Rep. Michael J. Zalewski

Adopted in House Comm. on Nov 12, 2019





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2    AMENDMENT NO. ______. Amend Senate Bill 2104 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.30 and 4.33 as follows:
6    (5 ILCS 80/4.30)
7    Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9    The Community Association Manager Licensing and
10Disciplinary Act.
11    The Illinois Landscape Architecture Act of 1989.
12    The Pharmacy Practice Act.
13(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
14100-863, eff. 8-14-18; 101-269, eff. 8-9-19; 101-310, eff.
158-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313,
16eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19;



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1101-357, eff. 8-9-19; revised 9-27-19.)
2    (5 ILCS 80/4.33)
3    Sec. 4.33. Acts repealed on January 1, 2023. The following
4Acts are repealed on January 1, 2023:
5    The Dietitian Nutritionist Practice Act.
6    The Elevator Safety and Regulation Act.
7    The Fire Equipment Distributor and Employee Regulation Act
8of 2011.
9    The Funeral Directors and Embalmers Licensing Code.
10    The Naprapathic Practice Act.
11    The Pharmacy Practice Act.
12    The Professional Counselor and Clinical Professional
13Counselor Licensing and Practice Act.
14    The Wholesale Drug Distribution Licensing Act.
15(Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12;
1697-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff.
178-22-12; 97-1130, eff. 8-28-12; 97-1141, eff. 12-28-12.)
18    Section 10. The Pharmacy Practice Act is amended by
19changing Sections 4.5, 9, 9.5, 17.1, 30, 33, 35.3, 35.5, 35.9,
2035.10, and 35.21 and by adding Sections 15.1 and 22c as
22    (225 ILCS 85/4.5)
23    (Section scheduled to be repealed on January 1, 2020)



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1    Sec. 4.5. The Collaborative Pharmaceutical Task Force. In
2order to protect the public and provide quality pharmaceutical
3care, the Collaborative Pharmaceutical Task Force is
4established. The Task Force shall discuss how to further
5advance the practice of pharmacy in a manner that recognizes
6the needs of the healthcare system, patients, pharmacies,
7pharmacists, and pharmacy technicians. As a part of its
8discussions, the Task Force shall consider, at a minimum, the
10        (1) the extent to which providing whistleblower
11    protections for pharmacists and pharmacy technicians
12    reporting violation of worker policies and requiring
13    pharmacies to have at least one pharmacy technician on duty
14    whenever the practice of pharmacy is conducted, to set a
15    prescription filling limit of not more than 10
16    prescriptions filled per hour, to mandate at least 10
17    pharmacy technician hours per 100 prescriptions filled, to
18    place a general prohibition on activities that distract
19    pharmacists, to provide a pharmacist a minimum of 2
20    15-minute paid rest breaks and one 30-minute meal period in
21    each workday on which the pharmacist works at least 7
22    hours, to not require a pharmacist to work during a break
23    period, to pay to the pharmacist 3 times the pharmacist's
24    regular hourly rate of pay for each workday during which
25    the required breaks were not provided, to make available at
26    all times a room on the pharmacy's premises with adequate



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1    seating and tables for the purpose of allowing a pharmacist
2    to enjoy break periods in a clean and comfortable
3    environment, to keep a complete and accurate record of the
4    break periods of its pharmacists, to limit a pharmacist
5    from working more than 8 hours a workday, and to retain
6    records of any errors in the receiving, filling, or
7    dispensing of prescriptions of any kind could be integrated
8    into the Pharmacy Practice Act; and
9        (2) the extent to which requiring the Department to
10    adopt rules requiring pharmacy prescription systems
11    contain mechanisms to require prescription discontinuation
12    orders to be forwarded to a pharmacy, to require patient
13    verification features for pharmacy automated prescription
14    refills, and to require that automated prescription
15    refills notices clearly communicate to patients the
16    medication name, dosage strength, and any other
17    information required by the Department governing the use of
18    automated dispensing and storage systems to ensure that
19    discontinued medications are not dispensed to a patient by
20    a pharmacist or by any automatic refill dispensing systems
21    whether prescribed through electronic prescriptions or
22    paper prescriptions may be integrated into the Pharmacy
23    Practice Act to better protect the public.
24    In developing standards related to its discussions, the
25Collaborative Pharmaceutical Task Force shall consider the
26extent to which Public Act 99-473 (enhancing continuing



