Illinois General Assembly - Full Text of SB2104
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Full Text of SB2104  101st 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 Regulatory Sunset Act is amended by changing
5Sections 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 Acts repealed on January 1, 2020.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8Acts are repealed on January 1, 2020: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;
17101-357, eff. 8-9-19; revised 9-27-19.)
18    (5 ILCS 80/4.33)
19    Sec. 4.33. Acts repealed on January 1, 2023. The following
20Acts are repealed on January 1, 2023:
21    The Dietitian Nutritionist Practice Act.
22    The Elevator Safety and Regulation Act.



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1    The Fire Equipment Distributor and Employee Regulation Act
2of 2011.
3    The Funeral Directors and Embalmers Licensing Code.
4    The Naprapathic Practice Act.
5    The Pharmacy Practice Act.
6    The Professional Counselor and Clinical Professional
7Counselor Licensing and Practice Act.
8    The Wholesale Drug Distribution Licensing Act.
9(Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12;
1097-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff.
118-22-12; 97-1130, eff. 8-28-12; 97-1141, eff. 12-28-12.)
12    Section 10. The Pharmacy Practice Act is amended by
13changing Sections 4.5, 9, 9.5, 17.1, 30, 33, 35.3, 35.5, 35.9,
1435.10, and 35.21 and by adding Sections 15.1 and 22c as
16    (225 ILCS 85/4.5)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 4.5. The Collaborative Pharmaceutical Task Force. In
19order to protect the public and provide quality pharmaceutical
20care, the Collaborative Pharmaceutical Task Force is
21established. The Task Force shall discuss how to further
22advance the practice of pharmacy in a manner that recognizes
23the needs of the healthcare system, patients, pharmacies,
24pharmacists, and pharmacy technicians. As a part of its



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1discussions, the Task Force shall consider, at a minimum, the
3        (1) the extent to which providing whistleblower
4    protections for pharmacists and pharmacy technicians
5    reporting violation of worker policies and requiring
6    pharmacies to have at least one pharmacy technician on duty
7    whenever the practice of pharmacy is conducted, to set a
8    prescription filling limit of not more than 10
9    prescriptions filled per hour, to mandate at least 10
10    pharmacy technician hours per 100 prescriptions filled, to
11    place a general prohibition on activities that distract
12    pharmacists, to provide a pharmacist a minimum of 2
13    15-minute paid rest breaks and one 30-minute meal period in
14    each workday on which the pharmacist works at least 7
15    hours, to not require a pharmacist to work during a break
16    period, to pay to the pharmacist 3 times the pharmacist's
17    regular hourly rate of pay for each workday during which
18    the required breaks were not provided, to make available at
19    all times a room on the pharmacy's premises with adequate
20    seating and tables for the purpose of allowing a pharmacist
21    to enjoy break periods in a clean and comfortable
22    environment, to keep a complete and accurate record of the
23    break periods of its pharmacists, to limit a pharmacist
24    from working more than 8 hours a workday, and to retain
25    records of any errors in the receiving, filling, or
26    dispensing of prescriptions of any kind could be integrated



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1    into the Pharmacy Practice Act; and
2        (2) the extent to which requiring the Department to
3    adopt rules requiring pharmacy prescription systems
4    contain mechanisms to require prescription discontinuation
5    orders to be forwarded to a pharmacy, to require patient
6    verification features for pharmacy automated prescription
7    refills, and to require that automated prescription
8    refills notices clearly communicate to patients the
9    medication name, dosage strength, and any other
10    information required by the Department governing the use of
11    automated dispensing and storage systems to ensure that
12    discontinued medications are not dispensed to a patient by
13    a pharmacist or by any automatic refill dispensing systems
14    whether prescribed through electronic prescriptions or
15    paper prescriptions may be integrated into the Pharmacy
16    Practice Act to better protect the public.
17    In developing standards related to its discussions, the
18Collaborative Pharmaceutical Task Force shall consider the
19extent to which Public Act 99-473 (enhancing continuing
20education requirements for pharmacy technicians) and Public
21Act 99-863 (enhancing reporting requirements to the Department
22of pharmacy employee terminations) may be relevant to the
23issues listed in paragraphs (1) and (2).
24    The voting members of the Collaborative Pharmaceutical
25Task Force shall be appointed as follows:
26        (1) the Speaker of the House of Representatives, or his



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1    or her designee, shall appoint: a representative of a
2    statewide organization exclusively representing retailers,
3    including pharmacies; and a retired licensed pharmacist
4    who has previously served on the Board of Pharmacy and on
5    the executive committee of a national association
6    representing pharmacists and who shall serve as the
7    chairperson of the Collaborative Pharmaceutical Task
8    Force;
9        (2) the President of the Senate, or his or her
10    designee, shall appoint: a representative of a statewide
11    organization representing pharmacists; and a
12    representative of a statewide organization representing
13    unionized pharmacy employees;
14        (3) the Minority Leader of the House of
15    Representatives, or his or her designee, shall appoint: a
16    representative of a statewide organization representing
17    physicians licensed to practice medicine in all its
18    branches in Illinois; and a representative of a statewide
19    professional association representing pharmacists,
20    pharmacy technicians, pharmacy students, and others
21    working in or with an interest in hospital and
22    health-system pharmacy; and
23        (4) the Minority Leader of the Senate, or his or her
24    designee, shall appoint: a representative of a statewide
25    organization representing hospitals; and a representative
26    of a statewide association exclusively representing



