Rep. Michael J. Zalewski

Filed: 3/24/2017





10000HB3462ham001LRB100 05725 SMS 24268 a


2    AMENDMENT NO. ______. Amend House Bill 3462 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.28 and 4.29 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 Acts repealed on January 1, 2018.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8Acts are repealed on January 1, 2018: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.



10000HB3462ham001- 2 -LRB100 05725 SMS 24268 a

1    The Pharmacy Practice Act.
2    The Home Medical Equipment and Services Provider License
4    The Marriage and Family Therapy Licensing Act.
5    The Nursing Home Administrators Licensing and Disciplinary
7    The Physician Assistant Practice Act of 1987.
8(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
995-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
109-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
11eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
1296-328, eff. 8-11-09.)
13    (5 ILCS 80/4.29)
14    Sec. 4.29. Acts repealed on January 1, 2019 and December
1531, 2019.
16    (a) The following Acts are Act is repealed on January 1,
18        The Environmental Health Practitioner Licensing Act.
19        The Pharmacy Practice Act.
20    (b) The following Act is repealed on December 31, 2019:
21        The Structural Pest Control Act.
22(Source: P.A. 95-1020, eff. 12-29-08; 96-473, eff. 8-14-09.)
23    Section 10. The Pharmacy Practice Act is amended by
24changing Sections 3, 5.5, 7, 9, 9.5, 10, 11, 12, 13, 15, 16,



10000HB3462ham001- 3 -LRB100 05725 SMS 24268 a

116a, 17, 17.1, 18, 19, 20, 22, 22b, 25.10, 25.15, 27, 28, 30,
230.5, 32, 33, 34, 35.1, 35.2, 35.5, 35.6, 35.7, 35.8, 35.12,
335.13, 35.14, 35.15, 35.16, 35.18, and 36 and by adding
4Sections 3.5, 4.5, 35.20, and 35.21 as follows:
5    (225 ILCS 85/3)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 3. Definitions. For the purpose of this Act, except
8where otherwise limited therein:
9    (a) "Pharmacy" or "drugstore" means and includes every
10store, shop, pharmacy department, or other place where
11pharmacist care is provided by a pharmacist (1) where drugs,
12medicines, or poisons are dispensed, sold or offered for sale
13at retail, or displayed for sale at retail; or (2) where
14prescriptions of physicians, dentists, advanced practice
15nurses, physician assistants, veterinarians, podiatric
16physicians, or optometrists, within the limits of their
17licenses, are compounded, filled, or dispensed; or (3) which
18has upon it or displayed within it, or affixed to or used in
19connection with it, a sign bearing the word or words
20"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
21"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
22"Drugs", "Dispensary", "Medicines", or any word or words of
23similar or like import, either in the English language or any
24other language; or (4) where the characteristic prescription
25sign (Rx) or similar design is exhibited; or (5) any store, or



10000HB3462ham001- 4 -LRB100 05725 SMS 24268 a

1shop, or other place with respect to which any of the above
2words, objects, signs or designs are used in any advertisement.
3    (b) "Drugs" means and includes (1) articles recognized in
4the official United States Pharmacopoeia/National Formulary
5(USP/NF), or any supplement thereto and being intended for and
6having for their main use the diagnosis, cure, mitigation,
7treatment or prevention of disease in man or other animals, as
8approved by the United States Food and Drug Administration, but
9does not include devices or their components, parts, or
10accessories; and (2) all other articles intended for and having
11for their main use the diagnosis, cure, mitigation, treatment
12or prevention of disease in man or other animals, as approved
13by the United States Food and Drug Administration, but does not
14include devices or their components, parts, or accessories; and
15(3) articles (other than food) having for their main use and
16intended to affect the structure or any function of the body of
17man or other animals; and (4) articles having for their main
18use and intended for use as a component or any articles
19specified in clause (1), (2) or (3); but does not include
20devices or their components, parts or accessories.
21    (c) "Medicines" means and includes all drugs intended for
22human or veterinary use approved by the United States Food and
23Drug Administration.
24    (d) "Practice of pharmacy" means (1) the interpretation and
25the provision of assistance in the monitoring, evaluation, and
26implementation of prescription drug orders; (2) the dispensing



10000HB3462ham001- 5 -LRB100 05725 SMS 24268 a

1of prescription drug orders; (3) participation in drug and
2device selection; (4) drug administration limited to the
3administration of oral, topical, injectable, and inhalation as
4follows: in the context of patient education on the proper use
5or delivery of medications; vaccination of patients 14 years of
6age and older pursuant to a valid prescription or standing
7order, by a physician licensed to practice medicine in all its
8branches, upon completion of appropriate training, including
9how to address contraindications and adverse reactions set
10forth by rule, with notification to the patient's physician and
11appropriate record retention, or pursuant to hospital pharmacy
12and therapeutics committee policies and procedures; (5)
13vaccination of patients ages 10 through 13 limited to the
14Influenza (inactivated influenza vaccine and live attenuated
15influenza intranasal vaccine) and Tdap (defined as tetanus,
16diphtheria, acellular pertussis) vaccines, pursuant to a valid
17prescription or standing order, by a physician licensed to
18practice medicine in all its branches, upon completion of
19appropriate training, including how to address
20contraindications and adverse reactions set forth by rule, with
21notification to the patient's physician and appropriate record
22retention, or pursuant to hospital pharmacy and therapeutics
23committee policies and procedures; (6) drug regimen review; (7)
24drug or drug-related research; (8) the provision of patient
25counseling; (9) the practice of telepharmacy; (10) the
26provision of those acts or services necessary to provide



10000HB3462ham001- 6 -LRB100 05725 SMS 24268 a

1pharmacist care; (11) medication therapy management; and (12)
2the responsibility for compounding and labeling of drugs and
3devices (except labeling by a manufacturer, repackager, or
4distributor of non-prescription drugs and commercially
5packaged legend drugs and devices), proper and safe storage of
6drugs and devices, and maintenance of required records. A
7pharmacist who performs any of the acts defined as the practice
8of pharmacy in this State must be actively licensed as a
9pharmacist under this Act.
10    (e) "Prescription" means and includes any written, oral,
11facsimile, or electronically transmitted order for drugs or
12medical devices, issued by a physician licensed to practice
13medicine in all its branches, dentist, veterinarian, podiatric
14physician, or optometrist, within the limits of their licenses,
15by a physician assistant in accordance with subsection (f) of
16Section 4, or by an advanced practice nurse in accordance with
17subsection (g) of Section 4, containing the following: (1) name
18of the patient; (2) date when prescription was issued; (3) name
19and strength of drug or description of the medical device
20prescribed; and (4) quantity; (5) directions for use; (6)
21prescriber's name, address, and signature; and (7) DEA
22registration number where required, for controlled substances.
23The prescription may, but is not required to, list the illness,
24disease, or condition for which the drug or device is being
25prescribed. DEA registration numbers shall not be required on
26inpatient drug orders.



10000HB3462ham001- 7 -LRB100 05725 SMS 24268 a

1    (f) "Person" means and includes a natural person,
2partnership copartnership, association, corporation,
3government entity, or any other legal entity.
4    (g) "Department" means the Department of Financial and
5Professional Regulation.
6    (h) "Board of Pharmacy" or "Board" means the State Board of
7Pharmacy of the Department of Financial and Professional
9    (i) "Secretary" means the Secretary of Financial and
10Professional Regulation.
11    (j) "Drug product selection" means the interchange for a
12prescribed pharmaceutical product in accordance with Section
1325 of this Act and Section 3.14 of the Illinois Food, Drug and
14Cosmetic Act.
15    (k) "Inpatient drug order" means an order issued by an
16authorized prescriber for a resident or patient of a facility
17licensed under the Nursing Home Care Act, the ID/DD Community
18Care Act, the MC/DD Act, the Specialized Mental Health
19Rehabilitation Act of 2013, or the Hospital Licensing Act, or
20"An Act in relation to the founding and operation of the
21University of Illinois Hospital and the conduct of University
22of Illinois health care programs", approved July 3, 1931, as
23amended, or a facility which is operated by the Department of
24Human Services (as successor to the Department of Mental Health
25and Developmental Disabilities) or the Department of



10000HB3462ham001- 8 -LRB100 05725 SMS 24268 a

1    (k-5) "Pharmacist" means an individual health care
2professional and provider currently licensed by this State to
3engage in the practice of pharmacy.
4    (l) "Pharmacist in charge" means the licensed pharmacist
5whose name appears on a pharmacy license and who is responsible
6for all aspects of the operation related to the practice of
8    (m) "Dispense" or "dispensing" means the interpretation,
9evaluation, and implementation of a prescription drug order,
10including the preparation and delivery of a drug or device to a
11patient or patient's agent in a suitable container
12appropriately labeled for subsequent administration to or use
13by a patient in accordance with applicable State and federal
14laws and regulations. "Dispense" or "dispensing" does not mean
15the physical delivery to a patient or a patient's
16representative in a home or institution by a designee of a
17pharmacist or by common carrier. "Dispense" or "dispensing"
18also does not mean the physical delivery of a drug or medical
19device to a patient or patient's representative by a
20pharmacist's designee within a pharmacy or drugstore while the
21pharmacist is on duty and the pharmacy is open.
22    (n) "Nonresident pharmacy" means a pharmacy that is located
23in a state, commonwealth, or territory of the United States,
24other than Illinois, that delivers, dispenses, or distributes,
25through the United States Postal Service, commercially
26acceptable parcel delivery service, or other common carrier, to



10000HB3462ham001- 9 -LRB100 05725 SMS 24268 a

1Illinois residents, any substance which requires a
3    (o) "Compounding" means the preparation and mixing of
4components, excluding flavorings, (1) as the result of a
5prescriber's prescription drug order or initiative based on the
6prescriber-patient-pharmacist relationship in the course of
7professional practice or (2) for the purpose of, or incident
8to, research, teaching, or chemical analysis and not for sale
9or dispensing. "Compounding" includes the preparation of drugs
10or devices in anticipation of receiving prescription drug
11orders based on routine, regularly observed dispensing
12patterns. Commercially available products may be compounded
13for dispensing to individual patients only if all of the
14following conditions are met: (i) the commercial product is not
15reasonably available from normal distribution channels in a
16timely manner to meet the patient's needs and (ii) the
17prescribing practitioner has requested that the drug be
19    (p) (Blank).
20    (q) (Blank).
21    (r) "Patient counseling" means the communication between a
22pharmacist or a student pharmacist under the supervision of a
23pharmacist and a patient or the patient's representative about
24the patient's medication or device for the purpose of
25optimizing proper use of prescription medications or devices.
26"Patient counseling" may include without limitation (1)



10000HB3462ham001- 10 -LRB100 05725 SMS 24268 a

1obtaining a medication history; (2) acquiring a patient's
2allergies and health conditions; (3) facilitation of the
3patient's understanding of the intended use of the medication;
4(4) proper directions for use; (5) significant potential
5adverse events; (6) potential food-drug interactions; and (7)
6the need to be compliant with the medication therapy. A
7pharmacy technician may only participate in the following
8aspects of patient counseling under the supervision of a
9pharmacist: (1) obtaining medication history; (2) providing
10the offer for counseling by a pharmacist or student pharmacist;
11and (3) acquiring a patient's allergies and health conditions.
12    (s) "Patient profiles" or "patient drug therapy record"
13means the obtaining, recording, and maintenance of patient
14prescription information, including prescriptions for
15controlled substances, and personal information.
16    (t) (Blank).
17    (u) "Medical device" or "device" means an instrument,
18apparatus, implement, machine, contrivance, implant, in vitro
19reagent, or other similar or related article, including any
20component part or accessory, required under federal law to bear
21the label "Caution: Federal law requires dispensing by or on
22the order of a physician". A seller of goods and services who,
23only for the purpose of retail sales, compounds, sells, rents,
24or leases medical devices shall not, by reasons thereof, be
25required to be a licensed pharmacy.
26    (v) "Unique identifier" means an electronic signature,



10000HB3462ham001- 11 -LRB100 05725 SMS 24268 a

1handwritten signature or initials, thumb print, or other
2acceptable biometric or electronic identification process as
3approved by the Department.
4    (w) "Current usual and customary retail price" means the
5price that a pharmacy charges to a non-third-party payor.
6    (x) "Automated pharmacy system" means a mechanical system
7located within the confines of the pharmacy or remote location
8that performs operations or activities, other than compounding
9or administration, relative to storage, packaging, dispensing,
10or distribution of medication, and which collects, controls,
11and maintains all transaction information.
12    (y) "Drug regimen review" means and includes the evaluation
13of prescription drug orders and patient records for (1) known
14allergies; (2) drug or potential therapy contraindications;
15(3) reasonable dose, duration of use, and route of
16administration, taking into consideration factors such as age,
17gender, and contraindications; (4) reasonable directions for
18use; (5) potential or actual adverse drug reactions; (6)
19drug-drug interactions; (7) drug-food interactions; (8)
20drug-disease contraindications; (9) therapeutic duplication;
21(10) patient laboratory values when authorized and available;
22(11) proper utilization (including over or under utilization)
23and optimum therapeutic outcomes; and (12) abuse and misuse.
24    (z) "Electronically transmitted Electronic transmission
25prescription" means a prescription that is created, recorded,
26or stored by electronic means; issued and validated with an



