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92_HB2463sam001
LRB9206282EGfgam02
1 AMENDMENT TO HOUSE BILL 2463
2 AMENDMENT NO. . Amend House Bill 2463 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Pharmacy Practice Act of 1987 is amended
5 by changing Sections 3, 10, 14, 15, 18, 19, 22, 27, and 30
6 and adding Section 17.1 as follows:
7 (225 ILCS 85/3) (from Ch. 111, par. 4123)
8 (Section scheduled to be repealed on January 1, 2008)
9 Sec. 3. Definitions. For the purpose of this Act, except
10 where otherwise limited therein:
11 (a) "Pharmacy" or "drugstore" means and includes every
12 store, shop, pharmacy department, or other place where
13 pharmaceutical care is provided by a pharmacist (1) where
14 drugs, medicines, or poisons are dispensed, sold or offered
15 for sale at retail, or displayed for sale at retail; or (2)
16 where prescriptions of physicians, dentists, veterinarians,
17 podiatrists, or therapeutically certified optometrists,
18 within the limits of their licenses, are compounded, filled,
19 or dispensed; or (3) which has upon it or displayed within
20 it, or affixed to or used in connection with it, a sign
21 bearing the word or words "Pharmacist", "Druggist",
22 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
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1 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or
2 any word or words of similar or like import, either in the
3 English language or any other language; or (4) where the
4 characteristic prescription sign (Rx) or similar design is
5 exhibited; or (5) any store, or shop, or other place with
6 respect to which any of the above words, objects, signs or
7 designs are used in any advertisement.
8 (b) "Drugs" means and includes (l) articles recognized
9 in the official United States Pharmacopoeia/National
10 Formulary (USP/NF), or any supplement thereto and being
11 intended for and having for their main use the diagnosis,
12 cure, mitigation, treatment or prevention of disease in man
13 or other animals, as approved by the United States Food and
14 Drug Administration, but does not include devices or their
15 components, parts, or accessories; and (2) all other articles
16 intended for and having for their main use the diagnosis,
17 cure, mitigation, treatment or prevention of disease in man
18 or other animals, as approved by the United States Food and
19 Drug Administration, but does not include devices or their
20 components, parts, or accessories; and (3) articles (other
21 than food) having for their main use and intended to affect
22 the structure or any function of the body of man or other
23 animals; and (4) articles having for their main use and
24 intended for use as a component or any articles specified in
25 clause (l), (2) or (3); but does not include devices or their
26 components, parts or accessories.
27 (c) "Medicines" means and includes all drugs intended
28 for human or veterinary use approved by the United States
29 Food and Drug Administration.
30 (d) "Practice of pharmacy" means the provision of
31 pharmaceutical care to patients as determined by the
32 pharmacist's professional judgment in the following areas,
33 which may include but are not limited to (1) patient
34 counseling, (2) interpretation and assisting in the
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1 monitoring of appropriate drug use and prospective drug
2 utilization review, (3) providing information on the
3 therapeutic values, reactions, drug interactions, side
4 effects, uses, selection of medications and medical devices,
5 and outcome of drug therapy, (4) participation in drug
6 selection, drug monitoring, drug utilization review,
7 evaluation, administration, interpretation, application of
8 pharmacokinetic and laboratory data to design safe and
9 effective drug regimens, (5) drug research (clinical and
10 scientific), and (6) compounding and dispensing of drugs and
11 medical devices.
12 (e) "Prescription" means and includes any written, oral,
13 facsimile, or electronically transmitted order for drugs or
14 medical devices, issued by a physician licensed to practice
15 medicine in all its branches, dentist, veterinarian, or
16 podiatrist, or therapeutically certified optometrist, within
17 the limits of their licenses, by a physician assistant in
18 accordance with subsection (f) of Section 4, or by an
19 advanced practice nurse in accordance with subsection (g) of
20 Section 4, containing the following: (l) name of the patient;
21 (2) date when prescription was issued; (3) name and strength
22 of drug or description of the medical device prescribed; and
23 (4) quantity, (5) directions for use, (6) prescriber's name,
24 address and signature, and (7) DEA number where required, for
25 controlled substances. DEA numbers shall not be required on
26 inpatient drug orders.
27 (f) "Person" means and includes a natural person,
28 copartnership, association, corporation, government entity,
29 or any other legal entity.
30 (g) "Department" means the Department of Professional
31 Regulation.
32 (h) "Board of Pharmacy" or "Board" means the State Board
33 of Pharmacy of the Department of Professional Regulation.
34 (i) "Director" means the Director of Professional
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1 Regulation.
2 (j) "Drug product selection" means the interchange for a
3 prescribed pharmaceutical product in accordance with Section
4 25 of this Act and Section 3.14 of the Illinois Food, Drug
5 and Cosmetic Act.