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1    long-term care pharmacists.
2    The Secretary, or his or her designee, shall appoint the
3following non-voting members of the Task Force: a
4representative of the University of Illinois at Chicago College
5of Pharmacy; a clinical pharmacist who has done extensive study
6in pharmacy e-prescribing and e-discontinuation; and a
7representative of the Department.
8    The Department shall provide administrative support to the
9Collaborative Pharmaceutical Task Force. The Collaborative
10Pharmaceutical Task Force shall meet at least monthly at the
11call of the chairperson.
12    No later than September 1, 2019, the voting members of the
13Collaborative Pharmaceutical Task Force shall vote on
14recommendations concerning the standards in paragraphs (1) and
15(2) of this Section.
16    No later than November 1, 2019, the Department, in direct
17consultation with the Collaborative Pharmaceutical Task Force,
18shall propose rules for adoption that are consistent with the
19Collaborative Pharmaceutical Task Force's recommendations, or
20recommend legislation to the General Assembly, concerning the
21standards in paragraphs (1) and (2) of this Section.
22    For the purposes of continuing dialogue on best practices
23for pharmacy in the State of Illinois, the Task Force shall be
24reconvened beginning January 1, 2020. Members who served on the
25Task Force before January 1, 2020 shall continue to serve. The
26following additional voting members shall be appointed to the



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1Task Force as follows:
2        (A) one representative of a statewide organization
3    exclusively representing retailers, including pharmacies,
4    who shall be appointed by the Governor;
5        (B) one representative of a statewide organization
6    representing unionized pharmacy employees who shall be
7    appointed by the Governor;
8        (C) one member of the General Assembly who shall be
9    appointed by the Speaker of the House of Representatives;
10        (D) one member of the General Assembly who shall be
11    appointed by the Minority Leader of the House of
12    Representatives;
13        (E) one member of the General Assembly who shall be
14    appointed by the President of the Senate; and
15        (F) one member of the General Assembly who shall be
16    appointed by the Minority Leader of the Senate.
17    All provisions relating to the operation and meeting of the
18Task Force shall continue to apply during the extended period
19beginning January 1, 2020.
20    No later than October 1, 2020, the voting members of the
21Task Force shall vote on recommendations that are in addition
22to those voted on on or before September 1, 2019.
23    No later than November 1, 2020, the Department, in direct
24consultation with the Task Force, shall propose rules for
25adoption that are consistent with the Task Force's
26recommendations, or recommend legislation to the General



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1Assembly, concerning the items considered by the Task Force.
2    This Section is repealed on November 1, 2021 2020.
3(Source: P.A. 100-497, eff. 9-8-17.)
4    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 9. Licensure as registered pharmacy technician.
7    (a) Any person shall be entitled to licensure as a
8registered pharmacy technician who is of the age of 16 or over,
9has not engaged in conduct or behavior determined to be grounds
10for discipline under this Act, is attending or has graduated
11from an accredited high school or comparable school or
12educational institution or received a high school equivalency
13certificate, and has filed a written or electronic application
14for licensure on a form to be prescribed and furnished by the
15Department for that purpose. The Department shall issue a
16license as a registered pharmacy technician to any applicant
17who has qualified as aforesaid, and such license shall be the
18sole authority required to assist licensed pharmacists in the
19practice of pharmacy, under the supervision of a licensed
20pharmacist. A registered pharmacy technician may, under the
21supervision of a pharmacist, assist in the practice of pharmacy
22and perform such functions as assisting in the dispensing
23process, offering counseling, receiving new verbal
24prescription orders, and having prescriber contact concerning
25prescription drug order clarification. A registered pharmacy



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1technician may be delegated to perform any task within the
2practice of pharmacy if specifically trained for that task,
3except for not engage in patient counseling, drug regimen
4review, or clinical conflict resolution.
5    (b) Beginning on January 1, 2017, within 2 years after
6initial licensure as a registered pharmacy technician, the
7licensee must meet the requirements described in Section 9.5 of
8this Act and become licensed as a registered certified pharmacy
9technician. If the licensee has not yet attained the age of 18,
10then upon the next renewal as a registered pharmacy technician,
11the licensee must meet the requirements described in Section
129.5 of this Act and become licensed as a registered certified
13pharmacy technician. This requirement does not apply to
14pharmacy technicians registered prior to January 1, 2008.
15    (c) Any person registered as a pharmacy technician who is
16also enrolled in a first professional degree program in
17pharmacy in a school or college of pharmacy or a department of
18pharmacy of a university approved by the Department or has
19graduated from such a program within the last 18 months, shall
20be considered a "student pharmacist" and entitled to use the
21title "student pharmacist". A student pharmacist must meet all
22of the requirements for licensure as a registered pharmacy
23technician set forth in this Section excluding the requirement
24of certification prior to the second license renewal and pay
25the required registered pharmacy technician license fees. A
26student pharmacist may, under the supervision of a pharmacist,



