State of Illinois
92nd General Assembly

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 1        AN ACT concerning pharmacists.

 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 Sections 3 and 8 as follows:

 6        (225 ILCS 85/3) (from Ch. 111, par. 4123)
 7        (Section scheduled to be repealed on January 1, 2008)
 8        Sec. 3. Definitions.  For the purpose of this Act, except
 9    where otherwise limited therein:
10        (a)  "Pharmacy"  or  "drugstore" means and includes every
11    store,  shop,  pharmacy  department,  or  other  place  where
12    pharmaceutical care is provided by  a  pharmacist  (1)  where
13    drugs,  medicines,  or poisons are dispensed, sold or offered
14    for sale at retail, or displayed for sale at retail;  or  (2)
15    where  prescriptions  of physicians, dentists, veterinarians,
16    podiatrists,  or  therapeutically   certified   optometrists,
17    within  the limits of their licenses, are compounded, filled,
18    or dispensed; or (3) which has upon it  or  displayed  within
19    it,  or  affixed  to  or  used  in connection with it, a sign
20    bearing  the  word   or   words   "Pharmacist",   "Druggist",
21    "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
22    "Medicine  Store",  "Prescriptions", "Drugs", "Medicines", or
23    any word or words of similar or like import,  either  in  the
24    English  language  or  any  other  language; or (4) where the
25    characteristic prescription sign (Rx) or  similar  design  is
26    exhibited;  or  (5)  any  store, or shop, or other place with
27    respect to which any of the above words,  objects,  signs  or
28    designs are used in any advertisement.
29        (b)  "Drugs"  means  and includes (l) articles recognized
30    in  the   official   United   States   Pharmacopoeia/National
31    Formulary  (USP/NF),  or  any  supplement  thereto  and being
                            -2-                LRB9215598ACcd
 1    intended for and having for their  main  use  the  diagnosis,
 2    cure,  mitigation,  treatment or prevention of disease in man
 3    or other animals, as approved by the United States  Food  and
 4    Drug  Administration,  but  does not include devices or their
 5    components, parts, or accessories; and (2) all other articles
 6    intended for and having for their  main  use  the  diagnosis,
 7    cure,  mitigation,  treatment or prevention of disease in man
 8    or other animals, as approved by the United States  Food  and
 9    Drug  Administration,  but  does not include devices or their
10    components, parts, or accessories; and  (3)  articles  (other
11    than  food)  having for their main use and intended to affect
12    the structure or any function of the body  of  man  or  other
13    animals;  and  (4)  articles  having  for  their main use and
14    intended for use as a component or any articles specified  in
15    clause (l), (2) or (3); but does not include devices or their
16    components, parts or accessories.
17        (c)  "Medicines"  means  and  includes all drugs intended
18    for human or veterinary use approved  by  the  United  States
19    Food and Drug Administration.
20        (d)  "Practice   of  pharmacy"  means  the  provision  of
21    pharmaceutical  care  to  patients  as  determined   by   the
22    pharmacist's  professional  judgment  in the following areas,
23    which  may  include  but  are  not  limited  to  (1)  patient
24    counseling,  (2)  interpretation   and   assisting   in   the
25    monitoring  of  appropriate  drug  use  and  prospective drug
26    utilization  review,  (3)  providing   information   on   the
27    therapeutic   values,   reactions,  drug  interactions,  side
28    effects, uses, selection of medications and medical  devices,
29    and  outcome  of  drug  therapy,  (4)  participation  in drug
30    selection,  drug   monitoring,   drug   utilization   review,
31    evaluation,  administration,  interpretation,  application of
32    pharmacokinetic  and  laboratory  data  to  design  safe  and
33    effective drug regimens,  (5)  drug  research  (clinical  and
34    scientific),  and (6) compounding and dispensing of drugs and
                            -3-                LRB9215598ACcd
 1    medical devices.
 2        (e)  "Prescription" means and includes any written, oral,
 3    facsimile, or electronically transmitted order for  drugs  or
 4    medical  devices,  issued by a physician licensed to practice
 5    medicine in  all  its  branches,  dentist,  veterinarian,  or
 6    podiatrist,  or therapeutically certified optometrist, within
 7    the  limits  of  their  licenses, by a physician assistant in
 8    accordance with  subsection  (f)  of  Section  4,  or  by  an
 9    advanced  practice nurse in accordance with subsection (g) of
10    Section 4, containing the following: (l) name of the patient;
11    (2) date when prescription was issued; (3) name and  strength
12    of  drug or description of the medical device prescribed; and
13    (4) quantity, (5) directions for use, (6) prescriber's  name,
14    address and signature, and (7) DEA number where required, for
15    controlled  substances.  DEA numbers shall not be required on
16    inpatient drug orders.
17        (f)  "Person"  means  and  includes  a  natural   person,
18    copartnership,  association,  corporation, government entity,
19    or any other legal entity.
20        (g)  "Department" means the  Department  of  Professional
21    Regulation.
22        (h)  "Board of Pharmacy" or "Board" means the State Board
