State of Illinois
2017 and 2018


Introduced , by Rep. Michael J. Zalewski


See Index

    Amends the Regulatory Sunset Act. Extends the repeal date of the Pharmacy Practice Act from January 1, 2018 to January 1, 2028. Amends the Pharmacy Practice Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Provides for the licensure (rather than registration) of registered pharmacy technicians, registered certified pharmacy technicians, and pharmacists, and makes conforming changes. Removes provision allowing each member of the State Board of Pharmacy to receive a per diem payment in an amount determined from time to time by the Secretary of Financial and Professional Regulation for attendance at meetings of the Board and conducting other official business of the Board. Changes references to "Director" to references to "Secretary" or "Department" throughout the Act. Eliminates the position of deputy pharmacy coordinator. Makes changes in provisions concerning definitions, duties of the Department, inactive status, pharmacists in charge, nonresident pharmacy licenses, record retention, automated pharmacy systems, remote prescription processing, and discipline. Makes other changes. Effective immediately.

LRB100 05725 SMS 15747 b






HB3462LRB100 05725 SMS 15747 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.28 and by adding Section 4.38 as follows:
6    (5 ILCS 80/4.28)
7    Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9    The Illinois Petroleum Education and Marketing Act.
10    The Podiatric Medical Practice Act of 1987.
11    The Acupuncture Practice Act.
12    The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14    The Interpreter for the Deaf Licensure Act of 2007.
15    The Nurse Practice Act.
16    The Clinical Social Work and Social Work Practice Act.
17    The Pharmacy Practice Act.
18    The Home Medical Equipment and Services Provider License
20    The Marriage and Family Therapy Licensing Act.
21    The Nursing Home Administrators Licensing and Disciplinary
23    The Physician Assistant Practice Act of 1987.



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1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
6    (5 ILCS 80/4.38 new)
7    Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9    The Pharmacy Practice Act.
10    Section 10. The Pharmacy Practice Act is amended by
11changing Sections 3, 5.5, 7, 9, 9.5, 10, 11, 12, 13, 15, 16,
1216a, 17, 17.1, 18, 19, 20, 22, 22b, 25.10, 25.15, 27, 28, 30,
1330.5, 32, 33, 34, 35.1, 35.2, 35.5, 35.6, 35.7, 35.8, 35.12,
1435.13, 35.14, 35.15, 35.16, 35.18, and 36 and by adding
15Sections 3.5, 35.20, and 35.21 as follows:
16    (225 ILCS 85/3)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 3. Definitions. For the purpose of this Act, except
19where otherwise limited therein:
20    (a) "Pharmacy" or "drugstore" means and includes every
21store, shop, pharmacy department, or other place where
22pharmacist care is provided by a pharmacist (1) where drugs,
23medicines, or poisons are dispensed, sold or offered for sale



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1at retail, or displayed for sale at retail; or (2) where
2prescriptions of physicians, dentists, advanced practice
3nurses, physician assistants, veterinarians, podiatric
4physicians, or optometrists, within the limits of their
5licenses, are compounded, filled, or dispensed; or (3) which
6has upon it or displayed within it, or affixed to or used in
7connection with it, a sign bearing the word or words
8"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
9"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
10"Drugs", "Dispensary", "Medicines", or any word or words of
11similar or like import, either in the English language or any
12other language; or (4) where the characteristic prescription
13sign (Rx) or similar design is exhibited; or (5) any store, or
14shop, or other place with respect to which any of the above
15words, objects, signs or designs are used in any advertisement.
16    (b) "Drugs" means and includes (1) articles recognized in
17the official United States Pharmacopoeia/National Formulary
18(USP/NF), or any supplement thereto and being intended for and
19having for their main use the diagnosis, cure, mitigation,
20treatment or prevention of disease in man or other animals, as
21approved by the United States Food and Drug Administration, but
22does not include devices or their components, parts, or
23accessories; and (2) all other articles intended for and having
24for their main use the diagnosis, cure, mitigation, treatment
25or prevention of disease in man or other animals, as approved
26by the United States Food and Drug Administration, but does not



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1include devices or their components, parts, or accessories; and
2(3) articles (other than food) having for their main use and
3intended to affect the structure or any function of the body of
4man or other animals; and (4) articles having for their main
5use and intended for use as a component or any articles
6specified in clause (1), (2) or (3); but does not include
7devices or their components, parts or accessories.
8    (c) "Medicines" means and includes all drugs intended for
9human or veterinary use approved by the United States Food and
10Drug Administration.
11    (d) "Practice of pharmacy" means (1) the interpretation and
12the provision of assistance in the monitoring, evaluation, and
13implementation of prescription drug orders; (2) the dispensing
14of prescription drug orders; (3) participation in drug and
15device selection; (4) drug administration limited to the
16administration of oral, topical, injectable, and inhalation as
17follows: in the context of patient education on the proper use
18or delivery of medications; vaccination of patients 14 years of
19age and older pursuant to a valid prescription or standing
20order, by a physician licensed to practice medicine in all its
21branches, upon completion of appropriate training, including
22how to address contraindications and adverse reactions set
23forth by rule, with notification to the patient's physician and
24appropriate record retention, or pursuant to hospital pharmacy
25and therapeutics committee policies and procedures; (5)
26vaccination of patients ages 10 through 13 limited to the



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1Influenza (inactivated influenza vaccine and live attenuated
2influenza intranasal vaccine) and Tdap (defined as tetanus,
3diphtheria, acellular pertussis) vaccines, pursuant to a valid
4prescription or standing order, by a physician licensed to
5practice medicine in all its branches, upon completion of
6appropriate training, including how to address
7contraindications and adverse reactions set forth by rule, with
8notification to the patient's physician and appropriate record
9retention, or pursuant to hospital pharmacy and therapeutics
10committee policies and procedures; (6) drug regimen review; (7)
11drug or drug-related research; (8) the provision of patient
12counseling; (9) the practice of telepharmacy; (10) the
13provision of those acts or services necessary to provide
14pharmacist care; (11) medication therapy management; and (12)
15the responsibility for compounding and labeling of drugs and
16devices (except labeling by a manufacturer, repackager, or
17distributor of non-prescription drugs and commercially
18packaged legend drugs and devices), proper and safe storage of
19drugs and devices, and maintenance of required records. A
20pharmacist who performs any of the acts defined as the practice
21of pharmacy in this State must be actively licensed as a
22pharmacist under this Act.
23    (e) "Prescription" means and includes any written, oral,
24facsimile, or electronically transmitted order for drugs or
25medical devices, issued by a physician licensed to practice
26medicine in all its branches, dentist, veterinarian, podiatric



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1physician, or optometrist, within the limits of their licenses,
2by a physician assistant in accordance with subsection (f) of
3Section 4, or by an advanced practice nurse in accordance with
4subsection (g) of Section 4, containing the following: (1) name
5of the patient; (2) date when prescription was issued; (3) name
6and strength of drug or description of the medical device
7prescribed; and (4) quantity; (5) directions for use; (6)
8prescriber's name, address, and signature; and (7) DEA
9registration number where required, for controlled substances.
10The prescription may, but is not required to, list the illness,
11disease, or condition for which the drug or device is being
12prescribed. DEA registration numbers shall not be required on
13inpatient drug orders.
14    (f) "Person" means and includes a natural person,
15partnership copartnership, association, corporation,
16government entity, or any other legal entity.
17    (g) "Department" means the Department of Financial and
18Professional Regulation.
19    (h) "Board of Pharmacy" or "Board" means the State Board of
20Pharmacy of the Department of Financial and Professional
22    (i) "Secretary" means the Secretary of Financial and
23Professional Regulation.
24    (j) "Drug product selection" means the interchange for a
25prescribed pharmaceutical product in accordance with Section
2625 of this Act and Section 3.14 of the Illinois Food, Drug and



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1Cosmetic Act.
2    (k) "Inpatient drug order" means an order issued by an
3authorized prescriber for a resident or patient of a facility
4licensed under the Nursing Home Care Act, the ID/DD Community
5Care Act, the MC/DD Act, the Specialized Mental Health
6Rehabilitation Act of 2013, or the Hospital Licensing Act, or
7"An Act in relation to the founding and operation of the
8University of Illinois Hospital and the conduct of University
9of Illinois health care programs", approved July 3, 1931, as
10amended, or a facility which is operated by the Department of
11Human Services (as successor to the Department of Mental Health
12and Developmental Disabilities) or the Department of
14    (k-5) "Pharmacist" means an individual health care
15professional and provider currently licensed by this State to
16engage in the practice of pharmacy.
17    (l) "Pharmacist in charge" means the licensed pharmacist
18whose name appears on a pharmacy license and who is responsible
19for all aspects of the operation related to the practice of
21    (m) "Dispense" or "dispensing" means the interpretation,
22evaluation, and implementation of a prescription drug order,
23including the preparation and delivery of a drug or device to a
24patient or patient's agent in a suitable container
25appropriately labeled for subsequent administration to or use
26by a patient in accordance with applicable State and federal



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1laws and regulations. "Dispense" or "dispensing" does not mean
2the physical delivery to a patient or a patient's
3representative in a home or institution by a designee of a
4pharmacist or by common carrier. "Dispense" or "dispensing"
5also does not mean the physical delivery of a drug or medical
6device to a patient or patient's representative by a
7pharmacist's designee within a pharmacy or drugstore while the
8pharmacist is on duty and the pharmacy is open.
9    (n) "Nonresident pharmacy" means a pharmacy that is located
10in a state, commonwealth, or territory of the United States,
11other than Illinois, that delivers, dispenses, or distributes,
12through the United States Postal Service, commercially
13acceptable parcel delivery service, or other common carrier, to
14Illinois residents, any substance which requires a
16    (o) "Compounding" means the preparation and mixing of
17components, excluding flavorings, (1) as the result of a
18prescriber's prescription drug order or initiative based on the
19prescriber-patient-pharmacist relationship in the course of
20professional practice or (2) for the purpose of, or incident
21to, research, teaching, or chemical analysis and not for sale
22or dispensing. "Compounding" includes the preparation of drugs
23or devices in anticipation of receiving prescription drug
24orders based on routine, regularly observed dispensing
25patterns. Commercially available products may be compounded
26for dispensing to individual patients only if all of the



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1following conditions are met: (i) the commercial product is not
2reasonably available from normal distribution channels in a
3timely manner to meet the patient's needs and (ii) the
4prescribing practitioner has requested that the drug be
6    (p) (Blank).
7    (q) (Blank).
8    (r) "Patient counseling" means the communication between a
9pharmacist or a student pharmacist under the supervision of a
10pharmacist and a patient or the patient's representative about
11the patient's medication or device for the purpose of
12optimizing proper use of prescription medications or devices.
13"Patient counseling" may include without limitation (1)
14obtaining a medication history; (2) acquiring a patient's
15allergies and health conditions; (3) facilitation of the
16patient's understanding of the intended use of the medication;
17(4) proper directions for use; (5) significant potential
18adverse events; (6) potential food-drug interactions; and (7)
19the need to be compliant with the medication therapy. A
20pharmacy technician may only participate in the following
21aspects of patient counseling under the supervision of a
22pharmacist: (1) obtaining medication history; (2) providing
23the offer for counseling by a pharmacist or student pharmacist;
24and (3) acquiring a patient's allergies and health conditions.
25    (s) "Patient profiles" or "patient drug therapy record"
26means the obtaining, recording, and maintenance of patient



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1prescription information, including prescriptions for
2controlled substances, and personal information.
3    (t) (Blank).
4    (u) "Medical device" or "device" means an instrument,
5apparatus, implement, machine, contrivance, implant, in vitro
6reagent, or other similar or related article, including any
7component part or accessory, required under federal law to bear
8the label "Caution: Federal law requires dispensing by or on
9the order of a physician". A seller of goods and services who,
10only for the purpose of retail sales, compounds, sells, rents,
11or leases medical devices shall not, by reasons thereof, be
12required to be a licensed pharmacy.
13    (v) "Unique identifier" means an electronic signature,
14handwritten signature or initials, thumb print, or other
15acceptable biometric or electronic identification process as
16approved by the Department.
17    (w) "Current usual and customary retail price" means the
18price that a pharmacy charges to a non-third-party payor.
19    (x) "Automated pharmacy system" means a mechanical system
20located within the confines of the pharmacy or remote location
21that performs operations or activities, other than compounding
22or administration, relative to storage, packaging, dispensing,
23or distribution of medication, and which collects, controls,
24and maintains all transaction information.
25    (y) "Drug regimen review" means and includes the evaluation
26of prescription drug orders and patient records for (1) known



