|
(b) The following Acts are repealed on December 31, 2008: |
The Medical Practice Act of 1987. |
The Environmental Health Practitioner Licensing Act.
|
(Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; |
94-1085, eff. 1-19-07; revised 1-22-07.)
|
(5 ILCS 80/4.28 new) |
Sec. 4.28. Act repealed on January 1, 2018. The following |
Act is repealed on January 1, 2018: |
The Pharmacy Practice Act.
|
Section 10. The Illinois Act on the Aging is amended by |
changing Section 4.01 as follows:
|
(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
|
Sec. 4.01. Additional powers and duties of the Department. |
In addition
to powers and duties otherwise provided by law, the |
Department shall have the
following powers and duties:
|
(1) To evaluate all programs, services, and facilities for |
the aged
and for minority senior citizens within the State and |
determine the extent
to which present public or private |
programs, services and facilities meet the
needs of the aged.
|
(2) To coordinate and evaluate all programs, services, and |
facilities
for the Aging and for minority senior citizens |
presently furnished by State
agencies and make appropriate |
recommendations regarding such services, programs
and |
|
facilities to the Governor and/or the General Assembly.
|
(3) To function as the sole State agency to develop a |
comprehensive
plan to meet the needs of the State's senior |
citizens and the State's
minority senior citizens.
|
(4) To receive and disburse State and federal funds made |
available
directly to the Department including those funds made |
available under the
Older Americans Act and the Senior |
Community Service Employment Program for
providing services |
for senior citizens and minority senior citizens or for
|
purposes related thereto, and shall develop and administer any |
State Plan
for the Aging required by federal law.
|
(5) To solicit, accept, hold, and administer in behalf of |
the State
any grants or legacies of money, securities, or |
property to the State of
Illinois for services to senior |
citizens and minority senior citizens or
purposes related |
thereto.
|
(6) To provide consultation and assistance to communities, |
area agencies
on aging, and groups developing local services |
for senior citizens and
minority senior citizens.
|
(7) To promote community education regarding the problems |
of senior
citizens and minority senior citizens through |
institutes, publications,
radio, television and the local |
press.
|
(8) To cooperate with agencies of the federal government in |
studies
and conferences designed to examine the needs of senior |
citizens and minority
senior citizens and to prepare programs |
|
and facilities to meet those needs.
|
(9) To establish and maintain information and referral |
sources
throughout the State when not provided by other |
agencies.
|
(10) To provide the staff support as may reasonably be |
required
by the Council and the Coordinating Committee of State |
Agencies Serving Older
Persons.
|
(11) To make and enforce rules and regulations necessary |
and proper
to the performance of its duties.
|
(12) To establish and fund programs or projects or |
experimental facilities
that are specially designed as |
alternatives to institutional care.
|
(13) To develop a training program to train the counselors |
presently
employed by the Department's aging network to provide |
Medicare
beneficiaries with counseling and advocacy in |
Medicare, private health
insurance, and related health care |
coverage plans. The Department shall
report to the General |
Assembly on the implementation of the training
program on or |
before December 1, 1986.
|
(14) To make a grant to an institution of higher learning |
to study the
feasibility of establishing and implementing an |
affirmative action
employment plan for the recruitment, |
hiring, training and retraining of
persons 60 or more years old |
for jobs for which their employment would not
be precluded by |
law.
|
(15) To present one award annually in each of the |
|
categories of community
service, education, the performance |
and graphic arts, and the labor force
to outstanding Illinois |
senior citizens and minority senior citizens in
recognition of |
their individual contributions to either community service,
|
education, the performance and graphic arts, or the labor |
force. The awards
shall be presented to four senior citizens |
and minority senior citizens
selected from a list of 44 |
nominees compiled annually by
the Department. Nominations |
shall be solicited from senior citizens'
service providers, |
area agencies on aging, senior citizens'
centers, and senior |
citizens' organizations. The Department shall consult
with the |
Coordinating Committee of State Agencies Serving Older Persons |
to
determine which of the nominees shall be the recipient in |
each category of
community service. The Department shall |
establish a central location within
the State to be designated |
as the Senior Illinoisans Hall of Fame for the
public display |
of all the annual awards, or replicas thereof.
|
(16) To establish multipurpose senior centers through area |
agencies on
aging and to fund those new and existing |
multipurpose senior centers
through area agencies on aging, the |
establishment and funding to begin in
such areas of the State |
as the Department shall designate by rule and as
specifically |
appropriated funds become available.
|
(17) To develop the content and format of the |
acknowledgment regarding
non-recourse reverse mortgage loans |
under Section 6.1 of the Illinois
Banking Act; to provide |
|
independent consumer information on reverse
mortgages and |
alternatives; and to refer consumers to independent
counseling |
services with expertise in reverse mortgages.
|
(18) To develop a pamphlet in English and Spanish which may |
be used by
physicians licensed to practice medicine in all of |
its branches pursuant
to the Medical Practice Act of 1987, |
pharmacists licensed pursuant to the
Pharmacy Practice Act of |
1987, and Illinois residents 65 years of age or
older for the |
purpose of assisting physicians, pharmacists, and patients in
|
monitoring prescriptions provided by various physicians and to |
aid persons
65 years of age or older in complying with |
directions for proper use of
pharmaceutical prescriptions. The |
pamphlet may provide space for recording
information including |
but not limited to the following:
|
(a) name and telephone number of the patient;
|
(b) name and telephone number of the prescribing |
physician;
|
(c) date of prescription;
|
(d) name of drug prescribed;
|
(e) directions for patient compliance; and
|
(f) name and telephone number of dispensing pharmacy.
|
In developing the pamphlet, the Department shall consult |
with the
Illinois State Medical Society, the Center for |
Minority Health Services,
the Illinois Pharmacists Association |
and
senior citizens organizations. The Department shall |
distribute the
pamphlets to physicians, pharmacists and |
|
persons 65 years of age or older
or various senior citizen |
organizations throughout the State.
|
(19) To conduct a study by April 1, 1994 of the feasibility |
of
implementing the Senior Companion Program throughout the |
State for the fiscal
year beginning July 1, 1994.