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



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130 of this Act with regard to a license pursuant to this
3    (g) Any person who is enrolled in a non-traditional
4Pharm.D. program at an ACPE accredited college of pharmacy and
5is licensed as a registered pharmacist under the laws of
6another United States jurisdiction shall be permitted to engage
7in the program of practice experience required in the academic
8program by virtue of such license. Such person shall be exempt
9from the requirement of licensure as a registered pharmacy
10technician or registered certified pharmacy technician while
11engaged in the program of practice experience required in the
12academic program.
13    An applicant for licensure as a registered pharmacy
14technician may assist a pharmacist in the practice of pharmacy
15for a period of up to 60 days prior to the issuance of a license
16if the applicant has submitted the required fee and an
17application for licensure to the Department. The applicant
18shall keep a copy of the submitted application on the premises
19where the applicant is assisting in the practice of pharmacy.
20The Department shall forward confirmation of receipt of the
21application with start and expiration dates of practice pending
23(Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.)
24    (225 ILCS 85/9.5)
25    (Section scheduled to be repealed on January 1, 2020)



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1    Sec. 9.5. Registered certified pharmacy technician.
2    (a) An individual licensed as a registered pharmacy
3technician under this Act may be licensed as a registered
4certified pharmacy technician, if he or she meets all of the
5following requirements:
6        (1) He or she has submitted a written application in
7    the form and manner prescribed by the Department.
8        (2) He or she has attained the age of 18.
9        (3) He or she is of good moral character, as determined
10    by the Department.
11        (4) Beginning on January 1, 2022, a new pharmacy
12    technician is required to have He or she has (i) graduated
13    from a pharmacy technician training program that meets
14    meeting the requirements set forth in subsection (a) of
15    Section 17.1 of this Act or (ii) obtained documentation
16    from the pharmacist-in-charge of the pharmacy where the
17    applicant is employed verifying that he or she has
18    successfully completed a standardized nationally
19    accredited education and training program, and has
20    successfully completed an objective assessment mechanism
21    prepared in accordance with rules established by the
22    Department.
23        (5) He or she has successfully passed an examination
24    accredited by the National Commission for Certifying
25    Agencies, as approved and required by the Board or by rule.
26        (6) He or she has paid the required licensure fees.



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1    (b) No pharmacist whose license has been denied, revoked,
2suspended, or restricted for disciplinary purposes may be
3eligible to be registered as a certified pharmacy technician
4unless authorized by order of the Department as a condition of
5restoration from revocation, suspension, or restriction.
6    (c) The Department may, by rule, establish any additional
7requirements for licensure under this Section.
8    (d) A person who is not a licensed registered pharmacy
9technician and meets the requirements of this Section may be
10licensed as a registered certified pharmacy technician without
11first being licensed as a registered pharmacy technician.
12    (e) As a condition for the renewal of a license as a
13registered certified pharmacy technician, the licensee shall
14provide evidence to the Department of completion of a total of
1520 hours of continuing pharmacy education during the 24 months
16preceding the expiration date of the certificate as established
17by rule. One hour of continuing pharmacy education must be in
18the subject of pharmacy law. One hour of continuing pharmacy
19education must be in the subject of patient safety. The
20continuing education shall be approved by the Accreditation
21Council on Pharmacy Education.
22    The Department may establish by rule a means for the
23verification of completion of the continuing education
24required by this subsection (e). This verification may be
25accomplished through audits of records maintained by
26licensees, by requiring the filing of continuing education



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1certificates with the Department or a qualified organization
2selected by the Department to maintain such records, or by
3other means established by the Department.
4    Rules developed under this subsection (e) may provide for a
5reasonable annual fee, not to exceed $20, to fund the cost of
6such recordkeeping. The Department may, by rule, further
7provide an orderly process for the restoration of a license
8that has not been renewed due to the failure to meet the
9continuing pharmacy education requirements of this subsection
10(e). The Department may waive the requirements of continuing
11pharmacy education, in whole or in part, in cases of extreme
12hardship as defined by rule of the Department. The waivers may
13be granted for not more than one of any 2 3 consecutive renewal
15(Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.)
16    (225 ILCS 85/15.1 new)
17    Sec. 15.1. Pharmacy working conditions.
18    (a) A pharmacy licensed under this Act shall not require a
19pharmacist, student pharmacist, or pharmacy technician to work
20longer than 12 continuous hours per day, inclusive of the
21breaks required under subsection (b).
22    (b) A pharmacist who works 6 continuous hours or longer per
23day shall be allowed to take, at a minimum, one 30-minute
24uninterrupted meal break and one 15-minute break during that
256-hour period. If such pharmacist is required to work 12