6 (k) "Inpatient drug order" means an order issued by an
7 authorized prescriber for a resident or patient of a facility
8 licensed under the Nursing Home Care Act or the Hospital
9 Licensing Act, or "An Act in relation to the founding and
10 operation of the University of Illinois Hospital and the
11 conduct of University of Illinois health care programs",
12 approved July 3, 1931, as amended, or a facility which is
13 operated by the Department of Human Services (as successor to
14 the Department of Mental Health and Developmental
15 Disabilities) or the Department of Corrections.
16 (k-5) "Pharmacist" means an individual currently
17 licensed by this State to engage in the practice of pharmacy.
18 (l) "Pharmacist in charge" means the licensed pharmacist
19 whose name appears on a pharmacy license and who is
20 responsible for all aspects of the operation related to the
21 practice of pharmacy.
22 (m) "Dispense" means the delivery of drugs and medical
23 devices, in accordance with applicable State and federal laws
24 and regulations, to the patient or the patient's
25 representative authorized to receive these products,
26 including the compounding, packaging, and labeling necessary
27 for delivery, and any recommending or advising concerning the
28 contents and therapeutic values and uses thereof. "Dispense"
29 does not mean the physical delivery to a patient or a
30 patient's representative in a home or institution by a
31 designee of a pharmacist or by common carrier. "Dispense"
32 also does not mean the physical delivery of a drug or medical
33 device to a patient or patient's representative by a
34 pharmacist's designee within a pharmacy or drugstore while
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1 the pharmacist is on duty and the pharmacy is open.
2 (n) "Mail-order pharmacy" means a pharmacy that is
3 located in a state of the United States, other than Illinois,
4 that delivers, dispenses or distributes, through the United
5 States Postal Service or other common carrier, to Illinois
6 residents, any substance which requires a prescription.
7 (o) "Compounding" means the preparation, mixing,
8 assembling, packaging, or labeling of a drug or medical
9 device: (1) as the result of a practitioner's prescription
10 drug order or initiative that is dispensed pursuant to a
11 prescription in the course of professional practice; or (2)
12 for the purpose of, or incident to, research, teaching, or
13 chemical analysis; or (3) in anticipation of prescription
14 drug orders based on routine, regularly observed prescribing
15 patterns.
16 (p) "Confidential information" means information,
17 maintained by the pharmacist in the patient's records,
18 released only (i) to the patient or, as the patient directs,
19 to other practitioners and other pharmacists or (ii) to any
20 other person authorized by law to receive the information.
21 (q) "Prospective drug review" or "drug utilization
22 evaluation" means a screening for potential drug therapy
23 problems due to therapeutic duplication, drug-disease
24 contraindications, drug-drug interactions (including serious
25 interactions with nonprescription or over-the-counter drugs),
26 drug-food interactions, incorrect drug dosage or duration of
27 drug treatment, drug-allergy interactions, and clinical abuse
28 or misuse.
29 (r) "Patient counseling" means the communication between
30 a pharmacist or a student pharmacist under the direct
31 supervision of a pharmacist and a patient or the patient's
32 representative about the patient's medication or device for
33 the purpose of optimizing proper use of prescription
34 medications or devices. The offer to counsel by the
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1 pharmacist or the pharmacist's designee, and subsequent
2 patient counseling by the pharmacist or student pharmacist,
3 shall be made in a face-to-face communication with the
4 patient or patient's representative unless, in the
5 professional judgment of the pharmacist, a face-to-face
6 communication is deemed inappropriate or unnecessary. In
7 that instance, the offer to counsel or patient counseling may
8 be made in a written communication, by telephone, or in a
9 manner determined by the pharmacist to be 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 (v) "Unique identifier" means an electronic signature,
29 handwritten signature or initials, thumb print, or other
30 acceptable individual biometric or electronic identification
31 process as approved by the Department.
32 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
33 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff.
34 7-30-98; 90-742, eff. 8-13-98.)
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1 (225 ILCS 85/10) (from Ch. 111, par. 4130)
2 (Section scheduled to be repealed on January 1, 2008)
3 Sec. 10. State Board of Pharmacy. There is created in
4 the Department the State Board of Pharmacy. It shall consist
5 of 9 members, 7 of whom shall be licensed pharmacists. Each
6 of those 7 members must be a licensed pharmacist in good
7 standing in this State, a graduate of an accredited college
8 of pharmacy or hold a Bachelor of Science degree in Pharmacy
9 and have at least 5 years' practical experience in the
10 practice of pharmacy subsequent to the date of his licensure
11 as a licensed pharmacist in the State of Illinois. There
12 shall be 2 public members, who shall be voting members, who
13 shall not be licensed pharmacists in this State or any other
14 state.