|
(20) With respect to contracts in effect on July 1, 1994, |
the Department
shall increase the grant amounts so that the |
reimbursement rates paid through
the community care program for |
chore housekeeping services and homemakers are
at the same |
rate, which shall be the higher of the 2 rates currently paid.
|
With respect to all contracts entered into, renewed, or |
extended on or after
July 1, 1994, the reimbursement rates paid |
through the community care program
for chore housekeeping |
services and homemakers shall be the same.
|
(21) From funds appropriated to the Department from the |
Meals on Wheels
Fund, a special fund in the State treasury that |
is hereby created, and in
accordance with State and federal |
guidelines and the intrastate funding
formula, to make grants |
to area agencies on aging, designated by the
Department, for |
the sole purpose of delivering meals to homebound persons 60
|
years of age and older.
|
(22) To distribute, through its area agencies on aging, |
information
alerting seniors on safety issues regarding |
emergency weather
conditions, including extreme heat and cold, |
flooding, tornadoes, electrical
storms, and other severe storm |
weather. The information shall include all
necessary |
|
instructions for safety and all emergency telephone numbers of
|
organizations that will provide additional information and |
assistance.
|
(23) To develop guidelines for the organization and |
implementation of
Volunteer Services Credit Programs to be |
administered by Area Agencies on
Aging or community based |
senior service organizations. The Department shall
hold public |
hearings on the proposed guidelines for public comment, |
suggestion,
and determination of public interest. The |
guidelines shall be based on the
findings of other states and |
of community organizations in Illinois that are
currently |
operating volunteer services credit programs or demonstration
|
volunteer services credit programs. The Department shall offer |
guidelines for
all aspects of the programs including, but not |
limited to, the following:
|
(a) types of services to be offered by volunteers;
|
(b) types of services to be received upon the |
redemption of service
credits;
|
(c) issues of liability for the volunteers and the |
administering
organizations;
|
(d) methods of tracking service credits earned and |
service credits
redeemed;
|
(e) issues of time limits for redemption of service |
credits;
|
(f) methods of recruitment of volunteers;
|
(g) utilization of community volunteers, community |
|
service groups, and
other resources for delivering |
services to be received by service credit
program clients;
|
(h) accountability and assurance that services will be |
available to
individuals who have earned service credits; |
and
|
(i) volunteer screening and qualifications.
|
The Department shall submit a written copy of the guidelines to |
the General
Assembly by July 1, 1998.
|
(Source: P.A. 92-651, eff. 7-11-02.)
|
Section 15. The Mental Health and Developmental |
Disabilities Administrative Act is amended by changing Section |
56 as follows:
|
(20 ILCS 1705/56) (from Ch. 91 1/2, par. 100-56)
|
Sec. 56. The Secretary, upon making a determination based
|
upon information in the possession of the Department, that
|
continuation in practice of a licensed health care professional |
would
constitute an immediate danger to the public, shall |
submit a written
communication to the Director of Professional |
Regulation indicating such
determination and additionally |
providing a complete summary of the
information upon which such |
determination is based, and recommending that
the Director of |
Professional Regulation immediately suspend such person's
|
license. All relevant evidence, or copies thereof, in the |
Department's
possession may also be submitted in conjunction |
|
with the written
communication. A copy of such written |
communication, which is exempt from
the copying and inspection |
provisions of the Freedom of Information Act,
shall at the time |
of submittal to the Director of Professional Regulation
be |
simultaneously mailed to the last known business address of |
such
licensed health care professional by certified or |
registered postage,
United States Mail, return receipt |
requested. Any evidence, or copies
thereof, which is submitted |
in conjunction with the written communication
is also exempt |
from the copying and inspection provisions of the Freedom of
|
Information Act.
|
For the purposes of this Section, "licensed health care |
professional"
means any person licensed under the Illinois |
Dental Practice Act, the Nursing
and Advanced Practice Nursing |
Act, the Medical Practice Act of 1987, the
Pharmacy Practice |
Act of 1987, the Podiatric Medical Practice Act of
1987, and |
the Illinois Optometric Practice Act of 1987.
|
(Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)
|
Section 20. The Department of Professional Regulation Law |
of the
Civil Administrative Code of Illinois is amended by |
changing Section 2105-400 as follows:
|
(20 ILCS 2105/2105-400)
|
Sec. 2105-400. Emergency Powers. |
(a) Upon proclamation of a disaster by the Governor, as |
|
provided for in the Illinois Emergency Management Agency Act, |
the Secretary of Financial and Professional Regulation shall |
have the following powers, which shall be exercised only in |
coordination with the Illinois Emergency Management Agency and |
the Department of Public Health:
|
(1) The power to suspend the requirements for permanent |
or temporary licensure of persons who are licensed in |
another state and are working under the direction of the |
Illinois Emergency Management Agency and the Department of |
Public Health pursuant to a declared disaster. |
(2) The power to modify the scope of practice |
restrictions under any licensing act administered by the |
Department for any person working under the direction of |
the Illinois Emergency Management Agency and the Illinois |
Department of Public Health pursuant to the declared |
disaster. |
(3) The power to expand the exemption in Section 4(a) |
of the Pharmacy Practice Act of 1987 to those licensed |
professionals whose scope of practice has been modified, |
under paragraph (2) of subsection (a) of this Section, to |
include any element of the practice of pharmacy as defined |
in the Pharmacy Practice Act of 1987 for any person working |
under the direction of the Illinois Emergency Management |
Agency and the Illinois Department of Public Health |
pursuant to the declared disaster. |
(b) Persons exempt from licensure under paragraph (1) of |
|
subsection (a) of this Section and persons operating under |
modified scope of practice provisions under paragraph (2) of |
subsection (a) of this Section shall be exempt from licensure |
or be subject to modified scope of practice only until the |
declared disaster has ended as provided by law. For purposes of |
this Section, persons working under the direction of an |
emergency services and disaster agency accredited by the |
Illinois Emergency Management Agency and a local public health |
department, pursuant to a declared disaster, shall be deemed to |
be working under the direction of the Illinois Emergency |
Management Agency and the Department of Public Health.
|
(c) The Director shall exercise these powers by way of |
proclamation.