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1continuous hours per day, at a minimum, he or she qualifies for
2an additional 15-minute break. A pharmacist who is entitled to
3take such breaks shall not be required to work more than 5
4continuous hours, excluding a 15-minute break, before being
5given the opportunity to take a 30-minute uninterrupted meal
6break. If the pharmacy has a private break room available, or
7if there is a private break room in the establishment or
8business in which the pharmacy is located, a pharmacist who is
9entitled to breaks must be given access to that private break
10room and allowed to spend his or her break time in that room.
11    (c) A pharmacy may, but is not required to, close when a
12pharmacist is allowed to take a break under subsection (b). If
13the pharmacy does not close, the pharmacist shall either remain
14within the licensed pharmacy or within the establishment in
15which the licensed pharmacy is located in order to be available
16for emergencies. In addition, the following applies:
17        (1) pharmacy technicians, student pharmacists, and
18    other supportive staff authorized by the pharmacist on duty
19    may continue to perform duties as allowed under this Act;
20        (2) no duties reserved to pharmacists and student
21    pharmacists under this Act, or that require the
22    professional judgment of a pharmacist, may be performed by
23    pharmacy technicians or other supportive staff; and
24        (3) only prescriptions that have received final
25    verification by a pharmacist may be dispensed while the
26    pharmacist is on break, except those prescriptions that



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1    require counseling by a pharmacist, including all new
2    prescriptions and those refill prescriptions for which a
3    pharmacist has determined that counseling is necessary,
4    may be dispensed only if the following conditions are met:
5            (i) the patient or other individual who is picking
6        up the prescription on behalf of the patient is told
7        that the pharmacist is on a break and is offered the
8        chance to wait until the pharmacist returns from break
9        in order to receive counseling;
10            (ii) if the patient or other individual who is
11        picking up the prescription on behalf of the patient
12        declines to wait, a telephone number at which the
13        patient or other individual who is picking up the
14        prescription on behalf of the patient can be reached is
15        obtained;
16            (iii) after returning from the break, the
17        pharmacist makes a reasonable effort to contact the
18        patient or other individual who is picking up the
19        prescription on behalf of the patient and provide
20        counseling; and
21            (iv) the pharmacist documents the counseling that
22        was provided or documents why counseling was not
23        provided after a minimum of 2 attempts, including a
24        description of the efforts made to contact the patient
25        or other individual who is picking up the prescription
26        on behalf of the patient; the documentation shall be



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1        retained by the pharmacy and made available for
2        inspection by the Board or its authorized
3        representatives for at least 2 years.
4    (d) In a pharmacy staffed by 2 or more pharmacists, the
5pharmacists shall stagger breaks so that at least one
6pharmacist remains on duty during all times that the pharmacy
7remains open for the transaction of business.
8    (e) A pharmacy shall keep and maintain a complete and
9accurate record showing its pharmacists' daily break periods.
10    (f) Subsections (a) and (b) shall not apply when an
11emergency, as deemed by the professional judgment of the
12pharmacist, necessitates that a pharmacist, student
13pharmacist, or pharmacy technician work longer than 12
14continuous hours, work without taking required meal breaks, or
15have a break interrupted in order to minimize immediate health
16risks for patients.
17    (225 ILCS 85/17.1)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 17.1. Registered pharmacy technician training.
20    (a) It Beginning January 1, 2004, it shall be the joint
21responsibility of a pharmacy and its pharmacist in charge to
22have trained all of its registered pharmacy technicians or
23obtain proof of prior training in all of the following practice
24areas as they apply to Illinois law and topics as they relate
25to the specific practice site and job responsibilities:



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1        (1) The duties and responsibilities of the technicians
2    and pharmacists.
3        (2) Tasks and technical skills, policies, and
4    procedures.
5        (3) Compounding, packaging, labeling, and storage.
6        (4) Pharmaceutical and medical terminology.
7        (5) Record keeping requirements.
8        (6) The ability to perform and apply arithmetic
9    calculations.
10    Beginning January 1, 2022, it shall also be the joint
11responsibility of a pharmacy and its pharmacist in charge to
12ensure that all new pharmacy technicians are educated and
13trained using a standard nationally accredited education and
14training program, such as those accredited by the Accreditation
15Council for Pharmacy Education (ACPE)/the American Society of
16Health-System Pharmacists (ASHP) or other board approved
17education and training programs. The pharmacist in charge is
18not required to provide the required education to the pharmacy
19technician, but the pharmacist in charge must ensure that the
20pharmacy technician has presented proof that he or she
21completed a standard nationally accredited or board approved
22education and training program.
23    (b) Within 2 years of initial licensure as a pharmacy
24technician and within 6 months before beginning any new after
25initial employment or changing the duties and responsibilities
26of a registered pharmacy technician, it shall be the joint