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1allergies; (2) drug or potential therapy contraindications;
2(3) reasonable dose, duration of use, and route of
3administration, taking into consideration factors such as age,
4gender, and contraindications; (4) reasonable directions for
5use; (5) potential or actual adverse drug reactions; (6)
6drug-drug interactions; (7) drug-food interactions; (8)
7drug-disease contraindications; (9) therapeutic duplication;
8(10) patient laboratory values when authorized and available;
9(11) proper utilization (including over or under utilization)
10and optimum therapeutic outcomes; and (12) abuse and misuse.
11    (z) "Electronically transmitted Electronic transmission
12prescription" means a prescription that is created, recorded,
13or stored by electronic means; issued and validated with an
14electronic signature; and transmitted by electronic means
15directly from the prescriber to a pharmacy. An electronic
16prescription is not an image of a physical prescription that is
17transferred by electronic means from computer to computer,
18facsimile to facsimile, or facsimile to computer any
19prescription order for which a facsimile or electronic image of
20the order is electronically transmitted from a licensed
21prescriber to a pharmacy. "Electronic transmission
22prescription" includes both data and image prescriptions.
23    (aa) "Medication therapy management services" means a
24distinct service or group of services offered by licensed
25pharmacists, physicians licensed to practice medicine in all
26its branches, advanced practice nurses authorized in a written



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1agreement with a physician licensed to practice medicine in all
2its branches, or physician assistants authorized in guidelines
3by a supervising physician that optimize therapeutic outcomes
4for individual patients through improved medication use. In a
5retail or other non-hospital pharmacy, medication therapy
6management services shall consist of the evaluation of
7prescription drug orders and patient medication records to
8resolve conflicts with the following:
9        (1) known allergies;
10        (2) drug or potential therapy contraindications;
11        (3) reasonable dose, duration of use, and route of
12    administration, taking into consideration factors such as
13    age, gender, and contraindications;
14        (4) reasonable directions for use;
15        (5) potential or actual adverse drug reactions;
16        (6) drug-drug interactions;
17        (7) drug-food interactions;
18        (8) drug-disease contraindications;
19        (9) identification of therapeutic duplication;
20        (10) patient laboratory values when authorized and
21    available;
22        (11) proper utilization (including over or under
23    utilization) and optimum therapeutic outcomes; and
24        (12) drug abuse and misuse.
25    "Medication therapy management services" includes the



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1        (1) documenting the services delivered and
2    communicating the information provided to patients'
3    prescribers within an appropriate time frame, not to exceed
4    48 hours;
5        (2) providing patient counseling designed to enhance a
6    patient's understanding and the appropriate use of his or
7    her medications; and
8        (3) providing information, support services, and
9    resources designed to enhance a patient's adherence with
10    his or her prescribed therapeutic regimens.
11    "Medication therapy management services" may also include
12patient care functions authorized by a physician licensed to
13practice medicine in all its branches for his or her identified
14patient or groups of patients under specified conditions or
15limitations in a standing order from the physician.
16    "Medication therapy management services" in a licensed
17hospital may also include the following:
18        (1) reviewing assessments of the patient's health
19    status; and
20        (2) following protocols of a hospital pharmacy and
21    therapeutics committee with respect to the fulfillment of
22    medication orders.
23    (bb) "Pharmacist care" means the provision by a pharmacist
24of medication therapy management services, with or without the
25dispensing of drugs or devices, intended to achieve outcomes
26that improve patient health, quality of life, and comfort and



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1enhance patient safety.
2    (cc) "Protected health information" means individually
3identifiable health information that, except as otherwise
4provided, is:
5        (1) transmitted by electronic media;
6        (2) maintained in any medium set forth in the
7    definition of "electronic media" in the federal Health
8    Insurance Portability and Accountability Act; or
9        (3) transmitted or maintained in any other form or
10    medium.
11    "Protected health information" does not include
12individually identifiable health information found in:
13        (1) education records covered by the federal Family
14    Educational Right and Privacy Act; or
15        (2) employment records held by a licensee in its role
16    as an employer.
17    (dd) "Standing order" means a specific order for a patient
18or group of patients issued by a physician licensed to practice
19medicine in all its branches in Illinois.
20    (ee) "Address of record" means the designated address
21recorded by the Department in the applicant's application file
22or licensee's license file maintained by the Department's
23licensure maintenance unit. address recorded by the Department
24in the applicant's or licensee's application file or license
25file, as maintained by the Department's licensure maintenance



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1    (ff) "Home pharmacy" means the location of a pharmacy's
2primary operations.
3    (gg) "Email address of record" means the designated email
4address recorded by the Department in the applicant's
5application file or the licensee's license file, as maintained
6by the Department's licensure maintenance unit.
7(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
898-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
9    (225 ILCS 85/3.5 new)
10    Sec. 3.5. Address of record; email address of record. All
11applicants and licensees shall:
12        (1) provide a valid address and email address to the
13    Department, which shall serve as the address of record and
14    email address of record, respectively, at the time of
15    application for licensure or renewal of a license; and
16        (2) inform the Department of any change of address of
17    record or email address of record within 14 days after such
18    change either through the Department's website or by
19    contacting the Department's licensure maintenance unit.
20    (225 ILCS 85/5.5)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 5.5. Unlicensed practice; violation; civil penalty.
23    (a) Any person who practices, offers to practice, attempts
24to practice, or holds oneself out to practice pharmacy without



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1being licensed under this Act shall, in addition to any other
2penalty provided by law, pay a civil penalty to the Department
3in an amount not to exceed $10,000 $5,000 for each offense as
4determined by the Department. The civil penalty shall be
5assessed by the Department after a hearing is held in
6accordance with the provisions set forth in this Act regarding
7the provision of a hearing for the discipline of a licensee.
8    (b) The Department has the authority and power to
9investigate any and all unlicensed activity.
10    (c) The civil penalty shall be paid within 60 days after
11the effective date of the order imposing the civil penalty. The
12order shall constitute a judgment and may be filed and
13execution had thereon in the same manner as any judgment from
14any court of record.
15(Source: P.A. 89-474, eff. 6-18-96.)
16    (225 ILCS 85/7)  (from Ch. 111, par. 4127)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 7. Application; examination. Applications for
19original licenses shall be made to the Department in writing or
20electronically on forms prescribed by the Department and shall
21be accompanied by the required fee, which shall not be
22refundable. Any such application shall require such
23information as in the judgment of the Department will enable
24the Board and Department to pass on the qualifications of the
25applicant for a license.



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1    The Department shall authorize examinations of applicants
2as pharmacists not less than 3 times per year at such times and
3places as it may determine. The examination of applicants shall
4be of a character to give a fair test of the qualifications of
5the applicant to practice pharmacy.
6    Applicants for examination as pharmacists shall be
7required to pay, either to the Department or the designated
8testing service, a fee covering the cost of providing the
9examination. Failure to appear for the examination on the
10scheduled date, at the time and place specified, after the
11applicant's application for examination has been received and
12acknowledged by the Department or the designated testing
13service, shall result in the forfeiture of the examination fee.
14The examination shall be developed and provided by the National
15Association of Boards of Pharmacy.
16    If an applicant neglects, fails or refuses to take an
17examination or fails to pass an examination for a license under
18this Act within 3 years after filing his application, the
19application is denied. However, such applicant may thereafter
20make a new application accompanied by the required fee and show
21evidence of meeting the requirements in force at the time of
22the new application.
23    The Department shall notify applicants taking the
24examination of their results within 7 weeks of the examination
25date. Further, the Department shall have the authority to
26immediately authorize such applicants who successfully pass



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1the examination to engage in the practice of pharmacy.
2    An applicant shall have one year from the date of
3notification of successful completion of the examination to
4apply to the Department for a license. If an applicant fails to
5make such application within one year the applicant shall be
6required to again take and pass the examination.
7    An applicant who has graduated with a professional degree
8from a school of pharmacy located outside of the United States
9must do the following:
10        (1) obtain a Foreign Pharmacy Graduate Examination
11    Committee (FPGEC) Certificate;
12        (2) complete 1,200 hours of clinical training and
13    experience, as defined by rule, in the United States or its
14    territories; and
15        (3) successfully complete the licensing requirements
16    set forth in Section 6 of this Act, as well as those
17    adopted by the Department by rule.
18    The Department may employ consultants for the purpose of
19preparing and conducting examinations.
20(Source: P.A. 95-689, eff. 10-29-07.)
21    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 9. Licensure Registration as registered pharmacy
25    (a) Any person shall be entitled to licensure registration



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1as a registered pharmacy technician who is of the age of 16 or
2over, has not engaged in conduct or behavior determined to be
3grounds for discipline under this Act, is attending or has
4graduated from an accredited high school or comparable school
5or educational institution or received a high school
6equivalency certificate, and has filed a written or electronic
7application for licensure registration on a form to be
8prescribed and furnished by the Department for that purpose.
9The Department shall issue a license certificate of
10registration as a registered pharmacy technician to any
11applicant who has qualified as aforesaid, and such license
12registration shall be the sole authority required to assist
13licensed pharmacists in the practice of pharmacy, under the
14supervision of a licensed pharmacist. A registered pharmacy
15technician may, under the supervision of a pharmacist, assist
16in the practice of pharmacy and perform such functions as
17assisting in the dispensing process, offering counseling,
18receiving new verbal prescription orders, and having
19prescriber contact concerning prescription drug order
20clarification. A registered pharmacy technician may not engage
21in patient counseling, drug regimen review, or clinical
22conflict resolution.
23    (b) Beginning on January 1, 2017, within 2 years after
24initial licensure registration as a registered pharmacy
25technician, the licensee registrant must meet the requirements
26described in Section 9.5 of this Act and become licensed



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1register as a registered certified pharmacy technician. If the
2licensee registrant has not yet attained the age of 18, then
3upon the next renewal as a registered pharmacy technician, the
4licensee registrant must meet the requirements described in
5Section 9.5 of this Act and become licensed register as a
6registered certified pharmacy technician. This requirement
7does not apply to pharmacy technicians registered prior to
8January 1, 2008.
9    (c) Any person registered as a pharmacy technician who is
10also enrolled in a first professional degree program in
11pharmacy in a school or college of pharmacy or a department of
12pharmacy of a university approved by the Department or has
13graduated from such a program within the last 18 months, shall
14be considered a "student pharmacist" and entitled to use the
15title "student pharmacist". A student pharmacist must meet all
16of the requirements for licensure registration as a registered
17pharmacy technician set forth in this Section excluding the
18requirement of certification prior to the second license
19registration renewal and pay the required registered pharmacy
20technician license registration fees. A student pharmacist
21may, under the supervision of a pharmacist, assist in the
22practice of pharmacy and perform any and all functions
23delegated to him or her by the pharmacist.
24    (d) Any person seeking licensure as a pharmacist who has
25graduated from a pharmacy program outside the United States
26must register as a pharmacy technician and shall be considered



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1a "student pharmacist" and be entitled to use the title
2"student pharmacist" while completing the 1,200 clinical hours
3of training approved by the Board of Pharmacy described and for
4no more than 18 months after completion of these hours. These
5individuals are not required to become registered certified
6pharmacy technicians while completing their Board approved
7clinical training, but must become licensed as a pharmacist or
8become licensed as a registered certified pharmacy technician
9before the second pharmacy technician license registration
10renewal following completion of the Board approved clinical
12    (e) The Department shall not renew the registered pharmacy
13technician license of any person who has been licensed
14registered as a registered pharmacy technician with the
15designation "student pharmacist" who: (1) and has dropped out
16of or been expelled from an ACPE accredited college of
17pharmacy; (2) , who has failed to complete his or her 1,200
18hours of Board approved clinical training within 24 months; or
19(3) who has failed the pharmacist licensure examination 3
20times. The Department and shall require these individuals to
21meet the requirements of and become licensed registered as a
22registered certified pharmacy technician.
23    (f) The Department may take any action set forth in Section
2430 of this Act with regard to a license registrations pursuant
25to this Section.
26    (g) Any person who is enrolled in a non-traditional



HB3462- 22 -LRB100 05725 SMS 15747 b

1Pharm.D. program at an ACPE accredited college of pharmacy and
2is a licensed as a registered pharmacist under the laws of
3another United States jurisdiction shall be permitted to engage
4in the program of practice experience required in the academic
5program by virtue of such license. Such person shall be exempt
6from the requirement of licensure registration as a registered
7pharmacy technician or registered certified pharmacy
8technician while engaged in the program of practice experience
9required in the academic program.
10    An applicant for licensure registration as a registered
11pharmacy technician may assist a pharmacist in the practice of
12pharmacy for a period of up to 60 days prior to the issuance of
13a license certificate of registration if the applicant has
14submitted the required fee and an application for licensure
15registration to the Department. The applicant shall keep a copy
16of the submitted application on the premises where the
17applicant is assisting in the practice of pharmacy. The
18Department shall forward confirmation of receipt of the
19application with start and expiration dates of practice pending
20licensure registration.
21(Source: P.A. 98-718, eff. 1-1-15; 99-473, eff. 1-1-17.)
22    (225 ILCS 85/9.5)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 9.5. Registered certified pharmacy technician.
25    (a) An individual licensed registered as a registered