|
(Source: P.A. 93-829, eff. 7-28-04; 94-733, eff. 4-27-06.)
|
Section 25. The Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by changing Section 2310-140 as follows:
|
(20 ILCS 2310/2310-140) (was 20 ILCS 2310/55.37a)
|
Sec. 2310-140. Recommending suspension of licensed health |
care
professional. The Director, upon making a
determination |
based upon information in the possession of the Department
that |
continuation in practice of a licensed health care professional |
would
constitute an immediate danger to the public, shall |
submit a written
communication to the Director of
Professional |
|
Regulation indicating that determination and
additionally
(i) |
providing a complete summary of the information upon which the
|
determination is based and (ii) recommending that the Director |
of
Professional
Regulation immediately suspend the person's |
license. All relevant
evidence, or copies thereof, in the |
Department's possession may also be
submitted in conjunction |
with the written communication. A copy of the
written |
communication, which is exempt from the copying and inspection
|
provisions of the Freedom of Information Act, shall at the time |
of
submittal to the Director of
Professional Regulation be |
simultaneously mailed to the last known
business address of the |
licensed health care professional by
certified or
registered |
postage, United States Mail, return receipt requested. Any
|
evidence, or copies thereof, that is submitted in conjunction
|
with the
written communication is also exempt from the copying |
and
inspection
provisions of the Freedom of Information Act.
|
For the purposes of this Section, "licensed health care |
professional"
means any person licensed under the Illinois |
Dental Practice Act, the Nursing
and Advanced Practice Nursing |
Act, the Medical Practice Act of 1987, the
Pharmacy Practice |
Act of 1987, the Podiatric Medical Practice Act of
1987, or the |
Illinois Optometric Practice Act of 1987.
|
(Source: P.A. 90-742, eff. 8-13-98; 91-239, eff. 1-1-00.)
|
Section 30. The Illinois Municipal Code is amended by |
changing Section 11-22-1 as follows:
|
|
(65 ILCS 5/11-22-1) (from Ch. 24, par. 11-22-1)
|
Sec. 11-22-1. The corporate authorities of each |
municipality may erect,
establish, and maintain hospitals, |
nursing homes and
medical dispensaries, all on a nonprofit |
basis, and
may locate and regulate hospitals, medical |
dispensaries, sanitariums, and
undertaking establishments; |
provided that the corporate authorities of any
municipality |
shall not regulate any pharmacy or drugstore registered under
|
the Pharmacy Practice Act of 1987. Any hospital maintained |
under this
Section is authorized to provide any service and |
enter into any contract or
other arrangement not prohibited by |
a hospital licensed under the Hospital
Licensing Act, |
incorporated under the General Not-For-Profit Corporation
Act, |
and exempt from taxation under paragraph (3) of subsection (c) |
of
Section 501 of the Internal Revenue Code.
|
For purposes of erecting, establishing and maintaining a |
nursing home
on a nonprofit basis pursuant to this Section, the |
corporate authorities of
each municipality shall have the power |
to borrow money; execute a
promissory note or notes, execute a |
mortgage or trust deed to secure
payment of such notes or |
deeds, or execute such other security instrument
or document as |
needed, and pledge real and personal nursing home property
as |
security for any such promissory note, mortgage or trust deed; |
and issue
revenue or general obligation bonds.
|
(Source: P.A. 86-739.)
|
|
Section 35. The School Employee Benefit Act is amended by |
changing Section 25 as follows:
|
(105 ILCS 55/25)
|
Sec. 25. Pharmacy providers. |
(a) The Department or its contractor may enter into a |
contract with a pharmacy registered or licensed under Section |
16a of the Pharmacy Practice Act of 1987. |
(b) Before entering into an agreement with other pharmacy |
providers, pursuant to Sections 15 and 20 of this Act, the |
Department or its contractor must by rule or contract establish |
terms or conditions that must be met by pharmacy providers |
desiring to contract with the Department or its contractor. If |
a pharmacy licensed under Section 15 of the Pharmacy Practice |
Act of 1987 rejects the terms and conditions established, the |
Department or its contractor may offer other terms and |
conditions necessary to comply with the network adequacy |
requirements. |
(c) Notwithstanding the provisions of subsection (a) of |
this Section, the Department or its contractor may not refuse |
to contract with a pharmacy licensed under Section 15 of the |
Pharmacy Practice Act of 1987 that meets the terms and |
conditions established by the Department or its contractor |
under subsection (a) or (b) of this Section.
|
(Source: P.A. 93-1036, eff. 9-14-04.)
|
|
Section 40. The Illinois Insurance Code is amended by |
changing Section 512-7 as follows:
|
(215 ILCS 5/512-7) (from Ch. 73, par. 1065.59-7)
|
Sec. 512-7. Contractual provisions.
|
(a) Any agreement or contract entered into in this State |
between the
administrator of a program and a pharmacy shall |
include a statement of the
method and amount of reimbursement |
to the pharmacy for services rendered to
persons enrolled in |
the program, the frequency of payment by the program
|
administrator to the pharmacy for those services, and a method |
for the
adjudication of complaints and the settlement of |
disputes between the
contracting parties.
|
(b)(1) A program shall provide an annual period of at least |
30 days
during which any pharmacy licensed under the |
Pharmacy Practice Act of 1987
may elect to participate in |
the program under the program terms for at
least one year.
|
(2) If compliance with the requirements of this |
subsection (b) would
impair any provision of a contract |
between a program and any other person,
and if the contract |
provision was in existence before January 1, 1990,
then |
immediately after the expiration of those contract |
provisions the
program shall comply with the requirements |
of this subsection (b).
|
(3) This subsection (b) does not apply if:
|
|
(A) the program administrator is a licensed health |
maintenance
organization that owns or controls a |
pharmacy and that enters into an
agreement or contract |
with that pharmacy in accordance with subsection (a); |
or
|
(B) the program administrator is a licensed health |
maintenance
organization that is owned or controlled |
by another entity that also owns
or controls a |
pharmacy, and the administrator enters into an |
agreement or
contract with that pharmacy in accordance |
with subsection (a).
|
(4) This subsection (b) shall be inoperative after |
October 31,
1992.