10000HB3462ham001- 12 -LRB100 05725 SMS 24268 a

1electronic signature; and transmitted by electronic means
2directly from the prescriber to a pharmacy. An electronic
3prescription is not an image of a physical prescription that is
4transferred by electronic means from computer to computer,
5facsimile to facsimile, or facsimile to computer any
6prescription order for which a facsimile or electronic image of
7the order is electronically transmitted from a licensed
8prescriber to a pharmacy. "Electronic transmission
9prescription" includes both data and image prescriptions.
10    (aa) "Medication therapy management services" means a
11distinct service or group of services offered by licensed
12pharmacists, physicians licensed to practice medicine in all
13its branches, advanced practice nurses authorized in a written
14agreement with a physician licensed to practice medicine in all
15its branches, or physician assistants authorized in guidelines
16by a supervising physician that optimize therapeutic outcomes
17for individual patients through improved medication use. In a
18retail or other non-hospital pharmacy, medication therapy
19management services shall consist of the evaluation of
20prescription drug orders and patient medication records to
21resolve conflicts with the following:
22        (1) known allergies;
23        (2) drug or potential therapy contraindications;
24        (3) reasonable dose, duration of use, and route of
25    administration, taking into consideration factors such as
26    age, gender, and contraindications;



10000HB3462ham001- 13 -LRB100 05725 SMS 24268 a

1        (4) reasonable directions for use;
2        (5) potential or actual adverse drug reactions;
3        (6) drug-drug interactions;
4        (7) drug-food interactions;
5        (8) drug-disease contraindications;
6        (9) identification of therapeutic duplication;
7        (10) patient laboratory values when authorized and
8    available;
9        (11) proper utilization (including over or under
10    utilization) and optimum therapeutic outcomes; and
11        (12) drug abuse and misuse.
12    "Medication therapy management services" includes the
14        (1) documenting the services delivered and
15    communicating the information provided to patients'
16    prescribers within an appropriate time frame, not to exceed
17    48 hours;
18        (2) providing patient counseling designed to enhance a
19    patient's understanding and the appropriate use of his or
20    her medications; and
21        (3) providing information, support services, and
22    resources designed to enhance a patient's adherence with
23    his or her prescribed therapeutic regimens.
24    "Medication therapy management services" may also include
25patient care functions authorized by a physician licensed to
26practice medicine in all its branches for his or her identified



10000HB3462ham001- 14 -LRB100 05725 SMS 24268 a

1patient or groups of patients under specified conditions or
2limitations in a standing order from the physician.
3    "Medication therapy management services" in a licensed
4hospital may also include the following:
5        (1) reviewing assessments of the patient's health
6    status; and
7        (2) following protocols of a hospital pharmacy and
8    therapeutics committee with respect to the fulfillment of
9    medication orders.
10    (bb) "Pharmacist care" means the provision by a pharmacist
11of medication therapy management services, with or without the
12dispensing of drugs or devices, intended to achieve outcomes
13that improve patient health, quality of life, and comfort and
14enhance patient safety.
15    (cc) "Protected health information" means individually
16identifiable health information that, except as otherwise
17provided, is:
18        (1) transmitted by electronic media;
19        (2) maintained in any medium set forth in the
20    definition of "electronic media" in the federal Health
21    Insurance Portability and Accountability Act; or
22        (3) transmitted or maintained in any other form or
23    medium.
24    "Protected health information" does not include
25individually identifiable health information found in:
26        (1) education records covered by the federal Family



10000HB3462ham001- 15 -LRB100 05725 SMS 24268 a

1    Educational Right and Privacy Act; or
2        (2) employment records held by a licensee in its role
3    as an employer.
4    (dd) "Standing order" means a specific order for a patient
5or group of patients issued by a physician licensed to practice
6medicine in all its branches in Illinois.
7    (ee) "Address of record" means the designated address
8recorded by the Department in the applicant's application file
9or licensee's license file maintained by the Department's
10licensure maintenance unit. address recorded by the Department
11in the applicant's or licensee's application file or license
12file, as maintained by the Department's licensure maintenance
14    (ff) "Home pharmacy" means the location of a pharmacy's
15primary operations.
16    (gg) "Email address of record" means the designated email
17address recorded by the Department in the applicant's
18application file or the licensee's license file, as maintained
19by the Department's licensure maintenance unit.
20(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
2198-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
22    (225 ILCS 85/3.5 new)
23    Sec. 3.5. Address of record; email address of record. All
24applicants and licensees shall:
25        (1) provide a valid address and email address to the



10000HB3462ham001- 16 -LRB100 05725 SMS 24268 a

1    Department, which shall serve as the address of record and
2    email address of record, respectively, at the time of
3    application for licensure or renewal of a license; and
4        (2) inform the Department of any change of address of
5    record or email address of record within 14 days after such
6    change either through the Department's website or by
7    contacting the Department's licensure maintenance unit.
8    (225 ILCS 85/4.5 new)
9    Sec. 4.5. The Collaborative Pharmaceutical Task Force. In
10order to protect the public and provide quality pharmaceutical
11care, the Collaborative Pharmaceutical Task Force is
12established. The Task Force shall discuss how to further
13advance the practice of pharmacy in a manner that recognizes
14the needs of the healthcare system, patients, pharmacies,
15pharmacists, and pharmacy technicians. As a part of its
16discussions, the Task Force shall consider, at a minimum, the
18        (1) the extent to which providing whistleblower
19    protections for pharmacists and pharmacy technicians
20    reporting violation of worker policies and requiring
21    pharmacies to have at least one pharmacy technician on duty
22    whenever the practice of pharmacy is conducted, to set a
23    prescription filling limit of not more than 10
24    prescriptions filled per hour, to mandate at least 10
25    pharmacy technician hours per 100 prescriptions filled, to



10000HB3462ham001- 17 -LRB100 05725 SMS 24268 a

1    place a general prohibition on activities that distract
2    pharmacists, to provide a pharmacist a minimum of 2
3    15-minute paid rest breaks and one 30-minute meal period in
4    each workday on which the pharmacist works at least 7
5    hours, to not require a pharmacist to work during a break
6    period, to pay to the pharmacist 3 times the pharmacist's
7    regular hourly rate of pay for each workday during which
8    the required breaks were not provided, to make available at
9    all times a room on the pharmacy's premises with adequate
10    seating and tables for the purpose of allowing a pharmacist
11    to enjoy break periods in a clean and comfortable
12    environment, to keep a complete and accurate record of the
13    break periods of its pharmacists, to limit a pharmacist
14    from working more than 8 hours a workday, and to retain
15    records of any errors in the receiving, filling, or
16    dispensing of prescriptions of any kind could be integrated
17    into the Pharmacy Practice Act; and
18        (2) the extent to which requiring the Department to
19    adopt rules requiring pharmacy prescription systems
20    contain mechanisms to require prescription discontinuation
21    orders to be forwarded to a pharmacy, to require patient
22    verification features for pharmacy automated prescription
23    refills, and to require that automated prescription
24    refills notices clearly communicate to patients the
25    medication name, dosage strength, and any other
26    information required by the Department governing the use of



10000HB3462ham001- 18 -LRB100 05725 SMS 24268 a

1    automated dispensing and storage systems to ensure that
2    discontinued medications are not dispensed to a patient by
3    a pharmacist or by any automatic refill dispensing systems
4    whether prescribed through electronic prescriptions or
5    paper prescriptions may be integrated into the Pharmacy
6    Practice Act to better protect the public.
7    In developing standards related to its discussions, the
8Collaborative Pharmaceutical Task Force shall consider the
9extent to which Public Act 99-473 (enhancing continuing
10education requirements for pharmacy technicians) and Public
11Act 99-863 (enhancing reporting requirements to the Department
12of pharmacy employee terminations) may be relevant to the
13issues listed in paragraphs (1) and (2).
14    The Speaker of the House of Representatives, or his or her
15designee, shall appoint the following voting members of the
16Collaborative Pharmaceutical Task Force: a representative of a
17statewide organization representing pharmacists; a
18representative of a statewide organization exclusively
19representing retailers, including pharmacies; a representative
20of a statewide organization representing physicians licensed
21to practice medicine in all its branches in Illinois; a
22representative of a statewide organization representing
23unionized pharmacy employees; a representative of a statewide
24organization representing hospitals; a representative of a
25statewide professional association representing pharmacists,
26pharmacy technicians, pharmacy students, and others working in



10000HB3462ham001- 19 -LRB100 05725 SMS 24268 a

1or with an interest in hospital and health-system pharmacy; a
2representative of a statewide association exclusively
3representing long-term care pharmacists; and a retired
4licensed pharmacist who has previously served on the Board of
5Pharmacy and on the executive committee of a national
6association representing pharmacists and who shall serve as the
7chairperson of the Collaborative Pharmaceutical Task Force.
8    The Speaker of the House of Representatives, or his or her
9designee, shall appoint the following non-voting members of the
10Task Force: a representative of the University of Illinois at
11Chicago College of Pharmacy and a clinical pharmacist who has
12done extensive study in pharmacy e-prescribing and
13e-discontinuation. The Secretary, or his or her designee, shall
14appoint one non-voting member of the Task Force: a
15representative of the Department. The Department shall provide
16administrative support to the Collaborative Pharmaceutical
17Task Force. The Collaborative Pharmaceutical Task Force shall
18meet at least monthly at the call of the chairperson. The Task
19Force may close a portion of a meeting as provided in Section
202a of the Open Meetings Act and the closed portion of the
21meeting shall not be subject to disclosure under the Freedom of
22Information Act.
23    No later than September 1, 2018, the voting members of the
24Collaborative Pharmaceutical Task Force shall vote on
25recommendations concerning the standards in paragraphs (1) and
26(2) of this Section.



10000HB3462ham001- 20 -LRB100 05725 SMS 24268 a

1    No later than October 1, 2018, the Department, in direct
2consultation with the Collaborative Pharmaceutical Task Force,
3shall propose rules for adoption that are consistent with the
4Collaborative Pharmaceutical Task Force's recommendations, or
5recommend legislation to the General Assembly, concerning the
6standards in paragraphs (1) and (2) of this Section.
7    This Section is repealed on October 1, 2019.
8    (225 ILCS 85/5.5)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 5.5. Unlicensed practice; violation; civil penalty.
11    (a) Any person who practices, offers to practice, attempts
12to practice, or holds oneself out to practice pharmacy without
13being licensed under this Act shall, in addition to any other
14penalty provided by law, pay a civil penalty to the Department
15in an amount not to exceed $10,000 $5,000 for each offense as
16determined by the Department. The civil penalty shall be
17assessed by the Department after a hearing is held in
18accordance with the provisions set forth in this Act regarding
19the provision of a hearing for the discipline of a licensee.
20    (b) The Department has the authority and power to
21investigate any and all unlicensed activity.
22    (c) The civil penalty shall be paid within 60 days after
23the effective date of the order imposing the civil penalty. The
24order shall constitute a judgment and may be filed and
25execution had thereon in the same manner as any judgment from



10000HB3462ham001- 21 -LRB100 05725 SMS 24268 a

1any court of record.
2(Source: P.A. 89-474, eff. 6-18-96.)
3    (225 ILCS 85/7)  (from Ch. 111, par. 4127)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 7. Application; examination. Applications for
6original licenses shall be made to the Department in writing or
7electronically on forms prescribed by the Department and shall
8be accompanied by the required fee, which shall not be
9refundable. Any such application shall require such
10information as in the judgment of the Department will enable
11the Board and Department to pass on the qualifications of the
12applicant for a license.
13    The Department shall authorize examinations of applicants
14as pharmacists not less than 3 times per year at such times and
15places as it may determine. The examination of applicants shall
16be of a character to give a fair test of the qualifications of
17the applicant to practice pharmacy.
18    Applicants for examination as pharmacists shall be
19required to pay, either to the Department or the designated
20testing service, a fee covering the cost of providing the
21examination. Failure to appear for the examination on the
22scheduled date, at the time and place specified, after the
23applicant's application for examination has been received and
24acknowledged by the Department or the designated testing
25service, shall result in the forfeiture of the examination fee.



