Rep. Kelly M. Cassidy

Filed: 5/8/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2941

2    AMENDMENT NO. ______. Amend Senate Bill 2941 on page 1, by
3replacing line 5 with the following:
4"changing Sections 3.1 and 5.2 as follows:
 
5    (20 ILCS 2630/3.1)  (from Ch. 38, par. 206-3.1)
6    Sec. 3.1. (a) The Department may furnish, pursuant to
7positive identification, records of convictions to the
8Department of Financial and Professional Regulation for the
9purpose of meeting registration or licensure requirements
10under the Private Detective, Private Alarm, Private Security,
11Fingerprint Vendor, and Locksmith Act of 2004 or the Pharmacy
12Practice Act.
13    (b) The Department may furnish, pursuant to positive
14identification, records of convictions to policing bodies of
15this State for the purpose of assisting local liquor control
16commissioners in carrying out their duty to refuse to issue
17licenses to persons specified in paragraphs (4), (5) and (6) of

 

 

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1Section 6-2 of the Liquor Control Act of 1934.
2    (c) The Department shall charge an application fee, based
3on actual costs, for the dissemination of records pursuant to
4this Section. Fees received for the dissemination of records
5pursuant to this Section shall be deposited in the State Police
6Services Fund. The Department is empowered to establish this
7fee and to prescribe the form and manner for requesting and
8furnishing conviction information pursuant to this Section.
9    (d) Any dissemination of any information obtained pursuant
10to this Section to any person not specifically authorized
11hereby to receive or use it for the purpose for which it was
12disseminated shall constitute a violation of Section 7.
13(Source: P.A. 95-613, eff. 9-11-07.)"; and
 
14on page 33, immediately below line 23, by inserting the
15following:
 
16    "Section 10. The Pharmacy Practice Act is amended by
17changing Sections 6, 9, and 9.5 as follows:
 
18    (225 ILCS 85/6)  (from Ch. 111, par. 4126)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 6. Each individual seeking licensure as a registered
21pharmacist shall make application to the Department and shall
22provide evidence of the following:
23    1. that he or she is a United States citizen or legally

 

 

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1admitted alien;
2    2. that he or she has not engaged in conduct or behavior
3determined to be grounds for discipline under this Act;
4    3. that he or she is a graduate of a first professional
5degree program in pharmacy of a university recognized and
6approved by the Department;
7    4. that he or she has successfully completed a program of
8practice experience under the direct supervision of a
9pharmacist in a pharmacy in this State, or in any other State;
10and
11    5. that he or she has passed an examination recommended by
12the Board of Pharmacy and authorized by the Department; and .
13    6. that he or she has submitted his or her fingerprints to
14the Department of State Police in the form and manner
15prescribed by the Department of State Police; these
16fingerprints shall be transmitted through a live scan
17fingerprint vendor licensed by the Department and shall be
18checked against the fingerprint records now and hereafter filed
19in the Department of State Police and Federal Bureau of
20Investigation criminal history records databases; the
21Department of State Police shall charge a fee for conducting
22the criminal history records check, which shall be deposited
23into the State Police Services Fund and shall not exceed the
24actual cost of the State and national criminal history records
25check; the Department of State Police shall furnish, pursuant
26to positive identification, all Illinois conviction

 

 

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1information and national criminal history records information
2to the Department; the Department may adopt any rules necessary
3to implement this subsection (6).
4    The Department shall issue a license as a registered
5pharmacist to any applicant who has qualified as aforesaid and
6who has filed the required applications and paid the required
7fees in connection therewith; and such registrant shall have
8the authority to practice the profession of pharmacy in this
9State.
10(Source: P.A. 95-689, eff. 10-29-07.)
 
11    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 9. Registration as pharmacy technician. Any person
14shall be entitled to registration as a registered pharmacy
15technician who is of the age of 16 or over, has not engaged in
16conduct or behavior determined to be grounds for discipline
17under this Act, is attending or has graduated from an
18accredited high school or comparable school or educational
19institution or received a GED, and has filed a written
20application for registration on a form to be prescribed and
21furnished by the Department for that purpose, and has submitted
22his or her fingerprints to the Department of State Police in
23the form and manner prescribed by the Department of State
24Police. These fingerprints shall be transmitted through a live
25scan fingerprint vendor licensed by the Department and shall be

 

 

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1checked against the fingerprint records now and hereafter filed
2in the Department of State Police and Federal Bureau of
3Investigation criminal history records databases. The
4Department of State Police shall charge a fee for conducting
5the criminal history records check, which shall be deposited
6into the State Police Services Fund and shall not exceed the
7actual cost of the State and national criminal history records
8check. The Department of State Police shall furnish, pursuant
9to positive identification, all Illinois conviction
10information and national criminal history records information
11to the Department. The Department may adopt any rules necessary
12to implement the background checks required under this Section.
13The Department shall issue a certificate of registration as a
14registered pharmacy technician to any applicant who has
15qualified as aforesaid, and such registration shall be the sole
16authority required to assist licensed pharmacists in the
17practice of pharmacy, under the supervision of a licensed
18pharmacist. A registered pharmacy technician may, under the
19supervision of a pharmacist, assist in the practice of pharmacy
20and perform such functions as assisting in the dispensing
21process, offering counseling, receiving new verbal
22prescription orders, and having prescriber contact concerning
23prescription drug order clarification. A registered pharmacy
24technician may not engage in patient counseling, drug regimen
25review, or clinical conflict resolution.
26    Beginning on January 1, 2010, within 2 years after initial

