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Public Act 92-0880
HB2463 Enrolled LRB9206282LBmg
AN ACT concerning the regulation of professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Pharmacy Practice Act of 1987 is amended
by changing Sections 3, 10, 14, 15, 18, 19, 22, 27, and 30
and adding Section 17.1 as follows:
(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(Section scheduled to be repealed on January 1, 2008)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
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, 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", "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 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 Professional
Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Professional Regulation.
(i) "Director" means the Director of 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 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" means the 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 compounding, packaging, and labeling necessary
for delivery, and any recommending or advising concerning the
contents and therapeutic values and uses thereof. "Dispense"
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"
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) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
(o) "Compounding" means the preparation, 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) "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) "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 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 and personal information.
(t) "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.
(Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff.
7-30-98; 90-742, eff. 8-13-98.)
(225 ILCS 85/10) (from Ch. 111, par. 4130)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10. State Board of Pharmacy. There is created in the
Department the State Board of Pharmacy. It shall consist of
9 members, 7 of whom shall be licensed pharmacists. Each of
those 7 members must be a licensed pharmacist in good
standing in this State, a graduate of an accredited college
of pharmacy or hold a Bachelor of Science degree in Pharmacy
and have at least 5 years' practical experience in the
practice of pharmacy subsequent to the date of his licensure
as a licensed pharmacist in the State of Illinois. There
shall be 2 public members, who shall be voting members, who
shall not be licensed pharmacists in this State or any other
state.
Each member shall be appointed by the Governor.
The terms of all members serving as of March 31, 1999
shall expire on that date. The Governor shall appoint 3
persons to serve one-year terms, 3 persons to serve 3-year
terms, and 3 persons to serve 5-year terms to begin April 1,
1999. Otherwise, members shall be appointed to 5 year terms.
No member shall be eligible to serve more than 12 consecutive
years.
In making the appointment of members on the Board, the
Governor shall give due consideration to recommendations by
the members of the profession of pharmacy and by
pharmaceutical organizations therein. The Governor shall
notify the pharmaceutical organizations promptly of any
vacancy of members on the Board and in appointing members
shall give consideration to individuals engaged in all types
and settings of pharmacy practice.
The Governor may remove any member of the Board for
misconduct, incapacity or neglect of duty and he shall be the
sole judge of the sufficiency of the cause for removal.
Every person appointed a member of the Board shall take
and subscribe the constitutional oath of office and file it
with the Secretary of State. Each member of the Board shall
be reimbursed for such actual and legitimate expenses as he
may incur in going to and from the place of meeting and
remaining thereat during sessions of the Board. In addition,
each member of the Board shall receive a per diem payment in
an amount determined from time to time by the Director for
attendance at meetings of the Board and conducting other
official business of the Board.
The Board shall hold quarterly meetings and an annual
meeting in January of each year and such other meetings at
such times and places and upon such notice as the Board may
determine and as its business may require. Five members of
the Board shall constitute a quorum for the transaction of
business. The Director shall appoint a pharmacy coordinator,
who shall be someone other than a member of the Board. The
pharmacy coordinator shall be a registered pharmacist in good
standing in this State, shall be a graduate of an accredited
college of pharmacy, or hold at a minimum a Bachelor of
Science degree in Pharmacy and shall have at least 5 years'
experience in the practice of pharmacy immediately prior to
his appointment. The pharmacy coordinator shall be the
executive administrator and the chief enforcement officer of
the Pharmacy Practice Act of 1987.
The Board shall exercise the rights, powers and duties
which have been vested in the Board under this Act, and any
other duties conferred upon the Board by law.
The Director shall, in conformity with the Personnel
Code, employ not less than 7 pharmacy investigators and 2
pharmacy supervisors. Each pharmacy investigator and each
supervisor shall be a registered pharmacist in good standing
in this State, and shall be a graduate of an accredited
college of pharmacy and have at least 5 years of experience
in the practice of pharmacy. The Department shall also
employ at least one attorney who is a pharmacist to prosecute
violations of this Act and its rules. The Department may, in
conformity with the Personnel Code, employ such clerical and
other employees as are necessary to carry out the duties of
the Board.