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1responsibility of the pharmacy and the pharmacist in charge to
2train the registered pharmacy technician or obtain proof of
3prior training in the areas listed in subsection (a) of this
4Section as they relate to the practice site or to document that
5the pharmacy technician is making appropriate progress.
6    (c) All pharmacies shall maintain an up-to-date training
7program policies and procedures manual describing the duties
8and responsibilities of a registered pharmacy technician and
9registered certified pharmacy technician.
10    (d) All pharmacies shall create and maintain retrievable
11records of training or proof of training as required in this
13(Source: P.A. 100-497, eff. 9-8-17.)
14    (225 ILCS 85/22c new)
15    Sec. 22c. Automated prescription refills.
16    (a) Before a prescription that has a refill on file from a
17prescribing practitioner may be included in an auto-refill
18program, a patient or patient's agent must enroll each
19prescription medication in an auto-refill program.
20Prescriptions without a refill on file are not eligible for
22    (b) Beginning January 1, 2021, a pharmacy using the
23National Council for Prescription Drug Programs's SCRIPT
24standard for receiving electronic prescriptions must enable,
25activate, and maintain the ability to receive transmissions of



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1electronic prescription cancellation and to transmit
2cancellation response transactions.
3    (c) Within 2 business days of receipt of a prescription
4cancellation transaction, pharmacy staff must either review
5the cancellation transaction for deactivation or provide that
6deactivation occurs automatically.
7    (d) The Department shall adopt rules to implement this
8Section. The rules shall ensure that discontinued medications
9are not dispensed to a patient by a pharmacist or by any
10automatic refill dispensing systems, whether prescribed
11through electronic prescriptions or paper prescriptions.
12    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 30. Refusal, revocation, suspension, or other
16    (a) The Department may refuse to issue or renew, or may
17revoke a license, or may suspend, place on probation, fine, or
18take any disciplinary or non-disciplinary action as the
19Department may deem proper, including fines not to exceed
20$10,000 for each violation, with regard to any licensee for any
21one or combination of the following causes:
22        1. Material misstatement in furnishing information to
23    the Department.
24        2. Violations of this Act, or the rules promulgated
25    hereunder.



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1        3. Making any misrepresentation for the purpose of
2    obtaining licenses.
3        4. A pattern of conduct which demonstrates
4    incompetence or unfitness to practice.
5        5. Aiding or assisting another person in violating any
6    provision of this Act or rules.
7        6. Failing, within 60 days, to respond to a written
8    request made by the Department for information.
9        7. Engaging in unprofessional, dishonorable, or
10    unethical conduct of a character likely to deceive, defraud
11    or harm the public.
12        8. Adverse action taken by another state or
13    jurisdiction against a license or other authorization to
14    practice as a pharmacy, pharmacist, registered certified
15    pharmacy technician, or registered pharmacy technician
16    that is the same or substantially equivalent to those set
17    forth in this Section, a certified copy of the record of
18    the action taken by the other state or jurisdiction being
19    prima facie evidence thereof.
20        9. Directly or indirectly giving to or receiving from
21    any person, firm, corporation, partnership, or association
22    any fee, commission, rebate or other form of compensation
23    for any professional services not actually or personally
24    rendered. Nothing in this item 9 affects any bona fide
25    independent contractor or employment arrangements among
26    health care professionals, health facilities, health care



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1    providers, or other entities, except as otherwise
2    prohibited by law. Any employment arrangements may include
3    provisions for compensation, health insurance, pension, or
4    other employment benefits for the provision of services
5    within the scope of the licensee's practice under this Act.
6    Nothing in this item 9 shall be construed to require an
7    employment arrangement to receive professional fees for
8    services rendered.
9        10. A finding by the Department that the licensee,
10    after having his license placed on probationary status has
11    violated the terms of probation.
12        11. Selling or engaging in the sale of drug samples
13    provided at no cost by drug manufacturers.
14        12. Physical illness, including but not limited to,
15    deterioration through the aging process, or loss of motor
16    skill which results in the inability to practice the
17    profession with reasonable judgment, skill or safety.
18        13. A finding that licensure or registration has been
19    applied for or obtained by fraudulent means.
20        14. Conviction by plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or
22    sentencing, including, but not limited to, convictions,
23    preceding sentences of supervision, conditional discharge,
24    or first offender probation, under the laws of any
25    jurisdiction of the United States that is (i) a felony or
26    (ii) a misdemeanor, an essential element of which is



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1    dishonesty, or that is directly related to the practice of
2    pharmacy.
3        15. Habitual or excessive use or addiction to alcohol,
4    narcotics, stimulants or any other chemical agent or drug
5    which results in the inability to practice with reasonable
6    judgment, skill or safety.
7        16. Willfully making or filing false records or reports
8    in the practice of pharmacy, including, but not limited to
9    false records to support claims against the medical
10    assistance program of the Department of Healthcare and
11    Family Services (formerly Department of Public Aid) under
12    the Public Aid Code.
13        17. Gross and willful overcharging for professional
14    services including filing false statements for collection
15    of fees for which services are not rendered, including, but
16    not limited to, filing false statements for collection of
17    monies for services not rendered from the medical
18    assistance program of the Department of Healthcare and
19    Family Services (formerly Department of Public Aid) under
20    the Public Aid Code.
21        18. Dispensing prescription drugs without receiving a
22    written or oral prescription in violation of law.
23        19. Upon a finding of a substantial discrepancy in a
24    Department audit of a prescription drug, including
25    controlled substances, as that term is defined in this Act
26    or in the Illinois Controlled Substances Act.