10000HB3462ham001- 22 -LRB100 05725 SMS 24268 a

1The examination shall be developed and provided by the National
2Association of Boards of Pharmacy.
3    If an applicant neglects, fails or refuses to take an
4examination or fails to pass an examination for a license under
5this Act within 3 years after filing his application, the
6application is denied. However, such applicant may thereafter
7make a new application accompanied by the required fee and show
8evidence of meeting the requirements in force at the time of
9the new application.
10    The Department shall notify applicants taking the
11examination of their results within 7 weeks of the examination
12date. Further, the Department shall have the authority to
13immediately authorize such applicants who successfully pass
14the examination to engage in the practice of pharmacy.
15    An applicant shall have one year from the date of
16notification of successful completion of the examination to
17apply to the Department for a license. If an applicant fails to
18make such application within one year the applicant shall be
19required to again take and pass the examination.
20    An applicant who has graduated with a professional degree
21from a school of pharmacy located outside of the United States
22must do the following:
23        (1) obtain a Foreign Pharmacy Graduate Examination
24    Committee (FPGEC) Certificate;
25        (2) complete 1,200 hours of clinical training and
26    experience, as defined by rule, in the United States or its



10000HB3462ham001- 23 -LRB100 05725 SMS 24268 a

1    territories; and
2        (3) successfully complete the licensing requirements
3    set forth in Section 6 of this Act, as well as those
4    adopted by the Department by rule.
5    The Department may employ consultants for the purpose of
6preparing and conducting examinations.
7(Source: P.A. 95-689, eff. 10-29-07.)
8    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 9. Licensure Registration as registered pharmacy
12    (a) Any person shall be entitled to licensure registration
13as a registered pharmacy technician who is of the age of 16 or
14over, has not engaged in conduct or behavior determined to be
15grounds for discipline under this Act, is attending or has
16graduated from an accredited high school or comparable school
17or educational institution or received a high school
18equivalency certificate, and has filed a written or electronic
19application for licensure registration on a form to be
20prescribed and furnished by the Department for that purpose.
21The Department shall issue a license certificate of
22registration as a registered pharmacy technician to any
23applicant who has qualified as aforesaid, and such license
24registration shall be the sole authority required to assist
25licensed pharmacists in the practice of pharmacy, under the



10000HB3462ham001- 24 -LRB100 05725 SMS 24268 a

1supervision of a licensed pharmacist. A registered pharmacy
2technician may, under the supervision of a pharmacist, assist
3in the practice of pharmacy and perform such functions as
4assisting in the dispensing process, offering counseling,
5receiving new verbal prescription orders, and having
6prescriber contact concerning prescription drug order
7clarification. A registered pharmacy technician may not engage
8in patient counseling, drug regimen review, or clinical
9conflict resolution.
10    (b) Beginning on January 1, 2017, within 2 years after
11initial licensure registration as a registered pharmacy
12technician, the licensee registrant must meet the requirements
13described in Section 9.5 of this Act and become licensed
14register as a registered certified pharmacy technician. If the
15licensee registrant has not yet attained the age of 18, then
16upon the next renewal as a registered pharmacy technician, the
17licensee registrant must meet the requirements described in
18Section 9.5 of this Act and become licensed register as a
19registered certified pharmacy technician. This requirement
20does not apply to pharmacy technicians registered prior to
21January 1, 2008.
22    (c) Any person registered as a pharmacy technician who is
23also enrolled in a first professional degree program in
24pharmacy in a school or college of pharmacy or a department of
25pharmacy of a university approved by the Department or has
26graduated from such a program within the last 18 months, shall



10000HB3462ham001- 25 -LRB100 05725 SMS 24268 a

1be considered a "student pharmacist" and entitled to use the
2title "student pharmacist". A student pharmacist must meet all
3of the requirements for licensure registration as a registered
4pharmacy technician set forth in this Section excluding the
5requirement of certification prior to the second license
6registration renewal and pay the required registered pharmacy
7technician license registration fees. A student pharmacist
8may, under the supervision of a pharmacist, assist in the
9practice of pharmacy and perform any and all functions
10delegated to him or her by the pharmacist.
11    (d) Any person seeking licensure as a pharmacist who has
12graduated from a pharmacy program outside the United States
13must register as a pharmacy technician and shall be considered
14a "student pharmacist" and be entitled to use the title
15"student pharmacist" while completing the 1,200 clinical hours
16of training approved by the Board of Pharmacy described and for
17no more than 18 months after completion of these hours. These
18individuals are not required to become registered certified
19pharmacy technicians while completing their Board approved
20clinical training, but must become licensed as a pharmacist or
21become licensed as a registered certified pharmacy technician
22before the second pharmacy technician license registration
23renewal following completion of the Board approved clinical
25    (e) The Department shall not renew the registered pharmacy
26technician license of any person who has been licensed



10000HB3462ham001- 26 -LRB100 05725 SMS 24268 a

1registered as a registered pharmacy technician with the
2designation "student pharmacist" who: (1) and has dropped out
3of or been expelled from an ACPE accredited college of
4pharmacy; (2) , who has failed to complete his or her 1,200
5hours of Board approved clinical training within 24 months; or
6(3) who has failed the pharmacist licensure examination 3
7times. The Department and shall require these individuals to
8meet the requirements of and become licensed registered as a
9registered certified pharmacy technician.
10    (f) The Department may take any action set forth in Section
1130 of this Act with regard to a license registrations pursuant
12to this Section.
13    (g) Any person who is enrolled in a non-traditional
14Pharm.D. program at an ACPE accredited college of pharmacy and
15is a licensed as a registered pharmacist under the laws of
16another United States jurisdiction shall be permitted to engage
17in the program of practice experience required in the academic
18program by virtue of such license. Such person shall be exempt
19from the requirement of licensure registration as a registered
20pharmacy technician or registered certified pharmacy
21technician while engaged in the program of practice experience
22required in the academic program.
23    An applicant for licensure registration as a registered
24pharmacy technician may assist a pharmacist in the practice of
25pharmacy for a period of up to 60 days prior to the issuance of
26a license certificate of registration if the applicant has



10000HB3462ham001- 27 -LRB100 05725 SMS 24268 a

1submitted the required fee and an application for licensure
2registration to the Department. The applicant shall keep a copy
3of the submitted application on the premises where the
4applicant is assisting in the practice of pharmacy. The
5Department shall forward confirmation of receipt of the
6application with start and expiration dates of practice pending
7licensure registration.
8(Source: P.A. 98-718, eff. 1-1-15; 99-473, eff. 1-1-17.)
9    (225 ILCS 85/9.5)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 9.5. Registered certified pharmacy technician.
12    (a) An individual licensed registered as a registered
13pharmacy technician under this Act may be licensed registered
14as a registered certified pharmacy technician, if he or she
15meets all of the following requirements:
16        (1) He or she has submitted a written application in
17    the form and manner prescribed by the Department.
18        (2) He or she has attained the age of 18.
19        (3) He or she is of good moral character, as determined
20    by the Department.
21        (4) He or she has (i) graduated from pharmacy
22    technician training meeting the requirements set forth in
23    subsection (a) of Section 17.1 of this Act or (ii) obtained
24    documentation from the pharmacist-in-charge of the
25    pharmacy where the applicant is employed verifying that he



10000HB3462ham001- 28 -LRB100 05725 SMS 24268 a

1    or she has successfully completed a training program and
2    has successfully completed an objective assessment
3    mechanism prepared in accordance with rules established by
4    the Department.
5        (5) He or she has successfully passed an examination
6    accredited by the National Commission for Certifying
7    Agencies, as approved and required by the Board or by rule.
8        (6) He or she has paid the required licensure
9    certification fees.
10    (b) No pharmacist whose license has been denied, revoked,
11suspended, or restricted for disciplinary purposes may be
12eligible to be registered as a certified pharmacy technician
13unless authorized by order of the Department as a condition of
14restoration from revocation, suspension, or restriction.
15    (c) The Department may, by rule, establish any additional
16requirements for licensure certification under this Section.
17    (d) A person who is not a licensed registered pharmacy
18technician and meets the requirements of this Section may be
19licensed register as a registered certified pharmacy
20technician without first being licensed registering as a
21registered pharmacy technician.
22    (e) As a condition for the renewal of a license certificate
23of registration as a registered certified pharmacy technician,
24the licensee registrant shall provide evidence to the
25Department of completion of a total of 20 hours of continuing
26pharmacy education during the 24 months preceding the



10000HB3462ham001- 29 -LRB100 05725 SMS 24268 a

1expiration date of the certificate as established by rule. One
2hour of continuing pharmacy education must be in the subject of
3pharmacy law. One hour of continuing pharmacy education must be
4in the subject of patient safety. The continuing education
5shall be approved by the Accreditation Council on Pharmacy
7    The Department may shall establish by rule a means for the
8verification of completion of the continuing education
9required by this subsection (e). This verification may be
10accomplished through audits of records maintained by licensees
11registrants, by requiring the filing of continuing education
12certificates with the Department or a qualified organization
13selected by the Department to maintain such records, or by
14other means established by the Department.
15    Rules developed under this subsection (e) may provide for a
16reasonable annual fee, not to exceed $20, to fund the cost of
17such recordkeeping. The Department may shall, by rule, further
18provide an orderly process for the restoration reinstatement of
19a license registration that has not been renewed due to the
20failure to meet the continuing pharmacy education requirements
21of this subsection (e). The Department may waive the
22requirements of continuing pharmacy education, in whole or in
23part, in cases of extreme hardship as defined by rule of the
24Department. The waivers may shall be granted for not more than
25one of any 3 consecutive renewal periods.
26(Source: P.A. 99-473, eff. 1-1-17.)



10000HB3462ham001- 30 -LRB100 05725 SMS 24268 a

1    (225 ILCS 85/10)  (from Ch. 111, par. 4130)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 10. State Board of Pharmacy.
4    (a) There is created in the Department the State Board of
5Pharmacy. It shall consist of 9 members, 7 of whom shall be
6licensed pharmacists. Each of those 7 members must be a
7licensed pharmacist in good standing in this State, a graduate
8of an accredited college of pharmacy or hold a Bachelor of
9Science degree in Pharmacy and have at least 5 years' practical
10experience in the practice of pharmacy subsequent to the date
11of his licensure as a licensed pharmacist in the State of
12Illinois. There shall be 2 public members, who shall be voting
13members, who shall not be engaged in any way, directly or
14indirectly, as providers of health care licensed pharmacists in
15this State or any other state.
16    (b) Each member shall be appointed by the Governor.
17    (c) Members shall be appointed to 5 year terms. The
18Governor shall fill any vacancy for the remainder of the
19unexpired term. Partial terms over 3 years in length shall be
20considered full terms. A member may be reappointed for a
21successive term, but no member shall serve more than 2 full
22terms in his or her lifetime.
23    (d) In making the appointment of members on the Board, the
24Governor shall give due consideration to recommendations by the
25members of the profession of pharmacy and by pharmacy



10000HB3462ham001- 31 -LRB100 05725 SMS 24268 a

1organizations therein. The Governor shall notify the pharmacy
2organizations promptly of any vacancy of members on the Board
3and in appointing members shall give consideration to
4individuals engaged in all types and settings of pharmacy
6    (e) The Governor may remove any member of the Board for
7misconduct, incapacity, or neglect of duty, and he or she shall
8be the sole judge of the sufficiency of the cause for removal.
9    (f) Each member of the Board shall be reimbursed for such
10actual and legitimate expenses as he or she may incur in going
11to and from the place of meeting and remaining there thereat
12during sessions of the Board. In addition, each member of the
13Board may receive a per diem payment in an amount determined
14from time to time by the Director for attendance at meetings of
15the Board and conducting other official business of the Board.
16    (g) The Board shall hold quarterly meetings at such times
17and places and upon notice as the Department may determine and
18as its business may require. A majority of the Board members
19currently appointed shall constitute a quorum. A vacancy in the
20membership of the Board shall not impair the right of a quorum
21to exercise all the rights and perform all the duties of the
23    (h) The Board shall exercise the rights, powers and duties
24which have been vested in the Board under this Act, and any
25other duties conferred upon the Board by law.
26(Source: P.A. 95-689, eff. 10-29-07.)



10000HB3462ham001- 32 -LRB100 05725 SMS 24268 a

1    (225 ILCS 85/11)  (from Ch. 111, par. 4131)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 11. Duties of the Department. The Department shall
4exercise the powers and duties prescribed by the Civil
5Administrative Code of Illinois for the administration of
6Licensing Acts and shall exercise such other powers and duties
7necessary for effectuating the purpose of this Act. The powers
8and duties of the Department also include However, the
9following powers and duties shall be exercised only upon review
10of the Board of Pharmacy to take such action:
11    (a) Formulation of Formulate such rules, not inconsistent
12with law and subject to the Illinois Administrative Procedure
13Act, as may be necessary to carry out the purposes and enforce
14the provisions of this Act. The Secretary Director may grant
15variances from any such rules as provided for in this Section. ;
16    (b) The suspension, revocation, placing on probationary
17status, reprimand, and refusing to issue or restore, or taking
18any other disciplinary or non-disciplinary action against any
19license or certificate of registration issued under the
20provisions of this Act for the reasons set forth in Section 30
21of this Act.
22    (c) The issuance, renewal, restoration, or reissuance of
23any license or certificate which has been previously refused to
24be issued or renewed, or has been revoked, suspended or placed
25on probationary status.



10000HB3462ham001- 33 -LRB100 05725 SMS 24268 a

1    (c-5) The granting of variances from rules promulgated
2pursuant to this Section in individual cases where there is a
3finding that:
4        (1) the provision from which the variance is granted is
5    not statutorily mandated;
6        (2) no party will be injured by the granting of the
7    variance; and
8        (3) the rule from which the variance is granted would,
9    in the particular case, be unreasonable or unnecessarily
10    burdensome.
11    The Secretary Director shall give consideration to the
12recommendations of notify the State Board of Pharmacy regarding
13of the granting of such variance and the reasons therefor, at
14the next meeting of the Board.
15    (d) The Secretary shall appoint a chief pharmacy
16coordinator who and at least 2 deputy pharmacy coordinators,
17all of whom shall be a licensed pharmacist registered
18pharmacists in good standing in this State, shall be a graduate
19graduates of an accredited college of pharmacy or hold, at a
20minimum, a bachelor of science degree in pharmacy, and shall
21have at least 5 years of experience in the practice of pharmacy
22immediately prior to his or her appointment. The chief pharmacy
23coordinator shall be the executive administrator and the chief
24enforcement officer of this Act. The deputy pharmacy
25coordinators shall report to the chief pharmacy coordinator.
26The Secretary shall assign at least one deputy pharmacy



10000HB3462ham001- 34 -LRB100 05725 SMS 24268 a

1coordinator to a region composed of Cook County and such other
2counties as the Secretary may deem appropriate, and such deputy
3pharmacy coordinator shall have his or her primary office in
4Chicago. The Secretary shall assign at least one deputy
5pharmacy coordinator to a region composed of the balance of
6counties in the State, and such deputy pharmacy coordinator
7shall have his or her primary office in Springfield.
8    (e) The Department Secretary shall, in conformity with the
9Personnel Code, employ such pharmacy investigators as deemed
10necessary not less than 4 pharmacy investigators who shall
11report to the chief pharmacy coordinator or a deputy pharmacy
12coordinator. Each pharmacy investigator shall be a licensed
13pharmacist unless employed as a pharmacy investigator on or
14before August 27, 2015 (the effective date of Public Act
1599-473) this amendatory Act of the 99th General Assembly. The
16Department shall also employ at least one attorney to prosecute
17violations of this Act and its rules. The Department may, in
18conformity with the Personnel Code, employ such clerical and
19other employees as are necessary to carry out the duties of the
20Board and Department.
21    The duly authorized pharmacy investigators of the
22Department shall have the right to enter and inspect, during
23business hours, any pharmacy or any other place in this State
24holding itself out to be a pharmacy where medicines, drugs or
25drug products, or proprietary medicines are sold, offered for
26sale, exposed for sale, or kept for sale.