23    of Pharmacy of the Department of Professional Regulation.
24        (i)  "Director"   means   the  Director  of  Professional
25    Regulation.
26        (j)  "Drug product selection" means the interchange for a
27    prescribed pharmaceutical product in accordance with  Section
28    25  of  this  Act and Section 3.14 of the Illinois Food, Drug
29    and Cosmetic Act.
30        (k)  "Inpatient drug order" means an order issued  by  an
31    authorized prescriber for a resident or patient of a facility
32    licensed  under  the  Nursing  Home  Care Act or the Hospital
33    Licensing Act, or "An Act in relation  to  the  founding  and
34    operation  of  the  University  of  Illinois Hospital and the
                            -4-                LRB9215598ACcd
 1    conduct of University  of  Illinois  health  care  programs",
 2    approved  July  3,  1931,  as amended, or a facility which is
 3    operated by the Department of Human Services (as successor to
 4    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    or  in  Canada  that  delivers,  dispenses,  or  distributes,
29    through the United States  Postal  Service  or  other  common
30    carrier,  to Illinois residents, any substance which requires
31    a prescription.
32        (o)  "Compounding"   means   the   preparation,   mixing,
33    assembling, packaging, or  labeling  of  a  drug  or  medical
34    device:  (1)  as  the result of a practitioner's prescription
                            -5-                LRB9215598ACcd
 1    drug order or initiative that  is  dispensed  pursuant  to  a
 2    prescription  in  the course of professional practice; or (2)
 3    for the purpose of, or incident to,  research,  teaching,  or
 4    chemical  analysis;  or  (3)  in anticipation of prescription
 5    drug orders based on routine, regularly observed  prescribing
 6    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 authorized by law to receive the information.
12        (q)  "Prospective  drug  review"  or  "drug   utilization
13    evaluation"  means  a  screening  for  potential drug therapy
14    problems  due  to   therapeutic   duplication,   drug-disease
15    contraindications,  drug-drug interactions (including serious
16    interactions with nonprescription or over-the-counter drugs),
17    drug-food interactions, incorrect drug dosage or duration  of
18    drug treatment, drug-allergy interactions, and clinical abuse
19    or misuse.
20        (r)  "Patient counseling" means the communication between
21    a  pharmacist  or  a  student  pharmacist  under  the  direct
22    supervision  of  a  pharmacist and a patient or the patient's
23    representative about the patient's medication or  device  for
24    the   purpose   of  optimizing  proper  use  of  prescription
25    medications  or  devices.   The  offer  to  counsel  by   the
26    pharmacist  or  the  pharmacist's  designee,  and  subsequent
27    patient  counseling  by the pharmacist or student pharmacist,
28    shall be  made  in  a  face-to-face  communication  with  the
29    patient   or   patient's   representative   unless,   in  the
30    professional  judgment  of  the  pharmacist,  a  face-to-face
31    communication is deemed  inappropriate  or  unnecessary.   In
32    that instance, the offer to counsel or patient counseling may
33    be  made  in  a  written communication, by telephone, or in a
34    manner determined by the pharmacist to be appropriate.
                            -6-                LRB9215598ACcd
 1        (s)  "Patient profiles" or "patient drug therapy  record"
 2    means  the  obtaining,  recording, and maintenance of patient
 3    prescription and personal information.
 4        (t)  "Pharmaceutical care" includes, but is  not  limited
 5    to,  the  act  of  monitoring drug use and other patient care
 6    services  intended  to  achieve  outcomes  that  improve  the
 7    patient's quality of life but shall not include the  sale  of
 8    over-the-counter  drugs by a seller of goods and services who
 9    does not dispense prescription drugs.
10        (u)  "Medical device"  means  an  instrument,  apparatus,
11    implement,  machine,  contrivance, implant, in vitro reagent,
12    or other similar or related article, including any  component
13    part  or  accessory,  required  under federal law to bear the
14    label "Caution: Federal law requires dispensing by or on  the
15    order  of  a  physician". A seller of goods and services who,
16    only for the  purpose  of  retail  sales,  compounds,  sells,
17    rents,  or  leases  medical  devices  shall  not,  by reasons
18    thereof, be required to be a licensed pharmacy.
19    (Source: P.A. 89-202,  eff.  7-21-95;  89-507,  eff.  7-1-97;
20    90-116,  eff.  7-14-97;  90-253,  eff.  7-29-97; 90-655, eff.
21    7-30-98; 90-742, eff. 8-13-98.)

22        (225 ILCS 85/8) (from Ch. 111, par. 4128)
23        (Section scheduled to be repealed on January 1, 2008)
24        Sec. 8.  The Department may, in its  discretion,  license
25    as  a  pharmacist,  without  examination,  on  payment of the
26    required fee, an applicant who is so licensed under the  laws
27    of  another U.S. jurisdiction, Canada, or another country, if
28    the requirements for licensure in the other  jurisdiction  in
29    which  the  applicant  was licensed, were, at the date of his
30    licensure deemed by the Board to be substantially  equivalent
31    to the requirements then in force in this State.
32    (Source: P.A. 85-796.)

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