15 Each member shall be appointed by the Governor.
16 The terms of all members serving as of March 31, 1999
17 shall expire on that date. The Governor shall appoint 3
18 persons to serve one-year terms, 3 persons to serve 3-year
19 terms, and 3 persons to serve 5-year terms to begin April 1,
20 1999. Otherwise, members shall be appointed to 5 year terms.
21 No member shall be eligible to serve more than 12 consecutive
22 years.
23 In making the appointment of members on the Board, the
24 Governor shall give due consideration to recommendations by
25 the members of the profession of pharmacy and by
26 pharmaceutical organizations therein. The Governor shall
27 notify the pharmaceutical organizations promptly of any
28 vacancy of members on the Board and in appointing members
29 shall give consideration to individuals engaged in all types
30 and settings of pharmacy practice.
31 The Governor may remove any member of the Board for
32 misconduct, incapacity or neglect of duty and he shall be the
33 sole judge of the sufficiency of the cause for removal.
34 Every person appointed a member of the Board shall take
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1 and subscribe the constitutional oath of office and file it
2 with the Secretary of State. Each member of the Board shall
3 be reimbursed for such actual and legitimate expenses as he
4 may incur in going to and from the place of meeting and
5 remaining thereat during sessions of the Board. In addition,
6 each member of the Board shall receive a per diem payment in
7 an amount determined from time to time by the Director for
8 attendance at meetings of the Board and conducting other
9 official business of the Board.
10 The Board shall hold quarterly meetings and an annual
11 meeting in January of each year and such other meetings at
12 such times and places and upon such notice as the Board may
13 determine and as its business may require. Five members of
14 the Board shall constitute a quorum for the transaction of
15 business. The Director shall appoint a pharmacy coordinator,
16 who shall be someone other than a member of the Board. The
17 pharmacy coordinator shall be a registered pharmacist in good
18 standing in this State, shall be a graduate of an accredited
19 college of pharmacy, or hold at a minimum a Bachelor of
20 Science degree in Pharmacy and shall have at least 5 years'
21 experience in the practice of pharmacy immediately prior to
22 his appointment. The pharmacy coordinator shall be the
23 executive administrator and the chief enforcement officer of
24 the Pharmacy Practice Act of 1987.
25 The Board shall exercise the rights, powers and duties
26 which have been vested in the Board under this Act, and any
27 other duties conferred upon the Board by law.
28 The Director shall, in conformity with the Personnel
29 Code, employ not less than 7 pharmacy investigators and 2
30 pharmacy supervisors. Each pharmacy investigator and each
31 supervisor shall be a registered pharmacist in good standing
32 in this State, and shall be a graduate of an accredited
33 college of pharmacy and have at least 5 years of experience
34 in the practice of pharmacy. The Department shall also
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1 employ at least one attorney who is a pharmacist to prosecute
2 violations of this Act and its rules. The Department may, in
3 conformity with the Personnel Code, employ such clerical and
4 other employees as are necessary to carry out the duties of
5 the Board.
6 The duly authorized pharmacy investigators of the
7 Department shall have the right to enter and inspect during
8 business hours any pharmacy or any other place in the State
9 of Illinois holding itself out to be a pharmacy where
10 medicines or drugs or drug products or proprietary medicines
11 are sold, offered for sale, exposed for sale, or kept for
12 sale. Except as otherwise provided below, the pharmacy
13 investigators shall be the only Department investigators
14 authorized to inspect, investigate, and monitor probation
15 compliance of pharmacists, and pharmacies, and pharmacy
16 technicians. The Department may authorize any agent to
17 monitor a pharmacist's or pharmacy technician's probation in
18 cases of addiction or impairment relating to drugs or
19 alcohol.
20 (Source: P.A. 90-253, eff. 7-29-97; 91-827, eff. 6-13-00;
21 revised 12-07-01.)
22 (225 ILCS 85/14) (from Ch. 111, par. 4134)
23 (Section scheduled to be repealed on January 1, 2008)
24 Sec. 14. Structural and equipment requirements. No person
25 shall establish or move to a new location any pharmacy unless
26 the pharmacy is licensed with the Department and has on file
27 with the Department a verified statement that:
28 (1) such pharmacy is or will be engaged in the
29 practice of pharmacy; and
30 (2) such pharmacy will have in stock and shall
31 maintain sufficient drugs or and materials as to protect
32 the public it serves within 30 days after the issuance of
33 the registration of the pharmacy.