10000HB3462ham001- 35 -LRB100 05725 SMS 24268 a

1(Source: P.A. 99-473, eff. 8-27-15.)
2    (225 ILCS 85/12)  (from Ch. 111, par. 4132)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 12. Expiration of license; renewal.
5    (a) The expiration date and renewal period for each license
6and certificate of registration issued under this Act shall be
7set by rule.
8    (b) As a condition for the renewal of a license certificate
9of registration as a pharmacist, the licensee registrant shall
10provide evidence to the Department of completion of a total of
1130 hours of pharmacy continuing education during the 24 months
12preceding the expiration date of the certificate. Such
13continuing education shall be approved by the Accreditation
14Council on Pharmacy Education.
15    (c) The Department may shall establish by rule a means for
16the verification of completion of the continuing education
17required by this Section. This verification may be accomplished
18through audits of records maintained by licensees registrants,
19by requiring the filing of continuing education certificates
20with the Department or a qualified organization selected by the
21Department to maintain such records or by other means
22established by the Department.
23    (d) Rules developed under this Section may provide for a
24reasonable biennial fee, not to exceed $20, to fund the cost of
25such recordkeeping. The Department may shall, by rule, further



10000HB3462ham001- 36 -LRB100 05725 SMS 24268 a

1provide an orderly process for the restoration reinstatement of
2licenses which have not been renewed due to the failure to meet
3the continuing education requirements of this Section. The
4requirements of continuing education may be waived, in whole or
5in part, in cases of extreme hardship as defined by rule of the
6Department. Such waivers shall be granted for not more than one
7of any 3 consecutive renewal periods.
8    (e) Any pharmacist who has permitted his license to expire
9or who has had his license on inactive status may have his
10license restored by making application to the Department and
11filing proof acceptable to the Department of his fitness to
12have his license restored, and by paying the required
13restoration fee. The Department shall determine, by an
14evaluation program established by rule his fitness for
15restoration of his license and shall establish procedures and
16requirements for such restoration. However, any pharmacist who
17demonstrates that he has continuously maintained active
18practice in another jurisdiction pursuant to a license in good
19standing, and who has substantially complied with the
20continuing education requirements of this Section shall not be
21subject to further evaluation for purposes of this Section.
22    (f) Any licensee who shall engage in the practice for which
23his or her license was issued while the license is expired or
24on inactive status shall be considered to be practicing without
25a license which, shall be grounds for discipline under Section
2630 of this Act.



10000HB3462ham001- 37 -LRB100 05725 SMS 24268 a

1    (g) Any pharmacy operating on an expired license is engaged
2in the unlawful practice of pharmacy and is subject to
3discipline under Section 30 of this Act. A pharmacy whose
4license has been expired for one year or more may not have its
5license restored but must apply for a new license and meet all
6requirements for licensure. Any pharmacy whose license has been
7expired for less than one year may apply for restoration of its
8license and shall have its license restored.
9    (h) However, any pharmacist whose license expired while he
10was (1) in Federal Service on active duty with the Armed Forces
11of the United States, or the State Militia called into service
12or training, or (2) in training or education under the
13supervision of the United States preliminary to induction into
14the military service, may have his license or certificate
15restored without paying any lapsed renewal fees, if within 2
16years after honorable termination of such service, training or
17education he furnishes the Department with satisfactory
18evidence to the effect that he has been so engaged and that his
19service, training or education has been so terminated.
20(Source: P.A. 95-689, eff. 10-29-07.)
21    (225 ILCS 85/13)  (from Ch. 111, par. 4133)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 13. Inactive status.
24    (a) Any pharmacist, registered certified pharmacy
25technician, or registered pharmacy technician who notifies the



10000HB3462ham001- 38 -LRB100 05725 SMS 24268 a

1Department, in writing or electronically on forms prescribed by
2the Department, may elect to place his or her license on an
3inactive status and shall be excused from payment of renewal
4fees and completion of continuing education requirements until
5he or she notifies the Department in writing of his or her
6intent to restore his license.
7    (b) Any pharmacist, registered certified pharmacy
8technician, or registered pharmacy pharmacist technician
9requesting restoration from inactive status shall be required
10to pay the current renewal fee and shall be required to restore
11his or her license or certificate, as provided by rule of the
13    (c) Any pharmacist, registered certified pharmacy
14technician, or registered pharmacy pharmacist technician whose
15license is in inactive status shall not practice in the State
16of Illinois.
17    (d) A pharmacy license may not be placed on inactive
19    (e) Continued practice on a license which has lapsed or
20been placed on inactive status shall be considered to be
21practicing without a license.
22(Source: P.A. 95-689, eff. 10-29-07.)
23    (225 ILCS 85/15)  (from Ch. 111, par. 4135)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 15. Pharmacy requirements.



10000HB3462ham001- 39 -LRB100 05725 SMS 24268 a

1    (1) It shall be unlawful for the owner of any pharmacy, as
2defined in this Act, to operate or conduct the same, or to
3allow the same to be operated or conducted, unless:
4        (a) It has a licensed pharmacist, authorized to
5    practice pharmacy in this State under the provisions of
6    this Act, on duty whenever the practice of pharmacy is
7    conducted;
8        (b) Security provisions for all drugs and devices, as
9    determined by rule of the Department, are provided during
10    the absence from the licensed pharmacy of all licensed
11    pharmacists. Maintenance of security provisions is the
12    responsibility of the licensed pharmacist in charge; and
13        (c) The pharmacy is licensed under this Act to conduct
14    the practice of pharmacy in any and all forms from the
15    physical address of the pharmacy's primary inventory where
16    U.S. mail is delivered. If a facility, company, or
17    organization operates multiple pharmacies from multiple
18    physical addresses, a separate pharmacy license is
19    required for each different physical address.
20    (2) The Department may allow a pharmacy that is not located
21at the same location as its home pharmacy and at which pharmacy
22services are provided during an emergency situation, as defined
23by rule, to be operated as an emergency remote pharmacy. An
24emergency remote pharmacy operating under this subsection (2)
25shall operate under the license of the home pharmacy.
26    (3) The Secretary may waive the requirement for a



10000HB3462ham001- 40 -LRB100 05725 SMS 24268 a

1pharmacist to be on duty at all times for State facilities not
2treating human ailments. This waiver of the requirement remains
3in effect until it is rescinded by the Secretary and the
4Department provides written notice of the rescission to the
5State facility.
6    (4) It shall be unlawful for any person, who is not a
7licensed pharmacy or health care facility, to purport to be
8such or to use in name, title, or sign designating, or in
9connection with that place of business, any of the words:
10"pharmacy", "pharmacist", "pharmacy department", "apothecary",
11"druggist", "drug", "drugs", "medicines", "medicine store",
12"drug sundries", "prescriptions filled", or any list of words
13indicating that drugs are compounded or sold to the lay public,
14or prescriptions are dispensed therein. Each day during which,
15or a part which, such representation is made or appears or such
16a sign is allowed to remain upon or in such a place of business
17shall constitute a separate offense under this Act.
18    (5) The holder of any license or certificate of
19registration shall conspicuously display it in the pharmacy in
20which he is engaged in the practice of pharmacy. The pharmacist
21in charge shall conspicuously display his name in such
22pharmacy. The pharmacy license shall also be conspicuously
24(Source: P.A. 95-689, eff. 10-29-07; 96-219, eff. 8-10-09;
2596-1000, eff. 7-2-10.)



10000HB3462ham001- 41 -LRB100 05725 SMS 24268 a

1    (225 ILCS 85/16)  (from Ch. 111, par. 4136)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 16. The Department shall require and provide for the
4licensure of every pharmacy doing business in this State. Such
5licensure shall expire 30 days after the pharmacist in charge
6dies or is no longer employed by or leaves the place where the
7pharmacy is licensed or after such pharmacist's license has
8been suspended or revoked.
9    In the event the designated pharmacist in charge dies or
10otherwise ceases to function in that capacity, or when the
11license of the pharmacist in charge has been suspended or
12revoked, the owner of the pharmacy shall be required to notify
13the Department, on forms provided by the Department, of the
14identity of the new pharmacist in charge.
15    It is the duty of every pharmacist in charge who ceases to
16function in that capacity to report to the Department within 30
17days of the date on which he ceased such functions for such
18pharmacy. It is the duty of every owner of a pharmacy licensed
19under this Act to report to the Department within 30 days of
20the date on which the pharmacist in charge died or ceased to
21function in that capacity and to specify a new pharmacist in
22charge. Failure to provide such notification to the Department
23shall be grounds for disciplinary action.
24    No license shall be issued to any pharmacy unless such
25pharmacy has a pharmacist in charge and each such pharmacy
26license shall indicate on the face thereof the pharmacist in



10000HB3462ham001- 42 -LRB100 05725 SMS 24268 a

2(Source: P.A. 95-689, eff. 10-29-07.)
3    (225 ILCS 85/16a)  (from Ch. 111, par. 4136a)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 16a. (a) The Department shall establish rules and
6regulations, consistent with the provisions of this Act,
7governing nonresident pharmacies, including pharmacies
8providing services via the Internet, which sell, or offer for
9sale, drugs, medicines, or other pharmaceutical services in
10this State.
11    (b) The Department shall require and provide for a an
12annual nonresident special pharmacy license registration for
13all pharmacies located outside of this State that dispense
14medications for Illinois residents and mail, ship, or deliver
15prescription medications into this State. A nonresident
16Nonresident special pharmacy license registration shall be
17granted by the Department upon the disclosure and certification
18by a pharmacy:
19        (1) that it is licensed in the state in which the
20    dispensing facility is located and from which the drugs are
21    dispensed;
22        (2) of the location, names, and titles of all principal
23    corporate officers of the business and all pharmacists who
24    are dispensing drugs to residents of this State;
25        (3) that it complies with all lawful directions and



10000HB3462ham001- 43 -LRB100 05725 SMS 24268 a

1    requests for information from the board of pharmacy of each
2    state in which it is licensed or registered, except that it
3    shall respond directly to all communications from the Board
4    or Department concerning any circumstances arising from
5    the dispensing of drugs to residents of this State;
6        (4) that it maintains its records of drugs dispensed to
7    residents of this State so that the records are readily
8    retrievable from the records of other drugs dispensed;
9        (5) that it cooperates with the Board or Department in
10    providing information to the board of pharmacy of the state
11    in which it is licensed concerning matters related to the
12    dispensing of drugs to residents of this State; and
13        (6) that during its regular hours of operation, but not
14    less than 6 days per week, for a minimum of 40 hours per
15    week, a toll-free telephone service is provided to
16    facilitate communication between patients in this State
17    and a pharmacist at the nonresident pharmacy who has access
18    to the patients' records. The toll-free number must be
19    disclosed on the label affixed to each container of drugs
20    dispensed to residents of this State.
21(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
22    (225 ILCS 85/17)  (from Ch. 111, par. 4137)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 17. Disposition of legend drugs on cessation of
25pharmacy operations.



10000HB3462ham001- 44 -LRB100 05725 SMS 24268 a

1    (a) The pharmacist in charge of a pharmacy which has its
2pharmacy license revoked or otherwise ceases operation shall
3notify the Department and forward to the Department a copy of
4the closing inventory of controlled substances and a statement
5indicating the intended manner of disposition of all legend
6drugs and prescription files within 30 days of such revocation
7or cessation of operation.
8    (b) The Department shall approve the intended manner of
9disposition of all legend drugs prior to disposition of such
10drugs by the pharmacist in charge.
11        (1) The Department shall notify the pharmacist in
12    charge of approval of the manner of disposition of all
13    legend drugs, or disapproval accompanied by reasons for
14    such disapproval, within 30 days of receipt of the
15    statement from the pharmacist in charge. In the event that
16    the manner of disposition is not approved, the pharmacist
17    in charge shall notify the Department of an alternative
18    manner of disposition within 30 days of the receipt of
19    disapproval.
20        (2) If disposition of all legend drugs does not occur
21    within 30 days after approval is received from the
22    Department, or if no alternative method of disposition is
23    submitted to the Department within 30 days of the
24    Department's disapproval, the Secretary Director shall
25    notify the pharmacist in charge by mail at the address of
26    the closing pharmacy, of the Department's intent to



10000HB3462ham001- 45 -LRB100 05725 SMS 24268 a

1    confiscate all legend drugs. The Notice of Intent to
2    Confiscate shall be the final administrative decision of
3    the Department, as that term is defined in the
4    Administrative Review Law, and the confiscation of all
5    prescription drugs shall be effected.
6    (b-5) In the event that the pharmacist in charge has died
7or is otherwise physically incompetent to perform the duties of
8this Section, the owner of a pharmacy that has its license
9revoked or otherwise ceases operation shall be required to
10fulfill the duties otherwise imposed upon the pharmacist in
12    (c) The pharmacist in charge of a pharmacy which acquires
13prescription files from a pharmacy which ceases operation shall
14be responsible for the preservation of such acquired
15prescriptions for the remainder of the term that such
16prescriptions are required to be preserved by this Act.
17    (d) Failure to comply with this Section shall be grounds
18for denying an application or renewal application for a
19pharmacy license or for disciplinary action against a license
21    (e) Compliance with the provisions of the Illinois
22Controlled Substances Act concerning the disposition of
23controlled substances shall be deemed compliance with this
24Section with respect to legend drugs which are controlled
26(Source: P.A. 95-689, eff. 10-29-07.)



