093_SB0109sam001

 










                                     LRB093 03409 AMC 12716 a

 1                    AMENDMENT TO SENATE BILL 109

 2        AMENDMENT NO.     .  Amend Senate Bill 109  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Pharmacy Practice Act of 1987 is amended
 5    by changing Section 10 as follows:

 6        (225 ILCS 85/10) (from Ch. 111, par. 4130)
 7        (Section scheduled to be repealed on January 1, 2008)
 8        (Text of Section before amendment by P.A. 92-880)
 9        Sec. 10. State Board of Pharmacy. There is created in the
10    Department  the State Board of Pharmacy.  It shall consist of
11    9 members, 7 of whom shall be licensed pharmacists.  Each  of
12    those  7  members  must  be  a  licensed  pharmacist  in good
13    standing in this State, a graduate of an  accredited  college
14    of  pharmacy or hold a Bachelor of Science degree in Pharmacy
15    and have at  least  5  years'  practical  experience  in  the
16    practice  of pharmacy subsequent to the date of his licensure
17    as a licensed pharmacist in the State  of  Illinois.    There
18    shall  be  2 public members, who shall be voting members, who
19    shall not be licensed pharmacists in this State or any  other
20    state.
21        Each member shall be appointed by the Governor.
22        The  terms  of  all  members serving as of March 31, 1999
 
                            -2-      LRB093 03409 AMC 12716 a
 1    shall expire on that date.   The  Governor  shall  appoint  3
 2    persons  to  serve  one-year terms, 3 persons to serve 3-year
 3    terms, and 3 persons to serve 5-year terms to begin April  1,
 4    1999.  Otherwise, members shall be appointed to 5 year terms.
 5    No member shall be eligible to serve more than 12 consecutive
 6    years.
 7        In  making  the  appointment of members on the Board, the
 8    Governor shall give due consideration to  recommendations  by
 9    the   members   of   the   profession   of  pharmacy  and  by
10    pharmaceutical organizations  therein.   The  Governor  shall
11    notify  the  pharmaceutical  organizations  promptly  of  any
12    vacancy  of  members  on  the Board and in appointing members
13    shall give consideration to individuals engaged in all  types
14    and  settings  of  pharmacy  practice.  In  filling the first
15    vacancy to occur after the effective date of this  amendatory
16    Act  of the 93rd General Assembly, the Governor shall appoint
17    a pharmacist who serves as a hospital pharmacist.
18        The Governor may remove  any  member  of  the  Board  for
19    misconduct, incapacity or neglect of duty and he shall be the
20    sole judge of the sufficiency of the cause for removal.
21        Every  person  appointed a member of the Board shall take
22    and subscribe the constitutional oath of office and  file  it
23    with  the Secretary of State.  Each member of the Board shall
24    be reimbursed for such actual and legitimate expenses  as  he
25    may  incur  in  going  to  and  from the place of meeting and
26    remaining thereat during sessions of the Board.  In addition,
27    each member of the Board shall receive a per diem payment  in
28    an  amount  determined  from time to time by the Director for
29    attendance at meetings of  the  Board  and  conducting  other
30    official business of the Board.
31        The  Board  shall  hold  quarterly meetings and an annual
32    meeting in January of each year and such  other  meetings  at
33    such  times  and places and upon such notice as the Board may
34    determine and as its business may require.  Five  members  of
 
                            -3-      LRB093 03409 AMC 12716 a
 1    the  Board  shall  constitute a quorum for the transaction of
 2    business.  The Director shall appoint a pharmacy coordinator,
 3    who shall be someone other than a member of the  Board.   The
 4    pharmacy coordinator shall be a registered pharmacist in good
 5    standing  in this State, shall be a graduate of an accredited
 6    college of pharmacy, or hold  at  a  minimum  a  Bachelor  of
 7    Science  degree  in Pharmacy and shall have at least 5 years'
 8    experience in the practice of pharmacy immediately  prior  to
 9    his  appointment.   The  pharmacy  coordinator  shall  be the
10    executive administrator and the chief enforcement officer  of
11    the Pharmacy Practice Act of 1987.
12        The  Board  shall  exercise the rights, powers and duties
13    which have been vested in the Board under this Act,  and  any
14    other duties conferred upon the Board by law.
15        The  Director  shall,  in  conformity  with the Personnel
16    Code, employ not less than 7  pharmacy  investigators  and  2
17    pharmacy  supervisors.   Each  pharmacy investigator and each
18    supervisor shall be a registered pharmacist in good  standing
19    in  this  State,  and  shall  be  a graduate of an accredited
20    college of pharmacy and have at least 5 years  of  experience
21    in  the  practice  of  pharmacy.    The Department shall also
22    employ at least one attorney who is a pharmacist to prosecute
23    violations of this Act and its rules.  The Department may, in
24    conformity with the Personnel Code, employ such clerical  and
25    other  employees  as are necessary to carry out the duties of
26    the Board.
27        The  duly  authorized  pharmacy  investigators   of   the
28    Department  shall  have the right to enter and inspect during
29    business hours any pharmacy or any other place in  the  State
30    of  Illinois  holding  itself  out  to  be  a  pharmacy where
31    medicines or drugs or drug products or proprietary  medicines
32    are  sold,  offered  for  sale, exposed for sale, or kept for
33    sale.   The  pharmacy  investigators  shall   be   the   only
34    Department  investigators authorized to inspect, investigate,
 
                            -4-      LRB093 03409 AMC 12716 a
 1    and  monitor  probation   compliance   of   pharmacists   and
 2    pharmacies.
 3    (Source: P.A. 91-827, eff. 6-13-00; 92-651, eff. 7-11-02.)

