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


Rep. Michael J. Zalewski

Filed: 5/25/2015





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2    AMENDMENT NO. ______. Amend House Bill 3219 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Pharmacy Practice Act is amended by
5changing Sections 9, 9.5, and 11 and by adding Section 16c as
7    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 9. Registration as pharmacy technician. Any person
10shall be entitled to registration as a registered pharmacy
11technician who is of the age of 16 or over, has not engaged in
12conduct or behavior determined to be grounds for discipline
13under this Act, is attending or has graduated from an
14accredited high school or comparable school or educational
15institution or received a high school equivalency certificate,
16and has filed a written application for registration on a form



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1to be prescribed and furnished by the Department for that
2purpose. The Department shall issue a certificate of
3registration as a registered pharmacy technician to any
4applicant who has qualified as aforesaid, and such registration
5shall be the sole authority required to assist licensed
6pharmacists in the practice of pharmacy, under the supervision
7of a licensed pharmacist. A registered pharmacy technician may,
8under the supervision of a pharmacist, assist in the practice
9of pharmacy and perform such functions as assisting in the
10dispensing process, offering counseling, receiving new verbal
11prescription orders, and having prescriber contact concerning
12prescription drug order clarification. A registered pharmacy
13technician may not engage in patient counseling, drug regimen
14review, or clinical conflict resolution.
15    Beginning on January 1, 2017 January 1, 2010, within 2
16years after initial registration as a registered pharmacy
17technician, the registrant must meet the requirements
18described in Section 9.5 of this Act and register as a
19registered certified pharmacy technician. If the registrant
20has not yet attained the age of 18, then upon the next renewal
21as a registered pharmacy technician, the registrant must meet
22the requirements described in Section 9.5 of this Act and
23register as a registered certified pharmacy technician a
24pharmacy technician must become certified by successfully
25passing the Pharmacy Technician Certification Board (PTCB)
26examination or another Board-approved pharmacy technician



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1examination and register as a certified pharmacy technician
2with the Department in order to continue to perform pharmacy
3technician's duties. This requirement does not apply to
4pharmacy technicians registered prior to January 1, 2008.
5    Any person registered as a pharmacy technician who is also
6enrolled in a first professional degree program in pharmacy in
7a school or college of pharmacy or a department of pharmacy of
8a university approved by the Department or has graduated from
9such a program within the last 18 months, shall be considered a
10"student pharmacist" and entitled to use the title "student
11pharmacist". A student pharmacist must meet all of the
12requirements for registration as a pharmacy technician set
13forth in this Section excluding the requirement of
14certification prior to the second registration renewal and pay
15the required pharmacy technician registration fees. A student
16pharmacist may, under the supervision of a pharmacist, assist
17in the practice of pharmacy and perform any and all functions
18delegated to him or her by the pharmacist.
19    Any person seeking licensure as a pharmacist who has
20graduated from a pharmacy program outside the United States
21must register as a pharmacy technician and shall be considered
22a "student pharmacist" and be entitled to use the title
23"student pharmacist" while completing the 1,200 clinical hours
24of training approved by the Board of Pharmacy described and for
25no more than 18 months after completion of these hours. These
26individuals are not required to become registered certified



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1pharmacy technicians while completing their Board approved
2clinical training, but must become licensed as a pharmacist or
3become a registered certified pharmacy technician before the
4second pharmacy technician registration renewal following
5completion of the Board approved clinical training.
6    The Department shall not renew the pharmacy technician
7license of any person who has been registered as a "student
8pharmacist" and has dropped out of or been expelled from an
9ACPE accredited college of pharmacy, who has failed to complete
10his or her 1,200 hours of Board approved clinical training
11within 24 months or who has failed the pharmacist licensure
12examination 3 times and shall require these individuals to meet
13the requirements of and become registered as a registered
14certified pharmacy technician.
15    The Department may take any action set forth in Section 30
16of this Act with regard to registrations pursuant to this
18    Any person who is enrolled in a non-traditional Pharm.D.
19program at an ACPE accredited college of pharmacy and is a
20licensed pharmacist under the laws of another United States
21jurisdiction shall be permitted to engage in the program of
22practice experience required in the academic program by virtue
23of such license. Such person shall be exempt from the
24requirement of registration as a registered pharmacy
25technician while engaged in the program of practice experience
26required in the academic program.