10000HB3462ham001- 46 -LRB100 05725 SMS 24268 a

1    (225 ILCS 85/17.1)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 17.1. Registered pharmacy Pharmacy technician
5    (a) Beginning January 1, 2004, it shall be the joint
6responsibility of a pharmacy and its pharmacist in charge to
7have trained all of its registered pharmacy technicians or
8obtain proof of prior training in all of the following topics
9as they relate to the practice site:
10        (1) The duties and responsibilities of the technicians
11    and pharmacists.
12        (2) Tasks and technical skills, policies, and
13    procedures.
14        (3) Compounding, packaging, labeling, and storage.
15        (4) Pharmaceutical and medical terminology.
16        (5) Record keeping requirements.
17        (6) The ability to perform and apply arithmetic
18    calculations.
19    (b) Within 6 months after initial employment or changing
20the duties and responsibilities of a registered pharmacy
21technician, it shall be the joint responsibility of the
22pharmacy and the pharmacist in charge to train the registered
23pharmacy technician or obtain proof of prior training in the
24areas listed in subsection (a) of this Section as they relate
25to the practice site or to document that the pharmacy



10000HB3462ham001- 47 -LRB100 05725 SMS 24268 a

1technician is making appropriate progress.
2    (c) All pharmacies shall maintain an up-to-date training
3program describing the duties and responsibilities of a
4registered pharmacy technician.
5    (d) All pharmacies shall create and maintain retrievable
6records of training or proof of training as required in this
8(Source: P.A. 95-689, eff. 10-29-07.)
9    (225 ILCS 85/18)  (from Ch. 111, par. 4138)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 18. Record retention. There Except as provided in
12subsection (b), there shall be kept in every drugstore or
13pharmacy a suitable book, file, or electronic record keeping
14system in which shall be preserved for a period of not less
15than 5 years the original, or an exact, unalterable image, of
16every written prescription and the original transcript or copy
17of every verbal prescription filled, compounded, or dispensed,
18in such pharmacy; and such book, or file, or electronic record
19keeping system of prescriptions shall at all reasonable times
20be open to inspection to the chief pharmacy coordinator and the
21duly authorized agents or employees of the Department.
22    Every prescription filled or refilled shall contain the
23unique identifiers of the persons authorized to practice
24pharmacy under the provision of this Act who fills or refills
25the prescription.



10000HB3462ham001- 48 -LRB100 05725 SMS 24268 a

1    Records kept pursuant to this Section may be maintained in
2an alternative data retention system, such as a direct digital
3imaging system, provided that:
4        (1) the records maintained in the alternative data
5    retention system contain all of the information required in
6    a manual record;
7        (2) the data processing system is capable of producing
8    a hard copy of the electronic record on the request of the
9    Board, its representative, or other authorized local,
10    State, or federal law enforcement or regulatory agency;
11        (3) the digital images are recorded and stored only by
12    means of a technology that does not allow subsequent
13    revision or replacement of the images; and
14        (4) the prescriptions may be retained in written form
15    or recorded in a data processing system, provided that such
16    order can be produced in printed form upon lawful request.
17    As used in this Section, "digital imaging system" means a
18system, including people, machines, methods of organization,
19and procedures, that provides input, storage, processing,
20communications, output, and control functions for digitized
21representations of original prescription records.
22    Inpatient drug orders may be maintained within an
23institution in a manner approved by the Department.
24(Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
25    (225 ILCS 85/19)  (from Ch. 111, par. 4139)



10000HB3462ham001- 49 -LRB100 05725 SMS 24268 a

1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 19. Nothing contained in this Act shall be construed
3to prohibit a pharmacist licensed in this State from filling or
4refilling a valid prescription for prescription drugs which is
5on file in a pharmacy licensed in any state and has been
6transferred from one pharmacy to another by any means,
7including by way of electronic data processing equipment upon
8the following conditions and exceptions:
9    (1) Prior to dispensing pursuant to any such prescription,
10the dispensing pharmacist shall:
11        (a) Advise the patient that the prescription on file at
12    such other pharmacy must be canceled before he or she will
13    be able to fill or refill it.
14        (b) Determine that the prescription is valid and on
15    file at such other pharmacy and that such prescription may
16    be filled or refilled, as requested, in accordance with the
17    prescriber's intent expressed on such prescription.
18        (c) Notify the pharmacy where the prescription is on
19    file that the prescription must be canceled.
20        (d) Record in writing or electronically the
21    prescription order, the name of the pharmacy at which the
22    prescription was on file, the prescription number, the name
23    of the drug and the original amount dispensed, the date of
24    original dispensing, and the number of remaining
25    authorized refills.
26        (e) Obtain the consent of the prescriber to the



10000HB3462ham001- 50 -LRB100 05725 SMS 24268 a

1    refilling of the prescription when the prescription, in the
2    professional judgment of the dispensing pharmacist, so
3    requires.
4    (2) Upon receipt of a request for prescription information
5set forth in subparagraph (d) of paragraph (1) of this Section,
6if the requested pharmacist is satisfied in his professional
7judgment that such request is valid and legal, the requested
8pharmacist shall:
9        (a) Provide such information accurately and
10    completely.
11        (b) Record electronically or, if in writing, on the
12    face of the prescription, the name of the requesting
13    pharmacy and pharmacist and the date of request.
14        (c) Cancel the prescription on file by writing the word
15    "void" on its face or the electronic equivalent, if not in
16    written format. No further prescription information shall
17    be given or medication dispensed pursuant to such original
18    prescription.
19    (3) In the event that, after the information set forth in
20subparagraph (d) of paragraph (1) of this Section has been
21provided, a prescription is not dispensed by the requesting
22pharmacist, then such pharmacist shall provide notice of this
23fact to the pharmacy from which such information was obtained;
24such notice shall then cancel the prescription in the same
25manner as set forth in subparagraph (c) of paragraph (2) of
26this Section.



10000HB3462ham001- 51 -LRB100 05725 SMS 24268 a

1    (4) When filling or refilling a valid prescription on file
2in another state, the dispensing pharmacist shall be required
3to follow all the requirements of Illinois law which apply to
4the dispensing of prescription drugs. If anything in Illinois
5law prevents the filling or refilling of the original
6prescription it shall be unlawful to dispense pursuant to this
8    (5) Prescriptions for drugs in Schedules III, IV, and V of
9the Illinois Controlled Substances Act may be transferred only
10once and may not be further transferred. However, pharmacies
11electronically sharing a real-time, online database may
12transfer up to the maximum refills permitted by the law and the
13prescriber's authorization.
14(Source: P.A. 95-689, eff. 10-29-07.)
15    (225 ILCS 85/20)  (from Ch. 111, par. 4140)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 20. Dispensing systems.
18    (a) Two or more pharmacies may establish and use a common
19electronic file to maintain required dispensing information.
20    (b) Pharmacies using such a common electronic file are not
21required to physically transfer prescriptions or information
22for dispensing purposes between or among pharmacies
23participating in the same common prescription file; provided,
24however any such common file must contain complete and adequate
25records of such prescription and refill dispensed as stated in



10000HB3462ham001- 52 -LRB100 05725 SMS 24268 a

1Section 18.
2    (c) The Department and Board may formulate such rules and
3regulations, not inconsistent with law, as may be necessary to
4carry out the purposes of and to enforce the provisions of this
5Section within the following exception: The Department and
6Board shall not impose greater requirements on either common
7electronic files or a hard copy record system.
8    (d) Drugs shall in no event be dispensed more frequently or
9in larger amounts than the prescriber ordered without direct
10prescriber authorization by way of a new prescription order.
11    (e) The dispensing by a pharmacist licensed in this State
12or another state of a prescription contained in a common
13database shall not constitute a transfer, provided that (1) (i)
14all pharmacies involved in the transactions pursuant to which
15the prescription is dispensed and all pharmacists engaging in
16dispensing functions are properly licensed, permitted, or
17registered in this State or another jurisdiction, (2) (ii) a
18policy and procedures manual that governs all participating
19pharmacies and pharmacists is available to the Department upon
20request and includes the procedure for maintaining appropriate
21records for regulatory oversight for tracking a prescription
22during each stage of the filling and dispensing process, and
23(3) (iii) the pharmacists involved in filling and dispensing
24the prescription and counseling the patient are identified. A
25pharmacist shall be accountable only for the specific tasks



10000HB3462ham001- 53 -LRB100 05725 SMS 24268 a

1    (f) Nothing in this Section shall prohibit a pharmacist who
2is exercising his or her professional judgment from dispensing
3additional quantities of medication up to the total number of
4dosage units authorized by the prescriber on the original
5prescription and any refills.
6(Source: P.A. 95-689, eff. 10-29-07.)
7    (225 ILCS 85/22)  (from Ch. 111, par. 4142)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 22. Except only in the case of a drug, medicine or
10poison which is lawfully sold or dispensed, at retail, in the
11original and unbroken package of the manufacturer, packer, or
12distributor thereof, and which package bears the original label
13thereon showing the name and address of the manufacturer,
14packer, or distributor thereof, and the name of the drug,
15medicine, or poison therein contained, and the directions for
16its use, no person shall sell or dispense, at retail, any drug,
17medicine, or poison, without affixing to the box, bottle,
18vessel, or package containing the same, a label bearing the
19name of the article distinctly shown, and the directions for
20its use, with the name and address of the pharmacy wherein the
21same is sold or dispensed. However, in the case of a drug,
22medicine, or poison which is sold or dispensed pursuant to a
23prescription of a physician licensed to practice medicine in
24all of its branches, a physician assistant in accordance with
25subsection (f) of Section 4 of this Act, an advanced practice



10000HB3462ham001- 54 -LRB100 05725 SMS 24268 a

1registered nurse in accordance with subsection (g) of Section 4
2of this Act, a licensed dentist, a licensed veterinarian, a
3licensed podiatric physician, or a licensed therapeutically or
4diagnostically certified optometrist authorized by law to
5prescribe drugs or medicines or poisons, the label affixed to
6the box, bottle, vessel, or package containing the same shall
7show: (a) the name and address of the pharmacy wherein the same
8is sold or dispensed; (b) the name or initials of the person,
9authorized to practice pharmacy under the provisions of this
10Act, selling or dispensing the same, (c) the date on which such
11prescription was filled; (d) the name of the patient; (e) the
12serial number of such prescription as filed in the prescription
13files; (f) the last name of the practitioner who prescribed
14such prescriptions; (g) the directions for use thereof as
15contained in such prescription; and (h) the proprietary name or
16names or the established name or names of the drugs, the dosage
17and quantity, except as otherwise authorized by rule regulation
18of the Department.
19(Source: P.A. 98-214, eff. 8-9-13.)
20    (225 ILCS 85/22b)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 22b. Automated pharmacy systems; remote dispensing.
23    (a) Automated pharmacy systems must have adequate security
24and procedures to comply with federal and State laws and
25regulations and maintain patient confidentiality, as defined



10000HB3462ham001- 55 -LRB100 05725 SMS 24268 a

1by rule.
2    (b) Access to and dispensing from an automated pharmacy
3system shall be limited to pharmacists or personnel who are
4designated in writing by the pharmacist-in-charge and have
5completed documented training concerning their duties
6associated with the automated pharmacy system.
7    (c) All drugs stored in relation to an automated pharmacy
8system must be stored in compliance with this Act and the rules
9adopted under this Act, including the requirements for
10temperature, proper storage containers, handling of outdated
11drugs, prescription dispensing, and delivery.
12    (d) An automated pharmacy system operated from a remote
13site shall be under the continuous supervision of a home
14pharmacy pharmacist. To qualify as continuous supervision, the
15pharmacist is not required to be physically present at the site
16of the automated pharmacy system if the system is supervised
17electronically by a pharmacist, as defined by rule.
18    (e) Drugs may only be dispensed at a remote site through an
19automated pharmacy system after receipt of an original
20prescription drug order by a pharmacist at the home pharmacy. A
21pharmacist at the home pharmacy must control all operations of
22the automated pharmacy system and approve the release of the
23initial dose of a prescription drug order. Refills from an
24approved prescription drug order may be removed from the
25automated medication system after this initial approval. Any
26change made in the prescription drug order shall require a new



10000HB3462ham001- 56 -LRB100 05725 SMS 24268 a

1approval by a pharmacist to release the drug.
2    (f) If an automated pharmacy system uses removable
3cartridges or containers to store a drug, the stocking or
4restocking of the cartridges or containers may occur at a
5licensed wholesale drug distributor and be sent to the home
6pharmacy to be loaded after pharmacist verification by
7personnel designated by the pharmacist, provided that the
8individual cartridge or container is transported to the home
9pharmacy in a secure, tamper evident container. An automated
10pharmacy system must use a bar code verification or weight
11verification or electronic verification or similar process to
12ensure that the cartridge or container is accurately loaded
13into the automated pharmacy system. The pharmacist verifying
14the filling and labeling shall be responsible for ensuring that
15the cartridge or container is stocked or restocked correctly by
16personnel designated to load the cartridges or containers who
17are either registered pharmacy technicians or registered
18certified pharmacy technicians employed by the home pharmacy.
19An automated pharmacy system must use a bar code verification,
20electronic, or similar process, as defined by rule, to ensure
21that the proper medication is dispensed from the automated
22system. A record of each transaction with the automated
23pharmacy system must be maintained for 5 years. A prescription
24dispensed from an automated pharmacy system shall be deemed to
25have been approved by the pharmacist. No automated pharmacy
26system shall be operated prior to inspection and approval by