 4        (Text of Section after amendment by P.A. 92-880)
 5        Sec. 10. State Board of Pharmacy. There is created in the
 6    Department  the State Board of Pharmacy.  It shall consist of
 7    9 members, 7 of whom shall be licensed pharmacists.  Each  of
 8    those  7  members  must  be  a  licensed  pharmacist  in good
 9    standing in this State, a graduate of an  accredited  college
10    of  pharmacy or hold a Bachelor of Science degree in Pharmacy
11    and have at  least  5  years'  practical  experience  in  the
12    practice  of pharmacy subsequent to the date of his licensure
13    as a licensed pharmacist in the State  of  Illinois.    There
14    shall  be  2 public members, who shall be voting members, who
15    shall not be licensed pharmacists in this State or any  other
16    state.
17        Each member shall be appointed by the Governor.
18        The  terms  of  all  members serving as of March 31, 1999
19    shall expire on that date.   The  Governor  shall  appoint  3
20    persons  to  serve  one-year terms, 3 persons to serve 3-year
21    terms, and 3 persons to serve 5-year terms to begin April  1,
22    1999.  Otherwise, members shall be appointed to 5 year terms.
23    No member shall be eligible to serve more than 12 consecutive
24    years.
25        In  making  the  appointment of members on the Board, the
26    Governor shall give due consideration to  recommendations  by
27    the   members   of   the   profession   of  pharmacy  and  by
28    pharmaceutical organizations  therein.   The  Governor  shall
29    notify  the  pharmaceutical  organizations  promptly  of  any
30    vacancy  of  members  on  the Board and in appointing members
31    shall give consideration to individuals engaged in all  types
32    and  settings  of  pharmacy  practice.  In  filling the first
33    vacancy to occur after the effective date of this  amendatory
34    Act  of the 93rd General Assembly, the Governor shall appoint
 
                            -5-      LRB093 03409 AMC 12716 a
 1    a pharmacist who serves as a hospital pharmacist.
 2        The Governor may remove  any  member  of  the  Board  for
 3    misconduct, incapacity or neglect of duty and he shall be the
 4    sole judge of the sufficiency of the cause for removal.
 5        Every  person  appointed a member of the Board shall take
 6    and subscribe the constitutional oath of office and  file  it
 7    with  the Secretary of State.  Each member of the Board shall
 8    be reimbursed for such actual and legitimate expenses  as  he
 9    may  incur  in  going  to  and  from the place of meeting and
10    remaining thereat during sessions of the Board.  In addition,
11    each member of the Board shall receive a per diem payment  in
12    an  amount  determined  from time to time by the Director for
13    attendance at meetings of  the  Board  and  conducting  other
14    official business of the Board.
15        The  Board  shall  hold  quarterly meetings and an annual
16    meeting in January of each year and such  other  meetings  at
17    such  times  and places and upon such notice as the Board may
18    determine and as its business may require.  Five  members  of
19    the  Board  shall  constitute a quorum for the transaction of
20    business.  The Director shall appoint a pharmacy coordinator,
21    who shall be someone other than a member of the  Board.   The
22    pharmacy coordinator shall be a registered pharmacist in good
23    standing  in this State, shall be a graduate of an accredited
24    college of pharmacy, or hold  at  a  minimum  a  Bachelor  of
25    Science  degree  in Pharmacy and shall have at least 5 years'
26    experience in the practice of pharmacy immediately  prior  to
27    his  appointment.   The  pharmacy  coordinator  shall  be the
28    executive administrator and the chief enforcement officer  of
29    the Pharmacy Practice Act of 1987.
30        The  Board  shall  exercise the rights, powers and duties
31    which have been vested in the Board under this Act,  and  any
32    other duties conferred upon the Board by law.
33        The  Director  shall,  in  conformity  with the Personnel
34    Code, employ not less than 7  pharmacy  investigators  and  2
 
                            -6-      LRB093 03409 AMC 12716 a
 1    pharmacy  supervisors.   Each  pharmacy investigator and each
 2    supervisor shall be a registered pharmacist in good  standing
 3    in  this  State,  and  shall  be  a graduate of an accredited
 4    college of pharmacy and have at least 5 years  of  experience
 5    in  the  practice  of  pharmacy.    The Department shall also
 6    employ at least one attorney who is a pharmacist to prosecute
 7    violations of this Act and its rules.  The Department may, in
 8    conformity with the Personnel Code, employ such clerical  and
 9    other  employees  as are necessary to carry out the duties of
10    the Board.
11        The  duly  authorized  pharmacy  investigators   of   the
12    Department  shall  have the right to enter and inspect during
13    business hours any pharmacy or any other place in  the  State
14    of  Illinois  holding  itself  out  to  be  a  pharmacy where
15    medicines or drugs or drug products or proprietary  medicines
16    are  sold,  offered  for  sale, exposed for sale, or kept for
17    sale.   The  pharmacy  investigators  shall   be   the   only
18    Department  investigators authorized to inspect, investigate,
19    and monitor probation compliance of pharmacists,  pharmacies,
20    and pharmacy technicians.
21    (Source: P.A.  91-827,  eff.  6-13-00;  92-651, eff. 7-11-02;
22    92-880, eff. 1-1-04.)

23        Section 95.  No acceleration or delay.   Where  this  Act
24    makes changes in a statute that is represented in this Act by
25    text  that  is not yet or no longer in effect (for example, a
26    Section represented by multiple versions), the  use  of  that
27    text  does  not  accelerate or delay the taking effect of (i)
28    the changes made by this Act or (ii) provisions derived  from
29    any other Public Act.

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.".