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1pharmacy technician under this Act may be licensed registered
2as a registered certified pharmacy technician, if he or she
3meets all of the following requirements:
4        (1) He or she has submitted a written application in
5    the form and manner prescribed by the Department.
6        (2) He or she has attained the age of 18.
7        (3) He or she is of good moral character, as determined
8    by the Department.
9        (4) He or she has (i) graduated from pharmacy
10    technician training meeting the requirements set forth in
11    subsection (a) of Section 17.1 of this Act or (ii) obtained
12    documentation from the pharmacist-in-charge of the
13    pharmacy where the applicant is employed verifying that he
14    or she has successfully completed a training program and
15    has successfully completed an objective assessment
16    mechanism prepared in accordance with rules established by
17    the Department.
18        (5) He or she has successfully passed an examination
19    accredited by the National Commission for Certifying
20    Agencies, as approved and required by the Board or by rule.
21        (6) He or she has paid the required licensure
22    certification fees.
23    (b) No pharmacist whose license has been denied, revoked,
24suspended, or restricted for disciplinary purposes may be
25eligible to be registered as a certified pharmacy technician
26unless authorized by order of the Department as a condition of



HB3462- 24 -LRB100 05725 SMS 15747 b

1restoration from revocation, suspension, or restriction.
2    (c) The Department may, by rule, establish any additional
3requirements for licensure certification under this Section.
4    (d) A person who is not a licensed registered pharmacy
5technician and meets the requirements of this Section may be
6licensed register as a registered certified pharmacy
7technician without first being licensed registering as a
8registered pharmacy technician.
9    (e) As a condition for the renewal of a license certificate
10of registration as a registered certified pharmacy technician,
11the licensee registrant shall provide evidence to the
12Department of completion of a total of 20 hours of continuing
13pharmacy education during the 24 months preceding the
14expiration date of the certificate as established by rule. One
15hour of continuing pharmacy education must be in the subject of
16pharmacy law. One hour of continuing pharmacy education must be
17in the subject of patient safety. The continuing education
18shall be approved by the Accreditation Council on Pharmacy
20    The Department may shall establish by rule a means for the
21verification of completion of the continuing education
22required by this subsection (e). This verification may be
23accomplished through audits of records maintained by licensees
24registrants, by requiring the filing of continuing education
25certificates with the Department or a qualified organization
26selected by the Department to maintain such records, or by



HB3462- 25 -LRB100 05725 SMS 15747 b

1other means established by the Department.
2    Rules developed under this subsection (e) may provide for a
3reasonable annual fee, not to exceed $20, to fund the cost of
4such recordkeeping. The Department may shall, by rule, further
5provide an orderly process for the restoration reinstatement of
6a license registration that has not been renewed due to the
7failure to meet the continuing pharmacy education requirements
8of this subsection (e). The Department may waive the
9requirements of continuing pharmacy education, in whole or in
10part, in cases of extreme hardship as defined by rule of the
11Department. The waivers may shall be granted for not more than
12one of any 3 consecutive renewal periods.
13(Source: P.A. 99-473, eff. 1-1-17.)
14    (225 ILCS 85/10)  (from Ch. 111, par. 4130)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 10. State Board of Pharmacy.
17    (a) There is created in the Department the State Board of
18Pharmacy. It shall consist of 9 members, 7 of whom shall be
19licensed pharmacists. Each of those 7 members must be a
20licensed pharmacist in good standing in this State, a graduate
21of an accredited college of pharmacy or hold a Bachelor of
22Science degree in Pharmacy and have at least 5 years' practical
23experience in the practice of pharmacy subsequent to the date
24of his licensure as a licensed pharmacist in the State of
25Illinois. There shall be 2 public members, who shall be voting



HB3462- 26 -LRB100 05725 SMS 15747 b

1members, who shall not be engaged in any way, directly or
2indirectly, as providers of health care licensed pharmacists in
3this State or any other state.
4    (b) Each member shall be appointed by the Governor.
5    (c) Members shall be appointed to 5 year terms. The
6Governor shall fill any vacancy for the remainder of the
7unexpired term. Partial terms over 3 years in length shall be
8considered full terms. A member may be reappointed for a
9successive term, but no member shall serve more than 2 full
10terms in his or her lifetime.
11    (d) In making the appointment of members on the Board, the
12Governor shall give due consideration to recommendations by the
13members of the profession of pharmacy and by pharmacy
14organizations therein. The Governor shall notify the pharmacy
15organizations promptly of any vacancy of members on the Board
16and in appointing members shall give consideration to
17individuals engaged in all types and settings of pharmacy
19    (e) The Governor may remove any member of the Board for
20misconduct, incapacity, or neglect of duty, and he or she shall
21be the sole judge of the sufficiency of the cause for removal.
22    (f) Each member of the Board shall be reimbursed for such
23actual and legitimate expenses as he or she may incur in going
24to and from the place of meeting and remaining there thereat
25during sessions of the Board. In addition, each member of the
26Board may receive a per diem payment in an amount determined



HB3462- 27 -LRB100 05725 SMS 15747 b

1from time to time by the Director for attendance at meetings of
2the Board and conducting other official business of the Board.
3    (g) The Board shall hold quarterly meetings at such times
4and places and upon notice as the Department may determine and
5as its business may require. A majority of the Board members
6currently appointed shall constitute a quorum. A vacancy in the
7membership of the Board shall not impair the right of a quorum
8to exercise all the rights and perform all the duties of the
10    (h) The Board shall exercise the rights, powers and duties
11which have been vested in the Board under this Act, and any
12other duties conferred upon the Board by law.
13(Source: P.A. 95-689, eff. 10-29-07.)
14    (225 ILCS 85/11)  (from Ch. 111, par. 4131)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 11. Duties of the Department. The Department shall
17exercise the powers and duties prescribed by the Civil
18Administrative Code of Illinois for the administration of
19Licensing Acts and shall exercise such other powers and duties
20necessary for effectuating the purpose of this Act. The powers
21and duties of the Department also include However, the
22following powers and duties shall be exercised only upon review
23of the Board of Pharmacy to take such action:
24    (a) Formulation of Formulate such rules, not inconsistent
25with law and subject to the Illinois Administrative Procedure



HB3462- 28 -LRB100 05725 SMS 15747 b

1Act, as may be necessary to carry out the purposes and enforce
2the provisions of this Act. The Secretary Director may grant
3variances from any such rules as provided for in this Section. ;
4    (b) The suspension, revocation, placing on probationary
5status, reprimand, and refusing to issue or restore, or taking
6any other disciplinary or non-disciplinary action against any
7license or certificate of registration issued under the
8provisions of this Act for the reasons set forth in Section 30
9of this Act.
10    (c) The issuance, renewal, restoration, or reissuance of
11any license or certificate which has been previously refused to
12be issued or renewed, or has been revoked, suspended or placed
13on probationary status.
14    (c-5) The granting of variances from rules promulgated
15pursuant to this Section in individual cases where there is a
16finding that:
17        (1) the provision from which the variance is granted is
18    not statutorily mandated;
19        (2) no party will be injured by the granting of the
20    variance; and
21        (3) the rule from which the variance is granted would,
22    in the particular case, be unreasonable or unnecessarily
23    burdensome.
24    The Secretary Director shall give consideration to the
25recommendations of notify the State Board of Pharmacy regarding
26of the granting of such variance and the reasons therefor, at



HB3462- 29 -LRB100 05725 SMS 15747 b

1the next meeting of the Board.
2    (d) The Secretary shall appoint a chief pharmacy
3coordinator who and at least 2 deputy pharmacy coordinators,
4all of whom shall be a licensed pharmacist registered
5pharmacists in good standing in this State, shall be a graduate
6graduates of an accredited college of pharmacy or hold, at a
7minimum, a bachelor of science degree in pharmacy, and shall
8have at least 5 years of experience in the practice of pharmacy
9immediately prior to his or her appointment. The chief pharmacy
10coordinator shall be the executive administrator and the chief
11enforcement officer of this Act. The deputy pharmacy
12coordinators shall report to the chief pharmacy coordinator.
13The Secretary shall assign at least one deputy pharmacy
14coordinator to a region composed of Cook County and such other
15counties as the Secretary may deem appropriate, and such deputy
16pharmacy coordinator shall have his or her primary office in
17Chicago. The Secretary shall assign at least one deputy
18pharmacy coordinator to a region composed of the balance of
19counties in the State, and such deputy pharmacy coordinator
20shall have his or her primary office in Springfield.
21    (e) The Department Secretary shall, in conformity with the
22Personnel Code, employ such pharmacy investigators as deemed
23necessary not less than 4 pharmacy investigators who shall
24report to the chief pharmacy coordinator or a deputy pharmacy
25coordinator. Each pharmacy investigator shall be a licensed
26pharmacist unless employed as a pharmacy investigator on or



HB3462- 30 -LRB100 05725 SMS 15747 b

1before August 27, 2015 (the effective date of Public Act
299-473) this amendatory Act of the 99th General Assembly. The
3Department shall also employ at least one attorney to prosecute
4violations of this Act and its rules. The Department may, in
5conformity with the Personnel Code, employ such clerical and
6other employees as are necessary to carry out the duties of the
7Board and Department.
8    The duly authorized pharmacy investigators of the
9Department shall have the right to enter and inspect, during
10business hours, any pharmacy or any other place in this State
11holding itself out to be a pharmacy where medicines, drugs or
12drug products, or proprietary medicines are sold, offered for
13sale, exposed for sale, or kept for sale.
14(Source: P.A. 99-473, eff. 8-27-15.)
15    (225 ILCS 85/12)  (from Ch. 111, par. 4132)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 12. Expiration of license; renewal.
18    (a) The expiration date and renewal period for each license
19and certificate of registration issued under this Act shall be
20set by rule.
21    (b) As a condition for the renewal of a license certificate
22of registration as a pharmacist, the licensee registrant shall
23provide evidence to the Department of completion of a total of
2430 hours of pharmacy continuing education during the 24 months
25preceding the expiration date of the certificate. Such



HB3462- 31 -LRB100 05725 SMS 15747 b

1continuing education shall be approved by the Accreditation
2Council on Pharmacy Education.
3    (c) The Department may shall establish by rule a means for
4the verification of completion of the continuing education
5required by this Section. This verification may be accomplished
6through audits of records maintained by licensees registrants,
7by requiring the filing of continuing education certificates
8with the Department or a qualified organization selected by the
9Department to maintain such records or by other means
10established by the Department.
11    (d) Rules developed under this Section may provide for a
12reasonable biennial fee, not to exceed $20, to fund the cost of
13such recordkeeping. The Department may shall, by rule, further
14provide an orderly process for the restoration reinstatement of
15licenses which have not been renewed due to the failure to meet
16the continuing education requirements of this Section. The
17requirements of continuing education may be waived, in whole or
18in part, in cases of extreme hardship as defined by rule of the
19Department. Such waivers shall be granted for not more than one
20of any 3 consecutive renewal periods.
21    (e) Any pharmacist who has permitted his license to expire
22or who has had his license on inactive status may have his
23license restored by making application to the Department and
24filing proof acceptable to the Department of his fitness to
25have his license restored, and by paying the required
26restoration fee. The Department shall determine, by an



HB3462- 32 -LRB100 05725 SMS 15747 b

1evaluation program established by rule his fitness for
2restoration of his license and shall establish procedures and
3requirements for such restoration. However, any pharmacist who
4demonstrates that he has continuously maintained active
5practice in another jurisdiction pursuant to a license in good
6standing, and who has substantially complied with the
7continuing education requirements of this Section shall not be
8subject to further evaluation for purposes of this Section.
9    (f) Any licensee who shall engage in the practice for which
10his or her license was issued while the license is expired or
11on inactive status shall be considered to be practicing without
12a license which, shall be grounds for discipline under Section
1330 of this Act.
14    (g) Any pharmacy operating on an expired license is engaged
15in the unlawful practice of pharmacy and is subject to
16discipline under Section 30 of this Act. A pharmacy whose
17license has been expired for one year or more may not have its
18license restored but must apply for a new license and meet all
19requirements for licensure. Any pharmacy whose license has been
20expired for less than one year may apply for restoration of its
21license and shall have its license restored.
22    (h) However, any pharmacist whose license expired while he
23was (1) in Federal Service on active duty with the Armed Forces
24of the United States, or the State Militia called into service
25or training, or (2) in training or education under the
26supervision of the United States preliminary to induction into