10000HB3462ham001- 57 -LRB100 05725 SMS 24268 a

1the Department.
2(Source: P.A. 95-689, eff. 10-29-07.)
3    (225 ILCS 85/25.10)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 25.10. Remote prescription processing.
6    (a) In this Section, "remote prescription processing"
7means and includes the outsourcing of certain prescription
8functions to another pharmacy or licensed non-resident
9pharmacy, including the dispensing of drugs. "Remote
10prescription processing" includes any of the following
11activities related to the dispensing process:
12        (1) Receiving, interpreting, evaluating, or clarifying
13    prescriptions.
14        (2) Entering prescription and patient data into a data
15    processing system.
16        (3) Transferring prescription information.
17        (4) Performing a drug regimen review.
18        (5) Obtaining refill or substitution authorizations or
19    otherwise communicating with the prescriber concerning a
20    patient's prescription.
21        (6) Evaluating clinical data for prior authorization
22    for dispensing.
23        (7) Discussing therapeutic interventions with
24    prescribers.
25        (8) Providing drug information or counseling



10000HB3462ham001- 58 -LRB100 05725 SMS 24268 a

1    concerning a patient's prescription to the patient or
2    patient's agent, as defined in this Act.
3    (b) A pharmacy may engage in remote prescription processing
4under the following conditions:
5        (1) The pharmacies shall either have the same owner or
6    have a written contract describing the scope of services to
7    be provided and the responsibilities and accountabilities
8    of each pharmacy in compliance with all federal and State
9    laws and regulations related to the practice of pharmacy.
10        (2) The pharmacies shall share a common electronic file
11    or have technology that allows sufficient information
12    necessary to process a non-dispensing function.
13        (3) The records may be maintained separately by each
14    pharmacy or in common electronic file shared by both
15    pharmacies, provided that the system can produce a record
16    at either location that shows showing each processing task,
17    the identity of the person performing each task, and the
18    location where each task was performed.
19    (c) Nothing in this Section shall prohibit an individual
20employee licensed as a pharmacist from accessing the employer
21pharmacy's database from a pharmacist's home or other remote
22location or home verification for the purpose of performing
23certain prescription processing functions, provided that the
24pharmacy establishes controls to protect the privacy and
25security of confidential records.
26(Source: P.A. 95-689, eff. 10-29-07.)



10000HB3462ham001- 59 -LRB100 05725 SMS 24268 a

1    (225 ILCS 85/25.15)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 25.15. Telepharmacy.
4    (a) In this Section, "telepharmacy" means the provision of
5pharmacist care by a pharmacist that is accomplished through
6the use of telecommunications or other technologies to patients
7or their agents who are at a distance and are located within
8the United States, and which follows all federal and State
9laws, rules, and regulations with regard to privacy and
11    (b) Any pharmacy engaged in the practice of telepharmacy
12must meet all of the following conditions:
13        (1) All events involving the contents of an automated
14    pharmacy system must be stored in a secure location and may
15    be recorded electronically.
16        (2) An automated pharmacy or prescription dispensing
17    machine system may be used in conjunction with the
18    pharmacy's practice of telepharmacy after inspection and
19    approval by the Department.
20        (3) The pharmacist in charge shall:
21            (A) be responsible for the practice of
22        telepharmacy performed at a remote pharmacy, including
23        the supervision of any prescription dispensing machine
24        or automated medication system;
25            (B) ensure that the home pharmacy has sufficient



10000HB3462ham001- 60 -LRB100 05725 SMS 24268 a

1        pharmacists on duty for the safe operation and
2        supervision of all remote pharmacies;
3            (C) ensure, through the use of a video and auditory
4        communication system, that a registered certified
5        pharmacy technician at the remote pharmacy has
6        accurately and correctly prepared any prescription for
7        dispensing according to the prescription;
8            (D) be responsible for the supervision and
9        training of registered certified pharmacy technicians
10        at remote pharmacies who shall be subject to all rules
11        and regulations; and
12            (E) ensure that patient counseling at the remote
13        pharmacy is performed by a pharmacist or student
14        pharmacist.
15(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
16    (225 ILCS 85/27)  (from Ch. 111, par. 4147)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 27. Fees.
19    (a) The Department shall, by rule, provide for a schedule
20of fees to be paid for licenses and certificates. These fees
21shall be for the administration and enforcement of this Act,
22including without limitation original licensure and renewal
23and restoration of licensure. All fees are nonrefundable.
24    (b) Applicants for any examination as a pharmacist shall be
25required to pay, either to the Department or to the designated



10000HB3462ham001- 61 -LRB100 05725 SMS 24268 a

1testing service, a fee covering the cost of determining an
2applicant's eligibility and providing the examination. Failure
3to appear for the examination on the scheduled date, at the
4time and place specified, after the applicant's application for
5examination has been received and acknowledged by the
6Department or the designated testing service, shall result in
7the forfeiture of the examination fee.
8    (c) Applicants for the preliminary diagnostic examination
9shall be required to pay, either to the Department or to the
10designated testing service, a fee covering the cost of
11determining an applicant's eligibility and providing the
12examination. Failure to appear for the examination on the
13scheduled date, at the time and place specified, after the
14application for examination has been received and acknowledged
15by the Department or the designated testing service, shall
16result in the forfeiture of the examination fee.
17    (d) All fees, fines, or penalties received by the
18Department under this Act shall be deposited in the Illinois
19State Pharmacy Disciplinary Fund hereby created in the State
20Treasury and shall be used by the Department in the exercise of
21its powers and performance of its duties under this Act,
22including, but not limited to, the provision for evidence in
23pharmacy investigations.
24    Moneys in the Fund may be transferred to the Professions
25Indirect Cost Fund as authorized under Section 2105-300 of the
26Department of Professional Regulation Law (20 ILCS



10000HB3462ham001- 62 -LRB100 05725 SMS 24268 a

2    The moneys deposited in the Illinois State Pharmacy
3Disciplinary Fund shall be invested to earn interest which
4shall accrue to the Fund.
5    (e) From the money received for license renewal fees, $5
6from each pharmacist fee, and $2.50 from each pharmacy
7technician fee, shall be set aside within the Illinois State
8Pharmacy Disciplinary Fund for the purpose of supporting a
9substance abuse program for pharmacists and pharmacy
11    (f) A pharmacy, manufacturer of controlled substances, or
12wholesale distributor of controlled substances that is
13licensed under this Act and owned and operated by the State is
14exempt from licensure, registration, renewal, and other fees
15required under this Act.
16    Pharmacists and pharmacy technicians working in facilities
17owned and operated by the State are not exempt from the payment
18of fees required by this Act and any rules adopted under this
20    Nothing in this subsection (f) shall be construed to
21prohibit the Department from imposing any fine or other penalty
22allowed under this Act.
23(Source: P.A. 95-689, eff. 10-29-07.)
24    (225 ILCS 85/28)  (from Ch. 111, par. 4148)
25    (Section scheduled to be repealed on January 1, 2018)



10000HB3462ham001- 63 -LRB100 05725 SMS 24268 a

1    Sec. 28. Returned checks; fines. Any person who delivers a
2check or other payment to the Department that is returned to
3the Department unpaid by the financial institution upon which
4it is drawn shall pay to the Department, in addition to the
5amount already owed to the Department, a fine of $50. The fines
6imposed by this Section are in addition to any other discipline
7provided under this Act for unlicensed practice or practice on
8a nonrenewed license. The Department shall notify the person
9that payment of fees and fines shall be paid to the Department
10by certified check or money order within 30 calendar days of
11the notification. If, after the expiration of 30 days from the
12date of the notification, the person has failed to submit the
13necessary remittance, the Department shall automatically
14terminate the license or certificate or deny the application,
15without hearing. If, after termination or denial, the person
16seeks a license or certificate, he or she shall apply to the
17Department for restoration or issuance of the license or
18certificate and pay all fees and fines due to the Department.
19The Department may establish a fee for the processing of an
20application for restoration of a license or certificate to pay
21all expenses of processing this application. The Secretary
22Director may waive the fines due under this Section in
23individual cases where the Secretary Director finds that the
24fines would be unreasonable or unnecessarily burdensome.
25(Source: P.A. 92-146, eff. 1-1-02.)



10000HB3462ham001- 64 -LRB100 05725 SMS 24268 a

1    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 30. Refusal, revocation, or suspension, or other
5    (a) The Department may refuse to issue or renew, or may
6revoke a license or registration, or may suspend, place on
7probation, fine, or take any disciplinary or non-disciplinary
8action as the Department may deem proper, including fines not
9to exceed $10,000 for each violation, with regard to any
10licensee or registrant for any one or combination of the
11following causes:
12        1. Material misstatement in furnishing information to
13    the Department.
14        2. Violations of this Act, or the rules promulgated
15    hereunder.
16        3. Making any misrepresentation for the purpose of
17    obtaining licenses.
18        4. A pattern of conduct which demonstrates
19    incompetence or unfitness to practice.
20        5. Aiding or assisting another person in violating any
21    provision of this Act or rules.
22        6. Failing, within 60 days, to respond to a written
23    request made by the Department for information.
24        7. Engaging in unprofessional, dishonorable, or
25    unethical conduct of a character likely to deceive, defraud
26    or harm the public.



10000HB3462ham001- 65 -LRB100 05725 SMS 24268 a

1        8. Adverse action taken by another state or
2    jurisdiction against a license or other authorization to
3    practice as a pharmacy, pharmacist, registered certified
4    pharmacy technician, or registered pharmacy technician
5    that is the same or substantially equivalent to those set
6    forth in this Section, a certified copy of the record of
7    the action taken by the other state or jurisdiction being
8    prima facie evidence thereof. Discipline by another U.S.
9    jurisdiction or foreign nation, if at least one of the
10    grounds for the discipline is the same or substantially
11    equivalent to those set forth herein.
12        9. Directly or indirectly giving to or receiving from
13    any person, firm, corporation, partnership, or association
14    any fee, commission, rebate or other form of compensation
15    for any professional services not actually or personally
16    rendered. Nothing in this item 9 affects any bona fide
17    independent contractor or employment arrangements among
18    health care professionals, health facilities, health care
19    providers, or other entities, except as otherwise
20    prohibited by law. Any employment arrangements may include
21    provisions for compensation, health insurance, pension, or
22    other employment benefits for the provision of services
23    within the scope of the licensee's practice under this Act.
24    Nothing in this item 9 shall be construed to require an
25    employment arrangement to receive professional fees for
26    services rendered.



10000HB3462ham001- 66 -LRB100 05725 SMS 24268 a

1        10. A finding by the Department that the licensee,
2    after having his license placed on probationary status has
3    violated the terms of probation.
4        11. Selling or engaging in the sale of drug samples
5    provided at no cost by drug manufacturers.
6        12. Physical illness, including but not limited to,
7    deterioration through the aging process, or loss of motor
8    skill which results in the inability to practice the
9    profession with reasonable judgment, skill or safety.
10        13. A finding that licensure or registration has been
11    applied for or obtained by fraudulent means.
12        14. Conviction by plea of guilty or nolo contendere,
13    finding of guilt, jury verdict, or entry of judgment or
14    sentencing, including, but not limited to, convictions,
15    preceding sentences of supervision, conditional discharge,
16    or first offender probation, under the laws of any
17    jurisdiction of the United States that is (i) a felony or
18    (ii) a misdemeanor, an essential element of which is
19    dishonesty, or that is directly related to the practice of
20    pharmacy. The applicant or licensee has been convicted in
21    state or federal court of or entered a plea of guilty, nolo
22    contendere, or the equivalent in a state or federal court
23    to any crime which is a felony or any misdemeanor related
24    to the practice of pharmacy or which an essential element
25    is dishonesty.
26        15. Habitual or excessive use or addiction to alcohol,



10000HB3462ham001- 67 -LRB100 05725 SMS 24268 a

1    narcotics, stimulants or any other chemical agent or drug
2    which results in the inability to practice with reasonable
3    judgment, skill or safety.
4        16. Willfully making or filing false records or reports
5    in the practice of pharmacy, including, but not limited to
6    false records to support claims against the medical
7    assistance program of the Department of Healthcare and
8    Family Services (formerly Department of Public Aid) under
9    the Public Aid Code.
10        17. Gross and willful overcharging for professional
11    services including filing false statements for collection
12    of fees for which services are not rendered, including, but
13    not limited to, filing false statements for collection of
14    monies for services not rendered from the medical
15    assistance program of the Department of Healthcare and
16    Family Services (formerly Department of Public Aid) under
17    the Public Aid Code.
18        18. Dispensing prescription drugs without receiving a
19    written or oral prescription in violation of law.
20        19. Upon a finding of a substantial discrepancy in a
21    Department audit of a prescription drug, including
22    controlled substances, as that term is defined in this Act
23    or in the Illinois Controlled Substances Act.
24        20. Physical or mental illness or any other impairment
25    or disability, including, without limitation: (A)
26    deterioration through the aging process or loss of motor



10000HB3462ham001- 68 -LRB100 05725 SMS 24268 a

1    skills that results in the inability to practice with
2    reasonable judgment, skill or safety; , or (B) mental
3    incompetence, as declared by a court of competent
4    jurisdiction.
5        21. Violation of the Health Care Worker Self-Referral
6    Act.
7        22. Failing to sell or dispense any drug, medicine, or
8    poison in good faith. "Good faith", for the purposes of
9    this Section, has the meaning ascribed to it in subsection
10    (u) of Section 102 of the Illinois Controlled Substances
11    Act. "Good faith", as used in this item (22), shall not be
12    limited to the sale or dispensing of controlled substances,
13    but shall apply to all prescription drugs.
14        23. Interfering with the professional judgment of a
15    pharmacist by any licensee registrant under this Act, or
16    the licensee's his or her agents or employees.
17        24. Failing to report within 60 days to the Department
18    any adverse final action taken against a pharmacy,
19    pharmacist, registered pharmacy pharmacist technician, or
20    registered certified pharmacy pharmacist technician by
21    another licensing jurisdiction in any other state or any
22    territory of the United States or any foreign jurisdiction,
23    any governmental agency, any law enforcement agency, or any
24    court for acts or conduct similar to acts or conduct that
25    would constitute grounds for discipline as defined in this
26    Section.