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1education requirements for pharmacy technicians) and Public
2Act 99-863 (enhancing reporting requirements to the Department
3of pharmacy employee terminations) may be relevant to the
4issues listed in paragraphs (1) and (2).
5    The voting members of the Collaborative Pharmaceutical
6Task Force shall be appointed as follows:
7        (1) the Speaker of the House of Representatives, or his
8    or her designee, shall appoint: a representative of a
9    statewide organization exclusively representing retailers,
10    including pharmacies; and a retired licensed pharmacist
11    who has previously served on the Board of Pharmacy and on
12    the executive committee of a national association
13    representing pharmacists and who shall serve as the
14    chairperson of the Collaborative Pharmaceutical Task
15    Force;
16        (2) the President of the Senate, or his or her
17    designee, shall appoint: a representative of a statewide
18    organization representing pharmacists; and a
19    representative of a statewide organization representing
20    unionized pharmacy employees;
21        (3) the Minority Leader of the House of
22    Representatives, or his or her designee, shall appoint: a
23    representative of a statewide organization representing
24    physicians licensed to practice medicine in all its
25    branches in Illinois; and a representative of a statewide
26    professional association representing pharmacists,



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1    pharmacy technicians, pharmacy students, and others
2    working in or with an interest in hospital and
3    health-system pharmacy; and
4        (4) the Minority Leader of the Senate, or his or her
5    designee, shall appoint: a representative of a statewide
6    organization representing hospitals; and a representative
7    of a statewide association exclusively representing
8    long-term care pharmacists.
9    The Secretary, or his or her designee, shall appoint the
10following non-voting members of the Task Force: a
11representative of the University of Illinois at Chicago College
12of Pharmacy; a clinical pharmacist who has done extensive study
13in pharmacy e-prescribing and e-discontinuation; and a
14representative of the Department.
15    The Department shall provide administrative support to the
16Collaborative Pharmaceutical Task Force. The Collaborative
17Pharmaceutical Task Force shall meet at least monthly at the
18call of the chairperson.
19    No later than September 1, 2019, the voting members of the
20Collaborative Pharmaceutical Task Force shall vote on
21recommendations concerning the standards in paragraphs (1) and
22(2) of this Section.
23    No later than November 1, 2019, the Department, in direct
24consultation with the Collaborative Pharmaceutical Task Force,
25shall propose rules for adoption that are consistent with the
26Collaborative Pharmaceutical Task Force's recommendations, or



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1recommend legislation to the General Assembly, concerning the
2standards in paragraphs (1) and (2) of this Section.
3    For the purposes of continuing dialogue on best practices
4for pharmacy in the State of Illinois, the Task Force shall be
5reconvened beginning January 1, 2020. Members who served on the
6Task Force before January 1, 2020 shall continue to serve. The
7following additional voting members shall be appointed to the
8Task Force as follows:
9        (A) one representative of a statewide organization
10    exclusively representing retailers, including pharmacies,
11    who shall be appointed by the Governor;
12        (B) one representative of a statewide organization
13    representing unionized pharmacy employees who shall be
14    appointed by the Governor;
15        (C) one member of the General Assembly who shall be
16    appointed by the Speaker of the House of Representatives;
17        (D) one member of the General Assembly who shall be
18    appointed by the Minority Leader of the House of
19    Representatives;
20        (E) one member of the General Assembly who shall be
21    appointed by the President of the Senate; and
22        (F) one member of the General Assembly who shall be
23    appointed by the Minority Leader of the Senate.
24    All provisions relating to the operation and meeting of the
25Task Force shall continue to apply during the extended period
26beginning January 1, 2020.



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1    No later than October 1, 2020, the voting members of the
2Task Force shall vote on recommendations that are in addition
3to those voted on or before September 1, 2019.
4    No later than November 1, 2020, the Department, in direct
5consultation with the Task Force, shall propose rules for
6adoption that are consistent with the Task Force's
7recommendations, or recommend legislation to the General
8Assembly, concerning the items considered by the Task Force.
9    This Section is repealed on November 1, 2021 2020.
10(Source: P.A. 100-497, eff. 9-8-17.)
11    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 9. Licensure as registered pharmacy technician.
14    (a) Any person shall be entitled to licensure as a
15registered pharmacy technician who is of the age of 16 or over,
16has not engaged in conduct or behavior determined to be grounds
17for discipline under this Act, is attending or has graduated
18from an accredited high school or comparable school or
19educational institution or received a high school equivalency
20certificate, and has filed a written or electronic application
21for licensure on a form to be prescribed and furnished by the
22Department for that purpose. The Department shall issue a
23license as a registered pharmacy technician to any applicant
24who has qualified as aforesaid, and such license shall be the
25sole authority required to assist licensed pharmacists in the



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1practice of pharmacy, under the supervision of a licensed
2pharmacist. A registered pharmacy technician may, under the
3supervision of a pharmacist, assist in the practice of pharmacy
4and perform such functions as assisting in the dispensing
5process, offering counseling, receiving new verbal
6prescription orders, and having prescriber contact concerning
7prescription drug order clarification. A registered pharmacy
8technician may be delegated to perform any task within the
9practice of pharmacy if specifically trained for that task,
10except for not engage in patient counseling, drug regimen
11review, or clinical conflict resolution.
12    (b) Beginning on January 1, 2017, within 2 years after
13initial licensure as a registered pharmacy technician, the
14licensee must meet the requirements described in Section 9.5 of
15this Act and become licensed as a registered certified pharmacy
16technician. If the licensee has not yet attained the age of 18,
17then upon the next renewal as a registered pharmacy technician,
18the licensee must meet the requirements described in Section
199.5 of this Act and become licensed as a registered certified
20pharmacy technician. This requirement does not apply to
21pharmacy technicians registered prior to January 1, 2008.
22    (c) Any person registered as a pharmacy technician who is
23also enrolled in a first professional degree program in
24pharmacy in a school or college of pharmacy or a department of
25pharmacy of a university approved by the Department or has
26graduated from such a program within the last 18 months, shall



