Full Text of HB3219 99th General Assembly
HB3219ham004 99TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 5/25/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3219
| 2 | | AMENDMENT NO. ______. Amend House Bill 3219 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Pharmacy Practice Act is amended by | 5 | | changing Sections 9, 9.5, and 11 and by adding Section 16c as | 6 | | follows:
| 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| 8 | | (Section scheduled to be repealed on January 1, 2018)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 | 10 | | shall be entitled
to registration as a registered pharmacy | 11 | | technician who is of the age of 16
or over, has not engaged in | 12 | | conduct or behavior determined to be grounds for
discipline | 13 | | under this Act, is attending or has
graduated from an | 14 | | accredited high school or comparable school or educational
| 15 | | institution or received a high school equivalency certificate, | 16 | | and has filed a written application for registration on a form
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| 1 | | to be prescribed and furnished by the Department for that | 2 | | purpose. The
Department shall issue a certificate of
| 3 | | registration as a registered pharmacy technician to any | 4 | | applicant who has
qualified as aforesaid, and such registration | 5 | | shall be the sole authority
required to assist licensed | 6 | | pharmacists in the practice of pharmacy, under
the supervision | 7 | | of a licensed pharmacist. A registered pharmacy technician may, | 8 | | under the supervision of a pharmacist, assist in the practice | 9 | | of pharmacy and perform such functions as assisting in the | 10 | | dispensing process, offering counseling, receiving new verbal | 11 | | prescription orders, and having prescriber contact concerning | 12 | | prescription drug order clarification. A registered pharmacy | 13 | | technician may not engage in patient counseling, drug regimen | 14 | | review, or clinical conflict resolution. | 15 | | Beginning on January 1, 2017 January 1, 2010 , within 2 | 16 | | years after initial registration as a registered pharmacy | 17 | | technician, the registrant must meet the requirements | 18 | | described in Section 9.5 of this Act and register as a | 19 | | registered certified pharmacy technician. If the registrant | 20 | | has not yet attained the age of 18, then upon the next renewal | 21 | | as a registered pharmacy technician, the registrant must meet | 22 | | the requirements described in Section 9.5 of this Act and | 23 | | register as a registered certified pharmacy technician a | 24 | | pharmacy technician must become certified by successfully | 25 | | passing the Pharmacy Technician Certification Board (PTCB) | 26 | | examination or another Board-approved pharmacy technician |
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| 1 | | examination and register as a certified pharmacy technician | 2 | | with the Department in order to continue to perform pharmacy | 3 | | technician's duties . This requirement does not apply to | 4 | | pharmacy technicians registered prior to January 1, 2008.
| 5 | | Any person registered
as a pharmacy technician who is also | 6 | | enrolled in a first professional
degree program in pharmacy in | 7 | | a school or college of pharmacy or a
department of pharmacy of | 8 | | a university approved by the Department or has graduated from | 9 | | such a program within the last 18 months, shall be
considered a | 10 | | "student pharmacist"
and entitled to use the title "student | 11 | | pharmacist". A student pharmacist must meet all of the | 12 | | requirements for registration as a pharmacy technician set | 13 | | forth in this Section excluding the requirement of | 14 | | certification prior to the second registration renewal and pay | 15 | | the required pharmacy technician registration fees. A student | 16 | | pharmacist may, under the supervision of a pharmacist, assist | 17 | | in the practice of pharmacy and perform any and all functions | 18 | | delegated to him or her by the pharmacist. | 19 | | Any person seeking licensure as a pharmacist who has | 20 | | graduated from a pharmacy program outside the United States | 21 | | must register as a pharmacy technician and shall be considered | 22 | | a "student pharmacist" and be entitled to use the title | 23 | | "student pharmacist" while completing the 1,200 clinical hours | 24 | | of training approved by the Board of Pharmacy described and for | 25 | | no more than 18 months after completion of these hours. These | 26 | | individuals are not required to become registered certified |
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| 1 | | pharmacy technicians while completing their Board approved | 2 | | clinical training, but must become licensed as a pharmacist or | 3 | | become a registered certified pharmacy technician before the | 4 | | second pharmacy technician registration renewal following | 5 | | completion of the Board approved clinical training. | 6 | | The Department shall not renew the pharmacy technician | 7 | | license of any person who has been registered as a "student | 8 | | pharmacist" and has dropped out of or been expelled from an | 9 | | ACPE accredited college of pharmacy, who has failed to complete | 10 | | his or her 1,200 hours of Board approved clinical training | 11 | | within 24 months or who has failed the pharmacist licensure | 12 | | examination 3 times and shall require these individuals to meet | 13 | | the requirements of and become registered as a registered | 14 | | certified pharmacy technician. | 15 | | The Department may
take any action set forth in Section 30 | 16 | | of this Act with regard to registrations
pursuant to this | 17 | | Section.