The duly authorized pharmacy investigators of the
Department shall have the right to enter and inspect during
business hours any pharmacy or any other place in the State
of Illinois holding itself out to be a pharmacy where
medicines or drugs or drug products or proprietary medicines
are sold, offered for sale, exposed for sale, or kept for
sale. The pharmacy investigators shall be the only
Department investigators authorized to inspect, investigate,
and monitor probation compliance of pharmacists, and
pharmacies, and pharmacy technicians.
(Source: P.A. 91-827, eff. 6-13-00; 92-651, eff. 7-11-02.)
(225 ILCS 85/14) (from Ch. 111, par. 4134)
(Section scheduled to be repealed on January 1, 2008)
Sec. 14. Structural and equipment requirements. No person
shall establish or move to a new location any pharmacy unless
the pharmacy is licensed with the Department and has on file
with the Department a verified statement that:
(1) such pharmacy is or will be engaged in the
practice of pharmacy; and
(2) such pharmacy will have in stock and shall
maintain sufficient drugs and materials as to protect the
public it serves within 30 days after the issuance of the
registration of the pharmacy.
Division I, II, III, IV, or V pharmacies shall be in a
suitable, well-lighted and well-ventilated area with at least
300 square feet of clean and sanitary contiguous space and
shall be suitably equipped for compounding prescriptions,
storage of drugs and sale of drugs and to otherwise conduct
the practice of pharmacy. The space occupied shall be
equipped with a sink with hot and cold water or facilities
for heating water, proper sewage outlet, refrigeration
storage equipment, and such fixtures, facilities, drugs,
equipment and material, which shall include the current
editions of the United States Pharmacopoeia/DI, Facts and
Comparisons, or any other current compendium approved by the
Department, and other such reference works, as will enable a
pharmacist to practice pharmacy, including this Act and the
rules promulgated under this Act. Such pharmacy shall have
the following items: accurate weights of 0.5 gr. to 4 oz. and
20 mg to 100 Gm; and a prescription balance equipped with
balance indicator and with mechanical means of arresting the
oscillations of the mechanism and which balance shall be
sensitive to 0.5 grain (32 mg) or less or an alternative
weighing device as approved by the Department, and such other
measuring devices as may be necessary for the conduct of the
practice of pharmacy.
The provisions of this Section with regard to 300 square
feet of space shall apply to any pharmacy which is opened
after the effective date of this Act. Nothing shall require
a pharmacy in existence on the effective date of this Act
which is comprised of less than 300 square feet to provide
additional space to meet these requirements.
(Source: P.A. 90-253, eff. 7-29-97.)
(225 ILCS 85/15) (from Ch. 111, par. 4135)
(Section scheduled to be repealed on January 1, 2008)
Sec. 15. Pharmacy requirements. It shall be unlawful for
the owner of any pharmacy, as defined in this Act, to operate
or conduct the same, or to allow the same to be operated or
conducted, unless:
(a) It has a licensed pharmacist, authorized to practice
pharmacy in this State under the provisions of this Act, on
duty whenever the practice of pharmacy is conducted;
(b) Security provisions for all drugs and devices, as
determined by rule of the Department, are provided during the
absence from the licensed pharmacy of all licensed
pharmacists. Maintenance of security provisions is the
responsibility of the licensed registered pharmacist in
charge; and
(c) The pharmacy is licensed under this Act to do
business.
The Department shall, by rule, provide requirements for
each division of pharmacy license and shall, as well provide
guidelines for the designation of a registered pharmacist in
charge for each division.
Division I. Retail Licenses for pharmacies which are
open to, or offer pharmacy services to, the general public.
Division II. Licenses for pharmacies whose primary
pharmacy service is provided to patients or residents of
facilities 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, and which are
not located in the facilities they serve.
Division III. Licenses for pharmacies which are located
in 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,
and which provide pharmacy services to residents or patients
of the facility, as well as employees, prescribers and
students of the facility.
Division IV. Licenses for pharmacies which provide or
offer for sale radioactive materials.
Division V. Licenses for pharmacies which hold licenses
in Division II or Division III which also provide pharmacy
services to the general public, or pharmacies which are
located in or whose primary pharmacy service is to ambulatory
care facilities or schools of veterinary medicine or other
such institution or facility.