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1 Division I, II, III, IV, or V pharmacies shall be in a
2 suitable, well-lighted and well-ventilated area with at least
3 300 square feet of clean and sanitary contiguous space and
4 shall be suitably equipped for compounding prescriptions,
5 storage of drugs and sale of drugs and to otherwise conduct
6 the practice of pharmacy. The space occupied shall be
7 equipped with a sink with hot and cold water or facilities
8 for heating water, proper sewage outlet, refrigeration
9 storage equipment, and such fixtures, facilities, drugs,
10 equipment and material, which shall include the current
11 editions of the United States Pharmacopoeia/DI, Facts and
12 Comparisons, or any other current compendium approved by the
13 Department, and other such reference works, as will enable a
14 pharmacist to practice pharmacy, including this Act and the
15 rules promulgated under this Act. Such pharmacy shall have
16 the following items: accurate weights of 0.5 gr. to 4 oz. and
17 20 mg to 100 Gm; and a prescription balance equipped with
18 balance indicator and with mechanical means of arresting the
19 oscillations of the mechanism and which balance shall be
20 sensitive to 0.5 grain (32 mg) or less or an alternative
21 weighing device as approved by the Department, and such other
22 measuring devices as may be necessary for the conduct of the
23 practice of pharmacy.
24 The provisions of this Section with regard to 300 square
25 feet of space shall apply to any pharmacy which is opened
26 after the effective date of this Act. Nothing shall require
27 a pharmacy in existence on the effective date of this Act
28 which is comprised of less than 300 square feet to provide
29 additional space to meet these requirements.
30 (Source: P.A. 90-253, eff. 7-29-97.)
31 (225 ILCS 85/15) (from Ch. 111, par. 4135)
32 (Section scheduled to be repealed on January 1, 2008)
33 Sec. 15. Pharmacy requirements. It shall be unlawful for
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1 the owner of any pharmacy, as defined in this Act, to operate
2 or conduct the same, or to allow the same to be operated or
3 conducted, unless:
4 (a) It has a licensed pharmacist, authorized to practice
5 pharmacy in this State under the provisions of this Act, on
6 duty whenever the practice of pharmacy is conducted;
7 (b) Security provisions for all drugs and devices, as
8 determined by rule of the Department, are provided during the
9 absence from the licensed pharmacy of all licensed
10 pharmacists. Maintenance of security provisions is the
11 responsibility of the licensed registered pharmacist in
12 charge; and
13 (c) The pharmacy is licensed under this Act to do
14 business.
15 The Department shall, by rule, provide requirements for
16 each division of pharmacy license and shall, as well provide
17 guidelines for the designation of a registered pharmacist in
18 charge for each division.
19 Division I. Retail Licenses for pharmacies which are
20 open to, or offer pharmacy services to, the general public.
21 Division II. Licenses for pharmacies whose primary
22 pharmacy service is provided to patients or residents of
23 facilities licensed under the Nursing Home Care Act or the
24 Hospital Licensing Act, or "An Act in relation to the
25 founding and operation of the University of Illinois Hospital
26 and the conduct of University of Illinois health care
27 programs", approved July 3, 1931, as amended, and which are
28 not located in the facilities they serve.
29 Division III. Licenses for pharmacies which are located
30 in a facility licensed under the Nursing Home Care Act or the
31 Hospital Licensing Act, or "An Act in relation to the
32 founding and operation of the University of Illinois Hospital
33 and the conduct of University of Illinois health care
34 programs", approved July 3, 1931, as amended, or a facility
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1 which is operated by the Department of Human Services (as
2 successor to the Department of Mental Health and
3 Developmental Disabilities) or the Department of Corrections,
4 and which provide pharmacy services to residents or patients
5 of the facility, as well as employees, prescribers and
6 students of the facility.
7 Division IV. Licenses for pharmacies which provide or
8 offer for sale radioactive materials.
9 Division V. Licenses for pharmacies which hold licenses
10 in Division II or Division III which also provide pharmacy
11 services to the general public, or pharmacies which are
12 located in or whose primary pharmacy service is to ambulatory
13 care facilities or schools of veterinary medicine or other
14 such institution or facility.
15 Division VI. Licenses for pharmacies in which the
16 practice of pharmacy is conducted without the compounding and
17 dispensing of drugs or medical devices.
18 Division VII. Licenses for pharmacies in which a
19 specialized area of pharmacy is currently being practiced,
20 but is not addressed by one or more of the current divisions
21 of licenses.
22 The Director may waive the requirement for a pharmacist
23 to be on duty at all times for State facilities not treating
24 human ailments.
25 It shall be unlawful for any person, who is not a
26 licensed pharmacy or health care facility, to purport to be
27 such or to use in name, title, or sign designating, or in
28 connection with that place of business, any of the words:
29 "pharmacy", "pharmacist", "pharmacy department",
30 "apothecary", "druggist", "drug", "drugs", "medicines",
31 "medicine store", "drug sundries", "prescriptions filled", or
32 any list of words indicating that drugs are compounded or
33 sold to the lay public, or prescriptions are dispensed
34 therein. Each day during which, or a part which, such
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1 representation is made or appears or such a sign is allowed
2 to remain upon or in such a place of business shall
3 constitute a separate offense under this Act.
