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90_SB0603enr
225 ILCS 80/21 from Ch. 111, par. 3921
Amends the Illinois Optometric Practice Act of 1987 to
add a caption.
LRB9003061DPmg
SB603 Enrolled LRB9003061DPmg
1 AN ACT concerning prescription drugs, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Pharmacy Practice Act of 1987 is amended
6 by changing Sections 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15,
7 17, 18, and 22 and adding Sections 22a and 40 as follows:
8 (225 ILCS 85/3) (from Ch. 111, par. 4123)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 3. For the purpose of this Act, except where
11 otherwise limited therein:
12 (a) "Pharmacy" or "drugstore" means and includes every
13 store, or shop, pharmacy department, or other place where:
14 (l) pharmaceutical care is provided by a pharmacist (1)
15 where; or (2) drugs, medicines, or poisons are dispensed, or
16 sold or offered for sale at retail,; or displayed for sale at
17 retail; or (2) (3) where prescriptions of physicians,
18 dentists, veterinarians, podiatrists, or therapeutically
19 certified optometrists, or other persons authorized to
20 prescribe drugs within the limits of their licenses, are
21 compounded, filled, or dispensed; or (3) (4) which has upon
22 it or displayed within it, or affixed to or used in
23 connection with it, a sign bearing the word or words
24 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
25 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
26 "Drugs", "Medicines", or any word or words of similar or like
27 import, either in the English language or any other language;
28 or (4) (5) where the characteristic prescription sign (Rx) or
29 similar design is exhibited; or (5) (6) any store, or shop,
30 or other place with respect to which any of the above words,
31 objects, signs or designs are used in any advertisement.
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1 (b) "Drugs" means and includes (l) articles recognized
2 in the official United States Pharmacopoeia/National
3 Formulary (USP/NF), or any supplement thereto and being
4 intended for and having for their main use the diagnosis,
5 cure, mitigation, treatment or prevention of disease in man
6 or other animals, as approved by the United States Food and
7 Drug Administration, but does not include devices or their
8 components, parts, or accessories; and (2) all other articles
9 intended for and having for their main use the diagnosis,
10 cure, mitigation, treatment or prevention of disease in man
11 or other animals, as approved by the United States Food and
12 Drug Administration, but does not include devices or their
13 components, parts, or accessories; and (3) articles (other
14 than food) having for their main use and intended to affect
15 the structure or any function of the body of man or other
16 animals; and (4) articles having for their main use and
17 intended for use as a component or any articles specified in
18 clause (l), (2) or (3); but does not include devices or their
19 components, parts or accessories.
20 (c) "Medicines" means and includes all drugs intended
21 for human or veterinary use approved by the United States
22 Food and Drug Administration.
23 (d) "Practice of pharmacy" means the provision of
24 pharmaceutical care to patients as determined by the
25 pharmacist's professional judgement in the following areas,
26 which may include, but are is not limited to, (1) patient
27 counseling, (2) interpretation and assisting in the
28 monitoring of appropriate drug use and prospective drug
29 utilization review, (3) providing information on the
30 therapeutic values, reactions, drug interactions, side
31 effects, uses, selection of medications and medical devices,
32 and outcome of drug therapy, (4) participation in drug
33 selection, drug monitoring, drug utilization review,
34 evaluation, administration, interpretation, application of
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1 and applying pharmacokinetic and laboratory data to design
2 safe and effective drug regimens, (5) and drug research
3 (clinical and scientific) when applicable in the pharmacist's
4 professional judgment, and (6) compounding and dispensing of
5 drugs and medical devices.
6 (e) "Prescription" means and includes any written, oral,
7 facsimile, or electronically transmitted order for drugs or
8 medical devices, issued by a physician licensed to practice
9 medicine in all its branches, dentist, veterinarian, or
10 podiatrist, or therapeutically certified optometrist, within
11 the limits of their licenses, containing the following: (l)
12 name of the patient; (2) date when prescription was issued
13 given; (3) name and strength of drug or description of the
14 medical device prescribed; and (4) quantity, (5) directions
15 for use, (6) prescriber's name, address and signature, and
16 (7) DEA number where required, for controlled substances. DEA
17 numbers shall not be required on inpatient drug orders.
18 (f) "Person" means and includes a natural person,
19 copartnership, association, or corporation, government
20 entity, or any other legal entity.
21 (g) "Department" means the Department of Professional
22 Regulation.
23 (h) "Board of Pharmacy" or "Board" means the State Board
24 of Pharmacy of the Department of Professional Regulation.
25 (i) "Director" means the Director of Professional
26 Regulation.
27 (j) "Drug product selection" means the interchange for a
28 prescribed pharmaceutical product in accordance with Section
29 25 of this Act and Section 3.14 of the Illinois Food, Drug
30 and Cosmetic Act.
31 (k) "Inpatient drug order" means an order issued by an
32 authorized prescriber for a resident or patient of a facility
33 licensed under the Nursing Home Care Act or the Hospital
34 Licensing Act, or "An Act in relation to the founding and
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1 operation of the University of Illinois Hospital and the
2 conduct of University of Illinois health care programs",
3 approved July 3, 1931, as amended, or a facility which is
4 operated by the Department of Mental Health and Developmental
5 Disabilities or the Department of Corrections.
6 (k-5) "Pharmacist" means an individual currently
7 licensed by this State to engage in the practice of pharmacy.
8 (l) "Pharmacist in charge" means the licensed pharmacist
9 whose name appears on a pharmacy license who is responsible
10 for all aspects of the operation related to the practice of
11 pharmacy.
12 (m) "Dispense" means the delivery of drugs and medical
13 devices, in accordance with applicable State and federal laws
14 and regulations, to the patient or the patient's
15 representative authorized to receive these products,
16 including the compounding, packaging, and labeling necessary
17 for delivery, and any recommending or advising concerning the
18 contents and therapeutic values and uses thereof. "Dispense"
19 does not mean the physical delivery to a patient or a
20 patient's representative in a home or institution by a
21 designee of a pharmacist or by common carrier. "Dispense"
22 also does not mean the physical delivery of a drug or medical
23 device to a patient or patient's representative by a
24 pharmacist's designee within a pharmacy or drugstore while
25 the pharmacist is on duty and the pharmacy is open.
26 (n) "Mail-order pharmacy" means a pharmacy that is
27 located in a state of the United States, other than Illinois,
28 that delivers, dispenses or distributes, through the United
29 States Postal Service or other common carrier, to Illinois
30 residents, any substance which requires a prescription.
31 (o) "Compounding" means the preparation, mixing,
32 assembling, packaging, or labeling of a drug or medical
33 device: (1) as the result of a practitioner's prescription
34 drug order or initiative that is dispensed pursuant to a
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1 prescription in the course of professional practice; or (2)
2 for the purpose of, or incident to, research, teaching, or
3 chemical analysis and not for sale or dispensing a
4 prescriber's order; or (3) the preparation of drugs or
5 medical devices in anticipation of prescription drug orders
6 based on routine, regularly observed prescribing patterns.
7 (p) "Confidential information" means information,
8 maintained by the pharmacist in the patient's records,
9 released only (i) to the patient or, as the patient directs,
10 to other practitioners and other pharmacists or (ii) to any
11 other person or governmental agency authorized by law to
12 receive the information.
13 (q) "Prospective drug review" or "drug utilization
14 evaluation" means a review of the screening for potential
15 drug therapy problems due to therapeutic duplication,
16 drug-disease contraindications, drug-drug interactions
17 (including serious interactions with nonprescription or
18 over-the-counter drugs), drug-food interactions, incorrect
19 drug dosage or duration of drug treatment, drug-allergy
20 interactions, and clinical abuse or misuse.