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



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



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1The Department shall forward confirmation of receipt of the
2application with start and expiration dates of practice pending
4(Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.)
5    (225 ILCS 85/9.5)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 9.5. Registered certified pharmacy technician.
8    (a) An individual licensed as a registered pharmacy
9technician under this Act may be licensed 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) Beginning on January 1, 2022, a new pharmacy
18    technician is required to have He or she has (i) graduated
19    from a pharmacy technician training program that meets
20    meeting the requirements set forth in subsection (a) of
21    Section 17.1 of this Act or (ii) obtained documentation
22    from the pharmacist-in-charge of the pharmacy where the
23    applicant is employed verifying that he or she has
24    successfully completed a standardized nationally
25    accredited education and training program, and has



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1    successfully completed an objective assessment mechanism
2    prepared in accordance with rules established by the
3    Department.
4        (5) He or she has successfully passed an examination
5    accredited by the National Commission for Certifying
6    Agencies, as approved and required by the Board or by rule.
7        (6) He or she has paid the required licensure fees.
8    (b) No pharmacist whose license has been denied, revoked,
9suspended, or restricted for disciplinary purposes may be
10eligible to be registered as a certified pharmacy technician
11unless authorized by order of the Department as a condition of
12restoration from revocation, suspension, or restriction.
13    (c) The Department may, by rule, establish any additional
14requirements for licensure under this Section.
15    (d) A person who is not a licensed registered pharmacy
16technician and meets the requirements of this Section may be
17licensed as a registered certified pharmacy technician without
18first being licensed as a registered pharmacy technician.
19    (e) As a condition for the renewal of a license as a
20registered certified pharmacy technician, the licensee shall
21provide evidence to the Department of completion of a total of
2220 hours of continuing pharmacy education during the 24 months
23preceding the expiration date of the certificate as established
24by rule. One hour of continuing pharmacy education must be in
25the subject of pharmacy law. One hour of continuing pharmacy
26education must be in the subject of patient safety. The



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1continuing education shall be approved by the Accreditation
2Council on Pharmacy Education.
3    The Department may establish by rule a means for the
4verification of completion of the continuing education
5required by this subsection (e). This verification may be
6accomplished through audits of records maintained by
7licensees, by requiring the filing of continuing education
8certificates with the Department or a qualified organization
9selected by the Department to maintain such records, or by
10other means established by the Department.
11    Rules developed under this subsection (e) may provide for a
12reasonable annual fee, not to exceed $20, to fund the cost of
13such recordkeeping. The Department may, by rule, further
14provide an orderly process for the restoration of a license
15that has not been renewed due to the failure to meet the
16continuing pharmacy education requirements of this subsection
17(e). The Department may waive the requirements of continuing
18pharmacy education, in whole or in part, in cases of extreme
19hardship as defined by rule of the Department. The waivers may
20be granted for not more than one of any 2 3 consecutive renewal
22(Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.)
23    (225 ILCS 85/15.1 new)
24    Sec. 15.1. Pharmacy working conditions.
25    (a) A pharmacy licensed under this Act shall not require a



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1pharmacist, student pharmacist, or pharmacy technician to work
2longer than 12 continuous hours per day, inclusive of the
3breaks required under subsection (b).
4    (b) A pharmacist who works 6 continuous hours or longer per
5day shall be allowed to take, at a minimum, one 30-minute
6uninterrupted meal break and one 15-minute break during that
76-hour period. If such pharmacist is required to work 12
8continuous hours per day, at a minimum, he or she qualifies for
9an additional 15-minute break. A pharmacist who is entitled to
10take such breaks shall not be required to work more than 5
11continuous hours, excluding a 15-minute break, before being
12given the opportunity to take a 30-minute uninterrupted meal
13break. If the pharmacy has a private break room available, or
14if there is a private break room in the establishment or
15business in which the pharmacy is located, a pharmacist who is
16entitled to breaks must be given access to that private break
17room and allowed to spend his or her break time in that room.
18    (c) A pharmacy may, but is not required to, close when a
19pharmacist is allowed to take a break under subsection (b). If
20the pharmacy does not close, the pharmacist shall either remain
21within the licensed pharmacy or within the establishment in
22which the licensed pharmacy is located in order to be available
23for emergencies. In addition, the following applies:
24        (1) pharmacy technicians, student pharmacists, and
25    other supportive staff authorized by the pharmacist on duty
26    may continue to perform duties as allowed under this Act;



