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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Pharmacy Practice Act is amended by |
5 | | changing Sections 9 and 15.1 and by adding Section 9.7 as |
6 | | follows:
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7 | | (225 ILCS 85/9)
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8 | | (Section scheduled to be repealed on January 1, 2028)
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9 | | Sec. 9. Licensure as registered pharmacy technician. |
10 | | (a) Any person shall be entitled
to licensure as a |
11 | | registered pharmacy technician who is of the age of 16
or over, |
12 | | has not engaged in conduct or behavior determined to be |
13 | | grounds for
discipline under this Act, is attending or has
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14 | | graduated from an accredited high school or comparable school |
15 | | or educational
institution or received a State of Illinois |
16 | | High School Diploma, and has filed a written or electronic |
17 | | application for licensure on a form
to be prescribed and |
18 | | furnished by the Department for that purpose. The
Department |
19 | | shall issue a license as a registered pharmacy technician to |
20 | | any applicant who has
qualified as aforesaid, and such license |
21 | | shall be the sole authority
required to assist licensed |
22 | | pharmacists in the practice of pharmacy, under
the supervision |
23 | | of a licensed pharmacist. A registered pharmacy technician may |
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1 | | be delegated to perform any task within the practice of |
2 | | pharmacy if specifically trained for that task, except for |
3 | | patient counseling, drug regimen review, clinical conflict |
4 | | resolution, or final prescription verification except where a |
5 | | registered certified pharmacy technician verifies a |
6 | | prescription dispensed by another pharmacy technician using |
7 | | technology-assisted medication verification, or providing |
8 | | patients prophylaxis drugs for human immunodeficiency virus |
9 | | pre-exposure prophylaxis or post-exposure prophylaxis. |
10 | | (b) Beginning on January 1, 2017, within 2 years after |
11 | | initial licensure as a registered pharmacy technician, the |
12 | | licensee must meet the requirements described in Section 9.5 |
13 | | of this Act and become licensed as a registered certified |
14 | | pharmacy technician. If the licensee has not yet attained the |
15 | | age of 18, then upon the next renewal as a registered pharmacy |
16 | | technician, the licensee must meet the requirements described |
17 | | in Section 9.5 of this Act and become licensed as a registered |
18 | | certified pharmacy technician. This requirement does not apply |
19 | | to pharmacy technicians registered prior to January 1, 2008.
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20 | | (c) (Blank). Any person registered
as a pharmacy |
21 | | technician who is also enrolled in a first professional
degree |
22 | | program in pharmacy in a school or college of pharmacy or a
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23 | | department of pharmacy of a university approved by the |
24 | | Department or has graduated from such a program within the |
25 | | last 18 months, shall be
considered a "student pharmacist"
and |
26 | | entitled to use the title "student pharmacist". A student |
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1 | | pharmacist must meet all of the requirements for licensure as |
2 | | a registered pharmacy technician set forth in this Section |
3 | | excluding the requirement of certification prior to the second |
4 | | license renewal and pay the required registered pharmacy |
5 | | technician license fees. A student pharmacist may, under the |
6 | | supervision of a pharmacist, assist in the practice of |
7 | | pharmacy and perform any and all functions delegated to him or |
8 | | her by the pharmacist. |
9 | | (d) Any person seeking licensure as a pharmacist who has |
10 | | graduated from a pharmacy program outside the United States |
11 | | must register as a pharmacy technician and shall be considered |
12 | | a "student pharmacist" and be entitled to use the title |
13 | | "student pharmacist" while completing the 1,200 clinical hours |
14 | | of training approved by the Board of Pharmacy described and |
15 | | for no more than 18 months after completion of these hours. |
16 | | These individuals are not required to become registered |
17 | | certified pharmacy technicians while completing their Board |
18 | | approved clinical training, but must become licensed as a |
19 | | pharmacist or become licensed as a registered certified |
20 | | pharmacy technician before the second pharmacy technician |
21 | | license renewal following completion of the Board approved |
22 | | clinical training. |
23 | | (e) The Department shall not renew the registered pharmacy |
24 | | technician license of any person who has been licensed as a |
25 | | registered pharmacy technician with the designation "student |
26 | | pharmacist" who: (1) has dropped out of or been expelled from |
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1 | | an ACPE accredited college of pharmacy; (2) has failed to |
2 | | complete his or her 1,200 hours of Board approved clinical |
3 | | training within 24 months; or (3) has failed the pharmacist |
4 | | licensure examination 3 times. The Department shall require |
5 | | these individuals to meet the requirements of and become |
6 | | licensed as a registered certified pharmacy technician. |
7 | | (f) The Department may
take any action set forth in |
8 | | Section 30 of this Act with regard to a license
pursuant to |
9 | | this Section.