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1        20. Physical or mental illness or any other impairment
2    or disability, including, without limitation: (A)
3    deterioration through the aging process or loss of motor
4    skills that results in the inability to practice with
5    reasonable judgment, skill or safety; or (B) mental
6    incompetence, as declared by a court of competent
7    jurisdiction.
8        21. Violation of the Health Care Worker Self-Referral
9    Act.
10        22. Failing to sell or dispense any drug, medicine, or
11    poison in good faith. "Good faith", for the purposes of
12    this Section, has the meaning ascribed to it in subsection
13    (u) of Section 102 of the Illinois Controlled Substances
14    Act. "Good faith", as used in this item (22), shall not be
15    limited to the sale or dispensing of controlled substances,
16    but shall apply to all prescription drugs.
17        23. Interfering with the professional judgment of a
18    pharmacist by any licensee under this Act, or the
19    licensee's agents or employees.
20        24. Failing to report within 60 days to the Department
21    any adverse final action taken against a pharmacy,
22    pharmacist, registered pharmacy technician, or registered
23    certified pharmacy technician by another licensing
24    jurisdiction in any other state or any territory of the
25    United States or any foreign jurisdiction, any
26    governmental agency, any law enforcement agency, or any



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1    court for acts or conduct similar to acts or conduct that
2    would constitute grounds for discipline as defined in this
3    Section.
4        25. Failing to comply with a subpoena issued in
5    accordance with Section 35.5 of this Act.
6        26. Disclosing protected health information in
7    violation of any State or federal law.
8        27. Willfully failing to report an instance of
9    suspected abuse, neglect, financial exploitation, or
10    self-neglect of an eligible adult as defined in and
11    required by the Adult Protective Services Act.
12        28. Being named as an abuser in a verified report by
13    the Department on Aging under the Adult Protective Services
14    Act, and upon proof by clear and convincing evidence that
15    the licensee abused, neglected, or financially exploited
16    an eligible adult as defined in the Adult Protective
17    Services Act.
18        29. Using advertisements or making solicitations that
19    may jeopardize the health, safety, or welfare of patients,
20    including, but not be limited to, the use of advertisements
21    or solicitations that:
22            (A) are false, fraudulent, deceptive, or
23        misleading; or
24            (B) include any claim regarding a professional
25        service or product or the cost or price thereof that
26        cannot be substantiated by the licensee.



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1        30. Requiring a pharmacist to participate in the use or
2    distribution of advertisements or in making solicitations
3    that may jeopardize the health, safety, or welfare of
4    patients.
5        31. Failing to provide a working environment for all
6    pharmacy personnel that protects the health, safety, and
7    welfare of a patient, which includes, but is not limited
8    to, failing to:
9            (A) employ sufficient personnel to prevent
10        fatigue, distraction, or other conditions that
11        interfere with a pharmacist's ability to practice with
12        competency and safety or creates an environment that
13        jeopardizes patient care;
14            (B) provide appropriate opportunities for
15        uninterrupted rest periods and meal breaks;
16            (C) provide adequate time for a pharmacist to
17        complete professional duties and responsibilities,
18        including, but not limited to:
19                (i) drug utilization review;
20                (ii) immunization;
21                (iii) counseling;
22                (iv) verification of the accuracy of a
23            prescription; and
24                (v) all other duties and responsibilities of a
25            pharmacist as listed in the rules of the
26            Department.



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1        32. Introducing or enforcing external factors, such as
2    productivity or production quotas or other programs
3    against pharmacists, student pharmacists or pharmacy
4    technicians, to the extent that they interfere with the
5    ability of those individuals to provide appropriate
6    professional services to the public.
7        33. Providing an incentive for or inducing the transfer
8    of a prescription for a patient absent a professional
9    rationale.
10    (b) The Department may refuse to issue or may suspend the
11license of any person who fails to file a return, or to pay the
12tax, penalty or interest shown in a filed return, or to pay any
13final assessment of tax, penalty or interest, as required by
14any tax Act administered by the Illinois Department of Revenue,
15until such time as the requirements of any such tax Act are
17    (c) The Department shall revoke any license issued under
18the provisions of this Act or any prior Act of this State of
19any person who has been convicted a second time of committing
20any felony under the Illinois Controlled Substances Act, or who
21has been convicted a second time of committing a Class 1 felony
22under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
23person whose license issued under the provisions of this Act or
24any prior Act of this State is revoked under this subsection
25(c) shall be prohibited from engaging in the practice of
26pharmacy in this State.