4 The holder of any license or certificate of registration
5 shall conspicuously display it in the pharmacy in which he is
6 engaged in the practice of pharmacy. The registered
7 pharmacist in charge shall conspicuously display his name in
8 such pharmacy. The pharmacy license shall also be
9 conspicuously displayed.
10 (Source: P.A. 89-507, eff. 7-1-97; 90-253, eff. 7-29-97.)
11 (225 ILCS 85/17.1 new)
12 (Section scheduled to be repealed on January 1, 2008)
13 Sec. 17.1. Pharmacy technician training.
14 (a) Beginning January 1, 2004, it shall be the joint
15 responsibility of a pharmacy and its pharmacist in charge to
16 have trained all of its pharmacy technicians or obtain proof
17 of prior training in all of the following topics as they
18 relate to the practice site:
19 (1) The duties and responsibilities of the
20 technicians and pharmacists.
21 (2) Tasks and technical skills, policies, and
22 procedures.
23 (3) Compounding, packaging, labeling, and storage.
24 (4) Pharmaceutical and medical terminology.
25 (5) Record keeping requirements.
26 (6) The ability to perform and apply arithmetic
27 calculations.
28 (b) Within 3 months after initial employment or changing
29 the duties and responsibilities of a pharmacy technician, it
30 shall be the joint responsibility of the pharmacy and the
31 pharmacist in charge to train the pharmacy technician or
32 obtain proof of prior training in the areas listed in
33 subsection (a) of this Section as they relate to the practice
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1 site.
2 (c) All divisions of pharmacies shall maintain an
3 up-to-date training program describing the duties and
4 responsibilities of a pharmacy technician.
5 (d) All divisions of pharmacies shall create and
6 maintain retrievable records of training or proof of training
7 as required in this Section.
8 (225 ILCS 85/18) (from Ch. 111, par. 4138)
9 (Section scheduled to be repealed on January 1, 2008)
10 Sec. 18. Record retention. There shall be kept in every
11 drugstore or pharmacy a suitable book, file, or electronic
12 record keeping system in which shall be preserved for a
13 period of not less than 5 years the original of every written
14 prescription and the original transcript or copy of every
15 verbal prescription filled, compounded, or dispensed, in such
16 pharmacy; and such book or file of prescriptions shall at all
17 reasonable times be open to inspection to the pharmacy
18 coordinator and the duly authorized agents or employees of
19 the Department.
20 Every prescription filled or refilled shall contain the
21 unique identifier of the person authorized to practice
22 pharmacy under the provision of this Act who fills or refills
23 the prescription.
24 Records kept pursuant to this Section may be maintained
25 in an alternative data retention system, such as a direct
26 digital imaging system, provided that:
27 (1) the records maintained in the alternative data
28 retention system contain all of the information required
29 in a manual record;
30 (2) the data processing system is capable of
31 producing a hard copy of the electronic record on the
32 request of the Board, its representative, or other
33 authorized local, State, or federal law enforcement or
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1 regulatory agency; and
2 (3) the digital images are recorded and stored only
3 by means of a technology that does not allow subsequent
4 revision or replacement of the images.
5 As used in this Section, "digital imaging system" means a
6 system, including people, machines, methods of organization,
7 and procedures, that provides input, storage, processing,
8 communications, output, and control functions for digitized
9 representations of original prescription records.
10 Inpatient drug orders may be maintained within an
11 institution in a manner approved by the Department.
12 (Source: P.A. 90-253, eff. 7-29-97.)
13 (225 ILCS 85/19) (from Ch. 111, par. 4139)
14 (Section scheduled to be repealed on January 1, 2008)
15 Sec. 19. Nothing contained in this Act shall be
16 construed to prohibit a pharmacist licensed in this State
17 from filling or refilling a valid prescription for
18 prescription drugs which is on file in a pharmacy licensed in
19 any state and has been transferred from one pharmacy to
20 another by any means, including by way of electronic data
21 processing equipment upon the following conditions and
22 exceptions:
23 (1) Prior to dispensing pursuant to any such
24 prescription, the dispensing pharmacist shall:
25 (a) Advise the patient that the prescription on
26 file at such other pharmacy must be canceled before he
27 will be able to fill or refill it.
28 (b) Determine that the prescription is valid and on
29 file at such other pharmacy and that such prescription
30 may be filled or refilled, as requested, in accordance
31 with the prescriber's intent expressed on such
32 prescription.
33 (c) Notify the pharmacy where the prescription is
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1 on file that the prescription must be canceled.
2 (d) Record in writing the prescription order, the
3 name of the pharmacy at which the prescription was on
4 file, the prescription number, the name of the drug and
5 the original amount dispensed, the date of original
6 dispensing, and the number of remaining authorized
7 refills.