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1        (2) no duties reserved to pharmacists and student
2    pharmacists under this Act, or that require the
3    professional judgment of a pharmacist, may be performed by
4    pharmacy technicians or other supportive staff; and
5        (3) only prescriptions that have received final
6    verification by a pharmacist may be dispensed while the
7    pharmacist is on break, except those prescriptions that
8    require counseling by a pharmacist, including all new
9    prescriptions and those refill prescriptions for which a
10    pharmacist has determined that counseling is necessary,
11    may be dispensed only if the following conditions are met:
12            (i) the patient or other individual who is picking
13        up the prescription on behalf of the patient is told
14        that the pharmacist is on a break and is offered the
15        chance to wait until the pharmacist returns from break
16        in order to receive counseling;
17            (ii) if the patient or other individual who is
18        picking up the prescription on behalf of the patient
19        declines to wait, a telephone number at which the
20        patient or other individual who is picking up the
21        prescription on behalf of the patient can be reached is
22        obtained;
23            (iii) after returning from the break, the
24        pharmacist makes a reasonable effort to contact the
25        patient or other individual who is picking up the
26        prescription on behalf of the patient and provide



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1        counseling; and
2            (iv) the pharmacist documents the counseling that
3        was provided or documents why counseling was not
4        provided after a minimum of 2 attempts, including a
5        description of the efforts made to contact the patient
6        or other individual who is picking up the prescription
7        on behalf of the patient; the documentation shall be
8        retained by the pharmacy and made available for
9        inspection by the Board or its authorized
10        representatives for at least 2 years.
11    (d) In a pharmacy staffed by 2 or more pharmacists, the
12pharmacists shall stagger breaks so that at least one
13pharmacist remains on duty during all times that the pharmacy
14remains open for the transaction of business.
15    (e) A pharmacy shall keep and maintain a complete and
16accurate record showing its pharmacists' daily break periods.
17    (f) Subsections (a) and (b) shall not apply when an
18emergency, as deemed by the professional judgment of the
19pharmacist, necessitates that a pharmacist, student
20pharmacist, or pharmacy technician work longer than 12
21continuous hours, work without taking required meal breaks, or
22have a break interrupted in order to minimize immediate health
23risks for patients.
24    (225 ILCS 85/17.1)
25    (Section scheduled to be repealed on January 1, 2020)



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1    Sec. 17.1. Registered pharmacy technician training.
2    (a) It Beginning January 1, 2004, it shall be the joint
3responsibility of a pharmacy and its pharmacist in charge to
4have trained all of its registered pharmacy technicians or
5obtain proof of prior training in all of the following practice
6areas as they apply to Illinois law and topics as they relate
7to the specific practice site and job responsibilities:
8        (1) The duties and responsibilities of the technicians
9    and pharmacists.
10        (2) Tasks and technical skills, policies, and
11    procedures.
12        (3) Compounding, packaging, labeling, and storage.
13        (4) Pharmaceutical and medical terminology.
14        (5) Record keeping requirements.
15        (6) The ability to perform and apply arithmetic
16    calculations.
17    Beginning January 1, 2022, it shall also be the joint
18responsibility of a pharmacy and its pharmacist in charge to
19ensure that all new pharmacy technicians are educated and
20trained using a standard nationally accredited education and
21training program, such as those accredited by the Accreditation
22Council for Pharmacy Education (ACPE)/the American Society of
23Health-System Pharmacists (ASHP) or other board approved
24education and training programs. The pharmacist in charge is
25not required to provide the required education to the pharmacy
26technician, but the pharmacist in charge must ensure that the



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1pharmacy technician has presented proof that he or she
2completed a standard nationally accredited or board approved
3education and training program.
4    (b) Within 2 years of initial licensure as a pharmacy
5technician and within 6 months before beginning any new after
6initial employment or changing the duties and responsibilities
7of a registered pharmacy technician, it shall be the joint
8responsibility of the pharmacy and the pharmacist in charge to
9train the registered pharmacy technician or obtain proof of
10prior training in the areas listed in subsection (a) of this
11Section as they relate to the practice site or to document that
12the pharmacy technician is making appropriate progress.
13    (c) All pharmacies shall maintain an up-to-date training
14program policies and procedures manual describing the duties
15and responsibilities of a registered pharmacy technician and
16registered certified pharmacy technician.
17    (d) All pharmacies shall create and maintain retrievable
18records of training or proof of training as required in this
20(Source: P.A. 100-497, eff. 9-8-17.)
21    (225 ILCS 85/22c new)
22    Sec. 22c. Automated prescription refills.
23    (a) Before a prescription that has a refill on file from a
24prescribing practitioner may be included in an auto-refill
25program, a patient or patient's agent must enroll each



