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Public Act 103-0240 |
SB1889 Enrolled | LRB103 03306 AMQ 48312 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Pharmacy Practice Act is amended by |
changing Sections 9 and 15.1 and by adding Section 9.7 as |
follows:
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(225 ILCS 85/9)
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(Section scheduled to be repealed on January 1, 2028)
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Sec. 9. Licensure as registered pharmacy technician. |
(a) Any person shall be entitled
to licensure as a |
registered pharmacy technician who is of the age of 16
or over, |
has not engaged in conduct or behavior determined to be |
grounds for
discipline under this Act, is attending or has
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graduated from an accredited high school or comparable school |
or educational
institution or received a State of Illinois |
High School Diploma, and has filed a written or electronic |
application for licensure on a form
to be prescribed and |
furnished by the Department for that purpose. The
Department |
shall issue a license as a registered pharmacy technician to |
any applicant who has
qualified as aforesaid, and such license |
shall be the sole authority
required to assist licensed |
pharmacists in the practice of pharmacy, under
the supervision |
of a licensed pharmacist. A registered pharmacy technician may |
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be delegated to perform any task within the practice of |
pharmacy if specifically trained for that task, except for |
patient counseling, drug regimen review, clinical conflict |
resolution, or final prescription verification except where a |
registered certified pharmacy technician verifies a |
prescription dispensed by another pharmacy technician using |
technology-assisted medication verification, or providing |
patients prophylaxis drugs for human immunodeficiency virus |
pre-exposure prophylaxis or post-exposure prophylaxis. |
(b) Beginning on January 1, 2017, within 2 years after |
initial licensure as a registered pharmacy technician, the |
licensee must meet the requirements described in Section 9.5 |
of this Act and become licensed as a registered certified |
pharmacy technician. If the licensee has not yet attained the |
age of 18, then upon the next renewal as a registered pharmacy |
technician, the licensee must meet the requirements described |
in Section 9.5 of this Act and become licensed as a registered |
certified pharmacy technician. This requirement does not apply |
to pharmacy technicians registered prior to January 1, 2008.
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(c) (Blank). Any person registered
as a pharmacy |
technician who is also enrolled in a first professional
degree |
program in pharmacy in a school or college of pharmacy or a
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department of pharmacy of a university approved by the |
Department or has graduated from such a program within the |
last 18 months, shall be
considered a "student pharmacist"
and |
entitled to use the title "student pharmacist". A student |
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pharmacist must meet all of the requirements for licensure as |
a registered pharmacy technician set forth in this Section |
excluding the requirement of certification prior to the second |
license renewal and pay the required registered pharmacy |
technician license fees. A student pharmacist may, under the |
supervision of a pharmacist, assist in the practice of |
pharmacy and perform any and all functions delegated to him or |
her by the pharmacist. |
(d) Any person seeking licensure as a pharmacist who has |
graduated from a pharmacy program outside the United States |
must register as a pharmacy technician and shall be considered |
a "student pharmacist" and be entitled to use the title |
"student pharmacist" while completing the 1,200 clinical hours |
of training approved by the Board of Pharmacy described and |
for no more than 18 months after completion of these hours. |
These individuals are not required to become registered |
certified pharmacy technicians while completing their Board |
approved clinical training, but must become licensed as a |
pharmacist or become licensed as a registered certified |
pharmacy technician before the second pharmacy technician |
license renewal following completion of the Board approved |
clinical training. |
(e) The Department shall not renew the registered pharmacy |
technician license of any person who has been licensed as a |
registered pharmacy technician with the designation "student |
pharmacist" who: (1) has dropped out of or been expelled from |
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an ACPE accredited college of pharmacy; (2) has failed to |
complete his or her 1,200 hours of Board approved clinical |
training within 24 months; or (3) has failed the pharmacist |
licensure examination 3 times. The Department shall require |
these individuals to meet the requirements of and become |
licensed as a registered certified pharmacy technician. |
(f) The Department may
take any action set forth in |
Section 30 of this Act with regard to a license
pursuant to |
this Section.
