,

district, commonwealth, territory, insular possession thereof,

and any area subject to the legal authority of the United

States of America.

(rr-5) "Stimulant" means any drug that (i) causes an

overall excitation of central nervous system functions, (ii)

causes impaired consciousness and awareness, and (iii) can be

habit-forming or lead to a substance abuse problem, including

but not limited to amphetamines and their analogs,

methylphenidate and its analogs, cocaine, and phencyclidine

and its analogs.

(ss) "Ultimate user" means a person who lawfully possesses

a controlled substance for his or her own use or for the use of

a member of his or her household or for administering to an

animal owned by him or her or by a member of his or her

household.

(Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; 98-668,

eff. 6-25-14; 98-756, eff. 7-16-14; 98-1111, eff. 8-26-14;

revised 10-1-14.)

(720 ILCS 570/303.05)

Sec. 303.05. Mid-level practitioner registration.

(a) The Department of Financial and Professional

Regulation shall register licensed physician assistants,

licensed advanced practice nurses, and prescribing

psychologists licensed under Section 4.2 of the Clinical

Psychologist Licensing Act to prescribe and dispense

controlled substances under Section 303 and euthanasia

agencies to purchase, store, or administer animal euthanasia

drugs under the following circumstances:

(1) with respect to physician assistants,

(A) the physician assistant has been delegated

written authority to prescribe any Schedule III

through V controlled substances by a physician

licensed to practice medicine in all its branches in

accordance with Section 7.5 of the Physician Assistant

Practice Act of 1987; and the physician assistant has

completed the appropriate application forms and has

paid the required fees as set by rule; or

(B) the physician assistant has been delegated

authority by a supervising physician licensed to

practice medicine in all its branches to prescribe or

dispense Schedule II controlled substances through a

written delegation of authority and under the

following conditions:

(i) Specific Schedule II controlled substances

by oral dosage or topical or transdermal

application may be delegated, provided that the

delegated Schedule II controlled substances are

routinely prescribed by the supervising physician.

This delegation must identify the specific

Schedule II controlled substances by either brand

name or generic name. Schedule II controlled

substances to be delivered by injection or other

route of administration may not be delegated;

(ii) any delegation must be of controlled

substances prescribed by the supervising

physician;

(iii) all prescriptions must be limited to no

more than a 30-day supply, with any continuation

authorized only after prior approval of the

supervising physician;

(iv) the physician assistant must discuss the

condition of any patients for whom a controlled

substance is prescribed monthly with the

delegating physician;

(v) the physician assistant must have

completed the appropriate application forms and

paid the required fees as set by rule;

(vi) the physician assistant must provide

evidence of satisfactory completion of 45 contact

hours in pharmacology from any physician assistant

program accredited by the Accreditation Review

Commission on Education for the Physician

Assistant (ARC-PA), or its predecessor agency, for

any new license issued with Schedule II authority

after the effective date of this amendatory Act of

the 97th General Assembly; and

(vii) the physician assistant must annually

complete at least 5 hours of continuing education

in pharmacology;

(2) with respect to advanced practice nurses,

(A) the advanced practice nurse has been delegated

authority to prescribe any Schedule III through V

controlled substances by a collaborating physician

licensed to practice medicine in all its branches or a

collaborating podiatric physician in accordance with

Section 65-40 of the Nurse Practice Act. The advanced

practice nurse has completed the appropriate

application forms and has paid the required fees as set

by rule; or

(B) the advanced practice nurse has been delegated

authority by a collaborating physician licensed to

practice medicine in all its branches or collaborating

podiatric physician to prescribe or dispense Schedule

II controlled substances through a written delegation

of authority and under the following conditions:

(i) specific Schedule II controlled substances

by oral dosage or topical or transdermal

application may be delegated, provided that the

delegated Schedule II controlled substances are

routinely prescribed by the collaborating

physician or podiatric physician. This delegation

must identify the specific Schedule II controlled

substances by either brand name or generic name.