The Director may waive the requirement for a pharmacist
to be on duty at all times for State facilities not treating
human ailments.
It shall be unlawful for any person, who is not a
licensed pharmacy or health care facility, to purport to be
such or to use in name, title, or sign designating, or in
connection with that place of business, any of the words:
"pharmacy", "pharmacist", "pharmacy department",
"apothecary", "druggist", "drug", "drugs", "medicines",
"medicine store", "drug sundries", "prescriptions filled", or
any list of words indicating that drugs are compounded or
sold to the lay public, or prescriptions are dispensed
therein. Each day during which, or a part which, such
representation is made or appears or such a sign is allowed
to remain upon or in such a place of business shall
constitute a separate offense under this Act.
The holder of any license or certificate of registration
shall conspicuously display it in the pharmacy in which he is
engaged in the practice of pharmacy. The registered
pharmacist in charge shall conspicuously display his name in
such pharmacy. The pharmacy license shall also be
conspicuously displayed.
(Source: P.A. 89-507, eff. 7-1-97; 90-253, eff. 7-29-97.)
(225 ILCS 85/17.1 new)
(Section scheduled to be repealed on January 1, 2008)
Sec. 17.1. Pharmacy technician training.
(a) Beginning January 1, 2004, it shall be the joint
responsibility of a pharmacy and its pharmacist in charge to
have trained all of its pharmacy technicians or obtain proof
of prior training in all of the following topics as they
relate to the practice site:
(1) The duties and responsibilities of the
technicians and pharmacists.
(2) Tasks and technical skills, policies, and
procedures.
(3) Compounding, packaging, labeling, and storage.
(4) Pharmaceutical and medical terminology.
(5) Record keeping requirements.
(6) The ability to perform and apply arithmetic
calculations.
(b) Within 6 months after initial employment or changing
the duties and responsibilities of a pharmacy technician, it
shall be the joint responsibility of the pharmacy and the
pharmacist in charge to train the pharmacy technician or
obtain proof of prior training in the areas listed in
subsection (a) of this Section as they relate to the practice
site.
(c) All divisions of pharmacies shall maintain an
up-to-date training program describing the duties and
responsibilities of a pharmacy technician.
(d) All divisions of pharmacies shall create and
maintain retrievable records of training or proof of training
as required in this Section.
(225 ILCS 85/18) (from Ch. 111, par. 4138)
(Section scheduled to be repealed on January 1, 2008)
Sec. 18. Record retention. There shall be kept in every
drugstore or pharmacy a suitable book, file, or electronic
record keeping system in which shall be preserved for a
period of not less than 5 years the original of every written
prescription and the original transcript or copy of every
verbal prescription filled, compounded, or dispensed, in such
pharmacy; and such book or file of prescriptions shall at all
reasonable times be open to inspection to the pharmacy
coordinator and the duly authorized agents or employees of
the Department.
Every prescription filled or refilled shall contain the
unique identifier of the person authorized to practice
pharmacy under the provision of this Act who fills or refills
the prescription.
Records kept pursuant to this Section may be maintained
in an alternative data retention system, such as a direct
digital imaging system, provided that:
(1) the records maintained in the alternative data
retention system contain all of the information required
in a manual record;
(2) the data processing system is capable of
producing a hard copy of the electronic record on the
request of the Board, its representative, or other
authorized local, State, or federal law enforcement or
regulatory agency; and
(3) the digital images are recorded and stored only
by means of a technology that does not allow subsequent
revision or replacement of the images.
As used in this Section, "digital imaging system" means a
system, including people, machines, methods of organization,
and procedures, that provides input, storage, processing,
communications, output, and control functions for digitized
representations of original prescription records.
Inpatient drug orders may be maintained within an
institution in a manner approved by the Department.
(Source: P.A. 90-253, eff. 7-29-97.)
(225 ILCS 85/19) (from Ch. 111, par. 4139)
(Section scheduled to be repealed on January 1, 2008)
Sec. 19. Nothing contained in this Act shall be
construed to prohibit a pharmacist licensed in this State
from filling or refilling a valid prescription for
prescription drugs which is on file in a pharmacy licensed in
any state and has been transferred from one pharmacy to
another by any means, including by way of electronic data
processing equipment upon the following conditions and
exceptions:
(1) Prior to dispensing pursuant to any such
prescription, the dispensing pharmacist shall:
(a) Advise the patient that the prescription on
file at such other pharmacy must be canceled before he
will be able to fill or refill it.