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10 | | (g) Any person who is enrolled in a non-traditional |
11 | | Pharm.D.
program at an ACPE accredited college of pharmacy and |
12 | | is licensed as a registered pharmacist
under the laws of |
13 | | another United States jurisdiction shall be permitted to
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14 | | engage in the program of practice experience required in the |
15 | | academic program
by virtue of such license. Such person shall |
16 | | be exempt from the requirement
of licensure as a registered |
17 | | pharmacy technician or registered certified pharmacy |
18 | | technician while engaged in the
program of practice experience |
19 | | required in the academic program.
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20 | | An applicant for licensure as a registered pharmacy |
21 | | technician may assist a
pharmacist in the practice of pharmacy |
22 | | for a period of up to
60 days prior to the issuance of a |
23 | | license if the
applicant has submitted the required fee and an |
24 | | application for licensure
to the Department. The applicant |
25 | | shall keep a copy of the submitted
application on the premises |
26 | | where the applicant is assisting in the
practice of pharmacy. |
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1 | | The Department shall forward confirmation of receipt of the |
2 | | application with start and expiration dates of practice |
3 | | pending licensure.
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4 | | (h) Supportive staff who solely perform clerical work are |
5 | | not required to be licensed as a registered pharmacy |
6 | | technician. It shall be the responsibility of the pharmacy, |
7 | | the pharmacist-in-charge, and the pharmacy technician to |
8 | | ensure supportive staff are properly trained. The pharmacy or |
9 | | pharmacist-in-charge shall alert the Department's chief |
10 | | pharmacy coordinator when supportive staff have been |
11 | | terminated for threatening patient safety or diversion, in |
12 | | accordance with the requirements of subsection (b) of Section |
13 | | 30.1. As used in this subsection, "clerical work" includes, |
14 | | without limitation, operating registers at the point of sale, |
15 | | sorting pre-packaged drugs in pharmacies specializing in |
16 | | centralized prescription filling, and selling prescriptions |
17 | | that have received final verification by a pharmacist in |
18 | | accordance with subsection (c-5) of Section 15.1. "Clerical |
19 | | work" does not include data entry, packaging, labeling, or |
20 | | storage. |
21 | | (Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23; |
22 | | 102-1051, eff. 1-1-23; 102-1100, eff. 1-1-23; revised |
23 | | 12-14-22.) |
24 | | (225 ILCS 85/9.7 new) |
25 | | Sec. 9.7. Student pharmacist. Any person who is also |
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1 | | enrolled in a first professional degree program in pharmacy in |
2 | | a school or college of pharmacy or a department of pharmacy of |
3 | | a university approved by the Department, or has graduated from |
4 | | such a program within the last 18 months, shall be considered a |
5 | | "student pharmacist" and entitled to use the title "student |
6 | | pharmacist". A student pharmacist must meet all of the |
7 | | requirements for licensure as a registered pharmacy technician |
8 | | set forth in Section 9, except for the requirement of |
9 | | certification prior to the second license renewal, and pay the |
10 | | required license fees. A student pharmacist may, under the |
11 | | supervision of a pharmacist, assist in the practice of |
12 | | pharmacy and perform any and all functions delegated to him or |
13 | | her by the pharmacist. |
14 | | (225 ILCS 85/15.1) |
15 | | (Section scheduled to be repealed on January 1, 2028) |
16 | | Sec. 15.1. Pharmacy working conditions. |
17 | | (a) A pharmacy licensed under this Act shall not require a |
18 | | pharmacist, student pharmacist, or pharmacy technician to work |
19 | | longer than 12 continuous hours per day, inclusive of the |
20 | | breaks required under subsection (b). |
21 | | (b) A pharmacist who works 6 continuous hours or longer |
22 | | per day shall be allowed to take, at a minimum, one 30-minute |
23 | | uninterrupted meal break and one 15-minute break during that |
24 | | 6-hour period. If such pharmacist is required to work 12 |
25 | | continuous hours per day, at a minimum, he or she qualifies for |
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1 | | an additional 15-minute break. A pharmacist who is entitled to |
2 | | take such breaks shall not be required to work more than 5 |
3 | | continuous hours, excluding a 15-minute break, before being |
4 | | given the opportunity to take a 30-minute uninterrupted meal |
5 | | break. If the pharmacy has a private break room available, or |
6 | | if there is a private break room in the establishment or |
7 | | business in which the pharmacy is located, a pharmacist who is |
8 | | entitled to breaks must be given access to that private break |
9 | | room and allowed to spend his or her break time in that room. |
10 | | (c) A pharmacy may, but is not required to, close when a |
11 | | pharmacist is allowed to take a break under subsection (b). If |
12 | | the pharmacy does not close, the pharmacist shall either |
13 | | remain within the licensed pharmacy or within the |