21 (r) "Patient counseling" means the communication between
22 a pharmacist or a student pharmacist under the direct
23 supervision of a pharmacist and a patient or the patient's
24 representative about the patient's medication or device for
25 the purpose of optimizing proper use of prescription
26 medications or devices. The offer to counsel by the
27 pharmacist or the pharmacist's designee, and subsequent
28 patient counseling by the pharmacist or student pharmacist,
29 shall be made in a face-to-face communication with the
30 patient or patient's representative unless, in the
31 professional judgment of the pharmacist, a face-to-face
32 communication is deemed inappropriate or unnecessary. In
33 that instance, the offer to counsel or patient counseling may
34 be made in a written communication, by telephone, or in a
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1 manner determined by the pharmacist to be appropriate. offer
2 to counsel shall be made by the pharmacist or the
3 pharmacist's designee in a face-to-face communication with
4 the patient, unless, in the professional judgment of the
5 pharmacists it is deemed inappropriate or unnecessary. In
6 such instances, it would be permissible for the offer to
7 counsel to be made in a written communication, by telephone
8 or in a manner determined by the pharmacist to be
9 appropriate.
10 (s) "Patient profiles" or "patient drug therapy record"
11 means the obtaining, recording, and maintenance of patient
12 prescription and personal information.
13 (t) "Pharmaceutical care" includes, but is not limited
14 to, the act of monitoring drug use and other patient care
15 services intended to achieve outcomes that improve the
16 patient's quality of life but shall not include the sale of
17 over-the-counter drugs by a seller of goods and services who
18 does not dispense prescription drugs.
19 (u) "Medical device" means an instrument, apparatus,
20 implement, machine, contrivance, implant, in vitro reagent,
21 or other similar or related article, including any component
22 part or accessory, required under federal law to bear the
23 label "Caution: Federal law requires dispensing by or on the
24 order of a physician". A seller of goods and services who,
25 only for the purpose of retail sales, compounds, sells,
26 rents, or leases medical devices shall not, by reasons
27 thereof, be required to be a licensed pharmacy.
28 (Source: P.A. 89-202, eff. 7-21-95.)
29 (Text of Section after amendment by P.A. 89-507)
30 Sec. 3. Definitions. For the purpose of this Act, except
31 where otherwise limited therein:
32 (a) "Pharmacy" or "drugstore" means and includes every
33 store, or shop, pharmacy department, or other place where:
34 (l) pharmaceutical care is provided by a pharmacist (1)
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1 where; or (2) drugs, medicines, or poisons are dispensed, or
2 sold or offered for sale at retail,; or displayed for sale at
3 retail; or (2) (3) where prescriptions of physicians,
4 dentists, veterinarians, podiatrists, or therapeutically
5 certified optometrists, or other persons authorized to
6 prescribe drugs within the limits of their licenses, are
7 compounded, filled, or dispensed; or (3) (4) which has upon
8 it or displayed within it, or affixed to or used in
9 connection with it, a sign bearing the word or words
10 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
11 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
12 "Drugs", "Medicines", or any word or words of similar or like
13 import, either in the English language or any other language;
14 or (4) (5) where the characteristic prescription sign (Rx) or
15 similar design is exhibited; or (5) (6) any store, or shop,
16 or other place with respect to which any of the above words,
17 objects, signs or designs are used in any advertisement.
18 (b) "Drugs" means and includes (l) articles recognized
19 in the official United States Pharmacopoeia/National
20 Formulary (USP/NF), or any supplement thereto and being
21 intended for and having for their main use the diagnosis,
22 cure, mitigation, treatment or prevention of disease in man
23 or other animals, as approved by the United States Food and
24 Drug Administration, but does not include devices or their
25 components, parts, or accessories; and (2) all other articles
26 intended for and having for their main use the diagnosis,
27 cure, mitigation, treatment or prevention of disease in man
28 or other animals, as approved by the United States Food and
29 Drug Administration, but does not include devices or their
30 components, parts, or accessories; and (3) articles (other
31 than food) having for their main use and intended to affect
32 the structure or any function of the body of man or other
33 animals; and (4) articles having for their main use and
34 intended for use as a component or any articles specified in
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1 clause (l), (2) or (3); but does not include devices or their
2 components, parts or accessories.
3 (c) "Medicines" means and includes all drugs intended
4 for human or veterinary use approved by the United States
5 Food and Drug Administration.
6 (d) "Practice of pharmacy" means the provision of
7 pharmaceutical care to patients as determined by the
8 pharmacist's professional judgment in the following areas,
9 which may include, but are is not limited to, (1) patient
10 counseling, (2) interpretation and assisting in the
11 monitoring of appropriate drug use and prospective drug
12 utilization review, (3) providing information on the
13 therapeutic values, reactions, drug interactions, side
14 effects, uses, selection of medications and medical devices,
15 and outcome of drug therapy, (4) participation in drug
16 selection, drug monitoring, drug utilization review,
17 evaluation, administration, interpretation, application of
18 and applying pharmacokinetic and laboratory data to design
19 safe and effective drug regimens, (5) and drug research
20 (clinical and scientific) when applicable in the pharmacist's
21 professional judgment, and (6) compounding and dispensing of
22 drugs and medical devices.
23 (e) "Prescription" means and includes any written, oral,
24 facsimile, or electronically transmitted order for drugs or
25 medical devices, issued by a physician licensed to practice
26 medicine in all its branches, dentist, veterinarian, or
27 podiatrist, or therapeutically certified optometrist, within
28 the limits of their licenses, containing the following: (l)
29 name of the patient; (2) date when prescription was issued
30 given; (3) name and strength of drug or description of the
31 medical device prescribed; and (4) quantity, (5) directions
32 for use, (6) prescriber's name, address and signature, and
33 (7) DEA number where required, for controlled substances. DEA
34 numbers shall not be required on inpatient drug orders.
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1 (f) "Person" means and includes a natural person,
2 copartnership, association, or corporation, government
3 entity, or any other legal entity.
4 (g) "Department" means the Department of Professional
5 Regulation.
6 (h) "Board of Pharmacy" or "Board" means the State Board
7 of Pharmacy of the Department of Professional Regulation.
8 (i) "Director" means the Director of Professional
9 Regulation.
10 (j) "Drug product selection" means the interchange for a
11 prescribed pharmaceutical product in accordance with Section
12 25 of this Act and Section 3.14 of the Illinois Food, Drug
13 and Cosmetic Act.
14 (k) "Inpatient drug order" means an order issued by an
15 authorized prescriber for a resident or patient of a facility
16 licensed under the Nursing Home Care Act or the Hospital
17 Licensing Act, or "An Act in relation to the founding and
18 operation of the University of Illinois Hospital and the
19 conduct of University of Illinois health care programs",
20 approved July 3, 1931, as amended, or a facility which is
21 operated by the Department of Human Services (as successor to
22 the Department of Mental Health and Developmental
23 Disabilities) or the Department of Corrections.
24 (k-5) "Pharmacist" means an individual currently
25 licensed by this State to engage in the practice of pharmacy.
26 (l) "Pharmacist in charge" means the licensed pharmacist
27 whose name appears on a pharmacy license who is responsible
28 for all aspects of the operation related to the practice of
29 pharmacy.
30 (m) "Dispense" means the delivery of drugs and medical
31 devices, in accordance with applicable State and federal laws
32 and regulations, to the patient or the patient's
33 representative authorized to receive these products,
34 including the compounding, packaging, and labeling necessary
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1 for delivery, and any recommending or advising concerning the
2 contents and therapeutic values and uses thereof. "Dispense"
3 does not mean the physical delivery to a patient or a
4 patient's representative in a home or institution by a
5 designee of a pharmacist or by common carrier. "Dispense"
6 also does not mean the physical delivery of a drug or medical
7 device to a patient or patient's representative by a
8 pharmacist's designee within a pharmacy or drugstore while
9 the pharmacist is on duty and the pharmacy is open.
10 (n) "Mail-order pharmacy" means a pharmacy that is
11 located in a state of the United States, other than Illinois,
12 that delivers, dispenses or distributes, through the United
13 States Postal Service or other common carrier, to Illinois
14 residents, any substance which requires a prescription.
15 (o) "Compounding" means the preparation, mixing,
16 assembling, packaging, or labeling of a drug or medical
17 device: (1) as the result of a practitioner's prescription
18 drug order or initiative that is dispensed pursuant to a
19 prescription in the course of professional practice; or (2)
20 for the purpose of, or incident to, research, teaching, or
21 chemical analysis and not for sale or dispensing a
22 prescriber's order; or (3) the preparation of drugs or
23 medical devices in anticipation of prescription drug orders
24 based on routine, regularly observed prescribing patterns.
