Full Text of SB0509 95th General Assembly
SB0509ham008 95TH GENERAL ASSEMBLY
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Rep. John E. Bradley
Filed: 7/13/2007
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09500SB0509ham008 |
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LRB095 10560 RAS 38071 a |
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| AMENDMENT TO SENATE BILL 509
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| AMENDMENT NO. ______. Amend Senate Bill 509, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 6, as follows:
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| by replacing line 25 on page 97 through line 2 on page 98 with | 6 |
| the following: | 7 |
| "technicians. | 8 |
| (f) A pharmacy, manufacturer of controlled substances, or | 9 |
| wholesale distributor of controlled substances that is | 10 |
| licensed under this Act and owned and operated by the State is | 11 |
| exempt from licensure, registration, renewal, and other fees | 12 |
| required under this Act. | 13 |
| Pharmacists and pharmacy technicians working in facilities | 14 |
| owned and operated by the State are not exempt from the payment | 15 |
| of fees required by this Act and any rules adopted under this | 16 |
| Act. | 17 |
| Nothing in this subsection (f) shall be construed to |
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| prohibit the Department from imposing any fine or other penalty | 2 |
| allowed under this Act.
The State Board of Pharmacy shall, | 3 |
| pursuant to all
provisions of the Illinois Procurement Code, | 4 |
| determine how and to whom the money set aside under this | 5 |
| subsection is disbursed.
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| (G) (Blank). "; and | 7 |
| on page 114, line 21, by replacing "and 25," with "25, and 35"; | 8 |
| and | 9 |
| on page 135, immediately below line 24, by inserting the | 10 |
| following:
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| "(225 ILCS 120/35) (from Ch. 111, par. 8301-35)
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| (Section scheduled to be repealed on January 1, 2013)
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| Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund.
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| (a) The Department shall provide by rule for a schedule of | 15 |
| fees for the
administration and
enforcement of this Act, | 16 |
| including but not limited to original licensure,
renewal, and
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| restoration. The fees shall be nonrefundable.
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| (b) All fees collected under this Act shall be deposited | 19 |
| into the Illinois
State
Pharmacy
Disciplinary Fund and shall be | 20 |
| appropriated to the Department for the ordinary
and
contingent | 21 |
| expenses of the Department in the administration of this Act. | 22 |
| Moneys in the Fund may be transferred to the Professions
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| Indirect Cost Fund as authorized by Section 2105-300 of the
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| Department of Professional Regulation Law (20 ILCS | 2 |
| 2105/2105-300).
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| The moneys deposited into the Illinois State Pharmacy | 4 |
| Disciplinary Fund shall
be invested to earn interest which | 5 |
| shall accrue to the Fund.
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| The Department shall present to the Board for its review | 7 |
| and comment all
appropriation requests from the Illinois State | 8 |
| Pharmacy Disciplinary Fund. The
Department shall give due | 9 |
| consideration to any comments of the Board in making
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| appropriation requests.
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| (c) Any person who delivers a check or other payment to the | 12 |
| Department that
is returned to the Department unpaid by the | 13 |
| financial institution upon
which it is drawn shall pay to the | 14 |
| Department, in addition to the amount
already owed to the | 15 |
| Department, a fine of $50. The fines imposed by this Section | 16 |
| are in addition
to any other discipline provided under this Act | 17 |
| for unlicensed
practice or practice on a nonrenewed license. | 18 |
| The Department shall notify
the person that payment of fees and | 19 |
| fines shall be paid to the Department
by certified check or | 20 |
| money order within 30 calendar days of the
notification. If, | 21 |
| after the expiration of 30 days from the date of the
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| notification, the person has failed to submit the necessary | 23 |
| remittance, the
Department shall automatically terminate the | 24 |
| license or certificate or deny
the application, without | 25 |
| hearing. If, after termination or denial, the
person seeks a | 26 |
| license or certificate, he or she shall apply to the
Department |
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| for restoration or issuance of the license or certificate and
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| pay all fees and fines due to the Department. The Department | 3 |
| may establish
a fee for the processing of an application for | 4 |
| restoration of a license or
certificate to pay all expenses of | 5 |
| processing this application. The Director
may waive the fines | 6 |
| due under this Section in individual cases where the
Director | 7 |
| finds that the fines would be unreasonable or unnecessarily
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| burdensome.
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| (d) The Department shall maintain a roster of the names and | 10 |
| addresses of
all registrants and of all persons whose licenses | 11 |
| have been suspended or
revoked. This roster shall be available | 12 |
| upon written request and payment of
the required fee.