Schedule II controlled substances to be delivered

by injection or other route of administration may

not be delegated;

(ii) any delegation must be of controlled

substances prescribed by the collaborating

physician or podiatric physician;

(iii) all prescriptions must be limited to no

more than a 30-day supply, with any continuation

authorized only after prior approval of the

collaborating physician or podiatric physician;

(iv) the advanced practice nurse must discuss

the condition of any patients for whom a controlled

substance is prescribed monthly with the

delegating physician or podiatric physician or in

the course of review as required by Section 65-40

of the Nurse Practice Act;

(v) the advanced practice nurse must have

completed the appropriate application forms and

paid the required fees as set by rule;

(vi) the advanced practice nurse must provide

evidence of satisfactory completion of at least 45

graduate contact hours in pharmacology for any new

license issued with Schedule II authority after

the effective date of this amendatory Act of the

97th General Assembly; and

(vii) the advanced practice nurse must

annually complete 5 hours of continuing education

in pharmacology;

(2.5) with respect to advanced practice nurses

certified as nurse practitioners, nurse midwives, or

clinical nurse specialists practicing in a hospital

affiliate,

(A) the advanced practice nurse certified as a

nurse practitioner, nurse midwife, or clinical nurse

specialist has been granted authority to prescribe any

Schedule II through V controlled substances by the

hospital affiliate upon the recommendation of the

appropriate physician committee of the hospital

affiliate in accordance with Section 65-45 of the Nurse

Practice Act, has completed the appropriate

application forms, and has paid the required fees as

set by rule; and

(B) an advanced practice nurse certified as a nurse

practitioner, nurse midwife, or clinical nurse

specialist has been granted authority to prescribe any

Schedule II controlled substances by the hospital

affiliate upon the recommendation of the appropriate

physician committee of the hospital affiliate, then

the following conditions must be met:

(i) specific Schedule II controlled substances

by oral dosage or topical or transdermal

application may be designated, provided that the

designated Schedule II controlled substances are

routinely prescribed by advanced practice nurses

in their area of certification; this grant of

authority must identify the specific Schedule II

controlled substances by either brand name or

generic name; authority to prescribe or dispense

Schedule II controlled substances to be delivered

by injection or other route of administration may

not be granted;

(ii) any grant of authority must be controlled

substances limited to the practice of the advanced

practice nurse;

(iii) any prescription must be limited to no

more than a 30-day supply;

(iv) the advanced practice nurse must discuss

the condition of any patients for whom a controlled

substance is prescribed monthly with the

appropriate physician committee of the hospital

affiliate or its physician designee; and

(v) the advanced practice nurse must meet the

education requirements of this Section;

(3) with respect to animal euthanasia agencies, the

euthanasia agency has obtained a license from the

Department of Financial and Professional Regulation and

obtained a registration number from the Department; or

(4) with respect to prescribing psychologists, the

prescribing psychologist has been delegated authority to

prescribe any nonnarcotic Schedule III through V

controlled substances by a collaborating physician

licensed to practice medicine in all its branches in

accordance with Section 4.3 of the Clinical Psychologist

Licensing Act, and the prescribing psychologist has

completed the appropriate application forms and has paid

the required fees as set by rule.

(b) The mid-level practitioner shall only be licensed to

prescribe those schedules of controlled substances for which a

licensed physician or licensed podiatric physician has

delegated prescriptive authority, except that an animal

euthanasia agency does not have any prescriptive authority. A

physician assistant and an advanced practice nurse are

prohibited from prescribing medications and controlled

substances not set forth in the required written delegation of

authority.

(c) Upon completion of all registration requirements,

physician assistants, advanced practice nurses, and animal

euthanasia agencies may be issued a mid-level practitioner

controlled substances license for Illinois.

(d) A collaborating physician or podiatric physician may,

but is not required to, delegate prescriptive authority to an

advanced practice nurse as part of a written collaborative

agreement, and the delegation of prescriptive authority shall

conform to the requirements of Section 65-40 of the Nurse

Practice Act.

(e) A supervising physician may, but is not required to,

delegate prescriptive authority to a physician assistant as

part of a written supervision agreement, and the delegation of

prescriptive authority shall conform to the requirements of

Section 7.5 of the Physician Assistant Practice Act of 1987.

(f) Nothing in this Section shall be construed to prohibit

generic substitution.

(Source: P.A. 97-334, eff. 1-1-12; 97-358, eff. 8-12-11;

97-813, eff. 7-13-12; 98-214, eff. 8-9-13; 98-668, eff.

6-25-14.)

Section 999. Effective date. This Act takes effect upon

becoming law.