10000HB3462ham001- 69 -LRB100 05725 SMS 24268 a

1        25. Failing to comply with a subpoena issued in
2    accordance with Section 35.5 of this Act.
3        26. Disclosing protected health information in
4    violation of any State or federal law.
5        27. Willfully failing to report an instance of
6    suspected abuse, neglect, financial exploitation, or
7    self-neglect of an eligible adult as defined in and
8    required by the Adult Protective Services Act.
9        28. Being named as an abuser in a verified report by
10    the Department on Aging under the Adult Protective Services
11    Act, and upon proof by clear and convincing evidence that
12    the licensee abused, neglected, or financially exploited
13    an eligible adult as defined in the Adult Protective
14    Services Act.
15    (b) The Department may refuse to issue or may suspend the
16license or registration of any person who fails to file a
17return, or to pay the tax, penalty or interest shown in a filed
18return, or to pay any final assessment of tax, penalty or
19interest, as required by any tax Act administered by the
20Illinois Department of Revenue, until such time as the
21requirements of any such tax Act are satisfied.
22    (c) The Department shall revoke any the license or
23certificate of registration issued under the provisions of this
24Act or any prior Act of this State of any person who has been
25convicted a second time of committing any felony under the
26Illinois Controlled Substances Act, or who has been convicted a



10000HB3462ham001- 70 -LRB100 05725 SMS 24268 a

1second time of committing a Class 1 felony under Sections 8A-3
2and 8A-6 of the Illinois Public Aid Code. A person whose
3license or certificate of registration issued under the
4provisions of this Act or any prior Act of this State is
5revoked under this subsection (c) shall be prohibited from
6engaging in the practice of pharmacy in this State.
7    (d) Fines may be imposed in conjunction with other forms of
8disciplinary action, but shall not be the exclusive disposition
9of any disciplinary action arising out of conduct resulting in
10death or injury to a patient. Fines shall be paid within 60
11days or as otherwise agreed to by the Department. Any funds
12collected from such fines shall be deposited in the Illinois
13State Pharmacy Disciplinary Fund.
14    (e) The entry of an order or judgment by any circuit court
15establishing that any person holding a license or certificate
16under this Act is a person in need of mental treatment operates
17as a suspension of that license. A licensee may resume his or
18her practice only upon the entry of an order of the Department
19based upon a finding by the Board that he or she has been
20determined to be recovered from mental illness by the court and
21upon the Board's recommendation that the licensee be permitted
22to resume his or her practice.
23    (f) The Department shall issue quarterly to the Board a
24status of all complaints related to the profession received by
25the Department.
26    (g) In enforcing this Section, the Board or the Department,



10000HB3462ham001- 71 -LRB100 05725 SMS 24268 a

1upon a showing of a possible violation, may compel any licensee
2or applicant for licensure under this Act to submit to a mental
3or physical examination or both, as required by and at the
4expense of the Department. The examining physician, or
5multidisciplinary team involved in providing physical and
6mental examinations led by a physician consisting of one or a
7combination of licensed physicians, licensed clinical
8psychologists, licensed clinical social workers, licensed
9clinical professional counselors, and other professional and
10administrative staff, shall be those specifically designated
11by the Department. The Board or the Department may order the
12examining physician or any member of the multidisciplinary team
13to present testimony concerning this mental or physical
14examination of the licensee or applicant. No information,
15report, or other documents in any way related to the
16examination shall be excluded by reason of any common law or
17statutory privilege relating to communication between the
18licensee or applicant and the examining physician or any member
19of the multidisciplinary team. The individual to be examined
20may have, at his or her own expense, another physician of his
21or her choice present during all aspects of the examination.
22Failure of any individual to submit to a mental or physical
23examination when directed shall result in the automatic
24suspension be grounds for suspension of his or her license
25until such time as the individual submits to the examination if
26the Board finds, after notice and hearing, that the refusal to



10000HB3462ham001- 72 -LRB100 05725 SMS 24268 a

1submit to the examination was without reasonable cause. If the
2Board or Department finds a pharmacist, registered certified
3pharmacy technician, or registered pharmacy technician unable
4to practice because of the reasons set forth in this Section,
5the Board or Department shall require such pharmacist,
6registered certified pharmacy technician, or registered
7pharmacy technician to submit to care, counseling, or treatment
8by physicians or other appropriate health care providers
9approved or designated by the Department Board as a condition
10for continued, reinstated, or renewed licensure to practice.
11Any pharmacist, registered certified pharmacy technician, or
12registered pharmacy technician whose license was granted,
13continued, reinstated, renewed, disciplined, or supervised,
14subject to such terms, conditions, or restrictions, and who
15fails to comply with such terms, conditions, or restrictions or
16to complete a required program of care, counseling, or
17treatment, as determined by the chief pharmacy coordinator or a
18deputy pharmacy coordinator, shall be referred to the Secretary
19for a determination as to whether the licensee shall have his
20or her license suspended immediately, pending a hearing by the
21Board. In instances in which the Secretary immediately suspends
22a license under this subsection (g), a hearing upon such
23person's license must be convened by the Board within 15 days
24after such suspension and completed without appreciable delay.
25The Department and Board Board shall have the authority to
26review the subject pharmacist's, registered certified pharmacy



10000HB3462ham001- 73 -LRB100 05725 SMS 24268 a

1technician's, or registered pharmacy technician's record of
2treatment and counseling regarding the impairment.
3    (h) An individual or organization acting in good faith, and
4not in a willful and wanton manner, in complying with this
5Section by providing a report or other information to the
6Board, by assisting in the investigation or preparation of a
7report or information, by participating in proceedings of the
8Board, or by serving as a member of the Board shall not, as a
9result of such actions, be subject to criminal prosecution or
10civil damages.
11    (i) Members of the Board shall be indemnified by the State
12for any actions occurring within the scope of services on the
13Board, done in good faith, and not willful and wanton in
14nature. The Attorney General shall defend all such actions
15unless he or she determines either that there would be a
16conflict of interest in such representation or that the actions
17complained of were not in good faith or were willful and
19    If the Attorney General declines representation, the
20member shall have the right to employ counsel of his or her
21choice, whose fees shall be provided by the State, after
22approval by the Attorney General, unless there is a
23determination by a court that the member's actions were not in
24good faith or were willful and wanton.
25    The member must notify the Attorney General within 7 days
26of receipt of notice of the initiation of any action involving



10000HB3462ham001- 74 -LRB100 05725 SMS 24268 a

1services of the Board. Failure to so notify the Attorney
2General shall constitute an absolute waiver of the right to a
3defense and indemnification.
4    The Attorney General shall determine, within 7 days after
5receiving such notice, whether he or she will undertake to
6represent the member.
7(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07;
896-673, eff. 1-1-10; 96-1482, eff. 11-29-10.)
9    (225 ILCS 85/30.5)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 30.5. Suspension of license or certificate for failure
12to pay restitution. The Department, without further process or
13hearing, shall suspend the license issued under this Act or
14other authorization to practice of any person issued under this
15Act who has been certified by court order as not having paid
16restitution to a person under Section 8A-3.5 of the Illinois
17Public Aid Code or under Section 17-10.5 or 46-1 of the
18Criminal Code of 1961 or the Criminal Code of 2012. A person
19whose license or other authorization to practice is suspended
20under this Section is prohibited from practicing until the
21restitution is made in full.
22(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
23    (225 ILCS 85/32)  (from Ch. 111, par. 4152)
24    (Section scheduled to be repealed on January 1, 2018)



10000HB3462ham001- 75 -LRB100 05725 SMS 24268 a

1    Sec. 32. The Department shall render no final
2administrative decision relative to any application for a
3license or certificate of registration under this Act if the
4applicant for such license or certificate of registration is
5the subject of a pending disciplinary proceeding under this Act
6or another Act administered by the Department. For purposes of
7this Section "applicant" means an individual or sole
8proprietor, or an individual who is an officer, director or
9owner of a 5 percent or more beneficial interest of the
11(Source: P.A. 85-796.)
12    (225 ILCS 85/33)  (from Ch. 111, par. 4153)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 33. The Secretary Director of the Department may, upon
15receipt of a written communication from the Secretary of Human
16Services, the Director of Healthcare and Family Services
17(formerly Director of Public Aid), or the Director of Public
18Health that continuation of practice of a person licensed or
19registered under this Act constitutes an immediate danger to
20the public, immediately suspend the license or registration of
21such person without a hearing. In instances in which the
22Secretary Director immediately suspends a license or
23registration under this Act, a hearing upon such person's
24license must be convened by the Board within 15 days after such
25suspension and completed without appreciable delay, such



10000HB3462ham001- 76 -LRB100 05725 SMS 24268 a

1hearing held to determine whether to recommend to the Secretary
2Director that the person's license be revoked, suspended,
3placed on probationary status or reinstated, or such person be
4subject to other disciplinary action. In such hearing, the
5written communication and any other evidence submitted
6therewith may be introduced as evidence against such person;
7provided however, the person, or his counsel, shall have the
8opportunity to discredit or impeach such evidence and submit
9evidence rebutting same.
10(Source: P.A. 95-331, eff. 8-21-07.)
11    (225 ILCS 85/34)  (from Ch. 111, par. 4154)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 34. The determination by a circuit court that a
14licensee is subject to involuntary admission or judicial
15admission as provided in the "Mental Health and Developmental
16Disabilities Code", approved September 5, 1978, as now or
17hereafter amended operates as an automatic suspension. Such
18suspension will end only upon a finding by a court that the
19patient is no longer subject to involuntary admission or
20judicial admission and issues an order so finding and
21discharging the patient; and upon the recommendation of the
22Board to the Department Director that the licensee be allowed
23to resume his practice.
24(Source: P.A. 85-796.)



10000HB3462ham001- 77 -LRB100 05725 SMS 24268 a

1    (225 ILCS 85/35.1)  (from Ch. 111, par. 4155.1)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 35.1. (a) If any person violates the provision of this
4Act, the Secretary Director may, in the name of the People of
5the State of Illinois, through the Attorney General of the
6State of Illinois, or the State's Attorney of any county in
7which the action is brought, petition, for an order enjoining
8such violation or for an order enforcing compliance with this
9Act. Upon the filing of a verified petition in such court, the
10court may issue a temporary restraining order, without notice
11or bond, and may preliminarily and permanently enjoin such
12violation, and if it is established that such person has
13violated or is violating the injunction, the Court may punish
14the offender for contempt of court. Proceedings under this
15Section shall be in addition to, and not in lieu of, all other
16remedies and penalties provided by this Act.
17    (b) If any person shall practice as a pharmacist or hold
18himself out as a pharmacist or operate a pharmacy or drugstore,
19including a nonresident pharmacy under Section 16a, without
20being licensed under the provisions of this Act, then any
21licensed pharmacist, any interested party or any person injured
22thereby may, in addition to the Secretary Director, petition
23for relief as provided in subsection (a) of this Section.
24    Whoever knowingly practices or offers to practice in this
25State without being appropriately licensed or registered under
26this Act shall be guilty of a Class A misdemeanor and for each



10000HB3462ham001- 78 -LRB100 05725 SMS 24268 a

1subsequent conviction, shall be guilty of a Class 4 felony.
2    (c) Whenever in the opinion of the Department any person
3not licensed in good standing under this Act violates any
4provision of this Act, the Department may issue a rule to show
5cause why an order to cease and desist should not be entered
6against him. The rule shall clearly set forth the grounds
7relied upon by the Department and shall provide a period of 7
8days from the date of the rule to file an answer to the
9satisfaction of the Department. Failure to answer to the
10satisfaction of the Department shall cause an order to cease
11and desist to be issued forthwith.
12(Source: P.A. 95-689, eff. 10-29-07.)
13    (225 ILCS 85/35.2)  (from Ch. 111, par. 4155.2)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 35.2. The Department's pharmacy investigators may
16investigate the actions of any applicant or of any person or
17persons holding or claiming to hold a license or registration.
18The Department shall, before suspending, revoking, placing on
19probationary status, or taking any other disciplinary or
20non-disciplinary action as the Department may deem proper with
21regard to any license or certificate, at least 30 days prior to
22the date set for the hearing, notify the accused in writing of
23any charges made and the time and place for a hearing of the
24charges before the Board, direct him or her to file his or her
25written answer thereto to the Board under oath within 20 days



10000HB3462ham001- 79 -LRB100 05725 SMS 24268 a

1after the service on him or her of such notice and inform him
2or her that if he or she fails to file such answer default will
3be taken against him or her and his or her license or
4certificate may be suspended, revoked, placed on probationary
5status, or have other disciplinary action, including limiting
6the scope, nature or extent of his or her practice, provided
7for herein. Such written notice may be served by personal
8delivery, email to the respondent's email address of record, or
9certified or registered mail to the respondent at his or her
10address of record. At the time and place fixed in the notice,
11the Board shall proceed to hear the charges and the parties or
12their counsel shall be accorded ample opportunity to present
13such statements, testimony, evidence and argument as may be
14pertinent to the charges or to the defense thereto. Such
15hearing may be continued from time to time. In case the accused
16person, after receiving notice, fails to file an answer, his or
17her license or certificate may, in the discretion of the
18Secretary Director, having received first the recommendation
19of the Board, be suspended, revoked, placed on probationary
20status, or the Secretary Director may take whatever
21disciplinary action as he or she may deem proper as provided
22herein, including limiting the scope, nature, or extent of said
23person's practice, without a hearing, if the act or acts
24charged constitute sufficient grounds for such action under
25this Act.
26(Source: P.A. 95-689, eff. 10-29-07.)