25 (p) "Confidential information" means information,
26 maintained by the pharmacist in the patient's records,
27 released only (i) to the patient or, as the patient directs,
28 to other practitioners and other pharmacists or (ii) to any
29 other person or governmental agency authorized by law to
30 receive the information.
31 (q) "Prospective drug review" or "drug utilization
32 evaluation" means a review of the screening for potential
33 drug therapy problems due to therapeutic duplication,
34 drug-disease contraindications, drug-drug interactions
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1 (including serious interactions with nonprescription or
2 over-the-counter drugs), drug-food interactions, incorrect
3 drug dosage or duration of drug treatment, drug-allergy
4 interactions, and clinical abuse or misuse.
5 (r) "Patient counseling" means the communication between
6 a pharmacist or a student pharmacist under the direct
7 supervision of a pharmacist and a patient or the patient's
8 representative about the patient's medication or device for
9 the purpose of optimizing proper use of prescription
10 medications or devices. The offer to counsel by the
11 pharmacist or the pharmacist's designee, and subsequent
12 patient counseling by the pharmacist or student pharmacist,
13 shall be made in a face-to-face communication with the
14 patient or patient's representative unless, in the
15 professional judgment of the pharmacist, a face-to-face
16 communication is deemed inappropriate or unnecessary. In
17 that instance, the offer to counsel or patient counseling may
18 be made in a written communication, by telephone, or in a
19 manner determined by the pharmacist to be appropriate. offer
20 to counsel shall be made by the pharmacist or the
21 pharmacist's designee in a face-to-face communication with
22 the patient, unless, in the professional judgment of the
23 pharmacists it is deemed inappropriate or unnecessary. In
24 such instances, it would be permissible for the offer to
25 counsel to be made in a written communication, by telephone
26 or in a manner determined by the pharmacist to be
27 appropriate.
28 (s) "Patient profiles" or "patient drug therapy record"
29 means the obtaining, recording, and maintenance of patient
30 prescription and personal information.
31 (t) "Pharmaceutical care" includes, but is not limited
32 to, the act of monitoring drug use and other patient care
33 services intended to achieve outcomes that improve the
34 patient's quality of life but shall not include the sale of
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1 over-the-counter drugs by a seller of goods and services who
2 does not dispense prescription drugs.
3 (u) "Medical device" means an instrument, apparatus,
4 implement, machine, contrivance, implant, in vitro reagent,
5 or other similar or related article, including any component
6 part or accessory, required under federal law to bear the
7 label "Caution: Federal law requires dispensing by or on the
8 order of a physician". A seller of goods and services who,
9 only for the purpose of retail sales, compounds, sells,
10 rents, or leases medical devices shall not, by reasons
11 thereof, be required to be a licensed pharmacy.
12 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)
13 (225 ILCS 85/4) (from Ch. 111, par. 4124)
14 Sec. 4. Exemptions. Nothing contained in any Section of
15 this Act shall apply to, or in any manner interfere with;
16 (a) the lawful practice of any physician licensed to
17 practice medicine in all of its branches, dentist,
18 podiatrist, veterinarian, or therapeutically or
19 diagnostically certified optometrist or other persons
20 authorized to prescribe drugs within the limits of his or her
21 license their licenses, or prevent him or her from supplying
22 to his or her bona fide patients such drugs, medicines, or
23 poisons as may seem to him appropriate proper;
24 (b) the sale of compressed gases;
25 (c) the sale of patent or proprietary medicines and
26 household remedies when sold in original and unbroken
27 packages only, if such patent or proprietary medicines and
28 household remedies be properly and adequately labeled as to
29 content and usage and generally considered and accepted as
30 harmless and nonpoisonous when used according to the
31 directions on the label, and also do not contain opium or
32 coca leaves, or any compound, salt or derivative thereof, or
33 any drug which, according to the latest editions of the
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1 following authoritative pharmaceutical treatises and
2 standards, namely, The United States Pharmacopoeia/National
3 Formulary (USP/NF), the United States Dispensatory, and the
4 Accepted Dental Remedies of the Council of Dental
5 Therapeutics of the American Dental Association or any or
6 either of them, in use on the effective date of this Act, or
7 according to the existing provisions of the Federal Food,
8 Drug, and Cosmetic Act and Regulations of the Department of
9 Health and Human Services, Food and Drug Administration,
10 promulgated thereunder now in effect, is designated,
11 described or considered as a narcotic, hypnotic, habit
12 forming, dangerous, or poisonous drug;
13 (d) the sale of poultry and livestock remedies in
14 original and unbroken packages only, labeled for poultry and
15 livestock medication; and
16 (e) the sale of poisonous substances or mixture of
17 poisonous substances, in unbroken packages, for nonmedicinal
18 use in the arts or industries or for insecticide purposes;
19 provided, they are properly and adequately labeled as to
20 content and such nonmedicinal usage, in conformity with the
21 provisions of all applicable federal, state and local laws
22 and regulations promulgated thereunder now in effect relating
23 thereto and governing the same, and those which are required
24 under such applicable laws and regulations to be labeled with
25 the word "Poison", are also labeled with the word "Poison"
26 printed thereon in prominent type and the name of a readily
27 obtainable antidote with directions for its administration.
28 (Source: P.A. 85-796.)
29 (225 ILCS 85/5) (from Ch. 111, par. 4125)
30 Sec. 5. Application of Act.
31 (a) It shall be unlawful for any person to engage in the
32 practice of pharmacy in this State and it shall be unlawful
33 for any employer to allow any person in his or her employ to
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1 engage in the practice of pharmacy in this State, unless such
2 person who shall engage in the practice of pharmacy in this
3 State shall be first authorized to do so under the provisions
4 of this Act except that it shall be lawful for any person to
5 engage in and any person shall have the authority to engage
6 in the practice of pharmacy in this State through an agent or
7 employee who shall then be the holder of a valid and
8 unexpired license under the provisions of this Act and who
9 shall then carry on such practice of pharmacy on behalf of
10 his principal or employer to the extent and within the limits
11 of the authority applicable to his license.
12 (b) Nothing contained in this Act shall be construed to
13 invalidate any existing valid and unexpired certificate of
14 registration, nor any existing rights or privileges
15 thereunder, of any registered pharmacist, registered
16 assistant pharmacist, local registered pharmacist, or
17 registered pharmacy apprentice, in force on January 1, 1956
18 and issued under any prior Act of this State also in force on
19 January 1, 1956. Every person holding such a certificate of
20 registration shall have the authority to practice under this
21 Act, but shall be subject to the same limitations and
22 restrictions as were applicable to him or her in the Act
23 under which his or her certificate of registration was
24 issued. Each such certificate may be renewed as provided in
25 Section 12.
26 (c) It shall be unlawful for any person to take, use or
27 exhibit any word, object, sign or design described in
28 subsection (a) of Section 3 in connection with any drug
29 store, shop or other place or in any other manner to
30 advertise or hold himself out as operating or conducting a
31 drug store unless such drug store, shop, pharmacy department
32 or other place shall be operated and conducted in compliance
33 with the provisions of this Act.
34 (Source: P.A. 85-796.)
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1 (225 ILCS 85/7) (from Ch. 111, par. 4127)
2 Sec. 7. Application; examination. Applications for
3 original licenses shall be made to the Department in writing
4 on forms prescribed by the Department and shall be
5 accompanied by the required fee, which shall not be
6 refundable. Any such application shall require such
7 information as in the judgment of the Department will enable
8 the Board and Department to pass on the qualifications of the
9 applicant for a license.
10 The Department shall authorize examinations of applicants
11 as pharmacists not less than 3 times per twice a year at such
12 times and places as it may determine. The examination of
13 applicants shall be of a character to give a fair test of the
14 qualifications of the applicant to practice pharmacy.