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1    (d) Fines may be imposed in conjunction with other forms of
2disciplinary action, but shall not be the exclusive disposition
3of any disciplinary action arising out of conduct resulting in
4death or injury to a patient. Fines shall be paid within 60
5days or as otherwise agreed to by the Department. Any funds
6collected from such fines shall be deposited in the Illinois
7State Pharmacy Disciplinary Fund.
8    (e) The entry of an order or judgment by any circuit court
9establishing that any person holding a license or certificate
10under this Act is a person in need of mental treatment operates
11as a suspension of that license. A licensee may resume his or
12her practice only upon the entry of an order of the Department
13based upon a finding by the Board that he or she has been
14determined to be recovered from mental illness by the court and
15upon the Board's recommendation that the licensee be permitted
16to resume his or her practice.
17    (f) The Department shall issue quarterly to the Board a
18status of all complaints related to the profession received by
19the Department.
20    (g) In enforcing this Section, the Board or the Department,
21upon a showing of a possible violation, may compel any licensee
22or applicant for licensure under this Act to submit to a mental
23or physical examination or both, as required by and at the
24expense of the Department. The examining physician, or
25multidisciplinary team involved in providing physical and
26mental examinations led by a physician consisting of one or a



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1combination of licensed physicians, licensed clinical
2psychologists, licensed clinical social workers, licensed
3clinical professional counselors, and other professional and
4administrative staff, shall be those specifically designated
5by the Department. The Board or the Department may order the
6examining physician or any member of the multidisciplinary team
7to present testimony concerning this mental or physical
8examination of the licensee or applicant. No information,
9report, or other documents in any way related to the
10examination shall be excluded by reason of any common law or
11statutory privilege relating to communication between the
12licensee or applicant and the examining physician or any member
13of the multidisciplinary team. The individual to be examined
14may have, at his or her own expense, another physician of his
15or her choice present during all aspects of the examination.
16Failure of any individual to submit to a mental or physical
17examination when directed shall result in the automatic
18suspension of his or her license until such time as the
19individual submits to the examination. If the Board or
20Department finds a pharmacist, registered certified pharmacy
21technician, or registered pharmacy technician unable to
22practice because of the reasons set forth in this Section, the
23Board or Department shall require such pharmacist, registered
24certified pharmacy technician, or registered pharmacy
25technician to submit to care, counseling, or treatment by
26physicians or other appropriate health care providers approved



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1or designated by the Department as a condition for continued,
2restored reinstated, or renewed licensure to practice. Any
3pharmacist, registered certified pharmacy technician, or
4registered pharmacy technician whose license was granted,
5continued, restored reinstated, renewed, disciplined, or
6supervised, subject to such terms, conditions, or
7restrictions, and who fails to comply with such terms,
8conditions, or restrictions or to complete a required program
9of care, counseling, or treatment, as determined by the chief
10pharmacy coordinator, shall be referred to the Secretary for a
11determination as to whether the licensee shall have his or her
12license suspended immediately, pending a hearing by the Board.
13In instances in which the Secretary immediately suspends a
14license under this subsection (g), a hearing upon such person's
15license must be convened by the Board within 15 days after such
16suspension and completed without appreciable delay. The
17Department and Board shall have the authority to review the
18subject pharmacist's, registered certified pharmacy
19technician's, or registered pharmacy technician's record of
20treatment and counseling regarding the impairment.
21    (h) An individual or organization acting in good faith, and
22not in a willful and wanton manner, in complying with this
23Section by providing a report or other information to the
24Board, by assisting in the investigation or preparation of a
25report or information, by participating in proceedings of the
26Board, or by serving as a member of the Board shall not, as a



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1result of such actions, be subject to criminal prosecution or
2civil damages. Any person who reports a violation of this
3Section to the Department is protected under subsection (b) of
4Section 15 of the Whistleblower Act.
5    (i) Members of the Board shall have no liability in any
6action based upon any disciplinary proceedings or other
7activity performed in good faith as a member of the Board be
8indemnified by the State for any actions occurring within the
9scope of services on the Board, done in good faith, and not
10willful and wanton in nature. The Attorney General shall defend
11all such actions unless he or she determines either that there
12would be a conflict of interest in such representation or that
13the actions complained of were not in good faith or were
14willful and wanton.
15    If the Attorney General declines representation, the
16member shall have the right to employ counsel of his or her
17choice, whose fees shall be provided by the State, after
18approval by the Attorney General, unless there is a
19determination by a court that the member's actions were not in
20good faith or were willful and wanton.
21    The member must notify the Attorney General within 7 days
22of receipt of notice of the initiation of any action involving
23services of the Board. Failure to so notify the Attorney
24General shall constitute an absolute waiver of the right to a
25defense and indemnification.
26    The Attorney General shall determine, within 7 days after



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1receiving such notice, whether he or she will undertake to
2represent the member.
3(Source: P.A. 100-497, eff. 9-8-17.)
4    (225 ILCS 85/33)  (from Ch. 111, par. 4153)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 33. The Secretary may, upon receipt of a written
7communication from the Secretary of Human Services, the
8Director of Healthcare and Family Services (formerly Director
9of Public Aid), or the Director of Public Health that
10continuation of practice of a person licensed or registered
11under this Act constitutes an immediate danger to the public,
12immediately suspend the license of such person without a
13hearing. In instances in which the Secretary immediately
14suspends a license under this Act, a hearing upon such person's
15license must be convened by the Board within 15 days after such
16suspension and completed without appreciable delay, such
17hearing held to determine whether to recommend to the Secretary
18that the person's license be revoked, suspended, placed on
19probationary status or restored reinstated, or such person be
20subject to other disciplinary action. In such hearing, the
21written communication and any other evidence submitted
22therewith may be introduced as evidence against such person;
23provided however, the person, or his counsel, shall have the
24opportunity to discredit or impeach such evidence and submit
25evidence rebutting same.