|
(c) The program administrator shall cause to be issued an |
identification
card to each person enrolled in the program. The |
identification card
shall include:
|
(1) the name of the individual enrolled in the program; |
and
|
(2) an expiration date if required under the |
contractual arrangement or
agreement between a provider of |
pharmaceutical services and prescription
drug products and |
the third party prescription program administrator.
|
(Source: P.A. 86-473; 87-254.)
|
Section 45. The Health Maintenance Organization Act is |
amended by changing Section 2-3.1 as follows:
|
|
(215 ILCS 125/2-3.1) (from Ch. 111 1/2, par. 1405.1)
|
Sec. 2-3.1. (a) No health maintenance organization shall |
cause to be
dispensed any drug other than that prescribed by a |
physician. Nothing
herein shall prohibit drug product |
selection under Section 3.14 of the
"Illinois Food, Drug
and |
Cosmetic Act", approved June 29, 1967, as amended, and in |
accordance
with the requirements of Section 25 of the "Pharmacy |
Practice Act of 1987",
approved September 24, 1987, as amended.
|
(b) No health maintenance organization shall include in any |
contract
with any physician providing for health care services |
any provision
requiring such physician to prescribe any |
particular drug product to any
enrollee unless the enrollee is |
a hospital in-patient where such drug product
may be permitted |
pursuant
to written guidelines or procedures previously |
established by a
pharmaceutical or therapeutics committee of a |
hospital, approved by the
medical staff of such hospital and |
specifically approved, in writing, by
the prescribing |
physician for his or her patients in such hospital, and
unless |
it is compounded, dispensed or sold by a
pharmacy located in a |
hospital, as defined in Section 3 of the Hospital
Licensing Act |
or a hospital organized under "An Act in relation to the
|
founding and operation of the University of Illinois Hospital |
and the
conduct of University of Illinois health care |
programs", approved July 3,
1931, as amended.
|
(Source: P.A. 85-1246.)
|
|
Section 50. The Illinois Dental Practice Act is amended by |
changing Section 51 as follows:
|
(225 ILCS 25/51) (from Ch. 111, par. 2351)
|
(Section scheduled to be repealed on January 1, 2016)
|
Sec. 51. Dispensing Drugs or Medicine. Any dentist who |
dispenses any drug
or medicine shall dispense such drug or |
medicine in good faith and shall
affix to the box, bottle, |
vessel or package containing the same a label
indicating:
|
(a) the date on which such drug or medicine is dispensed;
|
(b) the name of the patient;
|
(c) the last name of the person dispensing such drug or |
medicine;
|
(d) the directions for use thereof; and
|
(e) the proprietary name or names or the established
name |
or names of the drug or medicine, the dosage and quantity, |
except as
otherwise authorized by regulation of the Department.
|
This Section shall not apply to drugs and medicines in a |
package
which bears a label of the manufacturer containing |
information describing
its contents which is in compliance with |
requirements of the Federal Food,
Drug, and Cosmetic Act and |
the Illinois Food, Drug, and Cosmetic Act and
which is |
dispensed without consideration by a dentist.
"Drug" and |
"medicine" have the meanings ascribed to them in the Pharmacy
|
Practice Act of 1987, as now or hereafter amended;
"good faith" |
|
has the meaning ascribed to it in subsection (v) of Section
102 |
of the "Illinois Controlled Substances Act", as amended.
|
(Source: P.A. 85-1209.)
|
Section 55. The Health Care Worker Self-Referral Act is |
amended by changing Section 15 as follows:
|
(225 ILCS 47/15)
|
Sec. 15. Definitions. In this Act:
|
(a) "Board" means the Health Facilities Planning Board.
|
(b) "Entity" means any individual, partnership, firm, |
corporation, or
other business that provides health services |
but does not include an
individual who is a health care worker |
who provides professional services
to an individual.
|
(c) "Group practice" means a group of 2 or more health care |
workers
legally organized as a partnership, professional |
corporation,
not-for-profit corporation, faculty
practice plan |
or a similar association in which:
|
(1) each health care worker who is a member or employee |
or an
independent contractor of the group provides
|
substantially the full range of services that the health |
care worker
routinely provides, including consultation, |
diagnosis, or treatment,
through the use of office space, |
facilities, equipment, or personnel of the
group;
|
(2) the services of the health care workers
are |
provided through the group, and payments received for |
|
health
services are treated as receipts of the group; and
|
(3) the overhead expenses and the income from the |
practice are
distributed by methods previously determined |
by the group.
|
(d) "Health care worker" means any individual licensed |
under the laws of
this State to provide health services, |
including but not limited to:
dentists licensed under the |
Illinois Dental Practice Act; dental hygienists
licensed under |
the Illinois Dental Practice Act; nurses and advanced practice
|
nurses licensed under the Nursing and Advanced Practice Nursing |
Act;
occupational therapists licensed under
the
Illinois |
Occupational Therapy Practice Act; optometrists licensed under |
the
Illinois Optometric Practice Act of 1987; pharmacists |
licensed under the
Pharmacy Practice Act of 1987; physical |
therapists licensed under the
Illinois Physical Therapy Act; |
physicians licensed under the Medical
Practice Act of 1987; |
physician assistants licensed under the Physician
Assistant |
Practice Act of 1987; podiatrists licensed under the Podiatric
|
Medical Practice Act of 1987; clinical psychologists licensed |
under the
Clinical Psychologist Licensing Act; clinical social |
workers licensed under
the Clinical Social Work and Social Work |
Practice Act; speech-language
pathologists and audiologists |
licensed under the Illinois Speech-Language
Pathology and |
Audiology Practice Act; or hearing instrument
dispensers |
licensed
under the Hearing Instrument Consumer Protection Act, |
or any of
their successor Acts.
|
|
(e) "Health services" means health care procedures and |
services
provided by or through a health care worker.
|
(f) "Immediate family member" means a health care worker's |
spouse,
child, child's spouse, or a parent.
|
(g) "Investment interest" means an equity or debt security |
issued by an
entity, including, without limitation, shares of |
stock in a corporation,
units or other interests in a |
partnership, bonds, debentures, notes, or
other equity |
interests or debt instruments except that investment interest
|
for purposes of Section 20 does not include interest in a |
hospital licensed
under the laws of the State of Illinois.