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1prescription medication in an auto-refill program.
2Prescriptions without a refill on file are not eligible for
4    (b) Beginning January 1, 2021, a pharmacy using the
5National Council for Prescription Drug Programs's SCRIPT
6standard for receiving electronic prescriptions must enable,
7activate, and maintain the ability to receive transmissions of
8electronic prescription cancellation and to transmit
9cancellation response transactions.
10    (c) Within 2 business days of receipt of a prescription
11cancellation transaction, pharmacy staff must either review
12the cancellation transaction for deactivation or provide that
13deactivation occurs automatically.
14    (d) The Department shall adopt rules to implement this
15Section. The rules shall ensure that discontinued medications
16are not dispensed to a patient by a pharmacist or by any
17automatic refill dispensing systems, whether prescribed
18through electronic prescriptions or paper prescriptions.
19    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 30. Refusal, revocation, suspension, or other
23    (a) The Department may refuse to issue or renew, or may
24revoke a license, or may suspend, place on probation, fine, or
25take any disciplinary or non-disciplinary action as the



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1Department may deem proper, including fines not to exceed
2$10,000 for each violation, with regard to any licensee for any
3one or combination of the following causes:
4        1. Material misstatement in furnishing information to
5    the Department.
6        2. Violations of this Act, or the rules promulgated
7    hereunder.
8        3. Making any misrepresentation for the purpose of
9    obtaining licenses.
10        4. A pattern of conduct which demonstrates
11    incompetence or unfitness to practice.
12        5. Aiding or assisting another person in violating any
13    provision of this Act or rules.
14        6. Failing, within 60 days, to respond to a written
15    request made by the Department for information.
16        7. Engaging in unprofessional, dishonorable, or
17    unethical conduct of a character likely to deceive, defraud
18    or harm the public.
19        8. Adverse action taken by another state or
20    jurisdiction against a license or other authorization to
21    practice as a pharmacy, pharmacist, registered certified
22    pharmacy technician, or registered pharmacy technician
23    that is the same or substantially equivalent to those set
24    forth in this Section, a certified copy of the record of
25    the action taken by the other state or jurisdiction being
26    prima facie evidence thereof.



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1        9. Directly or indirectly giving to or receiving from
2    any person, firm, corporation, partnership, or association
3    any fee, commission, rebate or other form of compensation
4    for any professional services not actually or personally
5    rendered. Nothing in this item 9 affects any bona fide
6    independent contractor or employment arrangements among
7    health care professionals, health facilities, health care
8    providers, or other entities, except as otherwise
9    prohibited by law. Any employment arrangements may include
10    provisions for compensation, health insurance, pension, or
11    other employment benefits for the provision of services
12    within the scope of the licensee's practice under this Act.
13    Nothing in this item 9 shall be construed to require an
14    employment arrangement to receive professional fees for
15    services rendered.
16        10. A finding by the Department that the licensee,
17    after having his license placed on probationary status has
18    violated the terms of probation.
19        11. Selling or engaging in the sale of drug samples
20    provided at no cost by drug manufacturers.
21        12. Physical illness, including but not limited to,
22    deterioration through the aging process, or loss of motor
23    skill which results in the inability to practice the
24    profession with reasonable judgment, skill or safety.
25        13. A finding that licensure or registration has been
26    applied for or obtained by fraudulent means.



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1        14. Conviction by plea of guilty or nolo contendere,
2    finding of guilt, jury verdict, or entry of judgment or
3    sentencing, including, but not limited to, convictions,
4    preceding sentences of supervision, conditional discharge,
5    or first offender probation, under the laws of any
6    jurisdiction of the United States that is (i) a felony or
7    (ii) a misdemeanor, an essential element of which is
8    dishonesty, or that is directly related to the practice of
9    pharmacy.
10        15. Habitual or excessive use or addiction to alcohol,
11    narcotics, stimulants or any other chemical agent or drug
12    which results in the inability to practice with reasonable
13    judgment, skill or safety.
14        16. Willfully making or filing false records or reports
15    in the practice of pharmacy, including, but not limited to
16    false records to support claims against the medical
17    assistance program of the Department of Healthcare and
18    Family Services (formerly Department of Public Aid) under
19    the Public Aid Code.
20        17. Gross and willful overcharging for professional
21    services including filing false statements for collection
22    of fees for which services are not rendered, including, but
23    not limited to, filing false statements for collection of
24    monies for services not rendered from the medical
25    assistance program of the Department of Healthcare and
26    Family Services (formerly Department of Public Aid) under



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1    the Public Aid Code.
2        18. Dispensing prescription drugs without receiving a
3    written or oral prescription in violation of law.
4        19. Upon a finding of a substantial discrepancy in a
5    Department audit of a prescription drug, including
6    controlled substances, as that term is defined in this Act
7    or in the Illinois Controlled Substances Act.
8        20. Physical or mental illness or any other impairment
9    or disability, including, without limitation: (A)
10    deterioration through the aging process or loss of motor
11    skills that results in the inability to practice with
12    reasonable judgment, skill or safety; or (B) mental
13    incompetence, as declared by a court of competent
14    jurisdiction.
15        21. Violation of the Health Care Worker Self-Referral
16    Act.
17        22. Failing to sell or dispense any drug, medicine, or
18    poison in good faith. "Good faith", for the purposes of
19    this Section, has the meaning ascribed to it in subsection
20    (u) of Section 102 of the Illinois Controlled Substances
21    Act. "Good faith", as used in this item (22), shall not be
22    limited to the sale or dispensing of controlled substances,
23    but shall apply to all prescription drugs.
24        23. Interfering with the professional judgment of a
25    pharmacist by any licensee under this Act, or the
26    licensee's agents or employees.