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(g) Any person who is enrolled in a non-traditional |
Pharm.D.
program at an ACPE accredited college of pharmacy and |
is licensed as a registered pharmacist
under the laws of |
another United States jurisdiction shall be permitted to
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engage in the program of practice experience required in the |
academic program
by virtue of such license. Such person shall |
be exempt from the requirement
of licensure as a registered |
pharmacy technician or registered certified pharmacy |
technician while engaged in the
program of practice experience |
required in the academic program.
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An applicant for licensure as a registered pharmacy |
technician may assist a
pharmacist in the practice of pharmacy |
for a period of up to
60 days prior to the issuance of a |
license if the
applicant has submitted the required fee and an |
application for licensure
to the Department. The applicant |
shall keep a copy of the submitted
application on the premises |
where the applicant is assisting in the
practice of pharmacy. |
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The Department shall forward confirmation of receipt of the |
application with start and expiration dates of practice |
pending licensure.
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(h) Supportive staff who solely perform clerical work are |
not required to be licensed as a registered pharmacy |
technician. It shall be the responsibility of the pharmacy, |
the pharmacist-in-charge, and the pharmacy technician to |
ensure supportive staff are properly trained. The pharmacy or |
pharmacist-in-charge shall alert the Department's chief |
pharmacy coordinator when supportive staff have been |
terminated for threatening patient safety or diversion, in |
accordance with the requirements of subsection (b) of Section |
30.1. As used in this subsection, "clerical work" includes, |
without limitation, operating registers at the point of sale, |
sorting pre-packaged drugs in pharmacies specializing in |
centralized prescription filling, and selling prescriptions |
that have received final verification by a pharmacist in |
accordance with subsection (c-5) of Section 15.1. "Clerical |
work" does not include data entry, packaging, labeling, or |
storage. |
(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23; |
102-1051, eff. 1-1-23; 102-1100, eff. 1-1-23; revised |
12-14-22.) |
(225 ILCS 85/9.7 new) |
Sec. 9.7. Student pharmacist. Any person who is also |
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enrolled in a first professional degree program in pharmacy in |
a school or college of pharmacy or a department of pharmacy of |
a university approved by the Department, or has graduated from |
such a program within the last 18 months, shall be considered a |
"student pharmacist" and entitled to use the title "student |
pharmacist". A student pharmacist must meet all of the |
requirements for licensure as a registered pharmacy technician |
set forth in Section 9, except for the requirement of |
certification prior to the second license renewal, and pay the |
required license fees. A student pharmacist may, under the |
supervision of a pharmacist, assist in the practice of |
pharmacy and perform any and all functions delegated to him or |
her by the pharmacist. |
(225 ILCS 85/15.1) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 15.1. Pharmacy working conditions. |
(a) A pharmacy licensed under this Act shall not require a |
pharmacist, student pharmacist, or pharmacy technician to work |
longer than 12 continuous hours per day, inclusive of the |
breaks required under subsection (b). |
(b) A pharmacist who works 6 continuous hours or longer |
per day shall be allowed to take, at a minimum, one 30-minute |
uninterrupted meal break and one 15-minute break during that |
6-hour period. If such pharmacist is required to work 12 |
continuous hours per day, at a minimum, he or she qualifies for |
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an additional 15-minute break. A pharmacist who is entitled to |
take such breaks shall not be required to work more than 5 |
continuous hours, excluding a 15-minute break, before being |
given the opportunity to take a 30-minute uninterrupted meal |
break. If the pharmacy has a private break room available, or |
if there is a private break room in the establishment or |
business in which the pharmacy is located, a pharmacist who is |
entitled to breaks must be given access to that private break |
room and allowed to spend his or her break time in that room. |
(c) A pharmacy may, but is not required to, close when a |
pharmacist is allowed to take a break under subsection (b). If |
the pharmacy does not close, the pharmacist shall either |