15 Applicants for examination as pharmacists shall be
16 required to pay, either to the Department or the designated
17 testing service, a fee covering the cost of providing the
18 examination. Failure to appear for the examination on the
19 scheduled date, at the time and place specified, after the
20 applicant's application for examination has been received and
21 acknowledged by the Department or the designated testing
22 service, shall result in the forfeiture of the examination
23 fee. The examination shall be developed and provided by the
24 National Association of Boards of Pharmacy.
25 If an applicant neglects, fails or refuses to take an
26 examination or fails to pass an examination for a license
27 under this Act within 3 years after filing his application,
28 the application is denied. However, such applicant may
29 thereafter make a new application accompanied by the required
30 fee and show evidence of meeting the requirements in force at
31 the time of the new application.
32 The Department shall notify applicants taking the
33 examination of their results within 7 weeks of the
34 examination date. Further, the Department shall have the
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1 authority to immediately authorize such applicants who
2 successfully pass the examination to engage in the practice
3 of pharmacy.
4 An applicant shall have one year from the date of
5 notification of successful completion of the examination to
6 apply to the Department for a license. If an applicant fails
7 to make such application within one year the applicant shall
8 be required to again take and pass the examination.
9 The Department may employ consultants for the purpose of
10 preparing and conducting examinations.
11 (Source: P.A. 88-428.)
12 (225 ILCS 85/9) (from Ch. 111, par. 4129)
13 Sec. 9. Registration as pharmacy technician. Any person
14 shall be entitled to registration as a registered pharmacy
15 technician who is of the age of 16 or over, who has not
16 engaged in conduct or behavior determined to be grounds for
17 discipline under this Act, is of and temperate habits, is
18 attending or has graduated a graduate from an accredited high
19 school or comparable school or educational institution, and
20 who has filed a written application for registration
21 therefor, on a form to be prescribed and furnished by the
22 Department for that purpose. The Department shall issue a
23 certificate of registration as a registered pharmacy
24 technician to any applicant who has qualified as aforesaid,
25 and such registration shall be the sole authority required to
26 assist licensed pharmacists in the practice of pharmacy,
27 under the personal supervision of a licensed pharmacist. Any
28 person registered as a pharmacy technician who is also
29 enrolled in a first professional degree program in pharmacy
30 in a school or college of pharmacy or a department of
31 pharmacy of a university approved by the Department shall be
32 considered a "student pharmacist" and entitled to use the
33 title "student pharmacist". The Department, upon the
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1 recommendation of the Board, may take any action set forth in
2 Section 30 of this Act with regard to certificates pursuant
3 to this Section.
4 Any person who is enrolled in a non-traditional PharmD
5 program at an ACPE accredited college of pharmacy the
6 University of Illinois at Chicago College of Pharmacy
7 Continuation Curriculum Option leading to the Doctor of
8 Pharmacy degree and is a licensed pharmacist under the laws
9 of another United States jurisdiction shall be permitted to
10 engage in the program of practice experience required in the
11 academic program Continuation Curriculum Option by virtue of
12 such license. Such person shall be exempt from the
13 requirement of registration as a registered pharmacy
14 technician while engaged in the program of practice
15 experience required in the academic program Continuation
16 Curriculum Option.
17 An applicant for registration as a pharmacy technician
18 may assist a registered pharmacist in the practice of
19 pharmacy for a period of up to 60 days prior to the issuance
20 of a certificate of registration if the applicant has
21 submitted the required fee and an application for
22 registration to the Department. The applicant shall keep a
23 copy of the submitted application on the premises where the
24 applicant is assisting in the practice of pharmacy.
25 (Source: P.A. 86-596; 87-1237.)
26 (225 ILCS 85/10) (from Ch. 111, par. 4130)
27 Sec. 10. State Board of Pharmacy. There is created in the
28 Department the State Board of Pharmacy. It shall consist of 9
29 members, 7 of whom shall be licensed pharmacists. Each of
30 those 7 members must be a licensed pharmacist in good
31 standing in this State, a graduate of an accredited college
32 of pharmacy or hold a Bachelor of Science degree in Pharmacy
33 and have at least 5 years' practical experience in the
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1 practice of pharmacy subsequent to the date of his licensure
2 as a licensed pharmacist in the State of Illinois. There
3 shall be 2 public members, who shall be voting members, who
4 shall not be licensed pharmacists in this State or any other
5 state.
6 Each member shall be appointed by the Governor.
7 The terms of all members serving as of March 31, 1999
8 shall expire on that date. The Governor shall appoint 3
9 persons to serve one-year terms, 3 persons to serve 3-year
10 terms, and 3 persons to serve 5-year terms to begin April 1,
11 1999. Otherwise, members shall be appointed to 5 year terms.
12 No member shall be eligible to serve more than 12 consecutive
13 years. No member shall be eligible to serve for or during
14 more than 2 successive terms. Members serving on the
15 effective date of this Act shall complete their current term
16 and be eligible to serve one additional term.
17 In making the appointment of members on the Board, the
18 Governor shall give due consideration to recommendations by
19 the members of the profession of pharmacy and by
20 pharmaceutical organizations therein. The Governor shall
21 notify the pharmaceutical organizations promptly of any
22 vacancy of members on the Board and in appointing members
23 shall give consideration to individuals engaged in all types
24 and settings of pharmacy practice.
25 The Governor may remove any member of the Board for
26 misconduct, incapacity or neglect of duty and he shall be the
27 sole judge of the sufficiency of the cause for removal.
28 Every person appointed a member of the Board shall take
29 and subscribe the constitutional oath of office and file it
30 with the Secretary of State. Each member of the Board shall
31 be reimbursed for such actual and legitimate expenses as he
32 may incur in going to and from the place of meeting and
33 remaining thereat during sessions of the Board. In addition,
34 each member of the Board shall receive a per diem payment in
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1 an amount determined from time to time by the Director for
2 attendance at meetings of the Board and conducting other
3 official business of the Board.
4 The Board shall hold quarterly meetings and an annual
5 meeting in January of each year and such other meetings at
6 such times and places and upon such notice as the Board may
7 determine and as its business may require. Five members of
8 the Board shall constitute a quorum for the transaction of
9 business. The Director shall appoint a pharmacy coordinator,
10 who shall be someone other than a member of the Board. The
11 pharmacy coordinator shall be a registered pharmacist in good
12 standing in this State, shall be a graduate of an accredited
13 college of pharmacy, or hold at a minimum a Bachelor of
14 Science degree in Pharmacy and shall have at least 5 years'
15 experience in the practice of pharmacy immediately prior to
16 his appointment. The pharmacy coordinator shall be the
17 executive administrator and the chief enforcement officer of
18 the "Pharmacy Practice Act".
19 The Board shall exercise the rights, powers and duties
20 which have been vested in the Board under this Act, and any
21 other duties conferred upon the Board by law.
22 The Director shall, in conformity with the Personnel
23 Code, employ not less than 7 pharmacy investigators and 2
24 pharmacy supervisors. Each pharmacy investigator and each
25 supervisor shall be a registered pharmacist in good standing
26 in this State, and shall be a graduate of an accredited
27 college of pharmacy and have at least 5 years of experience
28 in the practice of pharmacy. The Department shall also employ
29 at least one attorney who is a pharmacist to prosecute
30 violations of this Act and its rules. The Department shall
31 also employ one pharmacist who is an attorney. The Department
32 may, in conformity with the Personnel Code, employ such
33 clerical and other employees as are necessary to carry out
34 the duties of the Board.
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1 The duly authorized pharmacy investigators of the
2 Department shall have the right to enter and inspect during
3 business hours any pharmacy or any other place in the State
4 of Illinois holding itself out to be a pharmacy where
5 medicines or drugs or drug products or proprietary medicines
6 are sold, offered for sale, exposed for sale, or kept for
7 sale. The pharmacy investigators shall be the only Department
8 investigators authorized to inspect, investigate, and monitor
9 probation compliance of pharmacists and pharmacies.
10 The Board shall render annually to the Director a report
11 of their proceedings during the preceding year, together with
12 such other information and recommendations as the Board deems
13 proper.
14 (Source: P.A. 87-1237; 88-428.)
15 (225 ILCS 85/11) (from Ch. 111, par. 4131)
16 Sec. 11. Duties of the Department. The Department shall
17 exercise the powers and duties prescribed by the Civil
18 Administrative Code of Illinois for the administration of
19 Licensing Acts and shall exercise such other powers and
20 duties necessary for effectuating the purpose of this Act.