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1        24. Failing to report within 60 days to the Department
2    any adverse final action taken against a pharmacy,
3    pharmacist, registered pharmacy technician, or registered
4    certified pharmacy technician by another licensing
5    jurisdiction in any other state or any territory of the
6    United States or any foreign jurisdiction, any
7    governmental agency, any law enforcement agency, or any
8    court for acts or conduct similar to acts or conduct that
9    would constitute grounds for discipline as defined in this
10    Section.
11        25. Failing to comply with a subpoena issued in
12    accordance with Section 35.5 of this Act.
13        26. Disclosing protected health information in
14    violation of any State or federal law.
15        27. Willfully failing to report an instance of
16    suspected abuse, neglect, financial exploitation, or
17    self-neglect of an eligible adult as defined in and
18    required by the Adult Protective Services Act.
19        28. Being named as an abuser in a verified report by
20    the Department on Aging under the Adult Protective Services
21    Act, and upon proof by clear and convincing evidence that
22    the licensee abused, neglected, or financially exploited
23    an eligible adult as defined in the Adult Protective
24    Services Act.
25        29. Using advertisements or making solicitations that
26    may jeopardize the health, safety, or welfare of patients,



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1    including, but not be limited to, the use of advertisements
2    or solicitations that:
3            (A) are false, fraudulent, deceptive, or
4        misleading; or
5            (B) include any claim regarding a professional
6        service or product or the cost or price thereof that
7        cannot be substantiated by the licensee.
8        30. Requiring a pharmacist to participate in the use or
9    distribution of advertisements or in making solicitations
10    that may jeopardize the health, safety, or welfare of
11    patients.
12        31. Failing to provide a working environment for all
13    pharmacy personnel that protects the health, safety, and
14    welfare of a patient, which includes, but is not limited
15    to, failing to:
16            (A) employ sufficient personnel to prevent
17        fatigue, distraction, or other conditions that
18        interfere with a pharmacist's ability to practice with
19        competency and safety or creates an environment that
20        jeopardizes patient care;
21            (B) provide appropriate opportunities for
22        uninterrupted rest periods and meal breaks;
23            (C) provide adequate time for a pharmacist to
24        complete professional duties and responsibilities,
25        including, but not limited to:
26                (i) drug utilization review;



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1                (ii) immunization;
2                (iii) counseling;
3                (iv) verification of the accuracy of a
4            prescription; and
5                (v) all other duties and responsibilities of a
6            pharmacist as listed in the rules of the
7            Department.
8        32. Introducing or enforcing external factors, such as
9    productivity or production quotas or other programs
10    against pharmacists, student pharmacists or pharmacy
11    technicians, to the extent that they interfere with the
12    ability of those individuals to provide appropriate
13    professional services to the public.
14        33. Providing an incentive for or inducing the transfer
15    of a prescription for a patient absent a professional
16    rationale.
17    (b) The Department may refuse to issue or may suspend the
18license of any person who fails to file a return, or to pay the
19tax, penalty or interest shown in a filed return, or to pay any
20final assessment of tax, penalty or interest, as required by
21any tax Act administered by the Illinois Department of Revenue,
22until such time as the requirements of any such tax Act are
24    (c) The Department shall revoke any license issued under
25the provisions of this Act or any prior Act of this State of
26any person who has been convicted a second time of committing



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1any felony under the Illinois Controlled Substances Act, or who
2has been convicted a second time of committing a Class 1 felony
3under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
4person whose license issued under the provisions of this Act or
5any prior Act of this State is revoked under this subsection
6(c) shall be prohibited from engaging in the practice of
7pharmacy in this State.
8    (d) Fines may be imposed in conjunction with other forms of
9disciplinary action, but shall not be the exclusive disposition
10of any disciplinary action arising out of conduct resulting in
11death or injury to a patient. Fines shall be paid within 60
12days or as otherwise agreed to by the Department. Any funds
13collected from such fines shall be deposited in the Illinois
14State Pharmacy Disciplinary Fund.
15    (e) The entry of an order or judgment by any circuit court
16establishing that any person holding a license or certificate
17under this Act is a person in need of mental treatment operates
18as a suspension of that license. A licensee may resume his or
19her practice only upon the entry of an order of the Department
20based upon a finding by the Board that he or she has been
21determined to be recovered from mental illness by the court and
22upon the Board's recommendation that the licensee be permitted
23to resume his or her practice.
24    (f) The Department shall issue quarterly to the Board a
25status of all complaints related to the profession received by
26the Department.



