Illinois General Assembly - Full Text of HB3219
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Full Text of HB3219  99th General Assembly




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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Pharmacy Practice Act is amended by changing
5Sections 9, 9.5, and 11 and by adding Section 16c as follows:
6    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 9. Registration as pharmacy technician. Any person
9shall be entitled to registration as a registered pharmacy
10technician who is of the age of 16 or over, has not engaged in
11conduct or behavior determined to be grounds for discipline
12under this Act, is attending or has graduated from an
13accredited high school or comparable school or educational
14institution or received a high school equivalency certificate,
15and has filed a written application for registration on a form
16to be prescribed and furnished by the Department for that
17purpose. The Department shall issue a certificate of
18registration as a registered pharmacy technician to any
19applicant who has qualified as aforesaid, and such registration
20shall be the sole authority required to assist licensed
21pharmacists in the practice of pharmacy, under the supervision
22of a licensed pharmacist. A registered pharmacy technician may,
23under the supervision of a pharmacist, assist in the practice



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1of pharmacy and perform such functions as assisting in the
2dispensing process, offering counseling, receiving new verbal
3prescription orders, and having prescriber contact concerning
4prescription drug order clarification. A registered pharmacy
5technician may not engage in patient counseling, drug regimen
6review, or clinical conflict resolution.
7    Beginning on January 1, 2017 January 1, 2010, within 2
8years after initial registration as a registered pharmacy
9technician, the registrant must meet the requirements
10described in Section 9.5 of this Act and register as a
11registered certified pharmacy technician. If the registrant
12has not yet attained the age of 18, then upon the next renewal
13as a registered pharmacy technician, the registrant must meet
14the requirements described in Section 9.5 of this Act and
15register as a registered certified pharmacy technician a
16pharmacy technician must become certified by successfully
17passing the Pharmacy Technician Certification Board (PTCB)
18examination or another Board-approved pharmacy technician
19examination and register as a certified pharmacy technician
20with the Department in order to continue to perform pharmacy
21technician's duties. This requirement does not apply to
22pharmacy technicians registered prior to January 1, 2008.
23    Any person registered as a pharmacy technician who is also
24enrolled in a first professional degree program in pharmacy in
25a school or college of pharmacy or a department of pharmacy of
26a university approved by the Department or has graduated from



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1such a program within the last 18 months, shall be considered a
2"student pharmacist" and entitled to use the title "student
3pharmacist". A student pharmacist must meet all of the
4requirements for registration as a pharmacy technician set
5forth in this Section excluding the requirement of
6certification prior to the second registration renewal and pay
7the required pharmacy technician registration fees. A student
8pharmacist may, under the supervision of a pharmacist, assist
9in the practice of pharmacy and perform any and all functions
10delegated to him or her by the pharmacist.
11    Any person seeking licensure as a pharmacist who has
12graduated from a pharmacy program outside the United States
13must register as a pharmacy technician and shall be considered
14a "student pharmacist" and be entitled to use the title
15"student pharmacist" while completing the 1,200 clinical hours
16of training approved by the Board of Pharmacy described and for
17no more than 18 months after completion of these hours. These
18individuals are not required to become registered certified
19pharmacy technicians while completing their Board approved
20clinical training, but must become licensed as a pharmacist or
21become a registered certified pharmacy technician before the
22second pharmacy technician registration renewal following
23completion of the Board approved clinical training.
24    The Department shall not renew the pharmacy technician
25license of any person who has been registered as a "student
26pharmacist" and has dropped out of or been expelled from an



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1ACPE accredited college of pharmacy, who has failed to complete
2his or her 1,200 hours of Board approved clinical training
3within 24 months or who has failed the pharmacist licensure
4examination 3 times and shall require these individuals to meet
5the requirements of and become registered as a registered
6certified pharmacy technician.
7    The Department may take any action set forth in Section 30
8of this Act with regard to registrations pursuant to this
10    Any person who is enrolled in a non-traditional Pharm.D.
11program at an ACPE accredited college of pharmacy and is a
12licensed pharmacist under the laws of another United States
13jurisdiction shall be permitted to engage in the program of
14practice experience required in the academic program by virtue
15of such license. Such person shall be exempt from the
16requirement of registration as a registered pharmacy
17technician while engaged in the program of practice experience
18required in the academic program.
19    An applicant for registration as a pharmacy technician may
20assist a pharmacist in the practice of pharmacy for a period of
21up to 60 days prior to the issuance of a certificate of
22registration if the applicant has submitted the required fee
23and an application for registration to the Department. The
24applicant shall keep a copy of the submitted application on the
25premises where the applicant is assisting in the practice of
26pharmacy. The Department shall forward confirmation of receipt