HB3462- 33 -LRB100 05725 SMS 15747 b

1the military service, may have his license or certificate
2restored without paying any lapsed renewal fees, if within 2
3years after honorable termination of such service, training or
4education he furnishes the Department with satisfactory
5evidence to the effect that he has been so engaged and that his
6service, training or education has been so terminated.
7(Source: P.A. 95-689, eff. 10-29-07.)
8    (225 ILCS 85/13)  (from Ch. 111, par. 4133)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 13. Inactive status.
11    (a) Any pharmacist, registered certified pharmacy
12technician, or registered pharmacy technician who notifies the
13Department, in writing or electronically on forms prescribed by
14the Department, may elect to place his or her license on an
15inactive status and shall be excused from payment of renewal
16fees and completion of continuing education requirements until
17he or she notifies the Department in writing of his or her
18intent to restore his license.
19    (b) Any pharmacist, registered certified pharmacy
20technician, or registered pharmacy pharmacist technician
21requesting restoration from inactive status shall be required
22to pay the current renewal fee and shall be required to restore
23his or her license or certificate, as provided by rule of the
25    (c) Any pharmacist, registered certified pharmacy



HB3462- 34 -LRB100 05725 SMS 15747 b

1technician, or registered pharmacy pharmacist technician whose
2license is in inactive status shall not practice in the State
3of Illinois.
4    (d) A pharmacy license may not be placed on inactive
6    (e) Continued practice on a license which has lapsed or
7been placed on inactive status shall be considered to be
8practicing without a license.
9(Source: P.A. 95-689, eff. 10-29-07.)
10    (225 ILCS 85/15)  (from Ch. 111, par. 4135)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 15. Pharmacy requirements.
13    (1) It shall be unlawful for the owner of any pharmacy, as
14defined in this Act, to operate or conduct the same, or to
15allow the same to be operated or conducted, unless:
16        (a) It has a licensed pharmacist, authorized to
17    practice pharmacy in this State under the provisions of
18    this Act, on duty whenever the practice of pharmacy is
19    conducted;
20        (b) Security provisions for all drugs and devices, as
21    determined by rule of the Department, are provided during
22    the absence from the licensed pharmacy of all licensed
23    pharmacists. Maintenance of security provisions is the
24    responsibility of the licensed pharmacist in charge; and
25        (c) The pharmacy is licensed under this Act to conduct



HB3462- 35 -LRB100 05725 SMS 15747 b

1    the practice of pharmacy in any and all forms from the
2    physical address of the pharmacy's primary inventory where
3    U.S. mail is delivered. If a facility, company, or
4    organization operates multiple pharmacies from multiple
5    physical addresses, a separate pharmacy license is
6    required for each different physical address.
7    (2) The Department may allow a pharmacy that is not located
8at the same location as its home pharmacy and at which pharmacy
9services are provided during an emergency situation, as defined
10by rule, to be operated as an emergency remote pharmacy. An
11emergency remote pharmacy operating under this subsection (2)
12shall operate under the license of the home pharmacy.
13    (3) The Secretary may waive the requirement for a
14pharmacist to be on duty at all times for State facilities not
15treating human ailments. This waiver of the requirement remains
16in effect until it is rescinded by the Secretary and the
17Department provides written notice of the rescission to the
18State facility.
19    (4) It shall be unlawful for any person, who is not a
20licensed pharmacy or health care facility, to purport to be
21such or to use in name, title, or sign designating, or in
22connection with that place of business, any of the words:
23"pharmacy", "pharmacist", "pharmacy department", "apothecary",
24"druggist", "drug", "drugs", "medicines", "medicine store",
25"drug sundries", "prescriptions filled", or any list of words
26indicating that drugs are compounded or sold to the lay public,



HB3462- 36 -LRB100 05725 SMS 15747 b

1or prescriptions are dispensed therein. Each day during which,
2or a part which, such representation is made or appears or such
3a sign is allowed to remain upon or in such a place of business
4shall constitute a separate offense under this Act.
5    (5) The holder of any license or certificate of
6registration shall conspicuously display it in the pharmacy in
7which he is engaged in the practice of pharmacy. The pharmacist
8in charge shall conspicuously display his name in such
9pharmacy. The pharmacy license shall also be conspicuously
11(Source: P.A. 95-689, eff. 10-29-07; 96-219, eff. 8-10-09;
1296-1000, eff. 7-2-10.)
13    (225 ILCS 85/16)  (from Ch. 111, par. 4136)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 16. The Department shall require and provide for the
16licensure of every pharmacy doing business in this State. Such
17licensure shall expire 30 days after the pharmacist in charge
18dies or is no longer employed by or leaves the place where the
19pharmacy is licensed or after such pharmacist's license has
20been suspended or revoked.
21    In the event the designated pharmacist in charge dies or
22otherwise ceases to function in that capacity, or when the
23license of the pharmacist in charge has been suspended or
24revoked, the owner of the pharmacy shall be required to notify
25the Department, on forms provided by the Department, of the



HB3462- 37 -LRB100 05725 SMS 15747 b

1identity of the new pharmacist in charge.
2    It is the duty of every pharmacist in charge who ceases to
3function in that capacity to report to the Department within 30
4days of the date on which he ceased such functions for such
5pharmacy. It is the duty of every owner of a pharmacy licensed
6under this Act to report to the Department within 30 days of
7the date on which the pharmacist in charge died or ceased to
8function in that capacity and to specify a new pharmacist in
9charge. Failure to provide such notification to the Department
10shall be grounds for disciplinary action.
11    No license shall be issued to any pharmacy unless such
12pharmacy has a pharmacist in charge and each such pharmacy
13license shall indicate on the face thereof the pharmacist in
15(Source: P.A. 95-689, eff. 10-29-07.)
16    (225 ILCS 85/16a)  (from Ch. 111, par. 4136a)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 16a. (a) The Department shall establish rules and
19regulations, consistent with the provisions of this Act,
20governing nonresident pharmacies, including pharmacies
21providing services via the Internet, which sell, or offer for
22sale, drugs, medicines, or other pharmaceutical services in
23this State.
24    (b) The Department shall require and provide for a an
25annual nonresident special pharmacy license registration for



HB3462- 38 -LRB100 05725 SMS 15747 b

1all pharmacies located outside of this State that dispense
2medications for Illinois residents and mail, ship, or deliver
3prescription medications into this State. A nonresident
4Nonresident special pharmacy license registration shall be
5granted by the Department upon the disclosure and certification
6by a pharmacy:
7        (1) that it is licensed in the state in which the
8    dispensing facility is located and from which the drugs are
9    dispensed;
10        (2) of the location, names, and titles of all principal
11    corporate officers of the business and all pharmacists who
12    are dispensing drugs to residents of this State;
13        (3) that it complies with all lawful directions and
14    requests for information from the board of pharmacy of each
15    state in which it is licensed or registered, except that it
16    shall respond directly to all communications from the Board
17    or Department concerning any circumstances arising from
18    the dispensing of drugs to residents of this State;
19        (4) that it maintains its records of drugs dispensed to
20    residents of this State so that the records are readily
21    retrievable from the records of other drugs dispensed;
22        (5) that it cooperates with the Board or Department in
23    providing information to the board of pharmacy of the state
24    in which it is licensed concerning matters related to the
25    dispensing of drugs to residents of this State; and
26        (6) that during its regular hours of operation, but not



HB3462- 39 -LRB100 05725 SMS 15747 b

1    less than 6 days per week, for a minimum of 40 hours per
2    week, a toll-free telephone service is provided to
3    facilitate communication between patients in this State
4    and a pharmacist at the nonresident pharmacy who has access
5    to the patients' records. The toll-free number must be
6    disclosed on the label affixed to each container of drugs
7    dispensed to residents of this State.
8(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
9    (225 ILCS 85/17)  (from Ch. 111, par. 4137)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 17. Disposition of legend drugs on cessation of
12pharmacy operations.
13    (a) The pharmacist in charge of a pharmacy which has its
14pharmacy license revoked or otherwise ceases operation shall
15notify the Department and forward to the Department a copy of
16the closing inventory of controlled substances and a statement
17indicating the intended manner of disposition of all legend
18drugs and prescription files within 30 days of such revocation
19or cessation of operation.
20    (b) The Department shall approve the intended manner of
21disposition of all legend drugs prior to disposition of such
22drugs by the pharmacist in charge.
23        (1) The Department shall notify the pharmacist in
24    charge of approval of the manner of disposition of all
25    legend drugs, or disapproval accompanied by reasons for



HB3462- 40 -LRB100 05725 SMS 15747 b

1    such disapproval, within 30 days of receipt of the
2    statement from the pharmacist in charge. In the event that
3    the manner of disposition is not approved, the pharmacist
4    in charge shall notify the Department of an alternative
5    manner of disposition within 30 days of the receipt of
6    disapproval.
7        (2) If disposition of all legend drugs does not occur
8    within 30 days after approval is received from the
9    Department, or if no alternative method of disposition is
10    submitted to the Department within 30 days of the
11    Department's disapproval, the Secretary Director shall
12    notify the pharmacist in charge by mail at the address of
13    the closing pharmacy, of the Department's intent to
14    confiscate all legend drugs. The Notice of Intent to
15    Confiscate shall be the final administrative decision of
16    the Department, as that term is defined in the
17    Administrative Review Law, and the confiscation of all
18    prescription drugs shall be effected.
19    (b-5) In the event that the pharmacist in charge has died
20or is otherwise physically incompetent to perform the duties of
21this Section, the owner of a pharmacy that has its license
22revoked or otherwise ceases operation shall be required to
23fulfill the duties otherwise imposed upon the pharmacist in
25    (c) The pharmacist in charge of a pharmacy which acquires
26prescription files from a pharmacy which ceases operation shall



HB3462- 41 -LRB100 05725 SMS 15747 b

1be responsible for the preservation of such acquired
2prescriptions for the remainder of the term that such
3prescriptions are required to be preserved by this Act.
4    (d) Failure to comply with this Section shall be grounds
5for denying an application or renewal application for a
6pharmacy license or for disciplinary action against a license
8    (e) Compliance with the provisions of the Illinois
9Controlled Substances Act concerning the disposition of
10controlled substances shall be deemed compliance with this
11Section with respect to legend drugs which are controlled
13(Source: P.A. 95-689, eff. 10-29-07.)
14    (225 ILCS 85/17.1)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 17.1. Registered pharmacy Pharmacy technician
18    (a) Beginning January 1, 2004, it shall be the joint
19responsibility of a pharmacy and its pharmacist in charge to
20have trained all of its registered pharmacy technicians or
21obtain proof of prior training in all of the following topics
22as they relate to the practice site:
23        (1) The duties and responsibilities of the technicians
24    and pharmacists.
25        (2) Tasks and technical skills, policies, and



HB3462- 42 -LRB100 05725 SMS 15747 b

1    procedures.
2        (3) Compounding, packaging, labeling, and storage.
3        (4) Pharmaceutical and medical terminology.
4        (5) Record keeping requirements.
5        (6) The ability to perform and apply arithmetic
6    calculations.
7    (b) Within 6 months after initial employment or changing
8the duties and responsibilities of a registered pharmacy
9technician, it shall be the joint responsibility of the
10pharmacy and the pharmacist in charge to train the registered
11pharmacy technician or obtain proof of prior training in the
12areas listed in subsection (a) of this Section as they relate
13to the practice site or to document that the pharmacy
14technician is making appropriate progress.
15    (c) All pharmacies shall maintain an up-to-date training
16program describing the duties and responsibilities of a
17registered pharmacy technician.
18    (d) All pharmacies shall create and maintain retrievable
19records of training or proof of training as required in this
21(Source: P.A. 95-689, eff. 10-29-07.)
22    (225 ILCS 85/18)  (from Ch. 111, par. 4138)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 18. Record retention. There Except as provided in
25subsection (b), there shall be kept in every drugstore or



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1pharmacy a suitable book, file, or electronic record keeping
2system in which shall be preserved for a period of not less
3than 5 years the original, or an exact, unalterable image, of
4every written prescription and the original transcript or copy
5of every verbal prescription filled, compounded, or dispensed,
6in such pharmacy; and such book, or file, or electronic record
7keeping system of prescriptions shall at all reasonable times
8be open to inspection to the chief pharmacy coordinator and the
9duly authorized agents or employees of the Department.
10    Every prescription filled or refilled shall contain the
11unique identifiers of the persons authorized to practice
12pharmacy under the provision of this Act who fills or refills
13the prescription.
14    Records kept pursuant to this Section may be maintained in
15an alternative data retention system, such as a direct digital
16imaging system, provided that:
17        (1) the records maintained in the alternative data
18    retention system contain all of the information required in
19    a manual record;
20        (2) the data processing system is capable of producing
21    a hard copy of the electronic record on the request of the
22    Board, its representative, or other authorized local,
23    State, or federal law enforcement or regulatory agency;
24        (3) the digital images are recorded and stored only by
25    means of a technology that does not allow subsequent
26    revision or replacement of the images; and



HB3462- 44 -LRB100 05725 SMS 15747 b

1        (4) the prescriptions may be retained in written form
2    or recorded in a data processing system, provided that such
3    order can be produced in printed form upon lawful request.
4    As used in this Section, "digital imaging system" means a
5system, including people, machines, methods of organization,
6and procedures, that provides input, storage, processing,
7communications, output, and control functions for digitized
8representations of original prescription records.
9    Inpatient drug orders may be maintained within an
10institution in a manner approved by the Department.
11(Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
12    (225 ILCS 85/19)  (from Ch. 111, par. 4139)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 19. Nothing contained in this Act shall be construed
15to prohibit a pharmacist licensed in this State from filling or
16refilling a valid prescription for prescription drugs which is
17on file in a pharmacy licensed in any state and has been
18transferred from one pharmacy to another by any means,
19including by way of electronic data processing equipment upon
20the following conditions and exceptions:
21    (1) Prior to dispensing pursuant to any such prescription,
22the dispensing pharmacist shall:
23        (a) Advise the patient that the prescription on file at
24    such other pharmacy must be canceled before he or she will
25    be able to fill or refill it.