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| (e) A manufacturer of controlled substances or wholesale | 14 |
| distributor of controlled substances that is licensed under | 15 |
| this Act and owned and operated by the State is exempt from | 16 |
| licensure, registration, renewal, and other fees required | 17 |
| under this Act. Nothing in this subsection (e) shall be | 18 |
| construed to prohibit the Department
from imposing any fine or | 19 |
| other penalty allowed under this Act.
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| (Source: P.A. 91-239, eff. 1-1-00; 92-146, eff. 1-1-02; 92-586, | 21 |
| eff. 6-26-02.)"; and
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| on page 165, line 4, by replacing "Section 102" with "Sections | 23 |
| 102, 103, 301, and 309"; and | 24 |
| on page 179, by deleting lines 7 and 8; and |
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| on page 179, immediately below line 14, by inserting the | 2 |
| following:
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| "(720 ILCS 570/301) (from Ch. 56 1/2, par. 1301)
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| Sec. 301. The Department of Professional Regulation shall | 5 |
| promulgate
rules and charge reasonable fees and fines relating | 6 |
| to the registration and
control of the manufacture, | 7 |
| distribution, and dispensing of controlled
substances within | 8 |
| this State. All moneys received by the Department of
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| Professional Regulation under this Act shall be deposited into | 10 |
| the respective
professional dedicated funds in like manner as | 11 |
| the primary professional
licenses. | 12 |
| A pharmacy, manufacturer of controlled substances, or | 13 |
| wholesale distributor of controlled substances that is | 14 |
| regulated under this Act and owned and operated by the State is | 15 |
| exempt from fees required under this Act. Pharmacists and | 16 |
| pharmacy technicians working in facilities owned and operated | 17 |
| by the State are not exempt from the payment of fees required | 18 |
| by this Act and any rules adopted under this Act. Nothing in | 19 |
| this Section shall be construed to prohibit the Department from | 20 |
| imposing any fine or other penalty allowed under this Act.
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| (Source: P.A. 89-204, eff. 1-1-96.)
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| (720 ILCS 570/309) (from Ch. 56 1/2, par. 1309)
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| Sec. 309. On or after April 1, 2000, no person shall issue |
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| a
prescription for a Schedule II
controlled substance, which is | 2 |
| a narcotic drug listed in Section 206 of
this Act; or which | 3 |
| contains any quantity of amphetamine or
methamphetamine, their | 4 |
| salts, optical isomers or salts of optical
isomers; | 5 |
| phenmetrazine and its salts; gluthethimide; and pentazocine, | 6 |
| other than on a written
prescription; provided
that in the case | 7 |
| of an emergency, epidemic or a
sudden or unforeseen accident or | 8 |
| calamity, the prescriber may issue a
lawful oral prescription | 9 |
| where failure to
issue such a prescription might result in
loss | 10 |
| of life or intense suffering, but such oral prescription shall
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| include a statement by the prescriber concerning the accident
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| or calamity, or circumstances constituting the emergency, the | 13 |
| cause for
which an oral prescription was used. Within
7 days | 14 |
| after issuing an
emergency prescription, the prescriber shall | 15 |
| cause a written prescription for
the emergency quantity | 16 |
| prescribed to be delivered to
the dispensing pharmacist. The | 17 |
| prescription shall have written on its face
"Authorization for | 18 |
| Emergency Dispensing", and the date of the emergency
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| prescription. The written prescription
may be delivered to the | 20 |
| pharmacist in person, or by mail, but if delivered
by mail it | 21 |
| must be postmarked within the 7-day period. Upon
receipt, the
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| dispensing pharmacist shall attach this prescription to the | 23 |
| emergency oral
prescription earlier received and
reduced to | 24 |
| writing. The dispensing pharmacist shall notify the Department | 25 |
| of
Human Services if the prescriber
fails to deliver the | 26 |
| authorization for emergency dispensing on the
prescription to |
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| him. Failure of the dispensing pharmacist to do so
shall void | 2 |
| the authority conferred by this paragraph to dispense without a
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| written prescription of a
prescriber. All prescriptions issued | 4 |
| for Schedule II controlled substances
shall include both a | 5 |
| written and numerical notation of quantity on the face
of the | 6 |
| prescription. No prescription for a Schedule II controlled | 7 |
| substance
may
be refilled. The Department shall provide, at no | 8 |
| cost, audit reviews and necessary information to the Department | 9 |
| of Professional Regulation in conjunction with ongoing | 10 |
| investigations being conducted in whole or part by the | 11 |
| Department of Professional Regulation.
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| (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)".
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