10000HB3462ham001- 80 -LRB100 05725 SMS 24268 a

1    (225 ILCS 85/35.5)  (from Ch. 111, par. 4155.5)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 35.5. The Department shall have power to subpoena and
4bring before it any person in this State and to take testimony,
5either orally or by deposition or both, with the same fees and
6mileage and in the same manner as prescribed by law in judicial
7proceedings in civil cases in circuit courts of this State. The
8Department may subpoena and compel the production of documents,
9papers, files, books, and records in connection with any
10hearing or investigation.
11    The Secretary Director, and any member of the Board, shall
12each have power to administer oaths to witnesses at any hearing
13which the Department is authorized to conduct under this Act,
14and any other oaths required or authorized to be administered
15by the Department hereunder.
16(Source: P.A. 95-689, eff. 10-29-07.)
17    (225 ILCS 85/35.6)  (from Ch. 111, par. 4155.6)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 35.6. At the conclusion of the hearing, the Board
20shall present to the Secretary Director a written report of its
21findings of fact, conclusions of law, and recommendations. The
22report shall contain a finding whether or not the accused
23person violated this Act or failed to comply with the
24conditions required in this Act. The Board shall specify the



10000HB3462ham001- 81 -LRB100 05725 SMS 24268 a

1nature of the violation or failure to comply, and shall make
2its recommendations to the Secretary Director.
3    The report of findings of fact, conclusions of law, and
4recommendations of the Board shall be the basis for the
5Department's order or refusal or for the granting of a license
6or registration. The finding is not admissible in evidence
7against the person in a criminal prosecution brought for the
8violation of this Act, but the hearing and finding are not a
9bar to a criminal prosecution brought for the violation of this
11(Source: P.A. 85-796.)
12    (225 ILCS 85/35.7)  (from Ch. 111, par. 4155.7)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 35.7. Notwithstanding the provisions of Section 35.6
15of this Act, the Secretary Director shall have the authority to
16appoint any attorney duly licensed to practice law in the State
17of Illinois to serve as the hearing officer in any action
18before the Board for refusal to issue, renew, or discipline of
19a license or certificate. The Director shall notify the Board
20of any such appointment. The hearing officer shall have full
21authority to conduct the hearing. There may shall be present at
22least one or more members member of the Board at any such
23hearing. The hearing officer shall report his findings of fact,
24conclusions of law and recommendations to the Board and the
25Secretary Director. The Board shall have 60 days from receipt



10000HB3462ham001- 82 -LRB100 05725 SMS 24268 a

1of the report to review the report of the hearing officer and
2present their findings of fact, conclusions of law, and
3recommendations to the Secretary Director. If the Board fails
4to present its report within the 60-day 60 day period, the
5respondent may request in writing a direct appeal to the
6Secretary, in which case the Secretary may shall, within 7
7calendar days after the request, issue an order directing the
8Board to issue its findings of fact, conclusions of law, and
9recommendations to the Secretary within 30 calendar days after
10such order. If the Board fails to issue its findings of fact,
11conclusions of law, and recommendations within that time frame
12to the Secretary after the entry of such order, the Secretary
13shall, within 30 calendar days thereafter, issue an order based
14upon the report of the hearing officer and the record of the
15proceedings or issue an order remanding the matter back to the
16hearing officer for additional proceedings in accordance with
17the order. If (i) a direct appeal is requested, (ii) the Board
18fails to issue its findings of fact, conclusions of law, and
19recommendations within the 30-day mandate from the Secretary or
20the Secretary fails to order the Board to do so, and (iii) the
21Secretary fails to issue an order within 30 calendar days
22thereafter, then the hearing officer's report is deemed
23accepted and a final decision of the Secretary. Notwithstanding
24any other provision of this Section, if the Secretary, upon
25review, determines that substantial justice has not been done
26in the revocation, suspension, or refusal to issue or renew a



10000HB3462ham001- 83 -LRB100 05725 SMS 24268 a

1license or other disciplinary action taken as the result of the
2entry of the hearing officer's report, the Secretary may order
3a rehearing by the same or other examiners. If the Secretary
4disagrees with the recommendation of the Board or the hearing
5officer, the Secretary may issue an order in contravention of
6the recommendation.
7(Source: P.A. 95-689, eff. 10-29-07.)
8    (225 ILCS 85/35.8)  (from Ch. 111, par. 4155.8)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 35.8. In any case involving the refusal to issue,
11renew or discipline of a license or registration, a copy of the
12Board's report shall be served upon the respondent by the
13Department, either personally or as provided in this Act for
14the service of the notice of hearing. Within 20 days after such
15service, the respondent may present to the Department a motion
16in writing for a rehearing, which motion shall specify the
17particular grounds therefor. If no motion for rehearing is
18filed, then upon the expiration of the time specified for
19filing such a motion, or if a motion for rehearing is denied,
20then upon such denial the Secretary Director may enter an order
21in accordance with recommendations of the Board except as
22provided in Section 35.6 or 35.7 of this Act. If the respondent
23shall order from the reporting service, and pay for a
24transcript of the record within the time for filing a motion
25for rehearing, the 20-day 20 day period within which such a



10000HB3462ham001- 84 -LRB100 05725 SMS 24268 a

1motion may be filed shall commence upon the delivery of the
2transcript to the respondent.
3(Source: P.A. 85-796.)
4    (225 ILCS 85/35.12)  (from Ch. 111, par. 4155.12)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 35.12. Notwithstanding the provisions herein
7concerning the conduct of hearings and recommendations for
8disciplinary actions, the Secretary Director shall have the
9authority to negotiate agreements with licensees and
10registrants resulting in disciplinary consent orders provided
11a Board member is present and the discipline is recommended by
12a the Board member. Such consent orders may provide for any of
13the forms of discipline otherwise provided herein or any other
14disciplinary or non-disciplinary action the parties agree to.
15Such consent orders shall provide that they were not entered
16into as a result of any coercion by the Department.
17(Source: P.A. 95-689, eff. 10-29-07.)
18    (225 ILCS 85/35.13)  (from Ch. 111, par. 4155.13)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 35.13. Order or certified copy; prima facie proof. An
21order or a certified copy thereof, over the seal of the
22Department and purporting to be signed by the Secretary
23Director, shall be prima facie proof that:
24        (a) the signature is the genuine signature of the



10000HB3462ham001- 85 -LRB100 05725 SMS 24268 a

1    Secretary Director;
2        (b) the Secretary Director is duly appointed and
3    qualified; and
4        (c) the Board and the members thereof are qualified to
5    act.
6(Source: P.A. 91-357, eff. 7-29-99.)
7    (225 ILCS 85/35.14)  (from Ch. 111, par. 4155.14)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 35.14. At any time after the successful completion of
10a term of probation, suspension, or revocation of any license
11certificate, the Department may restore it to the accused
12person without examination, upon the written recommendation of
13the Board. A license that has been suspended or revoked shall
14be considered nonrenewed for purposes of restoration and a
15person restoring his or her license from suspension or
16revocation must comply with the requirements for restoration of
17a nonrenewed license as set forth in Section 12 of this Act and
18any related rules adopted.
19(Source: P.A. 85-796.)
20    (225 ILCS 85/35.15)  (from Ch. 111, par. 4155.15)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 35.15. Upon the revocation or suspension of any
23license or registration, the holder shall forthwith surrender
24the license license(s) or registration(s) to the Department and



10000HB3462ham001- 86 -LRB100 05725 SMS 24268 a

1if the licensee fails to do so, the Department shall have the
2right to seize the license license(s) or certificate(s).
3(Source: P.A. 85-796.)
4    (225 ILCS 85/35.16)  (from Ch. 111, par. 4155.16)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 35.16. The Secretary may temporarily suspend the
7license of a pharmacist, or pharmacy, registered or the
8registration of a pharmacy technician, or registered certified
9pharmacy technician, without a hearing, simultaneously with
10the institution of proceedings for a hearing provided for in
11Section 35.2 of this Act, if the Secretary finds that evidence
12in his possession indicates that a continuation in practice
13would constitute an imminent danger to the public. In the event
14that the Secretary suspends, temporarily, this license or
15registration without a hearing, a hearing by the Department
16must be held within 15 days after such suspension has occurred,
17and be concluded without appreciable delay.
18(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
19    (225 ILCS 85/35.18)  (from Ch. 111, par. 4155.18)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 35.18. Certification of record. The Department shall
22not be required to certify any record to the court, or to file
23an any answer in court, or to otherwise appear in any court in
24a judicial review proceeding, unless and until the Department



10000HB3462ham001- 87 -LRB100 05725 SMS 24268 a

1has received from the plaintiff there is filed in the court,
2with the complaint, a receipt from the Department acknowledging
3payment of the costs of furnishing and certifying the record,
4which costs shall be determined by the Department. Exhibits
5shall be certified without cost. Failure on the part of the
6plaintiff to file a receipt in court shall be grounds for
7dismissal of the action. During the pendency and hearing of any
8and all judicial proceedings incident to the disciplinary
9action the sanctions imposed upon the accused by the Department
10because of acts or omissions related to the delivery of direct
11patient care as specified in the Department's final
12administrative decision, shall, as a matter of public policy,
13remain in full force and effect in order to protect the public
14pending final resolution of any of the proceedings.
15(Source: P.A. 87-1031.)
16    (225 ILCS 85/35.20 new)
17    Sec. 35.20. Confidentiality. All information collected by
18the Department in the course of an examination or investigation
19of a licensee or applicant, including, but not limited to, any
20complaint against a licensee filed with the Department and
21information collected to investigate any such complaint, shall
22be maintained for the confidential use of the Department and
23shall not be disclosed. The Department may not disclose the
24information to anyone other than law enforcement officials,
25other regulatory agencies that have an appropriate regulatory



10000HB3462ham001- 88 -LRB100 05725 SMS 24268 a

1interest as determined by the Secretary, or to a party
2presenting a lawful subpoena to the Department. Information and
3documents disclosed to a federal, State, county, or local law
4enforcement agency shall not be disclosed by the agency for any
5purpose to any other agency or person. A formal complaint filed
6against a licensee by the Department or any order issued by the
7Department against a licensee or applicant shall be a public
8record, except as otherwise prohibited by law.
9    (225 ILCS 85/35.21 new)
10    Sec. 35.21. Citations.
11    (a) The Department shall adopt rules to permit the issuance
12of citations to any licensee for any violation of this Act or
13the rules. The citation shall be issued to the licensee or
14other person alleged to have committed one or more violations
15and shall contain the licensee's or other person's name and
16address, the licensee's license number, if any, a brief factual
17statement, the Sections of this Act or the rules allegedly
18violated, and the penalty imposed, which shall not exceed
19$1,000. The citation must clearly state that if the cited
20person wishes to dispute the citation, he or she may request in
21writing, within 30 days after the citation is served, a hearing
22before the Department. If the cited person does not request a
23hearing within 30 days after the citation is served, then the
24citation shall become a final, non-disciplinary order and any
25fine imposed is due and payable. If the cited person requests a



10000HB3462ham001- 89 -LRB100 05725 SMS 24268 a

1hearing within 30 days after the citation is served, the
2Department shall afford the cited person a hearing conducted in
3the same manner as a hearing provided in this Act for any
4violation of this Act and shall determine whether the cited
5person committed the violation as charged and whether the fine
6as levied is warranted. If the violation is found, any fine
7shall constitute discipline and be due and payable within 30
8days of the order of the Secretary. Failure to comply with any
9final order may subject the licensed person to further
10discipline or other action by the Department or a referral to
11the State's Attorney.
12    (b) A citation must be issued within 6 months after the
13reporting of a violation that is the basis for the citation.
14    (c) Service of a citation shall be made in person,
15electronically, or by mail to the licensee at the licensee's
16address of record or email address of record.
17    (d) Nothing in this Section shall prohibit or limit the
18Department from taking further action pursuant to this Act and
19rules for additional, repeated, or continuing violations.
20    (225 ILCS 85/36)  (from Ch. 111, par. 4156)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 36. Illinois Administrative Procedure Act. The
23Illinois Administrative Procedure Act is hereby expressly
24adopted and incorporated herein as if all of the provisions of
25that Act were included in this Act, except that the provision



10000HB3462ham001- 90 -LRB100 05725 SMS 24268 a

1of subsection (d) of Section 10-65 of the Illinois
2Administrative Procedure Act that provides that at hearings the
3licensee has the right to show compliance with all lawful
4requirements for retention, continuation or renewal of the
5license is specifically excluded. For the purpose of this Act,
6the notice required under Section 10-25 of the Illinois
7Administrative Procedure Act is deemed sufficient when
8personally served, mailed to the address of record of the
9applicant or licensee, or emailed to the email address of
10record of the applicant or licensee last known address of a
12(Source: P.A. 88-45.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".