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1        (b) Determine that the prescription is valid and on
2    file at such other pharmacy and that such prescription may
3    be filled or refilled, as requested, in accordance with the
4    prescriber's intent expressed on such prescription.
5        (c) Notify the pharmacy where the prescription is on
6    file that the prescription must be canceled.
7        (d) Record in writing or electronically the
8    prescription order, the name of the pharmacy at which the
9    prescription was on file, the prescription number, the name
10    of the drug and the original amount dispensed, the date of
11    original dispensing, and the number of remaining
12    authorized refills.
13        (e) Obtain the consent of the prescriber to the
14    refilling of the prescription when the prescription, in the
15    professional judgment of the dispensing pharmacist, so
16    requires.
17    (2) Upon receipt of a request for prescription information
18set forth in subparagraph (d) of paragraph (1) of this Section,
19if the requested pharmacist is satisfied in his professional
20judgment that such request is valid and legal, the requested
21pharmacist shall:
22        (a) Provide such information accurately and
23    completely.
24        (b) Record electronically or, if in writing, on the
25    face of the prescription, the name of the requesting
26    pharmacy and pharmacist and the date of request.



HB3462- 46 -LRB100 05725 SMS 15747 b

1        (c) Cancel the prescription on file by writing the word
2    "void" on its face or the electronic equivalent, if not in
3    written format. No further prescription information shall
4    be given or medication dispensed pursuant to such original
5    prescription.
6    (3) In the event that, after the information set forth in
7subparagraph (d) of paragraph (1) of this Section has been
8provided, a prescription is not dispensed by the requesting
9pharmacist, then such pharmacist shall provide notice of this
10fact to the pharmacy from which such information was obtained;
11such notice shall then cancel the prescription in the same
12manner as set forth in subparagraph (c) of paragraph (2) of
13this Section.
14    (4) When filling or refilling a valid prescription on file
15in another state, the dispensing pharmacist shall be required
16to follow all the requirements of Illinois law which apply to
17the dispensing of prescription drugs. If anything in Illinois
18law prevents the filling or refilling of the original
19prescription it shall be unlawful to dispense pursuant to this
21    (5) Prescriptions for drugs in Schedules III, IV, and V of
22the Illinois Controlled Substances Act may be transferred only
23once and may not be further transferred. However, pharmacies
24electronically sharing a real-time, online database may
25transfer up to the maximum refills permitted by the law and the
26prescriber's authorization.



HB3462- 47 -LRB100 05725 SMS 15747 b

1(Source: P.A. 95-689, eff. 10-29-07.)
2    (225 ILCS 85/20)  (from Ch. 111, par. 4140)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 20. Dispensing systems.
5    (a) Two or more pharmacies may establish and use a common
6electronic file to maintain required dispensing information.
7    (b) Pharmacies using such a common electronic file are not
8required to physically transfer prescriptions or information
9for dispensing purposes between or among pharmacies
10participating in the same common prescription file; provided,
11however any such common file must contain complete and adequate
12records of such prescription and refill dispensed as stated in
13Section 18.
14    (c) The Department and Board may formulate such rules and
15regulations, not inconsistent with law, as may be necessary to
16carry out the purposes of and to enforce the provisions of this
17Section within the following exception: The Department and
18Board shall not impose greater requirements on either common
19electronic files or a hard copy record system.
20    (d) Drugs shall in no event be dispensed more frequently or
21in larger amounts than the prescriber ordered without direct
22prescriber authorization by way of a new prescription order.
23    (e) The dispensing by a pharmacist licensed in this State
24or another state of a prescription contained in a common
25database shall not constitute a transfer, provided that (1) (i)



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1all pharmacies involved in the transactions pursuant to which
2the prescription is dispensed and all pharmacists engaging in
3dispensing functions are properly licensed, permitted, or
4registered in this State or another jurisdiction, (2) (ii) a
5policy and procedures manual that governs all participating
6pharmacies and pharmacists is available to the Department upon
7request and includes the procedure for maintaining appropriate
8records for regulatory oversight for tracking a prescription
9during each stage of the filling and dispensing process, and
10(3) (iii) the pharmacists involved in filling and dispensing
11the prescription and counseling the patient are identified. A
12pharmacist shall be accountable only for the specific tasks
14    (f) Nothing in this Section shall prohibit a pharmacist who
15is exercising his or her professional judgment from dispensing
16additional quantities of medication up to the total number of
17dosage units authorized by the prescriber on the original
18prescription and any refills.
19(Source: P.A. 95-689, eff. 10-29-07.)
20    (225 ILCS 85/22)  (from Ch. 111, par. 4142)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 22. Except only in the case of a drug, medicine or
23poison which is lawfully sold or dispensed, at retail, in the
24original and unbroken package of the manufacturer, packer, or
25distributor thereof, and which package bears the original label



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1thereon showing the name and address of the manufacturer,
2packer, or distributor thereof, and the name of the drug,
3medicine, or poison therein contained, and the directions for
4its use, no person shall sell or dispense, at retail, any drug,
5medicine, or poison, without affixing to the box, bottle,
6vessel, or package containing the same, a label bearing the
7name of the article distinctly shown, and the directions for
8its use, with the name and address of the pharmacy wherein the
9same is sold or dispensed. However, in the case of a drug,
10medicine, or poison which is sold or dispensed pursuant to a
11prescription of a physician licensed to practice medicine in
12all of its branches, a physician assistant in accordance with
13subsection (f) of Section 4 of this Act, an advanced practice
14registered nurse in accordance with subsection (g) of Section 4
15of this Act, a licensed dentist, a licensed veterinarian, a
16licensed podiatric physician, or a licensed therapeutically or
17diagnostically certified optometrist authorized by law to
18prescribe drugs or medicines or poisons, the label affixed to
19the box, bottle, vessel, or package containing the same shall
20show: (a) the name and address of the pharmacy wherein the same
21is sold or dispensed; (b) the name or initials of the person,
22authorized to practice pharmacy under the provisions of this
23Act, selling or dispensing the same, (c) the date on which such
24prescription was filled; (d) the name of the patient; (e) the
25serial number of such prescription as filed in the prescription
26files; (f) the last name of the practitioner who prescribed



HB3462- 50 -LRB100 05725 SMS 15747 b

1such prescriptions; (g) the directions for use thereof as
2contained in such prescription; and (h) the proprietary name or
3names or the established name or names of the drugs, the dosage
4and quantity, except as otherwise authorized by rule regulation
5of the Department.
6(Source: P.A. 98-214, eff. 8-9-13.)
7    (225 ILCS 85/22b)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 22b. Automated pharmacy systems; remote dispensing.
10    (a) Automated pharmacy systems must have adequate security
11and procedures to comply with federal and State laws and
12regulations and maintain patient confidentiality, as defined
13by rule.
14    (b) Access to and dispensing from an automated pharmacy
15system shall be limited to pharmacists or personnel who are
16designated in writing by the pharmacist-in-charge and have
17completed documented training concerning their duties
18associated with the automated pharmacy system.
19    (c) All drugs stored in relation to an automated pharmacy
20system must be stored in compliance with this Act and the rules
21adopted under this Act, including the requirements for
22temperature, proper storage containers, handling of outdated
23drugs, prescription dispensing, and delivery.
24    (d) An automated pharmacy system operated from a remote
25site shall be under the continuous supervision of a home



HB3462- 51 -LRB100 05725 SMS 15747 b

1pharmacy pharmacist. To qualify as continuous supervision, the
2pharmacist is not required to be physically present at the site
3of the automated pharmacy system if the system is supervised
4electronically by a pharmacist, as defined by rule.
5    (e) Drugs may only be dispensed at a remote site through an
6automated pharmacy system after receipt of an original
7prescription drug order by a pharmacist at the home pharmacy. A
8pharmacist at the home pharmacy must control all operations of
9the automated pharmacy system and approve the release of the
10initial dose of a prescription drug order. Refills from an
11approved prescription drug order may be removed from the
12automated medication system after this initial approval. Any
13change made in the prescription drug order shall require a new
14approval by a pharmacist to release the drug.
15    (f) If an automated pharmacy system uses removable
16cartridges or containers to store a drug, the stocking or
17restocking of the cartridges or containers may occur at a
18licensed wholesale drug distributor and be sent to the home
19pharmacy to be loaded after pharmacist verification by
20personnel designated by the pharmacist, provided that the
21individual cartridge or container is transported to the home
22pharmacy in a secure, tamper evident container. An automated
23pharmacy system must use a bar code verification or weight
24verification or electronic verification or similar process to
25ensure that the cartridge or container is accurately loaded
26into the automated pharmacy system. The pharmacist verifying



HB3462- 52 -LRB100 05725 SMS 15747 b

1the filling and labeling shall be responsible for ensuring that
2the cartridge or container is stocked or restocked correctly by
3personnel designated to load the cartridges or containers who
4are either registered pharmacy technicians or registered
5certified pharmacy technicians employed by the home pharmacy.
6An automated pharmacy system must use a bar code verification,
7electronic, or similar process, as defined by rule, to ensure
8that the proper medication is dispensed from the automated
9system. A record of each transaction with the automated
10pharmacy system must be maintained for 5 years. A prescription
11dispensed from an automated pharmacy system shall be deemed to
12have been approved by the pharmacist. No automated pharmacy
13system shall be operated prior to inspection and approval by
14the Department.
15(Source: P.A. 95-689, eff. 10-29-07.)
16    (225 ILCS 85/25.10)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 25.10. Remote prescription processing.
19    (a) In this Section, "remote prescription processing"
20means and includes the outsourcing of certain prescription
21functions to another pharmacy or licensed non-resident
22pharmacy, including the dispensing of drugs. "Remote
23prescription processing" includes any of the following
24activities related to the dispensing process:
25        (1) Receiving, interpreting, evaluating, or clarifying



HB3462- 53 -LRB100 05725 SMS 15747 b

1    prescriptions.
2        (2) Entering prescription and patient data into a data
3    processing system.
4        (3) Transferring prescription information.
5        (4) Performing a drug regimen review.
6        (5) Obtaining refill or substitution authorizations or
7    otherwise communicating with the prescriber concerning a
8    patient's prescription.
9        (6) Evaluating clinical data for prior authorization
10    for dispensing.
11        (7) Discussing therapeutic interventions with
12    prescribers.
13        (8) Providing drug information or counseling
14    concerning a patient's prescription to the patient or
15    patient's agent, as defined in this Act.
16    (b) A pharmacy may engage in remote prescription processing
17under the following conditions:
18        (1) The pharmacies shall either have the same owner or
19    have a written contract describing the scope of services to
20    be provided and the responsibilities and accountabilities
21    of each pharmacy in compliance with all federal and State
22    laws and regulations related to the practice of pharmacy.
23        (2) The pharmacies shall share a common electronic file
24    or have technology that allows sufficient information
25    necessary to process a non-dispensing function.
26        (3) The records may be maintained separately by each



HB3462- 54 -LRB100 05725 SMS 15747 b

1    pharmacy or in common electronic file shared by both
2    pharmacies, provided that the system can produce a record
3    at either location that shows showing each processing task,
4    the identity of the person performing each task, and the
5    location where each task was performed.
6    (c) Nothing in this Section shall prohibit an individual
7employee licensed as a pharmacist from accessing the employer
8pharmacy's database from a pharmacist's home or other remote
9location or home verification for the purpose of performing
10certain prescription processing functions, provided that the
11pharmacy establishes controls to protect the privacy and
12security of confidential records.
13(Source: P.A. 95-689, eff. 10-29-07.)
14    (225 ILCS 85/25.15)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 25.15. Telepharmacy.
17    (a) In this Section, "telepharmacy" means the provision of
18pharmacist care by a pharmacist that is accomplished through
19the use of telecommunications or other technologies to patients
20or their agents who are at a distance and are located within
21the United States, and which follows all federal and State
22laws, rules, and regulations with regard to privacy and
24    (b) Any pharmacy engaged in the practice of telepharmacy
25must meet all of the following conditions:



HB3462- 55 -LRB100 05725 SMS 15747 b

1        (1) All events involving the contents of an automated
2    pharmacy system must be stored in a secure location and may
3    be recorded electronically.
4        (2) An automated pharmacy or prescription dispensing
5    machine system may be used in conjunction with the
6    pharmacy's practice of telepharmacy after inspection and
7    approval by the Department.
8        (3) The pharmacist in charge shall:
9            (A) be responsible for the practice of
10        telepharmacy performed at a remote pharmacy, including
11        the supervision of any prescription dispensing machine
12        or automated medication system;
13            (B) ensure that the home pharmacy has sufficient
14        pharmacists on duty for the safe operation and
15        supervision of all remote pharmacies;
16            (C) ensure, through the use of a video and auditory
17        communication system, that a registered certified
18        pharmacy technician at the remote pharmacy has
19        accurately and correctly prepared any prescription for
20        dispensing according to the prescription;
21            (D) be responsible for the supervision and
22        training of registered certified pharmacy technicians
23        at remote pharmacies who shall be subject to all rules
24        and regulations; and
25            (E) ensure that patient counseling at the remote
26        pharmacy is performed by a pharmacist or student



HB3462- 56 -LRB100 05725 SMS 15747 b

1        pharmacist.
2(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
3    (225 ILCS 85/27)  (from Ch. 111, par. 4147)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 27. Fees.
6    (a) The Department shall, by rule, provide for a schedule
7of fees to be paid for licenses and certificates. These fees
8shall be for the administration and enforcement of this Act,
9including without limitation original licensure and renewal
10and restoration of licensure. All fees are nonrefundable.
11    (b) Applicants for any examination as a pharmacist shall be
12required to pay, either to the Department or to the designated
13testing service, a fee covering the cost of determining an
14applicant's eligibility and providing the examination. Failure
15to appear for the examination on the scheduled date, at the
16time and place specified, after the applicant's application for
17examination has been received and acknowledged by the
18Department or the designated testing service, shall result in
19the forfeiture of the examination fee.
20    (c) Applicants for the preliminary diagnostic examination
21shall be required to pay, either to the Department or to the
22designated testing service, a fee covering the cost of
23determining an applicant's eligibility and providing the
24examination. Failure to appear for the examination on the
25scheduled date, at the time and place specified, after the



HB3462- 57 -LRB100 05725 SMS 15747 b

1application for examination has been received and acknowledged
2by the Department or the designated testing service, shall
3result in the forfeiture of the examination fee.
4    (d) All fees, fines, or penalties received by the
5Department under this Act shall be deposited in the Illinois
6State Pharmacy Disciplinary Fund hereby created in the State
7Treasury and shall be used by the Department in the exercise of
8its powers and performance of its duties under this Act,
9including, but not limited to, the provision for evidence in
10pharmacy investigations.
11    Moneys in the Fund may be transferred to the Professions
12Indirect Cost Fund as authorized under Section 2105-300 of the
13Department of Professional Regulation Law (20 ILCS
15    The moneys deposited in the Illinois State Pharmacy
16Disciplinary Fund shall be invested to earn interest which
17shall accrue to the Fund.
18    (e) From the money received for license renewal fees, $5
19from each pharmacist fee, and $2.50 from each pharmacy
20technician fee, shall be set aside within the Illinois State
21Pharmacy Disciplinary Fund for the purpose of supporting a
22substance abuse program for pharmacists and pharmacy
24    (f) A pharmacy, manufacturer of controlled substances, or
25wholesale distributor of controlled substances that is
26licensed under this Act and owned and operated by the State is



HB3462- 58 -LRB100 05725 SMS 15747 b

1exempt from licensure, registration, renewal, and other fees
2required under this Act.
3    Pharmacists and pharmacy technicians working in facilities
4owned and operated by the State are not exempt from the payment
5of fees required by this Act and any rules adopted under this
7    Nothing in this subsection (f) shall be construed to
8prohibit the Department from imposing any fine or other penalty
9allowed under this Act.
10(Source: P.A. 95-689, eff. 10-29-07.)
11    (225 ILCS 85/28)  (from Ch. 111, par. 4148)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 28. Returned checks; fines. Any person who delivers a
14check or other payment to the Department that is returned to
15the Department unpaid by the financial institution upon which
16it is drawn shall pay to the Department, in addition to the
17amount already owed to the Department, a fine of $50. The fines
18imposed by this Section are in addition to any other discipline
19provided under this Act for unlicensed practice or practice on
20a nonrenewed license. The Department shall notify the person
21that payment of fees and fines shall be paid to the Department
22by certified check or money order within 30 calendar days of
23the notification. If, after the expiration of 30 days from the
24date of the notification, the person has failed to submit the
25necessary remittance, the Department shall automatically



HB3462- 59 -LRB100 05725 SMS 15747 b

1terminate the license or certificate or deny the application,
2without hearing. If, after termination or denial, the person
3seeks a license or certificate, he or she shall apply to the
4Department for restoration or issuance of the license or
5certificate and pay all fees and fines due to the Department.
6The Department may establish a fee for the processing of an
7application for restoration of a license or certificate to pay
8all expenses of processing this application. The Secretary
9Director may waive the fines due under this Section in
10individual cases where the Secretary Director finds that the
11fines would be unreasonable or unnecessarily burdensome.
12(Source: P.A. 92-146, eff. 1-1-02.)
13    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 30. Refusal, revocation, or suspension, or other
17    (a) The Department may refuse to issue or renew, or may
18revoke a license or registration, or may suspend, place on
19probation, fine, or take any disciplinary or non-disciplinary
20action as the Department may deem proper, including fines not
21to exceed $10,000 for each violation, with regard to any
22licensee or registrant for any one or combination of the
23following causes:
24        1. Material misstatement in furnishing information to
25    the Department.



HB3462- 60 -LRB100 05725 SMS 15747 b

1        2. Violations of this Act, or the rules promulgated
2    hereunder.
3        3. Making any misrepresentation for the purpose of
4    obtaining licenses.
5        4. A pattern of conduct which demonstrates
6    incompetence or unfitness to practice.
7        5. Aiding or assisting another person in violating any
8    provision of this Act or rules.
9        6. Failing, within 60 days, to respond to a written
10    request made by the Department for information.
11        7. Engaging in unprofessional, dishonorable, or
12    unethical conduct of a character likely to deceive, defraud
13    or harm the public.
14        8. Adverse action taken by another state or
15    jurisdiction against a license or other authorization to
16    practice as a pharmacy, pharmacist, registered certified
17    pharmacy technician, or registered pharmacy technician
18    that is the same or substantially equivalent to those set
19    forth in this Section, a certified copy of the record of
20    the action taken by the other state or jurisdiction being
21    prima facie evidence thereof. Discipline by another U.S.
22    jurisdiction or foreign nation, if at least one of the
23    grounds for the discipline is the same or substantially
24    equivalent to those set forth herein.
25        9. Directly or indirectly giving to or receiving from
26    any person, firm, corporation, partnership, or association



HB3462- 61 -LRB100 05725 SMS 15747 b

1    any fee, commission, rebate or other form of compensation
2    for any professional services not actually or personally
3    rendered. Nothing in this item 9 affects any bona fide
4    independent contractor or employment arrangements among
5    health care professionals, health facilities, health care
6    providers, or other entities, except as otherwise
7    prohibited by law. Any employment arrangements may include
8    provisions for compensation, health insurance, pension, or
9    other employment benefits for the provision of services
10    within the scope of the licensee's practice under this Act.
11    Nothing in this item 9 shall be construed to require an
12    employment arrangement to receive professional fees for
13    services rendered.
14        10. A finding by the Department that the licensee,
15    after having his license placed on probationary status has
16    violated the terms of probation.
17        11. Selling or engaging in the sale of drug samples
18    provided at no cost by drug manufacturers.
19        12. Physical illness, including but not limited to,
20    deterioration through the aging process, or loss of motor
21    skill which results in the inability to practice the
22    profession with reasonable judgment, skill or safety.
23        13. A finding that licensure or registration has been
24    applied for or obtained by fraudulent means.
25        14. Conviction by plea of guilty or nolo contendere,
26    finding of guilt, jury verdict, or entry of judgment or



HB3462- 62 -LRB100 05725 SMS 15747 b

1    sentencing, including, but not limited to, convictions,
2    preceding sentences of supervision, conditional discharge,
3    or first offender probation, under the laws of any
4    jurisdiction of the United States that is (i) a felony or
5    (ii) a misdemeanor, an essential element of which is
6    dishonesty, or that is directly related to the practice of
7    pharmacy. The applicant or licensee has been convicted in
8    state or federal court of or entered a plea of guilty, nolo
9    contendere, or the equivalent in a state or federal court
10    to any crime which is a felony or any misdemeanor related
11    to the practice of pharmacy or which an essential element
12    is dishonesty.
13        15. Habitual or excessive use or addiction to alcohol,
14    narcotics, stimulants or any other chemical agent or drug
15    which results in the inability to practice with reasonable
16    judgment, skill or safety.
17        16. Willfully making or filing false records or reports
18    in the practice of pharmacy, including, but not limited to
19    false records to support claims against the medical
20    assistance program of the Department of Healthcare and
21    Family Services (formerly Department of Public Aid) under
22    the Public Aid Code.
23        17. Gross and willful overcharging for professional
24    services including filing false statements for collection
25    of fees for which services are not rendered, including, but
26    not limited to, filing false statements for collection of



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1    monies for services not rendered from the medical
2    assistance program of the Department of Healthcare and
3    Family Services (formerly Department of Public Aid) under
4    the Public Aid Code.
5        18. Dispensing prescription drugs without receiving a
6    written or oral prescription in violation of law.
7        19. Upon a finding of a substantial discrepancy in a
8    Department audit of a prescription drug, including
9    controlled substances, as that term is defined in this Act
10    or in the Illinois Controlled Substances Act.
11        20. Physical or mental illness or any other impairment
12    or disability, including, without limitation: (A)
13    deterioration through the aging process or loss of motor
14    skills that results in the inability to practice with
15    reasonable judgment, skill or safety; , or (B) mental
16    incompetence, as declared by a court of competent
17    jurisdiction.
18        21. Violation of the Health Care Worker Self-Referral
19    Act.
20        22. Failing to sell or dispense any drug, medicine, or
21    poison in good faith. "Good faith", for the purposes of
22    this Section, has the meaning ascribed to it in subsection
23    (u) of Section 102 of the Illinois Controlled Substances
24    Act. "Good faith", as used in this item (22), shall not be
25    limited to the sale or dispensing of controlled substances,
26    but shall apply to all prescription drugs.



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1        23. Interfering with the professional judgment of a
2    pharmacist by any licensee registrant under this Act, or
3    the licensee's his or her agents or employees.
4        24. Failing to report within 60 days to the Department
5    any adverse final action taken against a pharmacy,
6    pharmacist, registered pharmacy pharmacist technician, or
7    registered certified pharmacy pharmacist technician by
8    another licensing jurisdiction in any other state or any
9    territory of the United States or any foreign jurisdiction,
10    any governmental agency, any law enforcement agency, or any
11    court for acts or conduct similar to acts or conduct that
12    would constitute grounds for discipline as defined in this
13    Section.
14        25. Failing to comply with a subpoena issued in
15    accordance with Section 35.5 of this Act.
16        26. Disclosing protected health information in
17    violation of any State or federal law.
18        27. Willfully failing to report an instance of
19    suspected abuse, neglect, financial exploitation, or
20    self-neglect of an eligible adult as defined in and
21    required by the Adult Protective Services Act.
22        28. Being named as an abuser in a verified report by
23    the Department on Aging under the Adult Protective Services
24    Act, and upon proof by clear and convincing evidence that
25    the licensee abused, neglected, or financially exploited
26    an eligible adult as defined in the Adult Protective



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1    Services Act.
2    (b) The Department may refuse to issue or may suspend the
3license or registration of any person who fails to file a
4return, or to pay the tax, penalty or interest shown in a filed
5return, or to pay any final assessment of tax, penalty or
6interest, as required by any tax Act administered by the
7Illinois Department of Revenue, until such time as the
8requirements of any such tax Act are satisfied.
9    (c) The Department shall revoke any the license or
10certificate of registration issued under the provisions of this
11Act or any prior Act of this State of any person who has been
12convicted a second time of committing any felony under the
13Illinois Controlled Substances Act, or who has been convicted a
14second time of committing a Class 1 felony under Sections 8A-3
15and 8A-6 of the Illinois Public Aid Code. A person whose
16license or certificate of registration issued under the
17provisions of this Act or any prior Act of this State is
18revoked under this subsection (c) shall be prohibited from
19engaging in the practice of pharmacy in this State.
20    (d) Fines may be imposed in conjunction with other forms of
21disciplinary action, but shall not be the exclusive disposition
22of any disciplinary action arising out of conduct resulting in
23death or injury to a patient. Fines shall be paid within 60
24days or as otherwise agreed to by the Department. Any funds
25collected from such fines shall be deposited in the Illinois
26State Pharmacy Disciplinary Fund.



