Public Act 094-0459
HB2451 Enrolled LRB094 10796 RAS 41268 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Pharmacy Practice Act of 1987 is amended by
changing Section 3 and by adding Section 41 as follows:
    (225 ILCS 85/3)  (from Ch. 111, par. 4123)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
    (a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmaceutical care is provided by a pharmacist (1) where
drugs, medicines, or poisons are dispensed, sold or offered for
sale at retail, or displayed for sale at retail; or (2) where
prescriptions of physicians, dentists, veterinarians,
podiatrists, or therapeutically certified optometrists, within
the limits of their licenses, are compounded, filled, or
dispensed; or (3) which has upon it or displayed within it, or
affixed to or used in connection with it, a sign bearing the
word or words "Pharmacist", "Druggist", "Pharmacy",
"Pharmaceutical Care", "Apothecary", "Drugstore", "Medicine
Store", "Prescriptions", "Drugs", "Medicines", or any word or
words of similar or like import, either in the English language
or any other language; or (4) where the characteristic
prescription sign (Rx) or similar design is exhibited; or (5)
any store, or shop, or other place with respect to which any of
the above words, objects, signs or designs are used in any
    (b) "Drugs" means and includes (l) articles recognized in
the official United States Pharmacopoeia/National Formulary
(USP/NF), or any supplement thereto and being intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration, but
does not include devices or their components, parts, or
accessories; and (2) all other articles intended for and having
for their main use the diagnosis, cure, mitigation, treatment
or prevention of disease in man or other animals, as approved
by the United States Food and Drug Administration, but does not
include devices or their components, parts, or accessories; and
(3) articles (other than food) having for their main use and
intended to affect the structure or any function of the body of
man or other animals; and (4) articles having for their main
use and intended for use as a component or any articles
specified in clause (l), (2) or (3); but does not include
devices or their components, parts or accessories.
    (c) "Medicines" means and includes all drugs intended for
human or veterinary use approved by the United States Food and
Drug Administration.
    (d) "Practice of pharmacy" means the provision of
pharmaceutical care to patients as determined by the
pharmacist's professional judgment in the following areas,
which may include but are not limited to (1) patient
counseling, (2) interpretation and assisting in the monitoring
of appropriate drug use and prospective drug utilization
review, (3) providing information on the therapeutic values,
reactions, drug interactions, side effects, uses, selection of
medications and medical devices, and outcome of drug therapy,
(4) participation in drug selection, drug monitoring, drug
utilization review, evaluation, administration,
interpretation, application of pharmacokinetic and laboratory
data to design safe and effective drug regimens, (5) drug
research (clinical and scientific), and (6) compounding and
dispensing of drugs and medical devices.
    (e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, or
podiatrist, or therapeutically certified optometrist, within
the limits of their licenses, by a physician assistant in
accordance with subsection (f) of Section 4, or by an advanced
practice nurse in accordance with subsection (g) of Section 4,
containing the following: (l) name of the patient; (2) date
when prescription was issued; (3) name and strength of drug or
description of the medical device prescribed; and (4) quantity,
(5) directions for use, (6) prescriber's name, address and
signature, and (7) DEA number where required, for controlled
substances. DEA numbers shall not be required on inpatient drug
    (f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity, or
any other legal entity.
    (g) "Department" means the Department of Professional
    (h) "Board of Pharmacy" or "Board" means the State Board of
Pharmacy of the Department of Professional Regulation.
    (i) "Director" means the Director of Professional
    (j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
    (k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act or the Hospital
Licensing Act, or "An Act in relation to the founding and
operation of the University of Illinois Hospital and the
conduct of University of Illinois health care programs",
approved July 3, 1931, as amended, or a facility which is
operated by the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
    (k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
    (l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is responsible
for all aspects of the operation related to the practice of
    (m) "Dispense" means the delivery of drugs and medical
devices, in accordance with applicable State and federal laws
and regulations, to the patient or the patient's representative
authorized to receive these products, including the
preparation, compounding, packaging, and labeling necessary
for delivery, computer entry, and verification of medication
orders and prescriptions, and any recommending or advising
concerning the contents and therapeutic values and uses
thereof. "Dispense" does not mean the physical delivery to a
patient or a patient's representative in a home or institution
by a designee of a pharmacist or by common carrier. "Dispense"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
    (n) "Mail-order pharmacy" means a pharmacy that is located
in a state of the United States, other than Illinois, that
delivers, dispenses or distributes, through the United States
Postal Service or other common carrier, to Illinois residents,
any substance which requires a prescription.
    (o) "Compounding" means the preparation, mixing,
assembling, packaging, or labeling of a drug or medical device:
(1) as the result of a practitioner's prescription drug order
or initiative that is dispensed pursuant to a prescription in
the course of professional practice; or (2) for the purpose of,
or incident to, research, teaching, or chemical analysis; or
(3) in anticipation of prescription drug orders based on
routine, regularly observed prescribing patterns.
    (p) "Confidential information" means information,
maintained by the pharmacist in the patient's records, released
only (i) to the patient or, as the patient directs, to other
practitioners and other pharmacists or (ii) to any other person
authorized by law to receive the information.
    (q) "Prospective drug review" or "drug utilization
evaluation" means a screening for potential drug therapy
problems due to therapeutic duplication, drug-disease
contraindications, drug-drug interactions (including serious
interactions with nonprescription or over-the-counter drugs),
drug-food interactions, incorrect drug dosage or duration of
drug treatment, drug-allergy interactions, and clinical abuse
or misuse.
    (r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the direct supervision
of a pharmacist and a patient or the patient's representative
about the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.
The offer to counsel by the pharmacist or the pharmacist's
designee, and subsequent patient counseling by the pharmacist
or student pharmacist, shall be made in a face-to-face
communication with the patient or patient's representative
unless, in the professional judgment of the pharmacist, a
face-to-face communication is deemed inappropriate or
unnecessary. In that instance, the offer to counsel or patient
counseling may be made in a written communication, by
telephone, or in a manner determined by the pharmacist to be
    (s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
    (t) "Pharmaceutical care" includes, but is not limited to,
the act of monitoring drug use and other patient care services
intended to achieve outcomes that improve the patient's quality
of life but shall not include the sale of over-the-counter
drugs by a seller of goods and services who does not dispense
prescription drugs.
    (u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent, or
other similar or related article, including any component part
or accessory, required under federal law to bear the label
"Caution: Federal law requires dispensing by or on the order of
a physician". A seller of goods and services who, only for the
purpose of retail sales, compounds, sells, rents, or leases
medical devices shall not, by reasons thereof, be required to
be a licensed pharmacy.
    (v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other
acceptable individual biometric or electronic identification
process as approved by the Department.
    (w) "Current usual and customary retail price" means the
actual price that a pharmacy charges a retail purchaser.
(Source: P.A. 92-880, eff. 1-1-04; 93-571, eff. 8-20-03;
93-1075, eff. 1-18-05.)
    (225 ILCS 85/41 new)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 41. Current usual and customary retail price
disclosure. Upon request, a pharmacy must disclose the current
usual and customary retail price of any brand or generic
prescription drug or medical device that the pharmacy offers
for sale to the public. This disclosure requirement applies
only to requests made in person or by telephone for the prices
of no more than 10 prescription drugs or medical devices for
which the person making the request has a prescription. Prices
quoted are for informational purposes only and are valid only
on the day of inquiry. The requests must specify the name,
strength and quantity of the prescription drug.

Effective Date: 1/1/2006