(b) Determine that the prescription is valid and on
file at such other pharmacy and that such prescription
may be filled or refilled, as requested, in accordance
with the prescriber's intent expressed on such
prescription.
(c) Notify the pharmacy where the prescription is
on file that the prescription must be canceled.
(d) Record in writing the prescription order, the
name of the pharmacy at which the prescription was on
file, the prescription number, the name of the drug and
the original amount dispensed, the date of original
dispensing, and the number of remaining authorized
refills.
(e) Obtain the consent of the prescriber to the
refilling of the prescription when the prescription, in
the professional judgment of the dispensing pharmacist,
so requires. Any interference with the professional
judgment of the dispensing pharmacist by any other
registered pharmacist, his agents, or employees shall be
grounds for revocation or suspension of the permit issued
to the pharmacy.
(2) Upon receipt of a request for prescription
information set forth in subparagraph (d) of paragraph (1) of
this Section, if the requested pharmacist is satisfied in his
professional judgment that such request is valid and legal,
the requested pharmacist shall:
(a) Provide such information accurately and
completely.
(b) Record on the face of the prescription the name
of the requesting pharmacy and pharmacist and the date of
request.
(c) Cancel the prescription on file by writing the
word "void" on its face. No further prescription
information shall be given or medication dispensed
pursuant to such original prescription.
(3) In the event that, after the information set forth
in subparagraph (d) of paragraph (1) of this Section has been
provided, a prescription is not dispensed by the requesting
pharmacist, then such pharmacist shall provide notice of this
fact to the pharmacy from which such information was
obtained; such notice shall then cancel the prescription in
the same manner as set forth in subparagraph (c) of paragraph
(2) of this Section.
(4) When filling or refilling a valid prescription on
file in another state, the dispensing pharmacist shall be
required to follow all the requirements of Illinois law which
apply to the dispensing of prescription drugs. If anything
in Illinois law prevents the filling or refilling of the
original prescription it shall be unlawful to dispense
pursuant to this Section.
(5) Prescriptions for drugs in Schedules III, IV, and V
of the Illinois Controlled Substances Act may be transferred
only once and may not be further transferred.
(Source: P.A. 88-428.)
(225 ILCS 85/22) (from Ch. 111, par. 4142)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22. Except only in the case of a drug, medicine or
poison which is lawfully sold or dispensed, at retail, in the
original and unbroken package of the manufacturer, packer, or
distributor thereof, and which package bears the original
label thereon showing the name and address of the
manufacturer, packer, or distributor thereof, and the name of
the drug, medicine, or poison therein contained, and the
directions for its use, no person shall sell or dispense, at
retail, any drug, medicine, or poison, without affixing to
the box, bottle, vessel, or package containing the same, a
label bearing the name of the article distinctly shown, and
the directions for its use, with the name and address of the
pharmacy wherein the same is sold or dispensed. However, in
the case of a drug, medicine, or poison which is sold or
dispensed pursuant to a prescription of a physician licensed
to practice medicine in all of its branches, licensed
dentist, licensed veterinarian, licensed podiatrist, or
therapeutically or diagnostically certified optometrist
authorized by law to prescribe drugs or medicines or poisons,
the label affixed to the box, bottle, vessel, or package
containing the same shall show: (a) the name and address of
the pharmacy wherein the same is sold or dispensed; (b) the
name or initials of the person, authorized to practice
pharmacy under the provisions of this Act, selling or
dispensing the same, (c) the date on which such prescription
was filled; (d) the name of the patient; (e) the serial
number of such prescription as filed in the prescription
files; (f) the last name of the practitioner who prescribed
such prescriptions; (g) the directions for use thereof as
contained in such prescription; and (h) the proprietary name
or names or the established name or names of the drugs, the
dosage and quantity, except as otherwise authorized by
regulation of the Department. Any person who sells or
dispenses any drug, medicine or poison shall sell or dispense
such drug, medicine or poison in good faith. "Good faith",
for purposes of this Section, has the meaning ascribed to it
in subsection (u) of Section 102 of the "Illinois Controlled
Substances Act", approved August 16, 1971, as amended. The
Department shall establish rules governing labeling in
Division II and Division III pharmacies.