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1    (e) The entry of an order or judgment by any circuit court
2establishing that any person holding a license or certificate
3under this Act is a person in need of mental treatment operates
4as a suspension of that license. A licensee may resume his or
5her practice only upon the entry of an order of the Department
6based upon a finding by the Board that he or she has been
7determined to be recovered from mental illness by the court and
8upon the Board's recommendation that the licensee be permitted
9to resume his or her practice.
10    (f) The Department shall issue quarterly to the Board a
11status of all complaints related to the profession received by
12the Department.
13    (g) In enforcing this Section, the Board or the Department,
14upon a showing of a possible violation, may compel any licensee
15or applicant for licensure under this Act to submit to a mental
16or physical examination or both, as required by and at the
17expense of the Department. The examining physician, or
18multidisciplinary team involved in providing physical and
19mental examinations led by a physician consisting of one or a
20combination of licensed physicians, licensed clinical
21psychologists, licensed clinical social workers, licensed
22clinical professional counselors, and other professional and
23administrative staff, shall be those specifically designated
24by the Department. The Board or the Department may order the
25examining physician or any member of the multidisciplinary team
26to present testimony concerning this mental or physical



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1examination of the licensee or applicant. No information,
2report, or other documents in any way related to the
3examination shall be excluded by reason of any common law or
4statutory privilege relating to communication between the
5licensee or applicant and the examining physician or any member
6of the multidisciplinary team. The individual to be examined
7may have, at his or her own expense, another physician of his
8or her choice present during all aspects of the examination.
9Failure of any individual to submit to a mental or physical
10examination when directed shall result in the automatic
11suspension be grounds for suspension of his or her license
12until such time as the individual submits to the examination if
13the Board finds, after notice and hearing, that the refusal to
14submit to the examination was without reasonable cause. If the
15Board or Department finds a pharmacist, registered certified
16pharmacy technician, or registered pharmacy technician unable
17to practice because of the reasons set forth in this Section,
18the Board or Department shall require such pharmacist,
19registered certified pharmacy technician, or registered
20pharmacy technician to submit to care, counseling, or treatment
21by physicians or other appropriate health care providers
22approved or designated by the Department Board as a condition
23for continued, reinstated, or renewed licensure to practice.
24Any pharmacist, registered certified pharmacy technician, or
25registered pharmacy technician whose license was granted,
26continued, reinstated, renewed, disciplined, or supervised,



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1subject to such terms, conditions, or restrictions, and who
2fails to comply with such terms, conditions, or restrictions or
3to complete a required program of care, counseling, or
4treatment, as determined by the chief pharmacy coordinator or a
5deputy pharmacy coordinator, shall be referred to the Secretary
6for a determination as to whether the licensee shall have his
7or her license suspended immediately, pending a hearing by the
8Board. In instances in which the Secretary immediately suspends
9a license under this subsection (g), a hearing upon such
10person's license must be convened by the Board within 15 days
11after such suspension and completed without appreciable delay.
12The Department and Board Board shall have the authority to
13review the subject pharmacist's, registered certified pharmacy
14technician's, or registered pharmacy technician's record of
15treatment and counseling regarding the impairment.
16    (h) An individual or organization acting in good faith, and
17not in a willful and wanton manner, in complying with this
18Section by providing a report or other information to the
19Board, by assisting in the investigation or preparation of a
20report or information, by participating in proceedings of the
21Board, or by serving as a member of the Board shall not, as a
22result of such actions, be subject to criminal prosecution or
23civil damages.
24    (i) Members of the Board shall be indemnified by the State
25for any actions occurring within the scope of services on the
26Board, done in good faith, and not willful and wanton in



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1nature. The Attorney General shall defend all such actions
2unless he or she determines either that there would be a
3conflict of interest in such representation or that the actions
4complained of were not in good faith or were willful and
6    If the Attorney General declines representation, the
7member shall have the right to employ counsel of his or her
8choice, whose fees shall be provided by the State, after
9approval by the Attorney General, unless there is a
10determination by a court that the member's actions were not in
11good faith or were willful and wanton.
12    The member must notify the Attorney General within 7 days
13of receipt of notice of the initiation of any action involving
14services of the Board. Failure to so notify the Attorney
15General shall constitute an absolute waiver of the right to a
16defense and indemnification.
17    The Attorney General shall determine, within 7 days after
18receiving such notice, whether he or she will undertake to
19represent the member.
20(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07;
2196-673, eff. 1-1-10; 96-1482, eff. 11-29-10.)
22    (225 ILCS 85/30.5)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 30.5. Suspension of license or certificate for failure
25to pay restitution. The Department, without further process or



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1hearing, shall suspend the license issued under this Act or
2other authorization to practice of any person issued under this
3Act who has been certified by court order as not having paid
4restitution to a person under Section 8A-3.5 of the Illinois
5Public Aid Code or under Section 17-10.5 or 46-1 of the
6Criminal Code of 1961 or the Criminal Code of 2012. A person
7whose license or other authorization to practice is suspended
8under this Section is prohibited from practicing until the
9restitution is made in full.
10(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
11    (225 ILCS 85/32)  (from Ch. 111, par. 4152)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 32. The Department shall render no final
14administrative decision relative to any application for a
15license or certificate of registration under this Act if the
16applicant for such license or certificate of registration is
17the subject of a pending disciplinary proceeding under this Act
18or another Act administered by the Department. For purposes of
19this Section "applicant" means an individual or sole
20proprietor, or an individual who is an officer, director or
21owner of a 5 percent or more beneficial interest of the
23(Source: P.A. 85-796.)
24    (225 ILCS 85/33)  (from Ch. 111, par. 4153)



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1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 33. The Secretary Director of the Department may, upon
3receipt of a written communication from the Secretary of Human
4Services, the Director of Healthcare and Family Services
5(formerly Director of Public Aid), or the Director of Public
6Health that continuation of practice of a person licensed or
7registered under this Act constitutes an immediate danger to
8the public, immediately suspend the license or registration of
9such person without a hearing. In instances in which the
10Secretary Director immediately suspends a license or
11registration under this Act, a hearing upon such person's
12license must be convened by the Board within 15 days after such
13suspension and completed without appreciable delay, such
14hearing held to determine whether to recommend to the Secretary
15Director that the person's license be revoked, suspended,
16placed on probationary status or reinstated, or such person be
17subject to other disciplinary action. In such hearing, the
18written communication and any other evidence submitted
19therewith may be introduced as evidence against such person;
20provided however, the person, or his counsel, shall have the
21opportunity to discredit or impeach such evidence and submit
22evidence rebutting same.
23(Source: P.A. 95-331, eff. 8-21-07.)
24    (225 ILCS 85/34)  (from Ch. 111, par. 4154)
25    (Section scheduled to be repealed on January 1, 2018)



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1    Sec. 34. The determination by a circuit court that a
2licensee is subject to involuntary admission or judicial
3admission as provided in the "Mental Health and Developmental
4Disabilities Code", approved September 5, 1978, as now or
5hereafter amended operates as an automatic suspension. Such
6suspension will end only upon a finding by a court that the
7patient is no longer subject to involuntary admission or
8judicial admission and issues an order so finding and
9discharging the patient; and upon the recommendation of the
10Board to the Department Director that the licensee be allowed
11to resume his practice.
12(Source: P.A. 85-796.)
13    (225 ILCS 85/35.1)  (from Ch. 111, par. 4155.1)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 35.1. (a) If any person violates the provision of this
16Act, the Secretary Director may, in the name of the People of
17the State of Illinois, through the Attorney General of the
18State of Illinois, or the State's Attorney of any county in
19which the action is brought, petition, for an order enjoining
20such violation or for an order enforcing compliance with this
21Act. Upon the filing of a verified petition in such court, the
22court may issue a temporary restraining order, without notice
23or bond, and may preliminarily and permanently enjoin such
24violation, and if it is established that such person has
25violated or is violating the injunction, the Court may punish



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1the offender for contempt of court. Proceedings under this
2Section shall be in addition to, and not in lieu of, all other
3remedies and penalties provided by this Act.
4    (b) If any person shall practice as a pharmacist or hold
5himself out as a pharmacist or operate a pharmacy or drugstore,
6including a nonresident pharmacy under Section 16a, without
7being licensed under the provisions of this Act, then any
8licensed pharmacist, any interested party or any person injured
9thereby may, in addition to the Secretary Director, petition
10for relief as provided in subsection (a) of this Section.
11    Whoever knowingly practices or offers to practice in this
12State without being appropriately licensed or registered under
13this Act shall be guilty of a Class A misdemeanor and for each
14subsequent conviction, shall be guilty of a Class 4 felony.
15    (c) Whenever in the opinion of the Department any person
16not licensed in good standing under this Act violates any
17provision of this Act, the Department may issue a rule to show
18cause why an order to cease and desist should not be entered
19against him. The rule shall clearly set forth the grounds
20relied upon by the Department and shall provide a period of 7
21days from the date of the rule to file an answer to the
22satisfaction of the Department. Failure to answer to the
23satisfaction of the Department shall cause an order to cease
24and desist to be issued forthwith.
25(Source: P.A. 95-689, eff. 10-29-07.)



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1    (225 ILCS 85/35.2)  (from Ch. 111, par. 4155.2)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 35.2. The Department's pharmacy investigators may
4investigate the actions of any applicant or of any person or
5persons holding or claiming to hold a license or registration.
6The Department shall, before suspending, revoking, placing on
7probationary status, or taking any other disciplinary or
8non-disciplinary action as the Department may deem proper with
9regard to any license or certificate, at least 30 days prior to
10the date set for the hearing, notify the accused in writing of
11any charges made and the time and place for a hearing of the
12charges before the Board, direct him or her to file his or her
13written answer thereto to the Board under oath within 20 days
14after the service on him or her of such notice and inform him
15or her that if he or she fails to file such answer default will
16be taken against him or her and his or her license or
17certificate may be suspended, revoked, placed on probationary
18status, or have other disciplinary action, including limiting
19the scope, nature or extent of his or her practice, provided
20for herein. Such written notice may be served by personal
21delivery, email to the respondent's email address of record, or
22certified or registered mail to the respondent at his or her
23address of record. At the time and place fixed in the notice,
24the Board shall proceed to hear the charges and the parties or
25their counsel shall be accorded ample opportunity to present
26such statements, testimony, evidence and argument as may be



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1pertinent to the charges or to the defense thereto. Such
2hearing may be continued from time to time. In case the accused
3person, after receiving notice, fails to file an answer, his or
4her license or certificate may, in the discretion of the
5Secretary Director, having received first the recommendation
6of the Board, be suspended, revoked, placed on probationary
7status, or the Secretary Director may take whatever
8disciplinary action as he or she may deem proper as provided
9herein, including limiting the scope, nature, or extent of said
10person's practice, without a hearing, if the act or acts
11charged constitute sufficient grounds for such action under
12this Act.
13(Source: P.A. 95-689, eff. 10-29-07.)
14    (225 ILCS 85/35.5)  (from Ch. 111, par. 4155.5)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 35.5. The Department shall have power to subpoena and
17bring before it any person in this State and to take testimony,
18either orally or by deposition or both, with the same fees and
19mileage and in the same manner as prescribed by law in judicial
20proceedings in civil cases in circuit courts of this State. The
21Department may subpoena and compel the production of documents,
22papers, files, books, and records in connection with any
23hearing or investigation.
24    The Secretary Director, and any member of the Board, shall
25each have power to administer oaths to witnesses at any hearing



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1which the Department is authorized to conduct under this Act,
2and any other oaths required or authorized to be administered
3by the Department hereunder.
4(Source: P.A. 95-689, eff. 10-29-07.)
5    (225 ILCS 85/35.6)  (from Ch. 111, par. 4155.6)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 35.6. At the conclusion of the hearing, the Board
8shall present to the Secretary Director a written report of its
9findings of fact, conclusions of law, and recommendations. The
10report shall contain a finding whether or not the accused
11person violated this Act or failed to comply with the
12conditions required in this Act. The Board shall specify the
13nature of the violation or failure to comply, and shall make
14its recommendations to the Secretary Director.
15    The report of findings of fact, conclusions of law, and
16recommendations of the Board shall be the basis for the
17Department's order or refusal or for the granting of a license
18or registration. The finding is not admissible in evidence
19against the person in a criminal prosecution brought for the
20violation of this Act, but the hearing and finding are not a
21bar to a criminal prosecution brought for the violation of this
23(Source: P.A. 85-796.)
24    (225 ILCS 85/35.7)  (from Ch. 111, par. 4155.7)