|
(h) "Investor" means an individual or entity directly or |
indirectly
owning a legal or beneficial ownership or investment |
interest, (such as
through an immediate family member, trust, |
or another entity related to the investor).
|
(i) "Office practice" includes the facility or facilities |
at which a health
care worker, on an ongoing basis, provides or |
supervises the provision of
professional health services to |
individuals.
|
(j) "Referral" means any referral of a patient for health |
services,
including, without limitation:
|
(1) The forwarding of a patient by one health care |
worker to another
health care worker or to an entity |
outside the health care worker's office
practice or group |
practice that provides health services.
|
(2) The request or establishment by a health care
|
|
worker of a plan of care outside the health care worker's |
office practice
or group practice
that includes the |
provision of any health services.
|
(Source: P.A. 89-72, eff. 12-31-95; 90-742, eff. 8-13-98.)
|
Section 60. The Medical Practice Act of 1987 is amended by |
changing Section 33 as follows:
|
(225 ILCS 60/33) (from Ch. 111, par. 4400-33)
|
(Section scheduled to be repealed on December 31, 2008)
|
Sec. 33. Any person licensed under this Act to practice |
medicine in all
of its branches shall be authorized to purchase |
legend drugs requiring an
order of a person authorized to |
prescribe drugs, and to dispense such legend
drugs in the |
regular course of practicing medicine. The dispensing of such
|
legend drugs shall be the personal act of the person licensed |
under this
Act and may not be delegated to any other person not |
licensed under this
Act or the Pharmacy Practice Act of 1987
|
unless such delegated
dispensing functions are under the direct |
supervision of the physician
authorized to dispense legend |
drugs. Except when dispensing manufacturers'
samples or other |
legend drugs in a maximum 72 hour supply, persons licensed
|
under this Act shall maintain a book or file of prescriptions |
as required
in the Pharmacy Practice Act of 1987. Any person |
licensed under this
Act who dispenses any drug or medicine |
shall dispense such drug or
medicine in good faith and shall |
|
affix to the box, bottle,
vessel or package containing the same |
a label indicating (a)
the date on which such drug or medicine |
is dispensed; (b)
the name of the patient; (c) the last name of |
the person
dispensing such drug or medicine; (d) the directions |
for use
thereof; and (e) the proprietary name or names or, if |
there
are none, the established name or names of the drug or
|
medicine, the dosage and quantity, except as otherwise
|
authorized by regulation of the Department of Professional |
Regulation.
The foregoing labeling requirements shall
not |
apply to drugs or medicines in a package which bears a label of |
the
manufacturer containing information describing its |
contents
which is in compliance with requirements of the |
Federal
Food, Drug, and Cosmetic Act and the Illinois Food, |
Drug, and Cosmetic Act.
"Drug" and "medicine" have the meaning |
ascribed to them in the Pharmacy Practice
Act of 1987, as now |
or hereafter amended; "good faith" has the meaning
ascribed to |
it in subsection (v) of Section 102 of the "Illinois Controlled
|
Substances Act", approved August 16, 1971, as amended.
|
Prior to dispensing a prescription to a patient, the |
physician shall
offer a written prescription to the patient |
which the patient may elect to
have filled by the physician or |
any licensed pharmacy.
|
A violation of any provision of this Section shall |
constitute a violation
of this Act and shall be grounds for |
disciplinary action provided for in
this Act.
|
(Source: P.A. 85-1209.)
|
|
Section 65. The Illinois Optometric Practice Act of 1987 is |
amended by changing Section 3 as follows:
|
(225 ILCS 80/3) (from Ch. 111, par. 3903)
|
(Section scheduled to be repealed on January 1, 2017)
|
Sec. 3. Practice of optometry defined; referrals; |
manufacture of lenses
and prisms.
|
(a) The practice of optometry is defined as the employment |
of any
and all means for the examination, diagnosis, and |
treatment of the human
visual system, the human eye, and its |
appendages without the use of
surgery, including but not |
limited to: the appropriate
use of ocular
pharmaceutical |
agents; refraction and other determinants of visual function;
|
prescribing corrective lenses or prisms; prescribing, |
dispensing, or management
of contact lenses; vision therapy; |
visual rehabilitation; or any other
procedures taught in |
schools and colleges of optometry approved by the
Department, |
and not specifically restricted in this Act, subject to
|
demonstrated competency and training as required by the Board, |
and pursuant
to rule or regulation approved by the Board and |
adopted by
the Department.
|
A person shall be deemed to be practicing optometry within |
the meaning of
this Act who:
|
(1) In any way presents himself or herself to be |
qualified to
practice optometry.
|
|
(2) Performs refractions or employs any other |
determinants of
visual function.
|
(3) Employs any means for the adaptation of lenses or |
prisms.
|
(4) Prescribes corrective lenses, prisms, vision |
therapy,
visual rehabilitation, or ocular pharmaceutical |
agents.
|
(5) Prescribes or manages contact lenses for |
refractive,
cosmetic, or therapeutic purposes.
|
(6) Evaluates the need for, or prescribes, low vision |
aids to
partially sighted persons.
|
(7) Diagnoses or treats any ocular abnormality, |
disease, or
visual or muscular anomaly of the human eye or |
visual system.
|
(8) Practices, or offers or attempts to practice, |
optometry as defined in
this Act either on his or her own |
behalf or as an employee
of a person, firm,
or corporation, |
whether under the supervision of his or her employer or |
not.
|
Nothing in this Section shall be interpreted (i) to prevent |
a person from
functioning as an assistant under the direct |
supervision of a person licensed
by the State of Illinois to |
practice optometry or medicine in all of its
branches or (ii) |
to prohibit visual screening programs that
are conducted |
without a fee (other than voluntary donations), by
charitable |
organizations
acting in the public welfare under
the |
|
supervision of a committee composed of persons licensed by the |
State of
Illinois to practice optometry or persons licensed by |
the State of Illinois
to practice medicine in all of its |
branches.
|
(b) When, in the course of providing optometric services to |
any person,
an optometrist licensed under this Act finds an |
indication of a disease or
condition of the eye which in his or |
her professional judgment requires
professional service |
outside the scope of practice as defined in this Act,
he or she |
shall refer such person to a physician licensed to practice |
medicine
in all of its branches, or other appropriate health |
care practitioner.
