Public Act 096-0219
 		





SB1443 Enrolled
LRB096 08942 ASK 19080 b






    AN ACT concerning professional regulation.

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



 
    Section 5. The Hospital Licensing Act is amended  by 
changing Section 3 as follows:
 



    (210 ILCS 85/3)  (from Ch. 111 1/2, par. 144)



    Sec. 3. As used in this Act: 

    (A) "Hospital" means any institution, place, building, or 
agency, public
or private, whether organized for profit or not, 
devoted primarily to the
maintenance and operation of 
facilities for the diagnosis and treatment or
care of 2 or more 
unrelated persons admitted for overnight stay or longer
in 
order to obtain medical, including obstetric, psychiatric and 
nursing,
care of illness, disease, injury, infirmity, or 
deformity.

    The term "hospital", without regard to length of stay, 
shall also
include:


        (a) any facility which is devoted primarily to 
    providing psychiatric and
related services and programs 
    for the diagnosis and treatment or care of
2 or more 
    unrelated persons suffering from emotional or nervous 
    diseases;


        (b) all places where pregnant females are received, 
    cared for, or
treated during delivery irrespective of the 
    number of patients received.

    The term "hospital" includes general and specialized 
hospitals,
tuberculosis sanitaria, mental or psychiatric 
hospitals and sanitaria, and
includes maternity homes, 
lying-in homes, and homes for unwed mothers in
which care is 
given during delivery.

    The term "hospital" does not include:


        (1) any person or institution
required to be licensed 
    pursuant to the Nursing Home Care Act, as amended;


        (2) hospitalization or care facilities maintained by 
    the State or any
department or agency thereof, where such 
    department or agency has authority
under law to establish 
    and enforce standards for the hospitalization or
care 
    facilities under its management and control;


        (3) hospitalization or care facilities maintained by 
    the federal
government or agencies thereof;


        (4) hospitalization or care facilities maintained by 
    any university or
college established under the laws of 
    this State and supported principally
by public funds raised 
    by taxation;


        (5) any person or facility required to be licensed 
    pursuant to the
Alcoholism and Other Drug Abuse and 
    Dependency Act;


        (6) any facility operated solely by and for persons who 
    rely
exclusively upon treatment by spiritual means through 
    prayer, in accordance
with the creed or tenets of any 
    well-recognized church or religious
denomination; or


        (7) an An Alzheimer's disease management center 
    alternative health care
model licensed under the 
    Alternative Health Care Delivery Act; or .

        (8) any veterinary hospital or clinic operated by a 
    veterinarian or veterinarians licensed under the 
    Veterinary Medicine and Surgery Practice Act of 2004 or 
    maintained by a State-supported or publicly funded 
    university or college. 
    (B) "Person" means the State, and any political subdivision 
or municipal
corporation, individual, firm, partnership, 
corporation, company,
association, or joint stock association, 
or the legal successor thereof.

    (C) "Department" means the Department of Public Health of 
the State of
Illinois.

    (D) "Director" means the Director of Public Health of
the 
State of Illinois.

    (E) "Perinatal" means the period of time
between the 
conception of an
infant and the end of the first month after 
birth.

    (F) "Federally designated organ procurement agency" means 
the organ
procurement agency designated by the Secretary of the 
U.S. Department of Health
and Human Services for the service 
area in which a hospital is located; except
that in the case of 
a hospital located in a county adjacent to Wisconsin
which 
currently contracts with an organ procurement agency located in 
Wisconsin
that is not the organ procurement agency designated 
by the U.S. Secretary of
Health and Human Services for the 
service area in which the hospital is
located, if the hospital 
applies for a waiver pursuant to 42 USC
1320b-8(a), it may 
designate an organ procurement agency
located in Wisconsin to 
be thereafter deemed its federally designated organ

procurement agency for the purposes of this Act.

    (G) "Tissue bank" means any facility or program operating 
in Illinois
that is certified by the American Association of 
Tissue Banks or the Eye Bank
Association of America and is 
involved in procuring, furnishing, donating,
or distributing 
corneas, bones, or other human tissue for the purpose of

injecting, transfusing, or transplanting any of them into the 
human body.
"Tissue bank" does not include a licensed blood 
bank.  For the purposes of this
Act, "tissue" does not include 
organs.

(Source: P.A. 91-838, eff. 6-16-00.)

 
    Section 10. The Pharmacy Practice Act is amended  by 
changing Section 15 as follows:
 



    (225 ILCS 85/15)  (from Ch. 111, par. 4135)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 15. Pharmacy requirements. It shall be unlawful
for 
the owner of any pharmacy, as defined in this Act, to operate 
or conduct
the same, or to allow the same to be
operated or 
conducted, unless:

    (a) It has a licensed pharmacist, authorized to practice 
pharmacy
in this State under the provisions of this Act, on 
duty whenever the
practice of pharmacy is conducted;

    (b) Security provisions for all drugs and devices, as 
determined by
rule of the Department, are provided during the 
absence from the licensed
pharmacy of all licensed pharmacists.  
Maintenance of security provisions
is the responsibility of the 
licensed pharmacist in charge;
and

    (c) The pharmacy is licensed under this Act to conduct the 
practice of pharmacy in any and all forms from the physical 
address of the pharmacy's primary inventory where U.S. mail is 
delivered.  If a facility, company, or organization operates 
multiple pharmacies from multiple physical addresses, a 
separate pharmacy license is required for each different 
physical address
.