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1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 35.7. Notwithstanding the provisions of Section 35.6
3of this Act, the Secretary Director shall have the authority to
4appoint any attorney duly licensed to practice law in the State
5of Illinois to serve as the hearing officer in any action
6before the Board for refusal to issue, renew, or discipline of
7a license or certificate. The Director shall notify the Board
8of any such appointment. The hearing officer shall have full
9authority to conduct the hearing. There may shall be present at
10least one or more members member of the Board at any such
11hearing. The hearing officer shall report his findings of fact,
12conclusions of law and recommendations to the Board and the
13Secretary Director. The Board shall have 60 days from receipt
14of the report to review the report of the hearing officer and
15present their findings of fact, conclusions of law, and
16recommendations to the Secretary Director. If the Board fails
17to present its report within the 60-day 60 day period, the
18respondent may request in writing a direct appeal to the
19Secretary, in which case the Secretary may shall, within 7
20calendar days after the request, issue an order directing the
21Board to issue its findings of fact, conclusions of law, and
22recommendations to the Secretary within 30 calendar days after
23such order. If the Board fails to issue its findings of fact,
24conclusions of law, and recommendations within that time frame
25to the Secretary after the entry of such order, the Secretary
26shall, within 30 calendar days thereafter, issue an order based



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1upon the report of the hearing officer and the record of the
2proceedings or issue an order remanding the matter back to the
3hearing officer for additional proceedings in accordance with
4the order. If (i) a direct appeal is requested, (ii) the Board
5fails to issue its findings of fact, conclusions of law, and
6recommendations within the 30-day mandate from the Secretary or
7the Secretary fails to order the Board to do so, and (iii) the
8Secretary fails to issue an order within 30 calendar days
9thereafter, then the hearing officer's report is deemed
10accepted and a final decision of the Secretary. Notwithstanding
11any other provision of this Section, if the Secretary, upon
12review, determines that substantial justice has not been done
13in the revocation, suspension, or refusal to issue or renew a
14license or other disciplinary action taken as the result of the
15entry of the hearing officer's report, the Secretary may order
16a rehearing by the same or other examiners. If the Secretary
17disagrees with the recommendation of the Board or the hearing
18officer, the Secretary may issue an order in contravention of
19the recommendation.
20(Source: P.A. 95-689, eff. 10-29-07.)
21    (225 ILCS 85/35.8)  (from Ch. 111, par. 4155.8)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 35.8. In any case involving the refusal to issue,
24renew or discipline of a license or registration, a copy of the
25Board's report shall be served upon the respondent by the



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1Department, either personally or as provided in this Act for
2the service of the notice of hearing. Within 20 days after such
3service, the respondent may present to the Department a motion
4in writing for a rehearing, which motion shall specify the
5particular grounds therefor. If no motion for rehearing is
6filed, then upon the expiration of the time specified for
7filing such a motion, or if a motion for rehearing is denied,
8then upon such denial the Secretary Director may enter an order
9in accordance with recommendations of the Board except as
10provided in Section 35.6 or 35.7 of this Act. If the respondent
11shall order from the reporting service, and pay for a
12transcript of the record within the time for filing a motion
13for rehearing, the 20-day 20 day period within which such a
14motion may be filed shall commence upon the delivery of the
15transcript to the respondent.
16(Source: P.A. 85-796.)
17    (225 ILCS 85/35.12)  (from Ch. 111, par. 4155.12)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 35.12. Notwithstanding the provisions herein
20concerning the conduct of hearings and recommendations for
21disciplinary actions, the Secretary Director shall have the
22authority to negotiate agreements with licensees and
23registrants resulting in disciplinary consent orders provided
24a Board member is present and the discipline is recommended by
25a the Board member. Such consent orders may provide for any of



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1the forms of discipline otherwise provided herein or any other
2disciplinary or non-disciplinary action the parties agree to.
3Such consent orders shall provide that they were not entered
4into as a result of any coercion by the Department.
5(Source: P.A. 95-689, eff. 10-29-07.)
6    (225 ILCS 85/35.13)  (from Ch. 111, par. 4155.13)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 35.13. Order or certified copy; prima facie proof. An
9order or a certified copy thereof, over the seal of the
10Department and purporting to be signed by the Secretary
11Director, shall be prima facie proof that:
12        (a) the signature is the genuine signature of the
13    Secretary Director;
14        (b) the Secretary Director is duly appointed and
15    qualified; and
16        (c) the Board and the members thereof are qualified to
17    act.
18(Source: P.A. 91-357, eff. 7-29-99.)
19    (225 ILCS 85/35.14)  (from Ch. 111, par. 4155.14)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 35.14. At any time after the successful completion of
22a term of probation, suspension, or revocation of any license
23certificate, the Department may restore it to the accused
24person without examination, upon the written recommendation of



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1the Board. A license that has been suspended or revoked shall
2be considered nonrenewed for purposes of restoration and a
3person restoring his or her license from suspension or
4revocation must comply with the requirements for restoration of
5a nonrenewed license as set forth in Section 12 of this Act and
6any related rules adopted.
7(Source: P.A. 85-796.)
8    (225 ILCS 85/35.15)  (from Ch. 111, par. 4155.15)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 35.15. Upon the revocation or suspension of any
11license or registration, the holder shall forthwith surrender
12the license license(s) or registration(s) to the Department and
13if the licensee fails to do so, the Department shall have the
14right to seize the license license(s) or certificate(s).
15(Source: P.A. 85-796.)
16    (225 ILCS 85/35.16)  (from Ch. 111, par. 4155.16)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 35.16. The Secretary may temporarily suspend the
19license of a pharmacist, or pharmacy, registered or the
20registration of a pharmacy technician, or registered certified
21pharmacy technician, without a hearing, simultaneously with
22the institution of proceedings for a hearing provided for in
23Section 35.2 of this Act, if the Secretary finds that evidence
24in his possession indicates that a continuation in practice



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1would constitute an imminent danger to the public. In the event
2that the Secretary suspends, temporarily, this license or
3registration without a hearing, a hearing by the Department
4must be held within 15 days after such suspension has occurred,
5and be concluded without appreciable delay.
6(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
7    (225 ILCS 85/35.18)  (from Ch. 111, par. 4155.18)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 35.18. Certification of record. The Department shall
10not be required to certify any record to the court, or to file
11an any answer in court, or to otherwise appear in any court in
12a judicial review proceeding, unless and until the Department
13has received from the plaintiff there is filed in the court,
14with the complaint, a receipt from the Department acknowledging
15payment of the costs of furnishing and certifying the record,
16which costs shall be determined by the Department. Exhibits
17shall be certified without cost. Failure on the part of the
18plaintiff to file a receipt in court shall be grounds for
19dismissal of the action. During the pendency and hearing of any
20and all judicial proceedings incident to the disciplinary
21action the sanctions imposed upon the accused by the Department
22because of acts or omissions related to the delivery of direct
23patient care as specified in the Department's final
24administrative decision, shall, as a matter of public policy,
25remain in full force and effect in order to protect the public



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1pending final resolution of any of the proceedings.
2(Source: P.A. 87-1031.)
3    (225 ILCS 85/35.20 new)
4    Sec. 35.20. Confidentiality. All information collected by
5the Department in the course of an examination or investigation
6of a licensee or applicant, including, but not limited to, any
7complaint against a licensee filed with the Department and
8information collected to investigate any such complaint, shall
9be maintained for the confidential use of the Department and
10shall not be disclosed. The Department may not disclose the
11information to anyone other than law enforcement officials,
12other regulatory agencies that have an appropriate regulatory
13interest as determined by the Secretary, or to a party
14presenting a lawful subpoena to the Department. Information and
15documents disclosed to a federal, State, county, or local law
16enforcement agency shall not be disclosed by the agency for any
17purpose to any other agency or person. A formal complaint filed
18against a licensee by the Department or any order issued by the
19Department against a licensee or applicant shall be a public
20record, except as otherwise prohibited by law.
21    (225 ILCS 85/35.21 new)
22    Sec. 35.21. Citations.
23    (a) The Department shall adopt rules to permit the issuance
24of citations to any licensee for any violation of this Act or



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1the rules. The citation shall be issued to the licensee or
2other person alleged to have committed one or more violations
3and shall contain the licensee's or other person's name and
4address, the licensee's license number, if any, a brief factual
5statement, the Sections of this Act or the rules allegedly
6violated, and the penalty imposed, which shall not exceed
7$1,000. The citation must clearly state that if the cited
8person wishes to dispute the citation, he or she may request in
9writing, within 30 days after the citation is served, a hearing
10before the Department. If the cited person does not request a
11hearing within 30 days after the citation is served, then the
12citation shall become a final, non-disciplinary order and any
13fine imposed is due and payable. If the cited person requests a
14hearing within 30 days after the citation is served, the
15Department shall afford the cited person a hearing conducted in
16the same manner as a hearing provided in this Act for any
17violation of this Act and shall determine whether the cited
18person committed the violation as charged and whether the fine
19as levied is warranted. If the violation is found, any fine
20shall constitute discipline and be due and payable within 30
21days of the order of the Secretary. Failure to comply with any
22final order may subject the licensed person to further
23discipline or other action by the Department or a referral to
24the State's Attorney.
25    (b) A citation must be issued within 6 months after the
26reporting of a violation that is the basis for the citation.



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1    (c) Service of a citation shall be made in person,
2electronically, or by mail to the licensee at the licensee's
3address of record or email address of record.
4    (d) Nothing in this Section shall prohibit or limit the
5Department from taking further action pursuant to this Act and
6rules for additional, repeated, or continuing violations.
7    (225 ILCS 85/36)  (from Ch. 111, par. 4156)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 36. Illinois Administrative Procedure Act. The
10Illinois Administrative Procedure Act is hereby expressly
11adopted and incorporated herein as if all of the provisions of
12that Act were included in this Act, except that the provision
13of subsection (d) of Section 10-65 of the Illinois
14Administrative Procedure Act that provides that at hearings the
15licensee has the right to show compliance with all lawful
16requirements for retention, continuation or renewal of the
17license is specifically excluded. For the purpose of this Act,
18the notice required under Section 10-25 of the Illinois
19Administrative Procedure Act is deemed sufficient when
20personally served, mailed to the address of record of the
21applicant or licensee, or emailed to the email address of
22record of the applicant or licensee last known address of a
24(Source: P.A. 88-45.)
25    Section 99. Effective date. This Act takes effect upon



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1becoming law.



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2 Statutes amended in order of appearance
3    5 ILCS 80/4.28
4    5 ILCS 80/4.38 new
5    225 ILCS 85/3
6    225 ILCS 85/3.5 new
7    225 ILCS 85/5.5
8    225 ILCS 85/7from Ch. 111, par. 4127
9    225 ILCS 85/9from Ch. 111, par. 4129
10    225 ILCS 85/9.5
11    225 ILCS 85/10from Ch. 111, par. 4130
12    225 ILCS 85/11from Ch. 111, par. 4131
13    225 ILCS 85/12from Ch. 111, par. 4132
14    225 ILCS 85/13from Ch. 111, par. 4133
15    225 ILCS 85/15from Ch. 111, par. 4135
16    225 ILCS 85/16from Ch. 111, par. 4136
17    225 ILCS 85/16afrom Ch. 111, par. 4136a
18    225 ILCS 85/17from Ch. 111, par. 4137
19    225 ILCS 85/17.1
20    225 ILCS 85/18from Ch. 111, par. 4138
21    225 ILCS 85/19from Ch. 111, par. 4139
22    225 ILCS 85/20from Ch. 111, par. 4140
23    225 ILCS 85/22from Ch. 111, par. 4142
24    225 ILCS 85/22b
25    225 ILCS 85/25.10



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1    225 ILCS 85/25.15
2    225 ILCS 85/27from Ch. 111, par. 4147
3    225 ILCS 85/28from Ch. 111, par. 4148
4    225 ILCS 85/30from Ch. 111, par. 4150
5    225 ILCS 85/30.5
6    225 ILCS 85/32from Ch. 111, par. 4152
7    225 ILCS 85/33from Ch. 111, par. 4153
8    225 ILCS 85/34from Ch. 111, par. 4154
9    225 ILCS 85/35.1from Ch. 111, par. 4155.1
10    225 ILCS 85/35.2from Ch. 111, par. 4155.2
11    225 ILCS 85/35.5from Ch. 111, par. 4155.5
12    225 ILCS 85/35.6from Ch. 111, par. 4155.6
13    225 ILCS 85/35.7from Ch. 111, par. 4155.7
14    225 ILCS 85/35.8from Ch. 111, par. 4155.8
15    225 ILCS 85/35.12from Ch. 111, par. 4155.12
16    225 ILCS 85/35.13from Ch. 111, par. 4155.13
17    225 ILCS 85/35.14from Ch. 111, par. 4155.14
18    225 ILCS 85/35.15from Ch. 111, par. 4155.15
19    225 ILCS 85/35.16from Ch. 111, par. 4155.16
20    225 ILCS 85/35.18from Ch. 111, par. 4155.18
21    225 ILCS 85/35.20 new
22    225 ILCS 85/35.21 new
23    225 ILCS 85/36from Ch. 111, par. 4156