Nothing in this Act shall preclude an |
optometrist from rendering appropriate nonsurgical
emergency |
care.
|
(c) Nothing contained in this Section shall prohibit a |
person from
manufacturing ophthalmic lenses and prisms or the |
fabrication
of contact lenses according to the specifications |
prescribed by an optometrist
or a physician licensed to |
practice medicine in all of its branches, but shall
|
specifically prohibit the sale or delivery of ophthalmic
|
lenses, prisms, and contact lenses without a prescription |
signed by an
optometrist or a physician licensed to practice |
medicine in all of its
branches.
|
(d) Nothing in this Act shall restrict the filling of a |
prescription by a
pharmacist licensed under the Pharmacy |
Practice Act of 1987.
|
|
(Source: P.A. 94-787, eff. 5-19-06.)
|
Section 70. The Pharmacy Practice Act of 1987 is amended by |
changing Sections 2, 3, 5, 6, 7, 7.5, 8, 9, 10, 11, 12, 13, 15, |
16, 16a, 17, 17.1, 18, 19, 20, 22, 22a, 25, 26, 27, 30, 35.1, |
35.2, 35.5, 35.7, 35.10, 35.12, 35.16, and 35.19 and by adding |
Sections 2.5, 9.5, 14.1, 16b, 22b, 25.5, 25.10, 25.15, and |
25.20 as follows:
|
(225 ILCS 85/2) (from Ch. 111, par. 4122)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 2. This Act shall be known as the "Pharmacy Practice |
Act of 1987". |
(Source: P.A. 85-796.)
|
(225 ILCS 85/2.5 new)
|
Sec. 2.5. References to Department or Director of |
Professional Regulation. References in this Act (i) to the |
Department of Professional Regulation are deemed, in |
appropriate contexts, to be references to the Department of |
Financial and Professional Regulation and (ii) to the Director |
of Professional Regulation are deemed, in appropriate |
contexts, to be references to the Secretary of Financial and |
Professional Regulation.
|
(225 ILCS 85/3) (from Ch. 111, par. 4123)
|
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 3. Definitions. For the purpose of this Act, except |
where otherwise
limited therein:
|
(a) "Pharmacy" or "drugstore" means and includes every |
store, shop,
pharmacy department, or other place where |
pharmacist
pharmaceutical care is
provided
by a pharmacist (1) |
where drugs, medicines, or poisons are
dispensed, sold or
|
offered for sale at retail, or displayed for sale at retail; or
|
(2)
where
prescriptions of physicians, dentists, advanced |
practice nurses, physician assistants, veterinarians, |
podiatrists, or
therapeutically certified optometrists, within |
the limits of their
licenses, are
compounded, filled, or |
dispensed; or (3) which has upon it or
displayed within
it, or |
affixed to or used in connection with it, a sign bearing the |
word or
words "Pharmacist", "Druggist", "Pharmacy", |
"Pharmaceutical
Care", "Apothecary", "Drugstore",
"Medicine |
Store", "Prescriptions", "Drugs", "Dispensary", "Medicines", |
or any word
or words of similar or like import, either in the |
English language
or any other language; or (4) where the |
characteristic prescription
sign (Rx) or similar design is |
exhibited; or (5) any store, or
shop,
or other place with |
respect to which any of the above words, objects,
signs or |
designs are used in any advertisement.
|
(b) "Drugs" means and includes (l) articles recognized
in |
the official United States Pharmacopoeia/National Formulary |
(USP/NF),
or any supplement thereto and being intended for and |
|
having for their
main use the diagnosis, cure, mitigation, |
treatment or prevention of
disease in man or other animals, as |
approved by the United States Food and
Drug Administration, but |
does not include devices or their components, parts,
or |
accessories; and (2) all other articles intended
for and having |
for their main use the diagnosis, cure, mitigation,
treatment |
or prevention of disease in man or other animals, as approved
|
by the United States Food and Drug Administration, but does not |
include
devices or their components, parts, or accessories; and |
(3) articles
(other than food) having for their main use and |
intended
to affect the structure or any function of the body of |
man or other
animals; and (4) articles having for their main |
use and intended
for use as a component or any articles |
specified in clause (l), (2)
or (3); but does not include |
devices or their components, parts or
accessories.
|
(c) "Medicines" means and includes all drugs intended for
|
human or veterinary use approved by the United States Food and |
Drug
Administration.
|
(d) "Practice of pharmacy" means (1) the interpretation and |
the provision of assistance in the monitoring, evaluation, and |
implementation of prescription drug orders; (2) the dispensing |
of prescription drug orders; (3) participation in drug and |
device selection; (4) drug administration limited to the |
administration of oral, topical, injectable, and inhalation as |
follows: in the context of patient education on the proper use |
or delivery of medications; vaccination of patients 14 years of |
|
age and older pursuant to a valid prescription or standing |
order, by a physician licensed to practice medicine in all its |
branches, upon completion of appropriate training, including |
how to address contraindications and adverse reactions set |
forth by rule, with notification to the patient's physician and |
appropriate record retention, or pursuant to hospital pharmacy |
and therapeutics committee policies and procedures; (5) drug |
regimen review; (6) drug or drug-related research; (7) the |
provision of patient counseling; (8) the practice of |
telepharmacy; (9) the provision of those acts or services |
necessary to provide pharmacist care; (10) medication therapy |
management; and (11) the responsibility for compounding and |
labeling of drugs and devices (except labeling by a |
manufacturer, repackager, or distributor of non-prescription |
drugs and commercially packaged legend drugs and devices), |
proper and safe storage of drugs and devices, and maintenance |
of required records. A pharmacist who performs any of the acts |
defined as the practice of pharmacy in this State must be |
actively licensed as a pharmacist under this Act.
