093_SB0109sam001
LRB093 03409 AMC 12716 a
1 AMENDMENT TO SENATE BILL 109
2 AMENDMENT NO. . Amend Senate Bill 109 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 Section 10 as follows:
6 (225 ILCS 85/10) (from Ch. 111, par. 4130)
7 (Section scheduled to be repealed on January 1, 2008)
8 (Text of Section before amendment by P.A. 92-880)
9 Sec. 10. State Board of Pharmacy. There is created in the
10 Department the State Board of Pharmacy. It shall consist of
11 9 members, 7 of whom shall be licensed pharmacists. Each of
12 those 7 members must be a licensed pharmacist in good
13 standing in this State, a graduate of an accredited college
14 of pharmacy or hold a Bachelor of Science degree in Pharmacy
15 and have at least 5 years' practical experience in the
16 practice of pharmacy subsequent to the date of his licensure
17 as a licensed pharmacist in the State of Illinois. There
18 shall be 2 public members, who shall be voting members, who
19 shall not be licensed pharmacists in this State or any other
20 state.
21 Each member shall be appointed by the Governor.
22 The terms of all members serving as of March 31, 1999
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1 shall expire on that date. The Governor shall appoint 3
2 persons to serve one-year terms, 3 persons to serve 3-year
3 terms, and 3 persons to serve 5-year terms to begin April 1,
4 1999. Otherwise, members shall be appointed to 5 year terms.
5 No member shall be eligible to serve more than 12 consecutive
6 years.
7 In making the appointment of members on the Board, the
8 Governor shall give due consideration to recommendations by
9 the members of the profession of pharmacy and by
10 pharmaceutical organizations therein. The Governor shall
11 notify the pharmaceutical organizations promptly of any
12 vacancy of members on the Board and in appointing members
13 shall give consideration to individuals engaged in all types
14 and settings of pharmacy practice. In filling the first
15 vacancy to occur after the effective date of this amendatory
16 Act of the 93rd General Assembly, the Governor shall appoint
17 a pharmacist who serves as a hospital pharmacist.
18 The Governor may remove any member of the Board for
19 misconduct, incapacity or neglect of duty and he shall be the
20 sole judge of the sufficiency of the cause for removal.
21 Every person appointed a member of the Board shall take
22 and subscribe the constitutional oath of office and file it
23 with the Secretary of State. Each member of the Board shall
24 be reimbursed for such actual and legitimate expenses as he
25 may incur in going to and from the place of meeting and
26 remaining thereat during sessions of the Board. In addition,
27 each member of the Board shall receive a per diem payment in
28 an amount determined from time to time by the Director for
29 attendance at meetings of the Board and conducting other
30 official business of the Board.
31 The Board shall hold quarterly meetings and an annual
32 meeting in January of each year and such other meetings at
33 such times and places and upon such notice as the Board may
34 determine and as its business may require. Five members of
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1 the Board shall constitute a quorum for the transaction of
2 business. The Director shall appoint a pharmacy coordinator,
3 who shall be someone other than a member of the Board. The
4 pharmacy coordinator shall be a registered pharmacist in good
5 standing in this State, shall be a graduate of an accredited
6 college of pharmacy, or hold at a minimum a Bachelor of
7 Science degree in Pharmacy and shall have at least 5 years'
8 experience in the practice of pharmacy immediately prior to
9 his appointment. The pharmacy coordinator shall be the
10 executive administrator and the chief enforcement officer of
11 the Pharmacy Practice Act of 1987.
12 The Board shall exercise the rights, powers and duties
13 which have been vested in the Board under this Act, and any
14 other duties conferred upon the Board by law.
15 The Director shall, in conformity with the Personnel
16 Code, employ not less than 7 pharmacy investigators and 2
17 pharmacy supervisors. Each pharmacy investigator and each
18 supervisor shall be a registered pharmacist in good standing
19 in this State, and shall be a graduate of an accredited
20 college of pharmacy and have at least 5 years of experience
21 in the practice of pharmacy. The Department shall also
22 employ at least one attorney who is a pharmacist to prosecute
23 violations of this Act and its rules. The Department may, in
24 conformity with the Personnel Code, employ such clerical and
25 other employees as are necessary to carry out the duties of
26 the Board.
27 The duly authorized pharmacy investigators of the
28 Department shall have the right to enter and inspect during
29 business hours any pharmacy or any other place in the State
30 of Illinois holding itself out to be a pharmacy where
31 medicines or drugs or drug products or proprietary medicines
32 are sold, offered for sale, exposed for sale, or kept for
33 sale. The pharmacy investigators shall be the only
34 Department investigators authorized to inspect, investigate,
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1 and monitor probation compliance of pharmacists and
2 pharmacies.
3 (Source: P.A. 91-827, eff. 6-13-00; 92-651, eff. 7-11-02.)
