Palatine attorney addresses Illinois Senate on new law
Attorney Ted McGinn, a partner at Palatine's Lavelle Law, Ltd. appeared before an Illinois Senate hearing last week at the invitation of State Senator Matt Murphy (R-Palatine).
McGinn provided testimony to the Criminal Law Committee regarding Senate Bill 689, a proposed law change that would allow home health providers to deliver Schedule II controlled substances to patients with prescriptions to use those drugs.
"I appreciate Senator Murphy's support on this matter," said McGinn. "There is simply a gap in the law which puts health care providers including nurses at risk if they were to assist their homebound patients by picking up certain prescription drugs to deliver to the patient's home."
Senate Bill 689 clarifies that an advanced practice nurse, practical nurse, or registered nurse licensed under the Nurse Practice Act who provides hospice services or who provides home health services to a person may lawfully possess controlled substances prescribed for the patient when acting as an agent for the patient.
McGinn manages the Health Law practice group at Lavelle Law and has represented health care providers for more than two decades. He recently authored a paper that addressed the gap in the Illinois Controlled Substances Act. "These substances may include codeine, hydrocodone, morphine, oxycodone, and hydromorphone among others," said McGinn. "The law currently allows the patient to have the drug, and for the nurse to administer it, but it leaves the nurse at risk if they were to deliver the material. We hope to address that inequity for the protection of the health care provider."
"I welcome the input from Mr. McGinn," said Senator Murphy. "We will be moving Senate Bill 689 forward to the full Senate soon to make this sensible change to our current law." Several years ago Senator Murphy worked with Lavelle Law founding Partner Kerry Lavelle to remove terminology offensive to developmentally disadvantaged individuals in Illinois statutes.
"We appreciate the responsiveness we have had from Senator Murphy and his staff on key issues," said Lavelle. "He has provided a willingness to assist and a common sense approach to providing reasonable solutions."
McGinn hopes that the Senate will move quickly to adopt the bill and clear the way for home health providers to at least have the opportunity to assist in this way if the situation requires their help with delivery to the home.
For more information on the Health Law practice group at Lavelle Law, visit www.lavellelaw.com or call Ted McGinn at (847) 705-7555.