means the |
provision of pharmaceutical care to
patients as determined by |
the pharmacist's professional judgment in the
following areas,
|
which may include but are not limited to (1) patient
|
counseling, (2)
interpretation and assisting in the monitoring |
of appropriate drug use and
prospective drug utilization |
review, (3) providing information on the
therapeutic values, |
reactions, drug interactions, side effects, uses, selection
of |
|
medications and medical devices, and outcome of drug therapy, |
(4)
participation in drug selection, drug monitoring, drug |
utilization review,
evaluation, administration, |
interpretation, application of
pharmacokinetic and
laboratory |
data to design safe and effective drug
regimens, (5) drug |
research
(clinical and scientific), and (6) compounding and |
dispensing of drugs and medical
devices.
|
(e) "Prescription" means and includes any written, oral, |
facsimile, or
electronically transmitted order for drugs
or |
medical devices, issued by a physician licensed to practice |
medicine in
all its branches, dentist, veterinarian, or |
podiatrist, or therapeutically
certified
optometrist, within |
the
limits of their licenses, by a physician assistant in |
accordance with
subsection (f) of Section 4, or by an advanced |
practice nurse in
accordance with subsection (g) of Section 4, |
containing the
following: (l) name
of the patient; (2) date |
when prescription was issued; (3) name
and strength of drug or |
description of the medical device prescribed;
and (4) quantity, |
(5) directions for use, (6) prescriber's name,
address
and |
signature, and (7) DEA number where required, for controlled
|
substances.
DEA numbers shall not be required on inpatient drug |
orders.
|
(f) "Person" means and includes a natural person, |
copartnership,
association, corporation, government entity, or |
any other legal
entity.
|
(g) "Department" means the Department of Financial and
|
|
Professional Regulation.
|
(h) "Board of Pharmacy" or "Board" means the State Board
of |
Pharmacy of the Department of Financial and Professional |
Regulation.
|
(i) "Secretary"
"Director" means the Secretary
Director of |
Financial and Professional Regulation.
|
(j) "Drug product selection" means the interchange for a
|
prescribed pharmaceutical product in accordance with Section |
25 of
this Act and Section 3.14 of the Illinois Food, Drug and |
Cosmetic Act.
|
(k) "Inpatient drug order" means an order issued by an |
authorized
prescriber for a resident or patient of a facility |
licensed under the
Nursing Home Care Act or the Hospital |
Licensing Act, or "An Act in relation to
the founding and |
operation of the University of Illinois Hospital and the
|
conduct of University of Illinois health care programs", |
approved July 3, 1931,
as amended, or a facility which is |
operated by the Department of Human
Services (as successor to |
the Department of Mental Health
and Developmental |
Disabilities) or the Department of Corrections.
|
(k-5) "Pharmacist" means an individual health care |
professional and
provider currently licensed by this State to |
engage in the practice of
pharmacy.
|
(l) "Pharmacist in charge" means the licensed pharmacist |
whose name appears
on a pharmacy license and who is responsible |
for all aspects of the
operation related to the practice of |
|
pharmacy.
|
(m) "Dispense" or "dispensing" means the interpretation, |
evaluation, and implementation of a prescription drug order, |
including the preparation and delivery of a drug or device to a |
patient or patient's agent in a suitable container |
appropriately labeled for subsequent administration to or use |
by a patient in accordance with applicable State and federal |
laws and regulations.
delivery of drugs and medical devices, in
|
accordance with applicable State and federal laws and |
regulations, to the
patient or the patient's representative |
authorized to receive these products,
including the |
preparation, compounding, packaging, and labeling necessary |
for delivery, computer entry, and verification of medication |
orders and prescriptions, and
any recommending or advising |
concerning the contents and therapeutic values and
uses |
thereof. "Dispense" or "dispensing" does not mean the physical |
delivery to a patient or a
patient's representative in a home |
or institution by a designee of a pharmacist
or by common |
carrier. "Dispense" or "dispensing" also does not mean the |
physical delivery
of a drug or medical device to a patient or |
patient's representative by a
pharmacist's designee within a |
pharmacy or drugstore while the pharmacist is
on duty and the |
pharmacy is open.
|
(n) "Nonresident pharmacy"
"Mail-order pharmacy" means a |
pharmacy that is located in a state, commonwealth, or territory
|
of the United States, other than Illinois, that delivers, |
|
dispenses, or
distributes, through the United States Postal |
Service, commercially acceptable parcel delivery service, or |
other common
carrier, to Illinois residents, any substance |
which requires a prescription.
|
(o) "Compounding" means the preparation and mixing of |
components, excluding flavorings, (1) as the result of a |
prescriber's prescription drug order or initiative based on the |
prescriber-patient-pharmacist relationship in the course of |
professional practice or (2) for the purpose of, or incident |
to, research, teaching, or chemical analysis and not for sale |
or dispensing. "Compounding" includes the preparation of drugs |
or devices in anticipation of receiving prescription drug |
orders based on routine, regularly observed dispensing |
patterns. Commercially available products may be compounded |
for dispensing to individual patients only if all of the |
following conditions are met: (i) the commercial product is not |
reasonably available from normal distribution channels in a |
timely manner to meet the patient's needs and (ii) the |
prescribing practitioner has requested that the drug be |
compounded. , mixing, assembling,
packaging, or labeling of a |
drug or medical device: (1) as the result of a
practitioner's |
prescription drug order or initiative that is dispensed |
pursuant
to a prescription in the course of professional |
practice; or (2) for the
purpose of, or incident to, research, |
teaching, or chemical analysis; or (3) in anticipation of |
prescription drug orders
based on routine, regularly observed |
|
prescribing patterns.
|
(p) (Blank).
"Confidential information" means information,
|
maintained by the
pharmacist in the patient's records, released |
only (i) to the patient or,
as the patient directs, to other |
practitioners and other pharmacists or (ii)
to any other person |
authorized by law to receive the
information.
|
(q) (Blank).