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1    (g) In enforcing this Section, the Board or the Department,
2upon a showing of a possible violation, may compel any licensee
3or applicant for licensure under this Act to submit to a mental
4or physical examination or both, as required by and at the
5expense of the Department. The examining physician, or
6multidisciplinary team involved in providing physical and
7mental examinations led by a physician consisting of one or a
8combination of licensed physicians, licensed clinical
9psychologists, licensed clinical social workers, licensed
10clinical professional counselors, and other professional and
11administrative staff, shall be those specifically designated
12by the Department. The Board or the Department may order the
13examining physician or any member of the multidisciplinary team
14to present testimony concerning this mental or physical
15examination of the licensee or applicant. No information,
16report, or other documents in any way related to the
17examination shall be excluded by reason of any common law or
18statutory privilege relating to communication between the
19licensee or applicant and the examining physician or any member
20of the multidisciplinary team. The individual to be examined
21may have, at his or her own expense, another physician of his
22or her choice present during all aspects of the examination.
23Failure of any individual to submit to a mental or physical
24examination when directed shall result in the automatic
25suspension of his or her license until such time as the
26individual submits to the examination. If the Board or



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1Department finds a pharmacist, registered certified pharmacy
2technician, or registered pharmacy technician unable to
3practice because of the reasons set forth in this Section, the
4Board or Department shall require such pharmacist, registered
5certified pharmacy technician, or registered pharmacy
6technician to submit to care, counseling, or treatment by
7physicians or other appropriate health care providers approved
8or designated by the Department as a condition for continued,
9restored reinstated, or renewed licensure to practice. Any
10pharmacist, registered certified pharmacy technician, or
11registered pharmacy technician whose license was granted,
12continued, restored reinstated, renewed, disciplined, or
13supervised, subject to such terms, conditions, or
14restrictions, and who fails to comply with such terms,
15conditions, or restrictions or to complete a required program
16of care, counseling, or treatment, as determined by the chief
17pharmacy coordinator, shall be referred to the Secretary for a
18determination as to whether the licensee shall have his or her
19license suspended immediately, pending a hearing by the Board.
20In instances in which the Secretary immediately suspends a
21license under this subsection (g), a hearing upon such person's
22license must be convened by the Board within 15 days after such
23suspension and completed without appreciable delay. The
24Department and Board shall have the authority to review the
25subject pharmacist's, registered certified pharmacy
26technician's, or registered pharmacy technician's record of



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1treatment and counseling regarding the impairment.
2    (h) An individual or organization acting in good faith, and
3not in a willful and wanton manner, in complying with this
4Section by providing a report or other information to the
5Board, by assisting in the investigation or preparation of a
6report or information, by participating in proceedings of the
7Board, or by serving as a member of the Board shall not, as a
8result of such actions, be subject to criminal prosecution or
9civil damages. Any person who reports a violation of this
10Section to the Department is protected under subsection (b) of
11Section 15 of the Whistleblower Act.
12    (i) Members of the Board shall have no liability in any
13action based upon any disciplinary proceedings or other
14activity performed in good faith as a member of the Board be
15indemnified by the State for any actions occurring within the
16scope of services on the Board, done in good faith, and not
17willful and wanton in nature. The Attorney General shall defend
18all such actions unless he or she determines either that there
19would be a conflict of interest in such representation or that
20the actions complained of were not in good faith or were
21willful and wanton.
22    If the Attorney General declines representation, the
23member shall have the right to employ counsel of his or her
24choice, whose fees shall be provided by the State, after
25approval by the Attorney General, unless there is a
26determination by a court that the member's actions were not in



10100SB2104ham001- 32 -LRB101 09864 SMS 64544 a

1good faith or were willful and wanton.
2    The member must notify the Attorney General within 7 days
3of receipt of notice of the initiation of any action involving
4services of the Board. Failure to so notify the Attorney
5General shall constitute an absolute waiver of the right to a
6defense and indemnification.
7    The Attorney General shall determine, within 7 days after
8receiving such notice, whether he or she will undertake to
9represent the member.
10(Source: P.A. 100-497, eff. 9-8-17.)
11    (225 ILCS 85/33)  (from Ch. 111, par. 4153)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 33. The Secretary may, upon receipt of a written
14communication from the Secretary of Human Services, the
15Director of Healthcare and Family Services (formerly Director
16of Public Aid), or the Director of Public Health that
17continuation of practice of a person licensed or registered
18under this Act constitutes an immediate danger to the public,
19immediately suspend the license of such person without a
20hearing. In instances in which the Secretary immediately
21suspends a license under this Act, a hearing upon such person's
22license must be convened by the Board within 15 days after such
23suspension and completed without appreciable delay, such
24hearing held to determine whether to recommend to the Secretary
25that the person's license be revoked, suspended, placed on