    (d) The Department may allow a pharmacy that is not located 
at the same location as its home pharmacy and at which pharmacy 
services are provided during an emergency situation, as defined 
by rule, to be operated as an emergency remote pharmacy.  An 
emergency remote pharmacy operating under this subsection (d) 
shall operate under the license of the home pharmacy.


    The Secretary Director may waive the requirement for a 
pharmacist to be on duty
at all times for State facilities not 
treating human ailments. This waiver of the requirement remains 
in effect until it is rescinded by the Secretary and the 
Department provides written notice of the rescission to the 
State facility. 

    It shall be unlawful for any person, who is not a licensed 
pharmacy
or health care facility, to purport to be such or to 
use in name, title,
or sign designating, or in connection with 
that place of business,
any of the words:  "pharmacy", 
"pharmacist", "pharmacy department",
"apothecary", "druggist", 
"drug", "drugs", "medicines", "medicine store",
"drug 
sundries", "prescriptions filled", or any list of words 
indicating
that drugs are compounded or sold to the lay public, 
or prescriptions
are dispensed therein.  Each day during which, 
or a part which, such
representation is made or appears or such 
a sign is allowed to remain
upon or in such a place of business 
shall constitute a separate offense
under this Act.

    The holder of any license or certificate of registration 
shall conspicuously
display it in the pharmacy in which he is 
engaged in the practice of
pharmacy.  The pharmacist in charge 
shall conspicuously
display his name in such pharmacy.  The 
pharmacy license shall also
be conspicuously displayed.

(Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)

 
    Section 15. The Illinois Controlled Substances  Act is 
amended  by changing Section 302 as follows:
 
    (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
    Sec. 302. (a) Every person who manufactures, distributes, 
or dispenses
any controlled substances, or engages in chemical 
analysis, and
instructional activities which utilize 
controlled substances,
or who purchases, stores, or 
administers euthanasia drugs, within this
State or who proposes 
to engage in the
manufacture, distribution, or dispensing of 
any controlled substance, or to
engage in chemical analysis, 
and instructional activities
which utilize controlled 
substances, or to engage in purchasing, storing, or

administering euthanasia drugs, within this State, must obtain 
a
registration issued by the Department of Professional 
Regulation in
accordance with its rules.  The rules shall

include, but not be limited to, setting the expiration date and 
renewal
period for each registration under this Act. The 
Department,
and any facility or service licensed by the 
Department, and any veterinary hospital or clinic operated by a 
veterinarian or veterinarians licensed under the Veterinary 
Medicine and Surgery Practice Act of 2004 or maintained by a 
State-supported or publicly funded university or college shall 
be exempt
from the regulation requirements of this Section.


    (b) Persons registered by the Department of Professional 
Regulation
under this Act to manufacture, distribute, or 
dispense controlled
substances, or purchase, store, or 
administer euthanasia drugs, may
possess, manufacture, 
distribute, or dispense those
substances, or purchase, store, 
or administer euthanasia drugs, to the
extent authorized by 
their registration and in conformity
with the other provisions 
of this Article.


    (c) The following persons need not register and may 
lawfully possess
controlled substances under this Act:


        (1) an agent or employee of any registered 
    manufacturer, distributor, or
dispenser of any controlled 
    substance if he is acting in the usual course
of his 
    employer's lawful business or employment;


        (2) a common or contract carrier or warehouseman, or an 
    agent or
employee thereof, whose possession of any 
    controlled substance is in the
usual lawful course of such 
    business or employment;


        (3) an ultimate user or a person in possession of any 
    controlled
substance pursuant to a lawful prescription of a 
    practitioner or in lawful
possession of a Schedule V 
    substance;


        (4) officers and employees of this State or of the 
    United States while
acting in the lawful course of their 
    official duties which requires
possession of controlled 
    substances;


        (5) a registered pharmacist who is employed in, or the 
    owner of, a
pharmacy licensed under this Act and the 
    Federal Controlled Substances Act,
at the licensed 
    location, or if he is acting in the usual course of his

    lawful profession, business, or employment.


    (d) A separate registration is required at each place of

business or professional practice where the applicant 
manufactures,
distributes, or dispenses controlled substances, 
or purchases, stores, or
administers euthanasia drugs.
Persons 
are required to obtain a separate registration for each
place 
of business or professional practice where controlled

substances are located or stored.  A separate registration is

not required for every location at which a controlled substance

may be prescribed.


    (e) The Department of Professional Regulation or the 
Department of
State Police may inspect the controlled premises, 
as defined in Section
502 of this Act, of a registrant or 
applicant for registration in
accordance with this Act and the 
rules promulgated hereunder and with regard
to persons licensed 
by the Department, in accordance with subsection (bb)
of 
Section 30-5
of the Alcoholism and Other Drug Abuse and 
Dependency Act and
the rules and
regulations promulgated 
thereunder.


(Source: P.A. 93-626, eff. 12-23-03.)

 

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