| 18 | | Any person who is enrolled in a non-traditional Pharm.D.
| 19 | | program at an ACPE accredited college of pharmacy and is a | 20 | | licensed pharmacist
under the laws of another United States | 21 | | jurisdiction shall be permitted to
engage in the program of | 22 | | practice experience required in the academic program
by virtue | 23 | | of such license. Such person shall be exempt from the | 24 | | requirement
of registration as a registered pharmacy | 25 | | technician while engaged in the
program of practice experience | 26 | | required in the academic program.
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| 1 | | An applicant for registration as a pharmacy technician may | 2 | | assist a
pharmacist in the practice of pharmacy for a period of | 3 | | up to
60 days prior to the issuance of a certificate of | 4 | | registration if the
applicant has submitted the required fee | 5 | | and an application for registration
to the Department. The | 6 | | applicant shall keep a copy of the submitted
application on the | 7 | | premises where the applicant is assisting in the
practice of | 8 | | pharmacy. The Department shall forward confirmation of receipt | 9 | | of the application with start and expiration dates of practice | 10 | | pending 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 | 15 | | technician. | 16 | | (a) An individual registered as a registered pharmacy | 17 | | technician under this Act may be registered as a registered | 18 | | certified pharmacy technician, if he or she meets all of the | 19 | | following 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, | 15 | | suspended, or restricted for disciplinary purposes may be | 16 | | eligible to be registered as a certified pharmacy technician. | 17 | | (c) The Department may, by rule, establish any additional | 18 | | requirements for certification under this Section.
| 19 | | (d) A person who is not a registered pharmacy technician | 20 | | and meets the requirements of this Section may register as a | 21 | | registered certified pharmacy technician without first | 22 | | registering as a pharmacy technician. | 23 | | (e) As a condition for the renewal of a certificate of | 24 | | registration as a registered certified pharmacy technician, | 25 | | the registrant shall provide evidence to the Department of | 26 | | completion of a total of 20 hours of continuing pharmacy |
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| 1 | | education during the 24 months preceding the expiration date of | 2 | | the certificate. One hour of continuing pharmacy education must | 3 | | be in the subject of pharmacy law. One hour of continuing | 4 | | pharmacy education must be in the subject of patient safety. | 5 | | The continuing education shall be approved by the Accreditation | 6 | | Council on Pharmacy Education. | 7 | | The Department shall establish by rule a means for the | 8 | | verification of completion of the continuing education | 9 | | required by this subsection (e). This verification may be | 10 | | accomplished through audits of records maintained by | 11 | | registrants, by requiring the filing of continuing education | 12 | | certificates with the Department or a qualified organization | 13 | | selected by the Department to maintain such records, or by | 14 | | other means established by the Department. | 15 | | Rules developed under this subsection (e) may provide for a | 16 | | reasonable annual fee, not to exceed $20, to fund the cost of | 17 | | such recordkeeping. The Department shall, by rule, further | 18 | | provide an orderly process for the reinstatement of a | 19 | | registration that has not been renewed due to the failure to | 20 | | meet the continuing pharmacy education requirements of this | 21 | | subsection (e). The Department may waive the requirements of | 22 | | continuing pharmacy education, in whole or in part, in cases of | 23 | | extreme hardship as defined by rule of the Department. The | 24 | | waivers shall be granted for not more than one of any 3 | 25 | | consecutive 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 | 4 | | exercise the
powers and duties prescribed by
the Civil | 5 | | Administrative Code of Illinois for the administration of | 6 | | Licensing
Acts and shall exercise such other powers and duties | 7 | | necessary for effectuating
the purpose of this Act. However, | 8 | | the following powers and duties shall be
exercised only upon | 9 | | review
of the Board of
Pharmacy to take such action:
| 10 | | (a) Formulate such rules, not inconsistent with law and | 11 | | subject to
the Illinois Administrative Procedure Act, as may be | 12 | | necessary to carry
out the purposes and enforce the provisions | 13 | | of this Act. The Director
may grant variances from any such | 14 | | rules as provided for in this Section;
| 15 | | (b) The suspension, revocation, placing on probationary
| 16 | | status, reprimand, and refusing to issue or restore any license | 17 | | or
certificate of registration issued under the provisions of | 18 | | this Act
for the reasons set forth in Section 30 of this Act.