10100SB2104ham001- 33 -LRB101 09864 SMS 64544 a

1probationary status or restored reinstated, or such person be
2subject to other disciplinary action. In such hearing, the
3written communication and any other evidence submitted
4therewith may be introduced as evidence against such person;
5provided however, the person, or his counsel, shall have the
6opportunity to discredit or impeach such evidence and submit
7evidence rebutting same.
8(Source: P.A. 100-497, eff. 9-8-17.)
9    (225 ILCS 85/35.3)  (from Ch. 111, par. 4155.3)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 35.3. The Department, at its expense, shall preserve a
12record of all proceedings at the formal hearing of any case
13involving the refusal to issue, renew or discipline of a
14license. The notice of hearing, complaint and all other
15documents in the nature of pleadings and written motions filed
16in the proceedings, the transcript of testimony, the report of
17the Board or hearing officer, exhibits, and orders of the
18Department shall be the record of such proceeding.
19(Source: P.A. 85-796.)
20    (225 ILCS 85/35.5)  (from Ch. 111, par. 4155.5)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 35.5. The Department shall have power to subpoena and
23bring before it any person in this State and to take testimony,
24either orally or by deposition or both, with the same fees and



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1mileage and in the same manner as prescribed by law in judicial
2proceedings in civil cases in circuit courts of this State. The
3Department may subpoena and compel the production of documents,
4papers, files, books, and records in connection with any
5hearing or investigation.
6    The Secretary, hearing officer, and any member of the
7Board, shall each have power to administer oaths to witnesses
8at any hearing which the Department is authorized to conduct
9under this Act, and any other oaths required or authorized to
10be administered by the Department hereunder.
11(Source: P.A. 100-497, eff. 9-8-17.)
12    (225 ILCS 85/35.9)  (from Ch. 111, par. 4155.9)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 35.9. Whenever the Secretary Director is satisfied
15that substantial justice has not been done in the revocation,
16suspension or refusal to issue or renew a license or
17registration, the Secretary Director may order a rehearing by
18the same hearing officer and Board.
19(Source: P.A. 88-428.)
20    (225 ILCS 85/35.10)  (from Ch. 111, par. 4155.10)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 35.10. None of the disciplinary functions, powers and
23duties enumerated in this Act shall be exercised by the
24Department except upon the review of the Board.



10100SB2104ham001- 35 -LRB101 09864 SMS 64544 a

1    In all instances, under this Act, in which the Board has
2rendered a recommendation to the Director with respect to a
3particular license or certificate, the Director shall, in the
4event that he or she disagrees with or takes action contrary to
5the recommendation of the Board, file with the Board his or her
6specific written reasons of disagreement with the Board.
7(Source: P.A. 95-689, eff. 10-29-07.)
8    (225 ILCS 85/35.21)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 35.21. Citations.
11    (a) The Department may issue shall adopt rules to permit
12the issuance of citations to any licensee for any violation of
13this Act or the rules. The citation shall be issued to the
14licensee or other person alleged to have committed one or more
15violations and shall contain the licensee's or other person's
16name and address, the licensee's license number, if any, a
17brief factual statement, the Sections of this Act or the rules
18allegedly violated, and the penalty imposed, which shall not
19exceed $1,000. The citation must clearly state that if the
20cited person wishes to dispute the citation, he or she may
21request in writing, within 30 days after the citation is
22served, a hearing before the Department. If the cited person
23does not request a hearing within 30 days after the citation is
24served, then the citation shall become a final,
25non-disciplinary order and any fine imposed is due and payable.



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1If the cited person requests a hearing within 30 days after the
2citation is served, the Department shall afford the cited
3person a hearing conducted in the same manner as a hearing
4provided in this Act for any violation of this Act and shall
5determine whether the cited person committed the violation as
6charged and whether the fine as levied is warranted. If the
7violation is found, any fine shall constitute discipline and be
8due and payable within 30 days of the order of the Secretary.
9Failure to comply with any final order may subject the licensed
10person to further discipline or other action by the Department
11or a referral to the State's Attorney.
12    (b) A citation must be issued within 6 months after the
13reporting of a violation that is the basis for the citation.
14    (c) Service of a citation shall be made in person,
15electronically, or by mail to the licensee at the licensee's
16address of record or email address of record.
17    (d) Nothing in this Section shall prohibit or limit the
18Department from taking further action pursuant to this Act and
19rules for additional, repeated, or continuing violations.
20    (e) The Department may adopt rules for the issuance of
21citations in accordance with this Section.
22(Source: P.A. 100-497, eff. 9-8-17.)
23    (225 ILCS 85/2.5 rep.)
24    (225 ILCS 85/29 rep.)
25    (225 ILCS 85/35.12 rep.)



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1    Section 15. The Pharmacy Practice Act is amended by
2repealing Sections 2.5, 29, and 35.12.
3    Section 99. Effective date. This Act takes effect upon
4becoming law, except that Sections 10 and 15 take effect
5January 1, 2020.".