4 (Text of Section after amendment by P.A. 92-880)
5 Sec. 10. State Board of Pharmacy. There is created in the
6 Department the State Board of Pharmacy. It shall consist of
7 9 members, 7 of whom shall be licensed pharmacists. Each of
8 those 7 members must be a licensed pharmacist in good
9 standing in this State, a graduate of an accredited college
10 of pharmacy or hold a Bachelor of Science degree in Pharmacy
11 and have at least 5 years' practical experience in the
12 practice of pharmacy subsequent to the date of his licensure
13 as a licensed pharmacist in the State of Illinois. There
14 shall be 2 public members, who shall be voting members, who
15 shall not be licensed pharmacists in this State or any other
16 state.
17 Each member shall be appointed by the Governor.
18 The terms of all members serving as of March 31, 1999
19 shall expire on that date. The Governor shall appoint 3
20 persons to serve one-year terms, 3 persons to serve 3-year
21 terms, and 3 persons to serve 5-year terms to begin April 1,
22 1999. Otherwise, members shall be appointed to 5 year terms.
23 No member shall be eligible to serve more than 12 consecutive
24 years.
25 In making the appointment of members on the Board, the
26 Governor shall give due consideration to recommendations by
27 the members of the profession of pharmacy and by
28 pharmaceutical organizations therein. The Governor shall
29 notify the pharmaceutical organizations promptly of any
30 vacancy of members on the Board and in appointing members
31 shall give consideration to individuals engaged in all types
32 and settings of pharmacy practice. In filling the first
33 vacancy to occur after the effective date of this amendatory
34 Act of the 93rd General Assembly, the Governor shall appoint
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1 a pharmacist who serves as a hospital pharmacist.
2 The Governor may remove any member of the Board for
3 misconduct, incapacity or neglect of duty and he shall be the
4 sole judge of the sufficiency of the cause for removal.
5 Every person appointed a member of the Board shall take
6 and subscribe the constitutional oath of office and file it
7 with the Secretary of State. Each member of the Board shall
8 be reimbursed for such actual and legitimate expenses as he
9 may incur in going to and from the place of meeting and
10 remaining thereat during sessions of the Board. In addition,
11 each member of the Board shall receive a per diem payment in
12 an amount determined from time to time by the Director for
13 attendance at meetings of the Board and conducting other
14 official business of the Board.
15 The Board shall hold quarterly meetings and an annual
16 meeting in January of each year and such other meetings at
17 such times and places and upon such notice as the Board may
18 determine and as its business may require. Five members of
19 the Board shall constitute a quorum for the transaction of
20 business. The Director shall appoint a pharmacy coordinator,
21 who shall be someone other than a member of the Board. The
22 pharmacy coordinator shall be a registered pharmacist in good
23 standing in this State, shall be a graduate of an accredited
24 college of pharmacy, or hold at a minimum a Bachelor of
25 Science degree in Pharmacy and shall have at least 5 years'
26 experience in the practice of pharmacy immediately prior to
27 his appointment. The pharmacy coordinator shall be the
28 executive administrator and the chief enforcement officer of
29 the Pharmacy Practice Act of 1987.
30 The Board shall exercise the rights, powers and duties
31 which have been vested in the Board under this Act, and any
32 other duties conferred upon the Board by law.
33 The Director shall, in conformity with the Personnel
34 Code, employ not less than 7 pharmacy investigators and 2
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1 pharmacy supervisors. Each pharmacy investigator and each
2 supervisor shall be a registered pharmacist in good standing
3 in this State, and shall be a graduate of an accredited
4 college of pharmacy and have at least 5 years of experience
5 in the practice of pharmacy. The Department shall also
6 employ at least one attorney who is a pharmacist to prosecute
7 violations of this Act and its rules. The Department may, in
8 conformity with the Personnel Code, employ such clerical and
9 other employees as are necessary to carry out the duties of
10 the Board.
11 The duly authorized pharmacy investigators of the
12 Department shall have the right to enter and inspect during
13 business hours any pharmacy or any other place in the State
14 of Illinois holding itself out to be a pharmacy where
15 medicines or drugs or drug products or proprietary medicines
16 are sold, offered for sale, exposed for sale, or kept for
17 sale. The pharmacy investigators shall be the only
18 Department investigators authorized to inspect, investigate,
19 and monitor probation compliance of pharmacists, pharmacies,
20 and pharmacy technicians.
21 (Source: P.A. 91-827, eff. 6-13-00; 92-651, eff. 7-11-02;
22 92-880, eff. 1-1-04.)
23 Section 95. No acceleration or delay. Where this Act
24 makes changes in a statute that is represented in this Act by
25 text that is not yet or no longer in effect (for example, a
26 Section represented by multiple versions), the use of that
27 text does not accelerate or delay the taking effect of (i)
28 the changes made by this Act or (ii) provisions derived from
29 any other Public Act.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.".