8 (e) Obtain the consent of the prescriber to the
9 refilling of the prescription when the prescription, in
10 the professional judgment of the dispensing pharmacist,
11 so requires. Any interference with the professional
12 judgment of the dispensing pharmacist by any other
13 registered pharmacist, his agents, or employees shall be
14 grounds for revocation or suspension of the permit issued
15 to the pharmacy.
16 (2) Upon receipt of a request for prescription
17 information set forth in subparagraph (d) of paragraph (1) of
18 this Section, if the requested pharmacist is satisfied in his
19 professional judgment that such request is valid and legal,
20 the requested pharmacist shall:
21 (a) Provide such information accurately and
22 completely.
23 (b) Record on the face of the prescription the name
24 of the requesting pharmacy and pharmacist and the date of
25 request.
26 (c) Cancel the prescription on file by writing the
27 word "void" on its face. No further prescription
28 information shall be given or medication dispensed
29 pursuant to such original prescription.
30 (3) In the event that, after the information set forth
31 in subparagraph (d) of paragraph (1) of this Section has been
32 provided, a prescription is not dispensed by the requesting
33 pharmacist, then such pharmacist shall provide notice of this
34 fact to the pharmacy from which such information was
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1 obtained; such notice shall then cancel the prescription in
2 the same manner as set forth in subparagraph (c) of paragraph
3 (2) of this Section.
4 (4) When filling or refilling a valid prescription on
5 file in another state, the dispensing pharmacist shall be
6 required to follow all the requirements of Illinois law which
7 apply to the dispensing of prescription drugs. If anything
8 in Illinois law prevents the filling or refilling of the
9 original prescription it shall be unlawful to dispense
10 pursuant to this Section.
11 (5) Prescriptions for drugs in Schedules III, IV, and V
12 of the Illinois Controlled Substances Act may be transferred
13 only once and may not be further transferred.
14 (Source: P.A. 88-428.)
15 (225 ILCS 85/22) (from Ch. 111, par. 4142)
16 (Section scheduled to be repealed on January 1, 2008)
17 Sec. 22. Except only in the case of a drug, medicine or
18 poison which is lawfully sold or dispensed, at retail, in the
19 original and unbroken package of the manufacturer, packer, or
20 distributor thereof, and which package bears the original
21 label thereon showing the name and address of the
22 manufacturer, packer, or distributor thereof, and the name of
23 the drug, medicine, or poison therein contained, and the
24 directions for its use, no person shall sell or dispense, at
25 retail, any drug, medicine, or poison, without affixing to
26 the box, bottle, vessel, or package containing the same, a
27 label bearing the name of the article distinctly shown, and
28 the directions for its use, with the name and address of the
29 pharmacy wherein the same is sold or dispensed. However, in
30 the case of a drug, medicine, or poison which is sold or
31 dispensed pursuant to a prescription of a physician licensed
32 to practice medicine in all of its branches, licensed
33 dentist, licensed veterinarian, licensed podiatrist, or
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1 therapeutically or diagnostically certified optometrist
2 authorized by law to prescribe drugs or medicines or poisons,
3 the label affixed to the box, bottle, vessel, or package
4 containing the same shall show: (a) the name and address of
5 the pharmacy wherein the same is sold or dispensed; (b) the
6 name or initials of the person, authorized to practice
7 pharmacy under the provisions of this Act, selling or
8 dispensing the same, (c) the date on which such prescription
9 was filled; (d) the name of the patient; (e) the serial
10 number of such prescription as filed in the prescription
11 files; (f) the last name of the practitioner who prescribed
12 such prescriptions; (g) the directions for use thereof as
13 contained in such prescription; and (h) the proprietary name
14 or names or the established name or names of the drugs, the
15 dosage and quantity, except as otherwise authorized by
16 regulation of the Department. Any person who sells or
17 dispenses any drug, medicine or poison shall sell or dispense
18 such drug, medicine or poison in good faith. "Good faith",
19 for purposes of this Section, has the meaning ascribed to it
20 in subsection (u) of Section 102 of the "Illinois Controlled
21 Substances Act", approved August 16, 1971, as amended. The
22 Department shall establish rules governing labeling in
23 Division II and Division III pharmacies.
24 (Source: P.A. 90-253, eff. 7-29-97.)
25 (225 ILCS 85/27) (from Ch. 111, par. 4147)
26 (Section scheduled to be repealed on January 1, 2008)
27 Sec. 27. Fees. The following fees are not refundable.
28 (A) Certificate of pharmacy technician.
29 (1) The fee for application for a certificate of
30 registration as a pharmacy technician is $40.
31 (2) The fee for the renewal of a certificate of
32 registration as a pharmacy technician shall be calculated
33 at the rate of $25 per year.
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1 (B) License as a pharmacist.
2 (1) The fee for application for a license is $75.