21 However, the following powers and duties shall be exercised
22 only upon action and report in writing of a majority of the
23 Board of Pharmacy to take such action:
24 (a) Formulate such rules, not inconsistent with law and
25 subject to the Illinois Administrative Procedure Act, as may
26 be necessary to carry out the purposes and enforce the
27 provisions of this Act. The Director may grant variances
28 from any such rules as provided for in this Section;
29 (b) The suspension, revocation, censuring, placing on
30 probationary status, reprimand, and refusing to issue or
31 restore any license or certificate of registration issued
32 under the provisions of this Act for the reasons set forth in
33 Section 30 of this Act.
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1 (c) The issuance, renewal, restoration or reissuance of
2 any license or certificate which has been previously refused
3 to be issued or renewed, or has been revoked, suspended or
4 placed on probationary status.
5 The granting of variances from rules promulgated pursuant
6 to this Section in individual cases where there is a finding
7 that:
8 (1) the provision from which the variance is
9 granted is not statutorily mandated;
10 (2) no party will be injured by the granting of the
11 variance; and
12 (3) the rule from which the variance is granted
13 would, in the particular case, be unreasonable or
14 unnecessarily burdensome.
15 The Director shall notify the State Board of Pharmacy of
16 the granting of such variance and the reasons therefor, at
17 the next meeting of the Board.
18 (Source: P.A. 88-428.)
19 (225 ILCS 85/12) (from Ch. 111, par. 4132)
20 Sec. 12. Expiration of license; renewal. The expiration
21 date and renewal period for each license and certificate of
22 registration issued under this Act shall be set by rule.
23 As a condition for the renewal of a certificate of
24 registration as a registered pharmacist, the registrant shall
25 provide evidence to the Department of completion of a total
26 of 30 hours of pharmacy continuing education during the 2
27 calendar years preceding the expiration date of the
28 certificate. Such continuing education shall be approved by
29 the American Council on Pharmaceutical Education.
30 The Department shall establish by rule a means for the
31 verification of completion of the continuing education
32 required by this Section. This verification may be
33 accomplished through audits of records maintained by
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1 registrants, by requiring the filing of continuing education
2 certificates with the Department or a qualified organization
3 selected by the Department to maintain such records or by
4 other means established by the Department.
5 Rules developed under this Section may provide for a
6 reasonable biennial fee, not to exceed $20, to fund the cost
7 of such recordkeeping. The Department shall, by rule, further
8 provide an orderly process for the reinstatement of licenses
9 which have not been renewed due to the failure to meet the
10 continuing education requirements of this Section. The
11 requirements of continuing education may be waived, in whole
12 or in part, in cases of extreme hardship as defined by rule
13 of the Department. Such waivers shall be granted for not more
14 than one of any 3 consecutive renewal periods.
15 Any pharmacist who has permitted his license to expire or
16 who has had his license on inactive status may have his
17 license restored by making application to the Department and
18 filing proof acceptable to the Department of his fitness to
19 have his license restored, and by paying the required
20 restoration fee. The Department shall determine, by an
21 evaluation program established by rule his fitness for
22 restoration of his license and shall establish procedures and
23 requirements for such restoration. However, any pharmacist
24 who demonstrates that he has continuously maintained active
25 practice in another jurisdiction pursuant to a license in
26 good standing, and who has substantially complied with the
27 continuing education requirements of this Section shall not
28 be subject to further evaluation for purposes of this
29 Section.
30 Any licensee who shall engage in the practice for which
31 his or her license was issued while the license is expired
32 lapsed or on inactive status shall be considered to be
33 practicing without a license which, shall be grounds for
34 discipline under Section 30 of this Act.
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1 Any pharmacy operating on an expired a lapsed license is
2 engaged in the unlawful practice of pharmacy and is subject
3 to discipline under Section 30 of this Act. A pharmacy whose
4 license has been expired lapsed for one year or more may not
5 have its license restored but must apply for a new license
6 and meet all requirements for licensure. Any pharmacy whose
7 license has been expired lapsed for less than one year may
8 apply for restoration of its license and shall have its
9 license restored.
10 However, any pharmacist whose license expired while he
11 was (l) in Federal Service on active duty with the Armed
12 Forces of the United States, or the State Militia called into
13 service or training, or (2) in training or education under
14 the supervision of the United States preliminary to induction
15 into the military service, may have his license or
16 certificate restored without paying any lapsed renewal fees,
17 if within 2 years after honorable termination of such
18 service, training or education he furnishes the Department
19 with satisfactory evidence to the effect that he has been so
20 engaged and that his service, training or education has been
21 so terminated.
22 (Source: P.A. 85-796; 86-1434; 86-1472.)
23 (225 ILCS 85/13) (from Ch. 111, par. 4133)
24 Sec. 13. Inactive status. Any pharmacist who notifies
25 the Department, in writing on forms prescribed by the
26 Department, may elect to place his license on an inactive
27 status and shall be excused from payment of renewal fees and
28 completion of continuing education requirements until he
29 notifies the Department in writing of his intent to restore
30 his license.
31 Any pharmacist requesting restoration from inactive
32 status shall be required to pay the current renewal fee and
33 shall be required to restore his or her license or
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1 certificate, as provided by rule of the Department.
2 Any pharmacist whose license is in an inactive status
3 shall not practice in the State of Illinois.
4 Neither a pharmacy license nor a pharmacy technician
5 license may be placed on inactive status.
6 Continued practice on a license which has lapsed or been
7 placed on inactive status shall be considered to be
8 practicing without a license.
9 (Source: P.A. 85-796.)
10 (225 ILCS 85/14) (from Ch. 111, par. 4134)
11 Sec. 14. Structural and equipment requirements. No person
12 shall establish or move to a new location any pharmacy unless
13 the pharmacy is licensed with the Department and has on file
14 with the Department a verified statement that:
15 (1) 1. such pharmacy is or will be engaged in the
16 practice of pharmacy; and
17 (2) 2. such pharmacy will have in stock and shall
18 maintain sufficient drugs and materials as to protect the
19 public within 30 days after the issuance of the
20 registration of the pharmacy.
21 Division I, II, III, IV, or V pharmacies Every pharmacy
22 shall be in a suitable, well-lighted and well-ventilated area
23 with at least 300 square feet of clean and sanitary
24 contiguous space and shall be suitably equipped for
25 compounding prescriptions, storage of drugs and sale of drugs
26 and to otherwise conduct the practice of pharmacy. The space
27 occupied shall be equipped with a sink with hot and cold
28 water or facilities for heating water, proper sewage outlet,
29 refrigeration storage equipment, and such fixtures,
30 facilities, drugs, equipment and material, which shall
31 include the current editions of the United States
32 Pharmacopoeia/DI, Facts and Comparisons, or any other current
33 compendium approved by the Department, and other such
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1 reference works, as will enable a pharmacist to practice
2 pharmacy, including this Act and the rules promulgated under
3 this Act. Such pharmacy shall have the following items:
4 accurate weights of 0.5 gr. to 4 oz. and 20 mg to 100 Gm; and
5 a prescription balance equipped with balance indicator and
6 with mechanical means of arresting the oscillations of the
7 mechanism and which balance shall be sensitive to 0.5 grain
8 (32 mg) or less or an alternative weighing device as approved
9 by the Department, and such other measuring devices as may be
10 necessary for the conduct of the practice of pharmacy.
11 The provisions of this Section with regard to 300 square
12 feet of space shall apply to any pharmacy which is opened
13 after the effective date of this Act. Nothing shall require
14 a pharmacy in existence on the effective date of this Act
15 which is comprised of less than 300 square feet to provide
16 additional space to meet these requirements.
17 (Source: P.A. 87-1237; 88-428.)