 

 

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1registration as a registered technician, a pharmacy technician
2must become certified by successfully passing the Pharmacy
3Technician Certification Board (PTCB) examination or another
4Board-approved pharmacy technician examination and register as
5a certified pharmacy technician with the Department in order to
6continue to perform pharmacy technician's duties. This
7requirement does not apply to pharmacy technicians registered
8prior to January 1, 2008.
9    Any person registered as a pharmacy technician who is also
10enrolled in a first professional degree program in pharmacy in
11a school or college of pharmacy or a department of pharmacy of
12a university approved by the Department or has graduated from
13such a program within the last 18 months, shall be considered a
14"student pharmacist" and entitled to use the title "student
15pharmacist". A student pharmacist must meet all of the
16requirements for registration as a pharmacy technician set
17forth in this Section excluding the requirement of
18certification prior to the second registration renewal and pay
19the required pharmacy technician registration fees. A student
20pharmacist may, under the supervision of a pharmacist, assist
21in the practice of pharmacy and perform any and all functions
22delegated to him or her by the pharmacist.
23    Any person seeking licensure as a pharmacist who has
24graduated from a pharmacy program outside the United States
25must register as a pharmacy technician and shall be considered
26a "student pharmacist" and be entitled to use the title

 

 

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1"student pharmacist" while completing the 1,200 clinical hours
2of training approved by the Board of Pharmacy described and for
3no more than 18 months after completion of these hours. These
4individuals are not required to become certified pharmacy
5technicians while completing their Board approved clinical
6training, but must become licensed as a pharmacist or become a
7certified pharmacy technician before the second pharmacy
8technician registration renewal following completion of the
9Board approved clinical training.
10    The Department shall not renew the pharmacy technician
11license of any person who has been registered as a "student
12pharmacist" and has dropped out of or been expelled from an
13ACPE accredited college of pharmacy, who has failed to complete
14his or her 1,200 hours of Board approved clinical training
15within 24 months or who has failed the pharmacist licensure
16examination 3 times and shall require these individuals to meet
17the requirements of and become registered a certified pharmacy
18technician.
19    The Department may take any action set forth in Section 30
20of this Act with regard to registrations pursuant to this
21Section.
22    Any person who is enrolled in a non-traditional Pharm.D.
23program at an ACPE accredited college of pharmacy and is a
24licensed pharmacist under the laws of another United States
25jurisdiction shall be permitted to engage in the program of
26practice experience required in the academic program by virtue

 

 

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1of such license. Such person shall be exempt from the
2requirement of registration as a registered pharmacy
3technician while engaged in the program of practice experience
4required in the academic program.
5    An applicant for registration as a pharmacy technician may
6assist a pharmacist in the practice of pharmacy for a period of
7up to 60 days prior to the issuance of a certificate of
8registration if the applicant has submitted the required fee
9and an application for registration to the Department. The
10applicant shall keep a copy of the submitted application on the
11premises where the applicant is assisting in the practice of
12pharmacy. The Department shall forward confirmation of receipt
13of the application with start and expiration dates of practice
14pending registration.
15(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
 
16    (225 ILCS 85/9.5)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 9.5. Certified pharmacy technician.
19    (a) An individual registered as a pharmacy technician under
20this Act may be registered as a certified pharmacy technician,
21if he or she meets all of the following requirements:
22        (1) He or she has submitted a written application in
23    the form and manner prescribed by the Department.
24        (2) He or she has attained the age of 18.
25        (3) He or she is of good moral character, as determined

 

 

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1    by the Department.
2        (4) He or she has (i) graduated from pharmacy
3    technician training meeting the requirements set forth in
4    subsection (a) of Section 17.1 of this Act or (ii) obtained
5    documentation from the pharmacist-in-charge of the
6    pharmacy where the applicant is employed verifying that he
7    or she has successfully completed a training program and
8    has successfully completed an objective assessment
9    mechanism prepared in accordance with rules established by
10    the Department.
11        (5) He or she has successfully passed an examination
12    accredited by the National Organization of Certifying
13    Agencies, as approved and required by the Board.
14        (6) He or she has paid the required certification fees.
15        (7) He or she has submitted his or her fingerprints to
16    the Department of State Police in the form and manner
17    prescribed by the Department of State Police. These
18    fingerprints shall be transmitted through a live scan
19    fingerprint vendor licensed by the Department and shall be
20    checked against the fingerprint records now and hereafter
21    filed in the Department of State Police and Federal Bureau
22    of Investigation criminal history records databases. The
23    Department of State Police shall charge a fee for
24    conducting the criminal history records check, which shall
25    be deposited into the State Police Services Fund and shall
26    not exceed the actual cost of the State and national

 

 

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1    criminal history records check. The Department of State
2    Police shall furnish, pursuant to positive identification,
3    all Illinois conviction information and national criminal
4    history records information to the Department. The
5    Department may adopt any rules necessary to implement this
6    paragraph (7).
7    (b) No pharmacist whose license has been denied, revoked,
8suspended, or restricted for disciplinary purposes may be
9eligible to be registered as a certified pharmacy technician.
10    (c) The Department may, by rule, establish any additional
11requirements for certification under this Section.
12    (d) A person who is not a registered pharmacy technician
13and meets the requirements of this Section may register as a
14certified pharmacy technician without first registering as a
15pharmacy technician.
16(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)".