| 19 | | (c) The issuance, renewal, restoration or reissuance of any | 20 | | license
or certificate which has been previously refused to be | 21 | | issued or renewed,
or has been revoked, suspended or placed on | 22 | | probationary status.
| 23 | | The granting of variances from rules promulgated pursuant | 24 | | to this Section in
individual cases where there is a finding | 25 | | that:
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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 | 9 | | the granting
of such variance and the reasons therefor, at the | 10 | | next meeting of the Board.
| 11 | | (d) The Secretary shall appoint a chief pharmacy | 12 | | coordinator and at least 2 deputy pharmacy coordinators, all of | 13 | | whom shall be registered pharmacists in good standing in this | 14 | | State, shall be graduates of an accredited college of pharmacy | 15 | | or hold, at a minimum, a bachelor of science degree in | 16 | | pharmacy, and shall have at least 5 years of experience in the | 17 | | practice of pharmacy immediately prior to his or her | 18 | | appointment. The chief pharmacy coordinator shall be the | 19 | | executive administrator and the chief enforcement officer of | 20 | | this Act. The deputy pharmacy coordinators shall report to the | 21 | | chief pharmacy coordinator. The Secretary shall assign at least | 22 | | one deputy pharmacy coordinator to a region composed of Cook | 23 | | County and such other counties as the Secretary may deem | 24 | | appropriate, and such deputy pharmacy coordinator shall have | 25 | | his or her primary office in Chicago. The Secretary shall | 26 | | assign at least one deputy pharmacy coordinator to a region |
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| 1 | | composed of the balance of counties in the State, and such | 2 | | deputy pharmacy coordinator shall have his or her primary | 3 | | office in Springfield. | 4 | | (e) The Secretary shall, in conformity with the Personnel | 5 | | Code, employ not less than 4 pharmacy investigators who shall | 6 | | report to the pharmacy coordinator or a deputy pharmacy | 7 | | coordinator. Each pharmacy investigator shall be a graduate of | 8 | | a 4-year college or university and shall (i) have at least 2 | 9 | | years of investigative experience; (ii) have 2 years of | 10 | | responsible pharmacy experience; or (iii) be a licensed | 11 | | pharmacist unless employed as a pharmacy investigator on or | 12 | | before the effective date of this amendatory Act of the 99th | 13 | | General Assembly . The Department shall also employ at least one | 14 | | attorney to prosecute violations of this Act and its rules. The | 15 | | Department may, in conformity with the Personnel Code, employ | 16 | | such clerical and other employees as are necessary to carry out | 17 | | the duties of the Board and Department. | 18 | | The duly authorized pharmacy investigators of the | 19 | | Department shall have the right to enter and inspect, during | 20 | | business hours, any pharmacy or any other place in this State | 21 | | holding itself out to be a pharmacy where medicines, drugs or | 22 | | drug products, or proprietary medicines are sold, offered for | 23 | | sale, 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 | 4 | | combination locking closure mechanism that can only be unlocked | 5 | | with a user-generated, resettable alphanumeric code in | 6 | | combination with an amber prescription container that forms a | 7 | | package that allows only the person with a prescription access | 8 | | to the medicine. | 9 | | "Schedule II controlled substance" means a Schedule II | 10 | | controlled substance under the United States Controlled | 11 | | Substances Act and 21 CFR 1308. | 12 | | (b) Effective January 1, 2016, the Department shall | 13 | | implement a pilot project requiring that every new or refilled | 14 | | prescription for a Schedule II controlled substance containing | 15 | | hydrocodone dispensed by a pharmacy that voluntarily decides to | 16 | | participate in the pilot program shall only be dispensed in a | 17 | | non-reusable medicine locking closure package. The Department | 18 | | shall not expend more than $150,000 on this pilot program. | 19 | | (c) The medicine locking closure package must be dispensed | 20 | | by the pharmacy with instructions for patient use. | 21 | | (d) The manufacturer of the medicine locking closure | 22 | | package must make available assistance online or through a | 23 | | toll-free number for patient use. | 24 | | (e) Prescriptions reimbursed via the Medicare Part D and | 25 | | Medicaid programs, including Medicaid managed care plans, are | 26 | | exempt from the provisions of this Section. |
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| 1 | | (f) Prescriptions for individuals residing in facilities | 2 | | licensed under the Nursing Home Care Act are exempt from the | 3 | | provisions of this Section. | 4 | | (g) This Section is repealed on January 1, 2017.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law, except that the changes to Sections 9, 9.5, and | 7 | | 11 of the Pharmacy Practice Act take effect January 1, 2017.".
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