"Prospective drug review" or "drug |
utilization evaluation" means a
screening for potential drug |
therapy problems due to
therapeutic duplication, drug-disease |
contraindications, drug-drug
interactions (including serious |
interactions with nonprescription or
over-the-counter drugs), |
drug-food interactions, incorrect drug dosage
or duration of |
drug
treatment, drug-allergy interactions, and clinical abuse |
or misuse.
|
(r) "Patient counseling" means the communication between a |
pharmacist or a pharmacy intern under the supervision of a |
pharmacist and a patient or the patient's representative about |
the patient's medication or device for the purpose of |
optimizing proper use of prescription medications or devices. |
"Patient counseling" may include without limitation (1) |
obtaining a medication history; (2) acquiring a patient's |
allergies and health conditions; (3) facilitation of the |
patient's understanding of the intended use of the medication; |
(4) proper directions for use; (5) significant potential |
adverse events; (6) potential food-drug interactions; and (7) |
the need to be compliant with the medication therapy. A |
|
pharmacy technician may only participate in the following |
aspects of patient counseling under the supervision of a |
pharmacist: (1) obtaining medication history; (2) providing |
the offer for counseling by a pharmacist or intern; and (3) |
acquiring a patient's allergies and health conditions.
or
a |
student pharmacist under the direct supervision of a pharmacist |
and a
patient or the patient's representative about the |
patient's medication or
device for the purpose of optimizing |
proper use of prescription medications
or devices. The offer to |
counsel by the pharmacist or the pharmacist's
designee, and |
subsequent patient counseling by the pharmacist or student
|
pharmacist, shall be made in a face-to-face communication with |
the patient
or patient's representative unless, in the |
professional judgment of the
pharmacist, a face-to-face |
communication is deemed inappropriate or
unnecessary. In that |
instance, the offer to counsel or patient counseling may
be |
made in a written communication, by telephone, or in a manner |
determined by
the pharmacist to be appropriate.
|
(s) "Patient profiles" or "patient drug therapy record" |
means the
obtaining, recording, and maintenance of patient |
prescription
information, including prescriptions for |
controlled substances, and
personal information.
|
(t) (Blank).
"Pharmaceutical care" includes, but is not |
limited to, the act of
monitoring drug use and other patient |
care services intended to achieve
outcomes that improve the |
patient's quality of life but shall not include
the sale of |
|
over-the-counter drugs by a seller of goods and services who
|
does not dispense prescription drugs.
|
(u) "Medical device" means an instrument, apparatus, |
implement, machine,
contrivance, implant, in vitro reagent, or |
other similar or related article,
including any component part |
or accessory, required under federal law to
bear the label |
"Caution: Federal law requires dispensing by or on the order
of |
a physician". A seller of goods and services who, only for the |
purpose of
retail sales, compounds, sells, rents, or leases |
medical devices shall not,
by reasons thereof, be required to |
be a licensed pharmacy.
|
(v) "Unique identifier" means an electronic signature, |
handwritten
signature or initials, thumb print, or other |
acceptable individual biometric
or electronic identification |
process as approved by the Department.
|
(w) "Current usual and customary retail price" means the |
actual price that a pharmacy charges to a non-third-party payor
|
a retail purchaser.
|
(x) "Automated pharmacy system" means a mechanical system |
located within the confines of the pharmacy or remote location |
that performs operations or activities, other than compounding |
or administration, relative to storage, packaging, dispensing, |
or distribution of medication, and which collects, controls, |
and maintains all transaction information. |
(y) "Drug regimen review" means and includes the evaluation |
of prescription drug orders and patient records for (1)
known |
|
allergies; (2) drug or potential therapy contraindications;
|
(3) reasonable dose, duration of use, and route of |
administration, taking into consideration factors such as age, |
gender, and contraindications; (4) reasonable directions for |
use; (5) potential or actual adverse drug reactions; (6) |
drug-drug interactions; (7) drug-food interactions; (8) |
drug-disease contraindications; (9) therapeutic duplication; |
(10) patient laboratory values when authorized and available; |
(11) proper utilization (including over or under utilization) |
and optimum therapeutic outcomes; and (12) abuse and misuse.
|
(z) "Electronic transmission prescription" means any |
prescription order for which a facsimile or electronic image of |
the order is electronically transmitted from a licensed |
prescriber to a pharmacy. "Electronic transmission |
prescription" includes both data and image prescriptions.
|
(aa) "Medication therapy management services" means a |
distinct service or group of services offered by licensed |
pharmacists, physicians licensed to practice medicine in all |
its branches, advanced practice nurses authorized in a written |
agreement with a physician licensed to practice medicine in all |
its branches, or physician assistants authorized in guidelines |
by a supervising physician that optimize therapeutic outcomes |
for individual patients through improved medication use. In a |
retail or other non-hospital pharmacy, medication therapy |
management services shall consist of the evaluation of |
prescription drug orders and patient medication records to |
|
resolve conflicts with the following: |
(1) known allergies; |
(2) drug or potential therapy contraindications; |
(3) reasonable dose, duration of use, and route of |
administration, taking into consideration factors such as |
age, gender, and contraindications; |
(4) reasonable directions for use; |
(5) potential or actual adverse drug reactions; |
(6) drug-drug interactions; |
(7) drug-food interactions; |
(8) drug-disease contraindications; |
(9) identification of therapeutic duplication; |
(10) patient laboratory values when authorized and |
available; |
(11) proper utilization (including over or under |
utilization) and optimum therapeutic outcomes; and |
(12) drug abuse and misuse. |
"Medication therapy management services" includes the |
following: |
(1) documenting the services delivered and |
communicating the information provided to patients' |
prescribers within an appropriate time frame, not to exceed |
48 hours; |
(2) providing patient counseling designed to enhance a |
patient's understanding and the appropriate use of his or |
her medications; and |
|
(3) providing information, support services, and |
resources designed to enhance a patient's adherence with |
his or her prescribed therapeutic regimens.
|
"Medication therapy management services" may also include |
patient care functions authorized by a physician licensed to |
practice medicine in all its branches for his or her identified |
patient or groups of patients under specified conditions or |
limitations in a standing order from the physician. |
"Medication therapy management services" in a licensed |
hospital may also include the following: |
(1) reviewing assessments of the patient's health |
status; and |
(2) following protocols of a hospital pharmacy and |
therapeutics committee with respect to the fulfillment of |
medication orders.
|
(bb) "Pharmacist care" means the provision by a pharmacist |
of medication therapy management services, with or without the |
dispensing of drugs or devices, intended to achieve outcomes |
that improve patient health, quality of life, and comfort and |
enhance patient sa |