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1of the application with start and expiration dates of practice
2pending registration.
3(Source: P.A. 98-718, eff. 1-1-15.)
4    (225 ILCS 85/9.5)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 9.5. Registered certified Certified pharmacy
8    (a) An individual registered as a registered pharmacy
9technician under this Act may be registered as a registered
10certified pharmacy technician, if he or she meets all of the
11following requirements:
12        (1) He or she has submitted a written application in
13    the form and manner prescribed by the Department.
14        (2) He or she has attained the age of 18.
15        (3) He or she is of good moral character, as determined
16    by the Department.
17        (4) He or she has (i) graduated from pharmacy
18    technician training meeting the requirements set forth in
19    subsection (a) of Section 17.1 of this Act or (ii) obtained
20    documentation from the pharmacist-in-charge of the
21    pharmacy where the applicant is employed verifying that he
22    or she has successfully completed a training program and
23    has successfully completed an objective assessment
24    mechanism prepared in accordance with rules established by
25    the Department.



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1        (5) He or she has successfully passed an examination
2    accredited by the National Commission for Certifying
3    Agencies National Organization of Certifying Agencies, as
4    approved and required by the Board.
5        (6) He or she has paid the required certification fees.
6    (b) No pharmacist whose license has been denied, revoked,
7suspended, or restricted for disciplinary purposes may be
8eligible to be registered as a certified pharmacy technician.
9    (c) The Department may, by rule, establish any additional
10requirements for certification under this Section.
11    (d) A person who is not a registered pharmacy technician
12and meets the requirements of this Section may register as a
13registered certified pharmacy technician without first
14registering as a pharmacy technician.
15    (e) As a condition for the renewal of a certificate of
16registration as a registered certified pharmacy technician,
17the registrant shall provide evidence to the Department of
18completion of a total of 20 hours of continuing pharmacy
19education during the 24 months preceding the expiration date of
20the certificate. One hour of continuing pharmacy education must
21be in the subject of pharmacy law. One hour of continuing
22pharmacy education must be in the subject of patient safety.
23The continuing education shall be approved by the Accreditation
24Council on Pharmacy Education.
25    The Department shall establish by rule a means for the
26verification of completion of the continuing education



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1required by this subsection (e). This verification may be
2accomplished through audits of records maintained by
3registrants, by requiring the filing of continuing education
4certificates with the Department or a qualified organization
5selected by the Department to maintain such records, or by
6other means established by the Department.
7    Rules developed under this subsection (e) may provide for a
8reasonable annual fee, not to exceed $20, to fund the cost of
9such recordkeeping. The Department shall, by rule, further
10provide an orderly process for the reinstatement of a
11registration that has not been renewed due to the failure to
12meet the continuing pharmacy education requirements of this
13subsection (e). The Department may waive the requirements of
14continuing pharmacy education, in whole or in part, in cases of
15extreme hardship as defined by rule of the Department. The
16waivers shall be granted for not more than one of any 3
17consecutive renewal periods.
18(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
19    (225 ILCS 85/11)  (from Ch. 111, par. 4131)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 11. Duties of the Department. The Department shall
22exercise the powers and duties prescribed by the Civil
23Administrative Code of Illinois for the administration of
24Licensing Acts and shall exercise such other powers and duties
25necessary for effectuating the purpose of this Act. However,



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1the following powers and duties shall be exercised only upon
2review of the Board of Pharmacy to take such action:
3    (a) Formulate such rules, not inconsistent with law and
4subject to the Illinois Administrative Procedure Act, as may be
5necessary to carry out the purposes and enforce the provisions
6of this Act. The Director may grant variances from any such
7rules as provided for in this Section;
8    (b) The suspension, revocation, placing on probationary
9status, reprimand, and refusing to issue or restore any license
10or certificate of registration issued under the provisions of
11this Act for the reasons set forth in Section 30 of this Act.
12    (c) The issuance, renewal, restoration or reissuance of any
13license or certificate which has been previously refused to be
14issued or renewed, or has been revoked, suspended or placed on
15probationary status.
16    The granting of variances from rules promulgated pursuant
17to this Section in individual cases where there is a finding
19        (1) the provision from which the variance is granted is
20    not statutorily mandated;
21        (2) no party will be injured by the granting of the
22    variance; and
23        (3) the rule from which the variance is granted would,
24    in the particular case, be unreasonable or unnecessarily
25    burdensome.
26    The Director shall notify the State Board of Pharmacy of