3 (2) In addition, applicants for any examination as
4 a registered pharmacist shall be required to pay, either
5 to the Department or to the designated testing service, a
6 fee covering the cost of determining an applicant's
7 eligibility and providing the examination. Failure to
8 appear for the examination on the scheduled date, at the
9 time and place specified, after the applicant's
10 application for examination has been received and
11 acknowledged by the Department or the designated testing
12 service, shall result in the forfeiture of the
13 examination fee.
14 (3) The fee for a license as a registered
15 pharmacist registered or licensed under the laws of
16 another state or territory of the United States is $200.
17 (4) The fee upon the renewal of a license shall be
18 calculated at the rate of $75 per year.
19 (5) The fee for the restoration of a certificate
20 other than from inactive status is $10 plus all lapsed
21 renewal fees.
22 (6) Applicants for the preliminary diagnostic
23 examination shall be required to pay, either to the
24 Department or to the designated testing service, a fee
25 covering the cost of determining an applicant's
26 eligibility and providing the examination. Failure to
27 appear for the examination on the scheduled date, at the
28 time and place specified, after the application for
29 examination has been received and acknowledged by the
30 Department or the designated testing service, shall
31 result in the forfeiture of the examination fee.
32 (7) The fee to have the scoring of an examination
33 authorized by the Department reviewed and verified is $20
34 plus any fee charged by the applicable testing service.
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1 (C) License as a pharmacy.
2 (1) The fee for application for a license for a
3 pharmacy under this Act is $100.
4 (2) The fee for the renewal of a license for a
5 pharmacy under this Act shall be calculated at the rate
6 of $100 per year.
7 (3) The fee for the change of a
8 pharmacist-in-charge is $25.
9 (D) General Fees.
10 (1) The fee for the issuance of a duplicate
11 license, for the issuance of a replacement license for a
12 license that has been lost or destroyed or for the
13 issuance of a license with a change of name or address
14 other than during the renewal period is $20. No fee is
15 required for name and address changes on Department
16 records when no duplicate certification is issued.
17 (2) The fee for a certification of a registrant's
18 record for any purpose is $20.
19 (3) The fee to have the scoring of an examination
20 administered by the Department reviewed and verified is
21 $20.
22 (4) The fee for a wall certificate showing
23 licensure or registration shall be the actual cost of
24 producing the certificate.
25 (5) The fee for a roster of persons registered as
26 pharmacists or registered pharmacies in this State shall
27 be the actual cost of producing the roster.
28 (6) The fee for pharmacy licensing, disciplinary or
29 investigative records obtained pursuant to a subpoena is
30 $1 per page.
31 (E) Except as provided in subsection (F), all moneys
32 received by the Department under this Act shall be deposited
33 in the Illinois State Pharmacy Disciplinary Fund hereby
34 created in the State Treasury and shall be used only for the
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1 following purposes: (a) by the State Board of Pharmacy in the
2 exercise of its powers and performance of its duties, as such
3 use is made by the Department upon the recommendations of the
4 State Board of Pharmacy, (b) for costs directly related to
5 license renewal of persons licensed under this Act, and (c)
6 for direct and allocable indirect costs related to the public
7 purposes of the Department of Professional Regulation.
8 Moneys in the Fund may be transferred to the Professions
9 Indirect Cost Fund as authorized under Section 2105-300 of
10 the Department of Professional Regulation Law (20 ILCS
11 2105/2105-300).
12 The moneys deposited in the Illinois State Pharmacy
13 Disciplinary Fund shall be invested to earn interest which
14 shall accrue to the Fund. The Department shall present to the
15 Board for its review and comment all appropriation requests
16 from the Illinois State Pharmacy Disciplinary Fund. The
17 Department shall give due consideration to any comments of
18 the Board in making appropriation requests.
19 (F) From the money received for license renewal fees, $5
20 from each pharmacist fee, and $2.50 from each pharmacy
21 technician fee, shall be set aside within the Illinois State
22 Pharmacy Disciplinary Fund for the purpose of supporting a
23 substance abuse program for pharmacists and pharmacy
24 technicians. The State Board of Pharmacy shall, pursuant to
25 all provisions of the Illinois Procurement Code, determine
26 how and to whom the money set aside under this subsection is
27 disbursed.
28 (G) (Blank).
29 (Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
30 (225 ILCS 85/30) (from Ch. 111, par. 4150)
31 (Section scheduled to be repealed on January 1, 2008)
32 Sec. 30. (a) In accordance with Section 11 of this Act,
33 the Department may refuse to issue, restore, or renew, or may
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1 revoke, suspend, place on probation, reprimand or take other
2 disciplinary action as the Department may deem proper with
3 regard to any license or certificate of registration for any
4 one or combination of the following causes:
5 1. Material misstatement in furnishing information
6 to the Department.