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1(Source: P.A. 100-497, eff. 9-8-17.)
2    (225 ILCS 85/35.3)  (from Ch. 111, par. 4155.3)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 35.3. The Department, at its expense, shall preserve a
5record of all proceedings at the formal hearing of any case
6involving the refusal to issue, renew or discipline of a
7license. The notice of hearing, complaint and all other
8documents in the nature of pleadings and written motions filed
9in the proceedings, the transcript of testimony, the report of
10the Board or hearing officer, exhibits, and orders of the
11Department shall be the record of such proceeding.
12(Source: P.A. 85-796.)
13    (225 ILCS 85/35.5)  (from Ch. 111, par. 4155.5)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 35.5. The Department shall have power to subpoena and
16bring before it any person in this State and to take testimony,
17either orally or by deposition or both, with the same fees and
18mileage and in the same manner as prescribed by law in judicial
19proceedings in civil cases in circuit courts of this State. The
20Department may subpoena and compel the production of documents,
21papers, files, books, and records in connection with any
22hearing or investigation.
23    The Secretary, hearing officer, and any member of the
24Board, shall each have power to administer oaths to witnesses



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1at any hearing which the Department is authorized to conduct
2under this Act, and any other oaths required or authorized to
3be administered by the Department hereunder.
4(Source: P.A. 100-497, eff. 9-8-17.)
5    (225 ILCS 85/35.9)  (from Ch. 111, par. 4155.9)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 35.9. Whenever the Secretary Director is satisfied
8that substantial justice has not been done in the revocation,
9suspension or refusal to issue or renew a license or
10registration, the Secretary Director may order a rehearing by
11the same hearing officer and Board.
12(Source: P.A. 88-428.)
13    (225 ILCS 85/35.10)  (from Ch. 111, par. 4155.10)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 35.10. None of the disciplinary functions, powers and
16duties enumerated in this Act shall be exercised by the
17Department except upon the review of the Board.
18    In all instances, under this Act, in which the Board has
19rendered a recommendation to the Director with respect to a
20particular license or certificate, the Director shall, in the
21event that he or she disagrees with or takes action contrary to
22the recommendation of the Board, file with the Board his or her
23specific written reasons of disagreement with the Board.
24(Source: P.A. 95-689, eff. 10-29-07.)



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1    (225 ILCS 85/35.21)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 35.21. Citations.
4    (a) The Department may issue shall adopt rules to permit
5the issuance of citations to any licensee for any violation of
6this Act or the rules. The citation shall be issued to the
7licensee or other person alleged to have committed one or more
8violations and shall contain the licensee's or other person's
9name and address, the licensee's license number, if any, a
10brief factual statement, the Sections of this Act or the rules
11allegedly violated, and the penalty imposed, which shall not
12exceed $1,000. The citation must clearly state that if the
13cited person wishes to dispute the citation, he or she may
14request in writing, within 30 days after the citation is
15served, a hearing before the Department. If the cited person
16does not request a hearing within 30 days after the citation is
17served, then the citation shall become a final,
18non-disciplinary order and any fine imposed is due and payable.
19If the cited person requests a hearing within 30 days after the
20citation is served, the Department shall afford the cited
21person a hearing conducted in the same manner as a hearing
22provided in this Act for any violation of this Act and shall
23determine whether the cited person committed the violation as
24charged and whether the fine as levied is warranted. If the
25violation is found, any fine shall constitute discipline and be



SB2104 Enrolled- 36 -LRB101 09864 RAB 54966 b

1due and payable within 30 days of the order of the Secretary.
2Failure to comply with any final order may subject the licensed
3person to further discipline or other action by the Department
4or a referral to the State's Attorney.
5    (b) A citation must be issued within 6 months after the
6reporting of a violation that is the basis for the citation.
7    (c) Service of a citation shall be made in person,
8electronically, or by mail to the licensee at the licensee's
9address of record or email address of record.
10    (d) Nothing in this Section shall prohibit or limit the
11Department from taking further action pursuant to this Act and
12rules for additional, repeated, or continuing violations.
13    (e) The Department may adopt rules for the issuance of
14citations in accordance with this Section.
15(Source: P.A. 100-497, eff. 9-8-17.)
16    (225 ILCS 85/2.5 rep.)
17    (225 ILCS 85/29 rep.)
18    (225 ILCS 85/35.12 rep.)
19    Section 15. The Pharmacy Practice Act is amended by
20repealing Sections 2.5, 29, and 35.12.
21    Section 99. Effective date. This Act takes effect upon
22becoming law, except that Sections 10 and 15 take effect
23January 1, 2020.