State of Illinois
92nd General Assembly
Legislation

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92_SB0646

 
                                               LRB9208072EGfg

 1        AN ACT in relation to pharmacy.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Pharmacy Practice Act of 1987 is  amended
 5    by changing Section 15 as follows:

 6        (225 ILCS 85/15) (from Ch. 111, par. 4135)
 7        Sec. 15. Pharmacy requirements.  It shall be unlawful for
 8    the owner of any pharmacy, as defined in this Act, to operate
 9    or  conduct  the same, or to allow the same to be operated or
10    conducted, unless:
11        (a)  It has a licensed pharmacist, authorized to practice
12    pharmacy in this State under the provisions of this  Act,  on
13    duty  whenever  the  practice  of  pharmacy is conducted, and
14    complies  with  the  rules  of  the   Department   regulating
15    staffing, workloads, and working conditions;
16        (b)  Security  provisions  for  all drugs and devices, as
17    determined by rule of the Department, are provided during the
18    absence  from  the  licensed   pharmacy   of   all   licensed
19    pharmacists.   Maintenance  of  security  provisions  is  the
20    responsibility  of  the  licensed  registered  pharmacist  in
21    charge; and
22        (c)  The  pharmacy  is  licensed  under  this  Act  to do
23    business.
24        The Department shall, by rule, provide  requirements  for
25    each  division of pharmacy license and shall, as well provide
26    guidelines for the designation of a registered pharmacist  in
27    charge for each division.
28        Division  I.   Retail  Licenses  for pharmacies which are
29    open to, or offer pharmacy services to, the general public.
30        Division  II.   Licenses  for  pharmacies  whose  primary
31    pharmacy service is provided  to  patients  or  residents  of
 
                            -2-                LRB9208072EGfg
 1    facilities  licensed  under  the Nursing Home Care Act or the
 2    Hospital Licensing  Act,  or  "An  Act  in  relation  to  the
 3    founding and operation of the University of Illinois Hospital
 4    and  the  conduct  of  University  of  Illinois  health  care
 5    programs",  approved  July 3, 1931, as amended, and which are
 6    not located in the facilities they serve.
 7        Division III.  Licenses for pharmacies which are  located
 8    in a facility licensed under the Nursing Home Care Act or the
 9    Hospital  Licensing  Act,  or  "An  Act  in  relation  to the
10    founding and operation of the University of Illinois Hospital
11    and  the  conduct  of  University  of  Illinois  health  care
12    programs", approved July 3, 1931, as amended, or  a  facility
13    which  is  operated  by  the Department of Human Services (as
14    successor  to   the   Department   of   Mental   Health   and
15    Developmental Disabilities) or the Department of Corrections,
16    and  which provide pharmacy services to residents or patients
17    of the  facility,  as  well  as  employees,  prescribers  and
18    students of the facility.
19        Division  IV.   Licenses  for pharmacies which provide or
20    offer for sale radioactive materials.
21        Division V.  Licenses for pharmacies which hold  licenses
22    in  Division  II  or Division III which also provide pharmacy
23    services to the  general  public,  or  pharmacies  which  are
24    located in or whose primary pharmacy service is to ambulatory
25    care  facilities  or  schools of veterinary medicine or other
26    such institution or facility.
27        The Director may waive the requirement for  a  pharmacist
28    to  be on duty at all times for State facilities not treating
29    human ailments.
30        It shall be  unlawful  for  any  person,  who  is  not  a
31    licensed  pharmacy  or health care facility, to purport to be
32    such or to use in name, title, or  sign  designating,  or  in
33    connection  with  that  place  of business, any of the words:
34    "pharmacy",     "pharmacist",     "pharmacy      department",
 
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 1    "apothecary",   "druggist",   "drug",  "drugs",  "medicines",
 2    "medicine store", "drug sundries", "prescriptions filled", or
 3    any list of words indicating that  drugs  are  compounded  or
 4    sold  to  the  lay  public,  or  prescriptions  are dispensed
 5    therein.  Each day  during  which,  or  a  part  which,  such
 6    representation  is  made or appears or such a sign is allowed
 7    to  remain  upon  or  in  such  a  place  of  business  shall
 8    constitute a separate offense under this Act.
 9        The holder of any license or certificate of  registration
10    shall conspicuously display it in the pharmacy in which he is
11    engaged   in   the  practice  of  pharmacy.   The  registered
12    pharmacist in charge shall conspicuously display his name  in
13    such   pharmacy.    The   pharmacy   license  shall  also  be
14    conspicuously displayed.
15        The  Department  may  adopt  rules  regulating  staffing,
16    workloads, and working conditions in pharmacies, as it  deems
17    appropriate.
18    (Source: P.A. 89-507, eff. 7-1-97; 90-253, eff. 7-29-97.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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