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1    An applicant for registration as a pharmacy technician may
2assist a pharmacist in the practice of pharmacy for a period of
3up to 60 days prior to the issuance of a certificate of
4registration if the applicant has submitted the required fee
5and an application for registration to the Department. The
6applicant shall keep a copy of the submitted application on the
7premises where the applicant is assisting in the practice of
8pharmacy. The Department shall forward confirmation of receipt
9of the application with start and expiration dates of practice
10pending registration.
11(Source: P.A. 98-718, eff. 1-1-15.)
12    (225 ILCS 85/9.5)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 9.5. Registered certified Certified pharmacy
16    (a) An individual registered as a registered pharmacy
17technician under this Act may be registered as a registered
18certified pharmacy technician, if he or she meets all of the
19following requirements:
20        (1) He or she has submitted a written application in
21    the form and manner prescribed by the Department.
22        (2) He or she has attained the age of 18.
23        (3) He or she is of good moral character, as determined
24    by the Department.
25        (4) He or she has (i) graduated from pharmacy



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1    technician training meeting the requirements set forth in
2    subsection (a) of Section 17.1 of this Act or (ii) obtained
3    documentation from the pharmacist-in-charge of the
4    pharmacy where the applicant is employed verifying that he
5    or she has successfully completed a training program and
6    has successfully completed an objective assessment
7    mechanism prepared in accordance with rules established by
8    the Department.
9        (5) He or she has successfully passed an examination
10    accredited by the National Commission for Certifying
11    Agencies National Organization of Certifying Agencies, as
12    approved and required by the Board.
13        (6) He or she has paid the required certification fees.
14    (b) No pharmacist whose license has been denied, revoked,
15suspended, or restricted for disciplinary purposes may be
16eligible to be registered as a certified pharmacy technician.
17    (c) The Department may, by rule, establish any additional
18requirements for certification under this Section.
19    (d) A person who is not a registered pharmacy technician
20and meets the requirements of this Section may register as a
21registered certified pharmacy technician without first
22registering as a pharmacy technician.
23    (e) As a condition for the renewal of a certificate of
24registration as a registered certified pharmacy technician,
25the registrant shall provide evidence to the Department of
26completion of a total of 20 hours of continuing pharmacy



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1education during the 24 months preceding the expiration date of
2the certificate. One hour of continuing pharmacy education must
3be in the subject of pharmacy law. One hour of continuing
4pharmacy education must be in the subject of patient safety.
5The continuing education shall be approved by the Accreditation
6Council on Pharmacy Education.
7    The Department shall establish by rule a means for the
8verification of completion of the continuing education
9required by this subsection (e). This verification may be
10accomplished through audits of records maintained by
11registrants, by requiring the filing of continuing education
12certificates with the Department or a qualified organization
13selected by the Department to maintain such records, or by
14other means established by the Department.
15    Rules developed under this subsection (e) may provide for a
16reasonable annual fee, not to exceed $20, to fund the cost of
17such recordkeeping. The Department shall, by rule, further
18provide an orderly process for the reinstatement of a
19registration that has not been renewed due to the failure to
20meet the continuing pharmacy education requirements of this
21subsection (e). The Department may waive the requirements of
22continuing pharmacy education, in whole or in part, in cases of
23extreme hardship as defined by rule of the Department. The
24waivers shall be granted for not more than one of any 3
25consecutive renewal periods.
26(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)



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1    (225 ILCS 85/11)  (from Ch. 111, par. 4131)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 11. Duties of the Department. The Department shall
4exercise the powers and duties prescribed by the Civil
5Administrative Code of Illinois for the administration of
6Licensing Acts and shall exercise such other powers and duties
7necessary for effectuating the purpose of this Act. However,
8the following powers and duties shall be exercised only upon
9review of the Board of Pharmacy to take such action:
10    (a) Formulate such rules, not inconsistent with law and
11subject to the Illinois Administrative Procedure Act, as may be
12necessary to carry out the purposes and enforce the provisions
13of this Act. The Director may grant variances from any such
14rules as provided for in this Section;
15    (b) The suspension, revocation, placing on probationary
16status, reprimand, and refusing to issue or restore any license
17or certificate of registration issued under the provisions of
18this Act for the reasons set forth in Section 30 of this Act.
19    (c) The issuance, renewal, restoration or reissuance of any
20license or certificate which has been previously refused to be
21issued or renewed, or has been revoked, suspended or placed on
22probationary status.
23    The granting of variances from rules promulgated pursuant
24to this Section in individual cases where there is a finding