remain within the licensed pharmacy or within the |
establishment in which the licensed pharmacy is located in |
order to be available for emergencies. In addition, the |
following applies: |
(1) pharmacy technicians, student pharmacists, and |
other supportive staff authorized by the pharmacist on |
duty may continue to perform duties as allowed under this |
Act; |
(2) no duties reserved to pharmacists and student |
pharmacists under this Act, or that require the |
professional judgment of a pharmacist, may be performed by |
pharmacy technicians or other supportive staff; and |
(3) only prescriptions that have received final |
verification by a pharmacist may be sold dispensed while |
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the pharmacist is on break, except those prescriptions |
that require counseling by a pharmacist, including all new |
prescriptions and those refill prescriptions for which a |
pharmacist has determined that counseling is necessary, |
may be sold dispensed only if the following conditions are |
met: |
(i) the patient or other individual who is picking |
up the prescription on behalf of the patient is told |
that the pharmacist is on a break and is offered the |
chance to wait until the pharmacist returns from break |
in order to receive counseling; |
(ii) if the patient or other individual who is |
picking up the prescription on behalf of the patient |
declines to wait, a telephone number at which the |
patient or other individual who is picking up the |
prescription on behalf of the patient can be reached |
is obtained; |
(iii) after returning from the break, the |
pharmacist makes a reasonable effort to contact the |
patient or other individual who is picking up the |
prescription on behalf of the patient and provide |
counseling; and |
(iv) the pharmacist documents the counseling that |
was provided or documents why counseling was not |
provided after a minimum of 2 attempts, including a |
description of the efforts made to contact the patient |
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or other individual who is picking up the prescription |
on behalf of the patient; the documentation shall be |
retained by the pharmacy and made available for |
inspection by the Board or its authorized |
representatives for at least 2 years. |
(c-5) When a pharmacist is not present in the pharmacy, a |
registered pharmacy technician, registered certified pharmacy |
technician, student pharmacist, or other supportive staff |
shall sell prescriptions that have received final verification |
by a pharmacist. A registered pharmacy technician, registered |
certified pharmacy technician, student pharmacist, or other |
supportive staff shall connect a patient to a pharmacist to |
provide counseling by audio or video technology for any |
prescription that requires counseling by a pharmacist. If the |
pharmacy does not have audio and video technology to connect |
the patient or other individual who is picking up the |
prescription on behalf of the patient to a pharmacist to |
provide counseling, then a telephone number at which the |
patient or other individual who is picking up the prescription |
on behalf of the patient can be reached shall be obtained . The |
pharmacist, upon returning to duty, shall attempt to contact |
the patient or other individual in accordance with items (iii) |
and (iv) of subsection (c). It shall be the responsibility of |
the pharmacy and pharmacist-in-charge to ensure that all |
staff, including supportive staff, are trained in selling |
pre-verified prescriptions. Training shall include, at a |
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minimum, recordkeeping requirements, patient counseling |
protocols as described in this subsection (c-5), pharmacy |
safety protocols, and patient privacy standards. The |
prescription record shall contain the names, initials, or |
other unique identifier of both the pharmacist who verified |
the prescription and the staff member who sold the |
prescription. |
(d) In a pharmacy staffed by 2 or more pharmacists, the |
pharmacists shall stagger breaks so that at least one |
pharmacist remains on duty during all times that the pharmacy |
remains open for the transaction of business. |
(e) (Blank). A pharmacy shall keep and maintain a complete |
and accurate record showing its pharmacists' daily break |
periods. |
(f) Subsections (a) and (b) shall not apply when an |
emergency, as deemed by the professional judgment of the |
pharmacist, necessitates that a pharmacist, student |
pharmacist, or pharmacy technician work longer than 12 |
continuous hours, work without taking required meal breaks, or |
have a break interrupted in order to minimize immediate health |
risks for patients.
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(Source: P.A. 101-621, eff. 1-1-20 .)
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