(225 ILCS 85/30.1)
(Section scheduled to be repealed on January 1, 2023)
(a) When a pharmacist, registered certified pharmacy technician, or a registered pharmacy technician licensed by the Department is terminated for actions which may have threatened patient safety, the pharmacy or pharmacist-in-charge, pursuant to the policies and procedures of the pharmacy at which he or she is employed, shall report the termination to the chief pharmacy coordinator. Such reports shall be strictly confidential and may be reviewed and considered only by the members of the Board or by authorized Department staff. Such reports, and any records associated with such reports, are exempt from public disclosure and the Freedom of Information Act. Although the reports are exempt from disclosure, any formal complaint filed against a licensee or registrant by the Department or any order issued by the Department against a licensee, registrant, or applicant shall be a public record, except as otherwise prohibited by law.
(b) The report shall be submitted to the chief pharmacy coordinator in a timely fashion. Unless otherwise provided in this Section, the reports shall be filed in writing, on forms provided by the Department, within 60 days after a pharmacy's determination that a report is required under this Act. All reports shall contain only the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, license number, and last known
address and telephone number of the person who is the subject of the report.
(3) A brief description of the facts which gave
rise to the issuance of the report, including dates of occurrence.
(c) The contents of any report and any records associated with such report shall be strictly confidential and may only be reviewed by:
(1) members of the Board of Pharmacy;
(2) the Board of Pharmacy's designated attorney;
(3) administrative personnel assigned to open mail
containing reports, to process and distribute reports to authorized persons, and to communicate with senders of reports;
(4) Department investigators and Department
(5) attorneys from the Office of the Illinois
Attorney General representing the Department in litigation in response to specific disciplinary action the Department has taken or initiated against a specific individual pursuant to this Section.
(d) Whenever a pharmacy or pharmacist-in-charge makes a report and provides any records associated with that report to the Department, acts in good faith, and not in a willful and wanton manner, the person or entity making the report and the pharmacy or health care institution employing him or her shall not, as a result of such actions, be subject to criminal prosecution or civil damages.
(Source: P.A. 99-863, eff. 8-19-16