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1        (1) the provision from which the variance is granted is
2    not statutorily mandated;
3        (2) no party will be injured by the granting of the
4    variance; and
5        (3) the rule from which the variance is granted would,
6    in the particular case, be unreasonable or unnecessarily
7    burdensome.
8    The Director shall notify the State Board of Pharmacy of
9the granting of such variance and the reasons therefor, at the
10next meeting of the Board.
11    (d) The Secretary shall appoint a chief pharmacy
12coordinator and at least 2 deputy pharmacy coordinators, all of
13whom shall be registered pharmacists in good standing in this
14State, shall be graduates of an accredited college of pharmacy
15or hold, at a minimum, a bachelor of science degree in
16pharmacy, and shall have at least 5 years of experience in the
17practice of pharmacy immediately prior to his or her
18appointment. The chief pharmacy coordinator shall be the
19executive administrator and the chief enforcement officer of
20this Act. The deputy pharmacy coordinators shall report to the
21chief pharmacy coordinator. The Secretary shall assign at least
22one deputy pharmacy coordinator to a region composed of Cook
23County and such other counties as the Secretary may deem
24appropriate, and such deputy pharmacy coordinator shall have
25his or her primary office in Chicago. The Secretary shall
26assign at least one deputy pharmacy coordinator to a region



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1composed of the balance of counties in the State, and such
2deputy pharmacy coordinator shall have his or her primary
3office in Springfield.
4    (e) The Secretary shall, in conformity with the Personnel
5Code, employ not less than 4 pharmacy investigators who shall
6report to the pharmacy coordinator or a deputy pharmacy
7coordinator. Each pharmacy investigator shall be a graduate of
8a 4-year college or university and shall (i) have at least 2
9years of investigative experience; (ii) have 2 years of
10responsible pharmacy experience; or (iii) be a licensed
11pharmacist unless employed as a pharmacy investigator on or
12before the effective date of this amendatory Act of the 99th
13General Assembly. The Department shall also employ at least one
14attorney to prosecute violations of this Act and its rules. The
15Department may, in conformity with the Personnel Code, employ
16such clerical and other employees as are necessary to carry out
17the duties of the Board and Department.
18    The duly authorized pharmacy investigators of the
19Department shall have the right to enter and inspect, during
20business hours, any pharmacy or any other place in this State
21holding itself out to be a pharmacy where medicines, drugs or
22drug products, or proprietary medicines are sold, offered for
23sale, exposed for sale, or kept for sale.
24(Source: P.A. 95-689, eff. 10-29-07.)
25    (225 ILCS 85/16c new)



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1    Sec. 16c. Medicine locking closure package.
2    (a) As used in this Section:
3    "Medicine locking closure package" means any alphanumeric
4combination locking closure mechanism that can only be unlocked
5with a user-generated, resettable alphanumeric code in
6combination with an amber prescription container that forms a
7package that allows only the person with a prescription access
8to the medicine.
9    "Schedule II controlled substance" means a Schedule II
10controlled substance under the United States Controlled
11Substances Act and 21 CFR 1308.
12    (b) Effective January 1, 2016, the Department shall
13implement a pilot project requiring that every new or refilled
14prescription for a Schedule II controlled substance containing
15hydrocodone dispensed by a pharmacy that voluntarily decides to
16participate in the pilot program shall only be dispensed in a
17non-reusable medicine locking closure package. The Department
18shall not expend more than $150,000 on this pilot program.
19    (c) The medicine locking closure package must be dispensed
20by the pharmacy with instructions for patient use.
21    (d) The manufacturer of the medicine locking closure
22package must make available assistance online or through a
23toll-free number for patient use.
24    (e) Prescriptions reimbursed via the Medicare Part D and
25Medicaid programs, including Medicaid managed care plans, are
26exempt from the provisions of this Section.



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1    (f) Prescriptions for individuals residing in facilities
2licensed under the Nursing Home Care Act are exempt from the
3provisions of this Section.
4    (g) This Section is repealed on January 1, 2017.
5    Section 99. Effective date. This Act takes effect upon
6becoming law, except that the changes to Sections 9, 9.5, and
711 of the Pharmacy Practice Act take effect January 1, 2017.".