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1the granting of such variance and the reasons therefor, at the
2next meeting of the Board.
3    (d) The Secretary shall appoint a chief pharmacy
4coordinator and at least 2 deputy pharmacy coordinators, all of
5whom shall be registered pharmacists in good standing in this
6State, shall be graduates of an accredited college of pharmacy
7or hold, at a minimum, a bachelor of science degree in
8pharmacy, and shall have at least 5 years of experience in the
9practice of pharmacy immediately prior to his or her
10appointment. The chief pharmacy coordinator shall be the
11executive administrator and the chief enforcement officer of
12this Act. The deputy pharmacy coordinators shall report to the
13chief pharmacy coordinator. The Secretary shall assign at least
14one deputy pharmacy coordinator to a region composed of Cook
15County and such other counties as the Secretary may deem
16appropriate, and such deputy pharmacy coordinator shall have
17his or her primary office in Chicago. The Secretary shall
18assign at least one deputy pharmacy coordinator to a region
19composed of the balance of counties in the State, and such
20deputy pharmacy coordinator shall have his or her primary
21office in Springfield.
22    (e) The Secretary shall, in conformity with the Personnel
23Code, employ not less than 4 pharmacy investigators who shall
24report to the pharmacy coordinator or a deputy pharmacy
25coordinator. Each pharmacy investigator shall be a graduate of
26a 4-year college or university and shall (i) have at least 2



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1years of investigative experience; (ii) have 2 years of
2responsible pharmacy experience; or (iii) be a licensed
3pharmacist unless employed as a pharmacy investigator on or
4before the effective date of this amendatory Act of the 99th
5General Assembly. The Department shall also employ at least one
6attorney to prosecute violations of this Act and its rules. The
7Department may, in conformity with the Personnel Code, employ
8such clerical and other employees as are necessary to carry out
9the duties of the Board and Department.
10    The duly authorized pharmacy investigators of the
11Department shall have the right to enter and inspect, during
12business hours, any pharmacy or any other place in this State
13holding itself out to be a pharmacy where medicines, drugs or
14drug products, or proprietary medicines are sold, offered for
15sale, exposed for sale, or kept for sale.
16(Source: P.A. 95-689, eff. 10-29-07.)
17    (225 ILCS 85/16c new)
18    Sec. 16c. Medicine locking closure package.
19    (a) As used in this Section:
20    "Medicine locking closure package" means any alphanumeric
21combination locking closure mechanism that can only be unlocked
22with a user-generated, resettable alphanumeric code in
23combination with an amber prescription container that forms a
24package that allows only the person with a prescription access
25to the medicine.



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1    "Schedule II controlled substance" means a Schedule II
2controlled substance under the United States Controlled
3Substances Act and 21 CFR 1308.
4    (b) Subject to appropriation, effective January 1, 2016,
5the Department shall by rule implement a pilot project
6requiring that every new or refilled prescription for a
7Schedule II controlled substance containing hydrocodone
8dispensed by a pharmacy that voluntarily decides to participate
9in the pilot program shall only be dispensed in a non-reusable
10medicine locking closure package. The Department shall not
11expend more than $150,000 on this pilot program. The Department
12may contract with third parties to implement the pilot program
13in whole or in part.
14    (c) The medicine locking closure package must be dispensed
15by the pharmacy with instructions for patient use unless the
16prescriber indicates orally, in writing, or electronically
17that a medicine locking closure package shall not be used.
18    (d) The manufacturer of the medicine locking closure
19package must make available assistance online or through a
20toll-free number for patient use.
21    (e) Prescriptions reimbursed via the Medicare Part D and
22Medicaid programs, including Medicaid managed care plans, are
23exempt from the provisions of this Section.
24    (f) Prescriptions for individuals residing in facilities
25licensed under the Nursing Home Care Act are exempt from the
26provisions of this Section.



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1    (g) This Section is repealed on January 1, 2017.
2    Section 99. Effective date. This Act takes effect upon
3becoming law, except that the changes to Sections 9 and 9.5 of
4the Pharmacy Practice Act take effect January 1, 2017.