(Source: P.A. 90-253, eff. 7-29-97.)
(225 ILCS 85/27) (from Ch. 111, par. 4147)
(Section scheduled to be repealed on January 1, 2008)
Sec. 27. Fees. The following fees are not refundable.
(A) Certificate of pharmacy technician.
(1) The fee for application for a certificate of
registration as a pharmacy technician is $40.
(2) The fee for the renewal of a certificate of
registration as a pharmacy technician shall be calculated
at the rate of $25 per year.
(B) License as a pharmacist.
(1) The fee for application for a license is $75.
(2) In addition, applicants for any examination as
a registered pharmacist shall be required to pay, either
to the Department or to the designated testing service, a
fee covering the cost of determining an applicant's
eligibility and providing the examination. Failure to
appear for the examination on the scheduled date, at the
time and place specified, after the applicant's
application for examination has been received and
acknowledged by the Department or the designated testing
service, shall result in the forfeiture of the
examination fee.
(3) The fee for a license as a registered
pharmacist registered or licensed under the laws of
another state or territory of the United States is $200.
(4) The fee upon the renewal of a license shall be
calculated at the rate of $75 per year.
(5) The fee for the restoration of a certificate
other than from inactive status is $10 plus all lapsed
renewal fees.
(6) Applicants for the preliminary diagnostic
examination shall be required to pay, either to the
Department or to the designated testing service, a fee
covering the cost of determining an applicant's
eligibility and providing the examination. Failure to
appear for the examination on the scheduled date, at the
time and place specified, after the application for
examination has been received and acknowledged by the
Department or the designated testing service, shall
result in the forfeiture of the examination fee.
(7) The fee to have the scoring of an examination
authorized by the Department reviewed and verified is $20
plus any fee charged by the applicable testing service.
(C) License as a pharmacy.
(1) The fee for application for a license for a
pharmacy under this Act is $100.
(2) The fee for the renewal of a license for a
pharmacy under this Act shall be calculated at the rate
of $100 per year.
(3) The fee for the change of a
pharmacist-in-charge is $25.
(D) General Fees.
(1) The fee for the issuance of a duplicate
license, for the issuance of a replacement license for a
license that has been lost or destroyed or for the
issuance of a license with a change of name or address
other than during the renewal period is $20. No fee is
required for name and address changes on Department
records when no duplicate certification is issued.
(2) The fee for a certification of a registrant's
record for any purpose is $20.
(3) The fee to have the scoring of an examination
administered by the Department reviewed and verified is
$20.
(4) The fee for a wall certificate showing
licensure or registration shall be the actual cost of
producing the certificate.
(5) The fee for a roster of persons registered as
pharmacists or registered pharmacies in this State shall
be the actual cost of producing the roster.
(6) The fee for pharmacy licensing, disciplinary or
investigative records obtained pursuant to a subpoena is
$1 per page.
(E) Except as provided in subsection (F), all moneys
received by the Department under this Act shall be deposited
in the Illinois State Pharmacy Disciplinary Fund hereby
created in the State Treasury and shall be used only for the
following purposes: (a) by the State Board of Pharmacy in the
exercise of its powers and performance of its duties, as such
use is made by the Department upon the recommendations of the
State Board of Pharmacy, (b) for costs directly related to
license renewal of persons licensed under this Act, and (c)
for direct and allocable indirect costs related to the public
purposes of the Department of Professional Regulation.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of
the Department of Professional Regulation Law (20 ILCS
2105/2105-300).
The moneys deposited in the Illinois State Pharmacy
Disciplinary Fund shall be invested to earn interest which
shall accrue to the Fund. The Department shall present to the
Board for its review and comment all appropriation requests
from the Illinois State Pharmacy Disciplinary Fund. The
Department shall give due consideration to any comments of
the Board in making appropriation requests.
(F) From the money received for license renewal fees, $5
from each pharmacist fee, and $2.50 from each pharmacy
technician fee, shall be set aside within the Illinois State
Pharmacy Disciplinary Fund for the purpose of supporting a
substance abuse program for pharmacists and pharmacy
technicians. The State Board of Pharmacy shall, pursuant to
all provisions of the Illinois Procurement Code, determine
how and to whom the money set aside under this subsection is
disbursed.