18 (225 ILCS 85/15) (from Ch. 111, par. 4135)
19 (Text of Section before amendment by P.A. 89-507)
20 Sec. 15. It shall be unlawful for the owner of any
21 pharmacy, as drugstore, shop, pharmacy department or other
22 place in this State, defined in this Act as a "pharmacy" or
23 as a "drug store", to operate or conduct the same, or to
24 allow the same to be operated or conducted, unless:
25 (a) It has a licensed pharmacist, authorized to practice
26 pharmacy in this State under the provisions of this Act, on
27 duty whenever the practice of pharmacy is conducted pharmacy
28 within the establishment is open to the public;
29 (b) Security provisions for all drugs and devices, as
30 determined by rule of the Department, are provided during the
31 absence from the licensed pharmacy of all licensed
32 pharmacists. Maintenance of security provisions is the
33 responsibility of the licensed registered pharmacist in
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1 charge; and
2 (c) The pharmacy is licensed under this Act to do
3 business.
4 The Department shall, by rule, provide requirements for
5 each division of pharmacy license and shall, as well provide
6 guidelines for the designation of a registered pharmacist in
7 charge for each division.
8 Division I. Retail Licenses for pharmacies which are
9 open to, or offer pharmacy services to, the general public.
10 Division II. Licenses for pharmacies whose primary
11 pharmacy service is provided to patients or residents of
12 facilities licensed under the Nursing Home Care Act or the
13 Hospital Licensing Act, or "An Act in relation to the
14 founding and operation of the University of Illinois Hospital
15 and the conduct of University of Illinois health care
16 programs", approved July 3, 1931, as amended, and which are
17 not located in the facilities they serve.
18 Division III. Licenses for pharmacies which are located
19 in a facility licensed under the Nursing Home Care Act or the
20 Hospital Licensing Act, or "An Act in relation to the
21 founding and operation of the University of Illinois Hospital
22 and the conduct of University of Illinois health care
23 programs", approved July 3, 1931, as amended, or a facility
24 which is operated by the Department of Mental Health and
25 Developmental Disabilities or the Department of Corrections,
26 and which provide pharmacy services to residents or patients
27 of the facility, as well as employees, prescribers and
28 students of the facility.
29 Division IV. Licenses for pharmacies which provide or
30 offer for sale radioactive materials.
31 Division V. Licenses for pharmacies which hold licenses
32 in Division II or Division III which also provide pharmacy
33 services to the general public, or pharmacies which are
34 located in or whose primary pharmacy service is to ambulatory
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1 care facilities or schools of veterinary medicine or other
2 such institution or facility.
3 The Director may waive the requirement for a pharmacist
4 to be on duty at all times for State facilities not treating
5 human ailments.
6 It shall be unlawful for any person, who is not a
7 licensed pharmacy or health care facility, to purport to be
8 such or to use in name, title, or sign designating, or in
9 connection with that place of business, any of the words:
10 "pharmacy", "pharmacist", "pharmacy department",
11 "apothecary", "druggist", "drug", "drugs", "medicines",
12 "medicine store", "drug sundries", "prescriptions filled", or
13 any list of words indicating that drugs are compounded or
14 sold to the lay public, or prescriptions are dispensed
15 therein. Each day during which, or a part which, such
16 representation is made or appears or such a sign is allowed
17 to remain upon or in such a place of business shall
18 constitute a separate offense under this Act.
19 The holder of any license or certificate of registration
20 shall conspicuously display it in the pharmacy in which he is
21 engaged in the practice of pharmacy. The registered
22 pharmacist in charge shall conspicuously display his name in
23 such pharmacy. The pharmacy license shall also be
24 conspicuously displayed.
25 (Source: P.A. 86-820.)
26 (Text of Section after amendment by P.A. 89-507)
27 Sec. 15. Pharmacy requirements. It shall be unlawful for
28 the owner of any pharmacy, as drugstore, shop, pharmacy
29 department or other place in this State, defined in this Act
30 as a "pharmacy" or as a "drug store", to operate or conduct
31 the same, or to allow the same to be operated or conducted,
32 unless:
33 (a) It has a licensed pharmacist, authorized to practice
34 pharmacy in this State under the provisions of this Act, on
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1 duty whenever the practice of pharmacy is conducted pharmacy
2 within the establishment is open to the public;
3 (b) Security provisions for all drugs and devices, as
4 determined by rule of the Department, are provided during the
5 absence from the licensed pharmacy of all licensed
6 pharmacists. Maintenance of security provisions is the
7 responsibility of the licensed registered pharmacist in
8 charge; and
9 (c) The pharmacy is licensed under this Act to do
10 business.
11 The Department shall, by rule, provide requirements for
12 each division of pharmacy license and shall, as well provide
13 guidelines for the designation of a registered pharmacist in
14 charge for each division.
15 Division I. Retail Licenses for pharmacies which are
16 open to, or offer pharmacy services to, the general public.
17 Division II. Licenses for pharmacies whose primary
18 pharmacy service is provided to patients or residents of
19 facilities licensed under the Nursing Home Care Act or the
20 Hospital Licensing Act, or "An Act in relation to the
21 founding and operation of the University of Illinois Hospital
22 and the conduct of University of Illinois health care
23 programs", approved July 3, 1931, as amended, and which are
24 not located in the facilities they serve.
25 Division III. Licenses for pharmacies which are located
26 in a facility licensed under the Nursing Home Care Act or the
27 Hospital Licensing Act, or "An Act in relation to the
28 founding and operation of the University of Illinois Hospital
29 and the conduct of University of Illinois health care
30 programs", approved July 3, 1931, as amended, or a facility
31 which is operated by the Department of Human Services (as
32 successor to the Department of Mental Health and
33 Developmental Disabilities) or the Department of Corrections,
34 and which provide pharmacy services to residents or patients
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1 of the facility, as well as employees, prescribers and
2 students of the facility.
3 Division IV. Licenses for pharmacies which provide or
4 offer for sale radioactive materials.
5 Division V. Licenses for pharmacies which hold licenses
6 in Division II or Division III which also provide pharmacy
7 services to the general public, or pharmacies which are
8 located in or whose primary pharmacy service is to ambulatory
9 care facilities or schools of veterinary medicine or other
10 such institution or facility.
11 The Director may waive the requirement for a pharmacist
12 to be on duty at all times for State facilities not treating
13 human ailments.
14 It shall be unlawful for any person, who is not a
15 licensed pharmacy or health care facility, to purport to be
16 such or to use in name, title, or sign designating, or in
17 connection with that place of business, any of the words:
18 "pharmacy", "pharmacist", "pharmacy department",
19 "apothecary", "druggist", "drug", "drugs", "medicines",
20 "medicine store", "drug sundries", "prescriptions filled", or
21 any list of words indicating that drugs are compounded or
22 sold to the lay public, or prescriptions are dispensed
23 therein. Each day during which, or a part which, such
24 representation is made or appears or such a sign is allowed
25 to remain upon or in such a place of business shall
26 constitute a separate offense under this Act.
27 The holder of any license or certificate of registration
28 shall conspicuously display it in the pharmacy in which he is
29 engaged in the practice of pharmacy. The registered
30 pharmacist in charge shall conspicuously display his name in
31 such pharmacy. The pharmacy license shall also be
32 conspicuously displayed.
33 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (225 ILCS 85/17) (from Ch. 111, par. 4137)
2 Sec. 17. Disposition of legend drugs on cessation of
3 pharmacy operations.
4 (a) The pharmacist in charge of a pharmacy which has its
5 pharmacy license revoked or otherwise ceases operation shall
6 notify the Department and forward to the Department a copy of
7 the closing inventory of controlled substances and a
8 statement indicating the intended manner of disposition of
9 all legend drugs and prescription files within 10 days of
10 such revocation or cessation of operation.
11 (b) The Department shall approve the intended manner of
12 disposition of all legend drugs prior to disposition of such
13 drugs by the pharmacist in charge.
14 (1) The Department shall notify the pharmacist in
15 charge of approval of the manner of disposition of all
16 legend drugs, or disapproval accompanied by reasons for
17 such disapproval, within 10 days of receipt of the
18 statement from the pharmacist in charge. In the event
19 that the manner of disposition is not approved, the
20 pharmacist in charge shall notify the Department of an
21 alternative manner of disposition within 10 days of the
22 receipt of disapproval.