7 2. Violations of this Act, or the rules promulgated
8 hereunder.
9 3. Making any misrepresentation for the purpose of
10 obtaining licenses.
11 4. A pattern of conduct which demonstrates
12 incompetence or unfitness to practice.
13 5. Aiding or assisting another person in violating
14 any provision of this Act or rules.
15 6. Failing, within 60 days, to respond to a written
16 request made by the Department for information.
17 7. Engaging in dishonorable, unethical or
18 unprofessional conduct of a character likely to deceive,
19 defraud or harm the public.
20 8. Discipline by another U.S. jurisdiction or
21 foreign nation, if at least one of the grounds for the
22 discipline is the same or substantially equivalent to
23 those set forth herein.
24 9. Directly or indirectly giving to or receiving
25 from any person, firm, corporation, partnership or
26 association any fee, commission, rebate or other form of
27 compensation for any professional services not actually
28 or personally rendered.
29 10. A finding by the Department that the licensee,
30 after having his license placed on probationary status
31 has violated the terms of probation.
32 11. Selling or engaging in the sale of drug samples
33 provided at no cost by drug manufacturers.
34 12. Physical illness, including but not limited to,
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1 deterioration through the aging process, or loss of motor
2 skill which results in the inability to practice the
3 profession with reasonable judgment, skill or safety.
4 13. A finding that licensure or registration has
5 been applied for or obtained by fraudulent means.
6 14. The applicant, or licensee has been convicted
7 in state or federal court of any crime which is a felony
8 or any misdemeanor related to the practice of pharmacy,
9 of which an essential element is dishonesty.
10 15. Habitual or excessive use or addiction to
11 alcohol, narcotics, stimulants or any other chemical
12 agent or drug which results in the inability to practice
13 with reasonable judgment, skill or safety.
14 16. Willfully making or filing false records or
15 reports in the practice of pharmacy, including, but not
16 limited to false records to support claims against the
17 medical assistance program of the Department of Public
18 Aid under the Public Aid Code.
19 17. Gross and willful overcharging for professional
20 services including filing false statements for collection
21 of fees for which services are not rendered, including,
22 but not limited to, filing false statements for
23 collection of monies for services not rendered from the
24 medical assistance program of the Department of Public
25 Aid under the Public Aid Code.
26 18. Repetitiously dispensing prescription drugs
27 without receiving a written or oral prescription.
28 19. Upon a finding of a substantial discrepancy in
29 a Department audit of a prescription drug, including
30 controlled substances, as that term is defined in this
31 Act or in the Illinois Controlled Substances Act.
32 20. Physical illness which results in the inability
33 to practice with reasonable judgment, skill or safety, or
34 mental incompetency as declared by a court of competent
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1 jurisdiction.
2 21. Violation of the Health Care Worker
3 Self-Referral Act.
4 22. Failing to sell or dispense any drug, medicine,
5 or poison in good faith. "Good faith", for the purposes
6 of this Section, has the meaning ascribed to it in
7 subsection (u) of Section 102 of the Illinois Controlled
8 Substances Act.
9 23. Interfering with the professional judgment of a
10 pharmacist by any registrant under this Act, or his or
11 her agents or employees.
12 (b) The Department may refuse to issue or may suspend
13 the license or registration of any person who fails to file a
14 return, or to pay the tax, penalty or interest shown in a
15 filed return, or to pay any final assessment of tax, penalty
16 or interest, as required by any tax Act administered by the
17 Illinois Department of Revenue, until such time as the
18 requirements of any such tax Act are satisfied.
19 (c) The Department shall revoke the license or
20 certificate of registration issued under the provisions of
21 this Act or any prior Act of this State of any person who has
22 been convicted a second time of committing any felony under
23 the Illinois Controlled Substances Act, or who has been
24 convicted a second time of committing a Class 1 felony under
25 Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
26 person whose license or certificate of registration issued
27 under the provisions of this Act or any prior Act of this
28 State is revoked under this subsection (c) shall be
29 prohibited from engaging in the practice of pharmacy in this
30 State.
31 (d) In any order issued in resolution of a disciplinary
32 proceeding, the Board may request any licensee found guilty
33 of a charge involving a significant violation of subsection
34 (a) of Section 5, or paragraph 19 of Section 30 as it
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1 pertains to controlled substances, to pay to the Department a
2 fine not to exceed $2,000.
3 (e) In any order issued in resolution of a disciplinary
4 proceeding, in addition to any other disciplinary action, the
5 Board may request any licensee found guilty of noncompliance
6 with the continuing education requirements of Section 12 to
7 pay the Department a fine not to exceed $1000.
8 (f) The Department shall issue quarterly to the Board a
9 status of all complaints related to the profession received
10 by the Department.
11 (Source: P.A. 86-596; 86-1434; 86-1472; 87-1207.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.".