(G) (Blank).
(Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
(225 ILCS 85/30) (from Ch. 111, par. 4150)
(Section scheduled to be repealed on January 1, 2008)
Sec. 30. (a) In accordance with Section 11 of this Act,
the Department may refuse to issue, restore, or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary action as the Department may deem proper with
regard to any license or certificate of registration for any
one or combination of the following causes:
1. Material misstatement in furnishing information
to the Department.
2. Violations of this Act, or the rules promulgated
hereunder.
3. Making any misrepresentation for the purpose of
obtaining licenses.
4. A pattern of conduct which demonstrates
incompetence or unfitness to practice.
5. Aiding or assisting another person in violating
any provision of this Act or rules.
6. Failing, within 60 days, to respond to a written
request made by the Department for information.
7. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
8. Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth herein.
9. Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership or
association any fee, commission, rebate or other form of
compensation for any professional services not actually
or personally rendered.
10. A finding by the Department that the licensee,
after having his license placed on probationary status
has violated the terms of probation.
11. Selling or engaging in the sale of drug samples
provided at no cost by drug manufacturers.
12. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgment, skill or safety.
13. A finding that licensure or registration has
been applied for or obtained by fraudulent means.
14. The applicant, or licensee has been convicted
in state or federal court of any crime which is a felony
or any misdemeanor related to the practice of pharmacy,
of which an essential element is dishonesty.
15. Habitual or excessive use or addiction to
alcohol, narcotics, stimulants or any other chemical
agent or drug which results in the inability to practice
with reasonable judgment, skill or safety.
16. Willfully making or filing false records or
reports in the practice of pharmacy, including, but not
limited to false records to support claims against the
medical assistance program of the Department of Public
Aid under the Public Aid Code.
17. Gross and willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including,
but not limited to, filing false statements for
collection of monies for services not rendered from the
medical assistance program of the Department of Public
Aid under the Public Aid Code.
18. Repetitiously dispensing prescription drugs
without receiving a written or oral prescription.
19. Upon a finding of a substantial discrepancy in
a Department audit of a prescription drug, including
controlled substances, as that term is defined in this
Act or in the Illinois Controlled Substances Act.
20. Physical illness which results in the inability
to practice with reasonable judgment, skill or safety, or
mental incompetency as declared by a court of competent
jurisdiction.
21. Violation of the Health Care Worker
Self-Referral Act.
22. Failing to sell or dispense any drug, medicine,
or poison in good faith. "Good faith", for the purposes
of this Section, has the meaning ascribed to it in
subsection (u) of Section 102 of the Illinois Controlled
Substances Act.
23. Interfering with the professional judgment of a
pharmacist by any registrant under this Act, or his or
her agents or employees.
(b) The Department may refuse to issue or may suspend
the license or registration of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a
filed return, or to pay any final assessment of tax, penalty
or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(c) The Department shall revoke the license or
certificate of registration issued under the provisions of
this Act or any prior Act of this State of any person who has
been convicted a second time of committing any felony under
the Illinois Controlled Substances Act, or who has been
convicted a second time of committing a Class 1 felony under
Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or certificate of registration issued
under the provisions of this Act or any prior Act of this
State is revoked under this subsection (c) shall be
prohibited from engaging in the practice of pharmacy in this
State.
(d) In any order issued in resolution of a disciplinary
proceeding, the Board may request any licensee found guilty
of a charge involving a significant violation of subsection
(a) of Section 5, or paragraph 19 of Section 30 as it
pertains to controlled substances, to pay to the Department a
fine not to exceed $2,000.
(e) In any order issued in resolution of a disciplinary
proceeding, in addition to any other disciplinary action, the
Board may request any licensee found guilty of noncompliance
with the continuing education requirements of Section 12 to
pay the Department a fine not to exceed $1000.
(f) The Department shall issue quarterly to the Board a
status of all complaints related to the profession received
by the Department.
(Source: P.A. 86-596; 86-1434; 86-1472; 87-1207.)
Passed in the General Assembly January 07, 2003.
Approved January 13, 2003.
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