14 | | establishment in which the licensed pharmacy is located in |
15 | | order to be available for emergencies. In addition, the |
16 | | following applies: |
17 | | (1) pharmacy technicians, student pharmacists, and |
18 | | other supportive staff authorized by the pharmacist on |
19 | | duty may continue to perform duties as allowed under this |
20 | | Act; |
21 | | (2) no duties reserved to pharmacists and student |
22 | | pharmacists under this Act, or that require the |
23 | | professional judgment of a pharmacist, may be performed by |
24 | | pharmacy technicians or other supportive staff; and |
25 | | (3) only prescriptions that have received final |
26 | | verification by a pharmacist may be sold dispensed while |
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1 | | the pharmacist is on break, except those prescriptions |
2 | | that require counseling by a pharmacist, including all new |
3 | | prescriptions and those refill prescriptions for which a |
4 | | pharmacist has determined that counseling is necessary, |
5 | | may be sold dispensed only if the following conditions are |
6 | | met: |
7 | | (i) the patient or other individual who is picking |
8 | | up the prescription on behalf of the patient is told |
9 | | that the pharmacist is on a break and is offered the |
10 | | chance to wait until the pharmacist returns from break |
11 | | in order to receive counseling; |
12 | | (ii) if the patient or other individual who is |
13 | | picking up the prescription on behalf of the patient |
14 | | declines to wait, a telephone number at which the |
15 | | patient or other individual who is picking up the |
16 | | prescription on behalf of the patient can be reached |
17 | | is obtained; |
18 | | (iii) after returning from the break, the |
19 | | pharmacist makes a reasonable effort to contact the |
20 | | patient or other individual who is picking up the |
21 | | prescription on behalf of the patient and provide |
22 | | counseling; and |
23 | | (iv) the pharmacist documents the counseling that |
24 | | was provided or documents why counseling was not |
25 | | provided after a minimum of 2 attempts, including a |
26 | | description of the efforts made to contact the patient |
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1 | | or other individual who is picking up the prescription |
2 | | on behalf of the patient; the documentation shall be |
3 | | retained by the pharmacy and made available for |
4 | | inspection by the Board or its authorized |
5 | | representatives for at least 2 years. |
6 | | (c-5) When a pharmacist is not present in the pharmacy, a |
7 | | registered pharmacy technician, registered certified pharmacy |
8 | | technician, student pharmacist, or other supportive staff |
9 | | shall sell prescriptions that have received final verification |
10 | | by a pharmacist. A registered pharmacy technician, registered |
11 | | certified pharmacy technician, student pharmacist, or other |
12 | | supportive staff shall connect a patient to a pharmacist to |
13 | | provide counseling by audio or video technology for any |
14 | | prescription that requires counseling by a pharmacist. If the |
15 | | pharmacy does not have audio and video technology to connect |
16 | | the patient or other individual who is picking up the |
17 | | prescription on behalf of the patient to a pharmacist to |
18 | | provide counseling, then a telephone number at which the |
19 | | patient or other individual who is picking up the prescription |
20 | | on behalf of the patient can be reached shall be obtained . The |
21 | | pharmacist, upon returning to duty, shall attempt to contact |
22 | | the patient or other individual in accordance with items (iii) |
23 | | and (iv) of subsection (c). It shall be the responsibility of |
24 | | the pharmacy and pharmacist-in-charge to ensure that all |
25 | | staff, including supportive staff, are trained in selling |
26 | | pre-verified prescriptions. Training shall include, at a |
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1 | | minimum, recordkeeping requirements, patient counseling |
2 | | protocols as described in this subsection (c-5), pharmacy |
3 | | safety protocols, and patient privacy standards. The |
4 | | prescription record shall contain the names, initials, or |
5 | | other unique identifier of both the pharmacist who verified |
6 | | the prescription and the staff member who sold the |
7 | | prescription. |
8 | | (d) In a pharmacy staffed by 2 or more pharmacists, the |
9 | | pharmacists shall stagger breaks so that at least one |
10 | | pharmacist remains on duty during all times that the pharmacy |
11 | | remains open for the transaction of business. |
12 | | (e) (Blank). A pharmacy shall keep and maintain a complete |
13 | | and accurate record showing its pharmacists' daily break |
14 | | periods. |
15 | | (f) Subsections (a) and (b) shall not apply when an |
16 | | emergency, as deemed by the professional judgment of the |
17 | | pharmacist, necessitates that a pharmacist, student |
18 | | pharmacist, or pharmacy technician work longer than 12 |
19 | | continuous hours, work without taking required meal breaks, or |
20 | | have a break interrupted in order to minimize immediate health |
21 | | risks for patients.
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22 | | (Source: P.A. 101-621, eff. 1-1-20 .)
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