23 (2) If disposition of all legend drugs does not
24 occur within 10 days after approval is received from the
25 Department, or if no alternative method of disposition is
26 submitted to the Department within 10 days of the
27 Department's disapproval, the Director shall notify the
28 pharmacist in charge by mail at the address of the
29 closing pharmacy, of the Department's intent to
30 confiscate all legend drugs. The Notice of Intent to
31 Confiscate shall be the final administrative decision of
32 the Department, as that term is defined in the
33 Administrative Review Law, and the confiscation of all
34 prescription drugs shall be effected.
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1 (b-5) In the event that the pharmacist in charge has
2 died or is otherwise physically incompetent to perform the
3 duties of this Section, the owner of a pharmacy that has its
4 license revoked or otherwise ceases operation shall be
5 required to fulfill the duties otherwise imposed upon the
6 pharmacist in charge.
7 (c) The pharmacist in charge of a pharmacy which
8 acquires prescription files from a pharmacy which ceases
9 operation shall be responsible for the preservation of such
10 acquired prescriptions for the remainder of the term that
11 such prescriptions are required to be preserved by this Act.
12 (d) Failure to comply with this Section shall be grounds
13 for denying an application or renewal application for a
14 pharmacy license or for disciplinary action against a
15 registration.
16 (e) Compliance with the provisions of the Illinois
17 Controlled Substances Act concerning the disposition of
18 controlled substances shall be deemed compliance with this
19 Section with respect to legend drugs which are controlled
20 substances.
21 (Source: P.A. 88-428.)
22 (225 ILCS 85/18) (from Ch. 111, par. 4138)
23 Sec. 18. Record retention. There shall be kept in every
24 drugstore or pharmacy a suitable book, file, or electronic
25 record keeping system in which shall be preserved for a
26 period of not less than 5 years the original of every written
27 prescription and the original transcript or copy of every
28 verbal prescription filled, compounded, or dispensed, in such
29 pharmacy; and such book or file of prescriptions shall at all
30 reasonable times be open to inspection to the pharmacy
31 coordinator and the duly authorized agents or employees of
32 the Department.
33 Records kept pursuant to this Section may be maintained
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1 in an alternative data retention system, such as a direct
2 digital imaging system, provided that:
3 (1) the records maintained in the alternative data
4 retention system contain all of the information required
5 in a manual record;
6 (2) the data processing system is capable of
7 producing a hard copy of the electronic record on the
8 request of the Board, its representative, or other
9 authorized local, State, or federal law enforcement or
10 regulatory agency; and
11 (3) the digital images are recorded and stored only
12 by means of a technology that does not allow subsequent
13 revision or replacement of the images.
14 As used in this Section, "digital imaging system" means a
15 system, including people, machines, methods of organization,
16 and procedures, that provides input, storage, processing,
17 communications, output, and control functions for digitized
18 representations of original prescription records.
19 Inpatient drug orders may be maintained within an
20 institution in a manner approved by the Department.
21 (Source: P.A. 85-796.)
22 (225 ILCS 85/22) (from Ch. 111, par. 4142)
23 Sec. 22. Except only in the case of a drug, medicine or
24 poison which is lawfully sold or dispensed, at retail, in the
25 original and unbroken package of the manufacturer, packer, or
26 distributor thereof, and which package bears the original
27 label thereon showing the name and address of the
28 manufacturer, packer, or distributor thereof, and the name of
29 the drug, medicine, or poison therein contained, and the
30 directions for its use, no person shall sell or dispense, at
31 retail, any drug, medicine, or poison, without affixing to
32 the box, bottle, vessel, or package containing the same, a
33 label bearing the name of the article distinctly shown, and
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1 the directions for its use, with the name and address of the
2 pharmacy wherein the same is sold or dispensed. However, in
3 the case of a drug, medicine, or poison which is sold or
4 dispensed pursuant to a prescription of a licensed physician
5 licensed to practice medicine in a11 of its branches,
6 licensed dentist, licensed veterinarian, licensed podiatrist,
7 or therapeutically or diagnostically certified optometrist
8 authorized by law to prescribe drugs or, medicines or
9 poisons, or other licensed medical practitioner the label
10 affixed to the box, bottle, vessel, or package containing the
11 same shall show: (a) The name and address of the pharmacy
12 wherein the same is sold or dispensed; (b) The name or
13 initials of the person, authorized to practice pharmacy under
14 the provisions of this Act, selling or dispensing the same,
15 (c) the date on which such prescription was filled; (d) the
16 name of the patient; (e) the serial number of such
17 prescription as filed in the prescription files; (f) the
18 last name of the practitioner who prescribed such
19 prescriptions; (g) the directions for use thereof as
20 contained in such prescription; and (h) the proprietary name
21 or names or the established name or names of the drugs, the
22 dosage and quantity, except as otherwise authorized by
23 regulation of the Department. Any person who sells or
24 dispenses any drug, medicine or poison shall sell or dispense
25 such drug, medicine or poison in good faith. "Good faith",
26 for purposes of this Section, has the meaning ascribed to it
27 in subsection (u) of Section 102 of the "Illinois Controlled
28 Substances Act", approved August 16, 1971, as amended. The
29 Department shall establish rules governing labeling in
30 Division II and Division III pharmacies.
31 (Source: P.A. 85-796.)
32 (225 ILCS 85/22a new)
33 Sec. 22a. Automated dispensing and storage systems. The
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1 Department shall establish rules governing the use of
2 automated dispensing and storage systems by Division I
3 through V pharmacies.
4 (225 ILCS 85/40 new)
5 Sec. 40. Severability clause. The provisions of this Act
6 are severable under Section 1.31 of the Statute on Statutes.
7 Section 10. The Illinois Controlled Substances Act is
8 amended by changing Section 312 as follows:
9 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
10 Sec. 312. Requirements for dispensing controlled
11 substances.
12 (a) A practitioner, in good faith, may dispense a
13 Schedule II controlled substance, which is a narcotic drug
14 listed in Section 206 of this Act; or which contains any
15 quantity of amphetamine or methamphetamine, their salts,
16 optical isomers or salts of optical isomers; phenmetrazine
17 and its salts; pentazocine; or which is hereafter determined
18 to be a "designated product," as defined in Section 102 of
19 this Act to any person upon an official prescription form and
20 Schedule III, IV, or V controlled substances to any person
21 upon a written prescription of any prescriber, dated and
22 signed by the person prescribing on the day when issued and
23 bearing the name and address of the patient for whom, or the
24 owner of the animal for which the controlled substance is
25 dispensed, and the full name, address and registry number
26 under the laws of the United States relating to controlled
27 substances of the prescriber, if he is required by those laws
28 to be registered. If the prescription is for an animal it
29 shall state the species of animal for which it is ordered.
30 The practitioner filling the prescription shall write the
31 date of filling and his own signature on the face of the
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1 official prescription form. The official prescription form or
2 the written prescription shall be retained on file by the
3 practitioner who filled it or pharmacy in which the
4 prescription was filled for a period of 2 years, so as to be
5 readily accessible for inspection or removal by any officer
6 or employee engaged in the enforcement of this Act. Whenever
7 the practitioner's or pharmacy's copy of any prescription
8 form is removed by an officer or employee engaged in the
9 enforcement of this Act, for the purpose of investigation or
10 as evidence, such officer or employee shall give to the
11 practitioner or pharmacy a receipt in lieu thereof. A
12 prescription form for a Schedule II controlled substance
13 shall not be filled more than 7 2 days after the date of
14 issuance. A written prescription for Schedule III, IV or V
15 controlled substances shall not be filled or refilled more
16 than 6 months after the date thereof or refilled more than 5
17 times unless renewed, in writing, by the prescriber.
18 (b) In lieu of a written prescription required by this
19 Section, a pharmacist, in good faith, may dispense Schedule
20 III, IV, or V substances to any person either upon receiving
21 a facsimile of a written, signed prescription transmitted by
22 the prescriber or the prescriber's agent or upon a lawful
23 oral prescription of a prescriber which oral prescription
24 shall be reduced promptly to writing by the pharmacist and
25 such written memorandum thereof shall be dated on the day
26 when such oral prescription is received by the pharmacist and
27 shall bear the full name and address of the ultimate user for
28 whom, or of the owner of the animal for which the controlled
29 substance is dispensed, and the full name, address, and
30 registry number under the law of the United States relating
31 to controlled substances of the prescriber prescribing if he
32 is required by those laws to be so registered, and the
33 pharmacist filling such oral prescription shall write the
34 date of filling and his own signature on the face of such
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1 written memorandum thereof. The facsimile copy of the
2 prescription or written memorandum of the oral prescription
3 shall be retained on file by the proprietor of the pharmacy
4 in which it is filled for a period of not less than two
5 years, so as to be readily accessible for inspection by any
6 officer or employee engaged in the enforcement of this Act in
7 the same manner as a written prescription. The facsimile
8 copy of the prescription or oral prescription and the written
9 memorandum thereof shall not be filled or refilled more than
10 6 months after the date thereof or be refilled more than 5
11 times, unless renewed, in writing, by the prescriber.
12 (c) A controlled substance included in Schedule V shall
13 not be distributed or dispensed other than for a medical
14 purpose and not for the purpose of evading this Act, and
15 then:
16 (1) only personally by a person registered to
17 dispense a Schedule V controlled substance and then only
18 to his patients, or
19 (2) only personally by a pharmacist, and then only
20 to a person over 21 years of age who has identified
21 himself to the pharmacist by means of 2 positive
22 documents of identification.
23 (3) the dispenser shall record the name and address
24 of the purchaser, the name and quantity of the product,
25 the date and time of the sale, and the dispenser's
26 signature.
27 (4) no person shall purchase or be dispensed more
28 than 120 milliliters or more than 120 grams of any
29 Schedule V substance which contains codeine,
30 dihydrocodeine, or any salts thereof, or ethylmorphine,
31 or any salts thereof, in any 96 hour period. The
32 purchaser shall sign a form, approved by the Department
33 of Professional Regulation, attesting that he has not
34 purchased any Schedule V controlled substances within the
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1 immediately preceding 96 hours.
2 (5) a copy of the records of sale, including all
3 information required by paragraph (3), shall be forwarded
4 to the Department of Professional Regulation at its
5 principal office by the 15th day of the following month.
6 (6) all records of purchases and sales shall be
7 maintained for not less than 2 years.
8 (7) no person shall obtain or attempt to obtain
9 within any consecutive 96 hour period any Schedule V
10 substances of more than 120 milliliters or more than 120
11 grams containing codeine, dihydrocodeine or any of its
12 salts, or ethylmorphine or any of its salts. Any person
13 obtaining any such preparations or combination of
14 preparations in excess of this limitation shall be in
15 unlawful possession of such controlled substance.
16 (8) a person qualified to dispense controlled
17 substances under this Act and registered thereunder shall
18 at no time maintain or keep in stock a quantity of
19 Schedule V controlled substances defined and listed in
20 Section 212 (b) (1), (2) or (3) in excess of 4.5 liters
21 for each substance; a pharmacy shall at no time maintain
22 or keep in stock a quantity of Schedule V controlled
23 substances as defined in excess of 4.5 liters for each
24 substance, plus the additional quantity of controlled
25 substances necessary to fill the largest number of
26 prescription orders filled by that pharmacy for such
27 controlled substances in any one week in the previous
28 year. These limitations shall not apply to Schedule V
29 controlled substances which Federal law prohibits from
30 being dispensed without a prescription.
31 (9) no person shall distribute or dispense butyl
32 nitrite for inhalation or other introduction into the
33 human body for euphoric or physical effect.
34 (d) Every practitioner shall keep a record of controlled
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1 substances received by him and a record of all such
2 controlled substances administered, dispensed or
3 professionally used by him otherwise than by prescription.
4 It shall, however, be sufficient compliance with this
5 paragraph if any practitioner utilizing controlled substances
6 listed in Schedules III, IV and V shall keep a record of all
7 those substances dispensed and distributed by him other than
8 those controlled substances which are administered by the
9 direct application of a controlled substance, whether by
10 injection, inhalation, ingestion, or any other means to the
11 body of a patient or research subject. A practitioner who
12 dispenses, other than by administering, a controlled
13 substance in Schedule II, which is a narcotic drug listed in
14 Section 206 of this Act, or which contains any quantity of
15 amphetamine or methamphetamine, their salts, optical isomers
16 or salts of optical isomers, pentazocine, methaqualone, or
17 which is hereafter determined to be a "designated product" as
18 defined in Section 102 of this Act, shall do so only upon the
19 issuance of an official prescription blank by a prescriber;
20 and every practitioner who so dispenses such designated
21 products shall comply with the provisions of Sections 310 and
22 311 of this Act.
23 (e) Whenever a manufacturer distributes a controlled
24 substance in a package prepared by him, and whenever a
25 wholesale distributor distributes a controlled substance in a
26 package prepared by him or the manufacturer, he shall
27 securely affix to each package in which that substance is
28 contained a label showing in legible English the name and
29 address of the manufacturer, the distributor and the
30 quantity, kind and form of controlled substance contained
31 therein. No person except a pharmacist and only for the
32 purposes of filling a prescription under this Act, shall
33 alter, deface or remove any label so affixed.
34 (f) Whenever a practitioner dispenses any controlled
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1 substance, he shall affix to the container in which such
2 substance is sold or dispensed, a label indicating the date
3 of initial filling, the practitioner's name and address, the
4 serial number of the prescription, the name of the patient,
5 the name of the prescriber, the directions for use and
6 cautionary statements, if any, contained in any prescription
7 or required by law, the proprietary name or names or the
8 established name of the controlled substance, and the dosage
9 and quantity, except as otherwise authorized by regulation by
10 the Department of Professional Regulation. No person shall
11 alter, deface or remove any label so affixed.
12 (g) A person to whom or for whose use any controlled
13 substance has been prescribed or dispensed by a practitioner,
14 or other persons authorized under this Act, and the owner of
15 any animal for which such substance has been prescribed or
16 dispensed by a veterinarian, may lawfully possess such
17 substance only in the container in which it was delivered to
18 him by the person dispensing such substance.
19 (h) The responsibility for the proper prescribing or
20 dispensing of controlled substances is upon the prescriber
21 and the responsibility for the proper filling of a
22 prescription for controlled substance drugs rests with the
23 pharmacist. An order purporting to be a prescription issued
24 to any individual, which is not in the regular course of
25 professional treatment nor part of an authorized methadone
26 maintenance program, nor in legitimate and authorized
27 research instituted by any accredited hospital, educational
28 institution, charitable foundation, or federal, state or
29 local governmental agency, and which is intended to provide
30 that individual with controlled substances sufficient to
31 maintain that individual's or any other individual's physical
32 or psychological addiction, habitual or customary use,
33 dependence, or diversion of that controlled substance is not
34 a prescription within the meaning and intent of this Act; and
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1 the person issuing it, shall be subject to the penalties
2 provided for violations of the law relating to controlled
3 substances.
4 (i) A prescriber shall not preprint or cause to be
5 preprinted a prescription for any controlled substance; nor
6 shall any practitioner issue, fill or cause to be issued or
7 filled, a preprinted prescription for any controlled
8 substance.
9 (j) No person shall manufacture, dispense, deliver,
10 possess with intent to deliver, prescribe, or administer or
11 cause to be administered under his direction any anabolic
12 steroid, for any use in humans other than the treatment of
13 disease in accordance with the order of a physician licensed
14 to practice medicine in all its branches for a valid medical
15 purpose in the course of professional practice. The use of
16 anabolic steroids for the purpose of hormonal manipulation
17 that is intended to increase muscle mass, strength or weight
18 without a medical necessity to do so, or for the intended
19 purpose of improving physical appearance or performance in
20 any form of exercise, sport, or game, is not a valid medical
21 purpose or in the course of professional practice.
22 (Source: P.A. 89-202, eff. 10-1-95.)
23 Section 95. No acceleration or delay. Where this Act
24 makes changes in a statute that is represented in this Act by
25 text that is not yet or no longer in effect (for example, a
26 Section represented by multiple versions), the use of that
27 text does not accelerate or delay the taking effect of (i)
28 the changes made by this Act or (ii) provisions derived from
29 any other Public Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.