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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB1801
LRB9105700ACtm
1 AN ACT to amend the Pharmacy Practice Act of 1987 by
2 changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Pharmacy Practice Act of 1987 is amended
6 by changing Section 3 as follows:
7 (225 ILCS 85/3) (from Ch. 111, par. 4123)
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
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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) initiation, monitoring, and
34 modification of drug therapy within a collaborative drug
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1 therapy management protocol agreement with a physician or
2 other practitioner licensed to independently prescribe
3 medications within the State of Illinois, (6) drug research
4 (clinical and scientific), and (7) (6) compounding and
5 dispensing of drugs and medical devices.
6 (e) "Prescription" means and includes any written, oral,
7 facsimile, or electronically transmitted order for drugs or
8 medical devices, issued by a physician licensed to practice
9 medicine in all its branches, dentist, veterinarian, or
10 podiatrist, or therapeutically certified optometrist, within
11 the limits of their licenses, by a physician assistant in
12 accordance with subsection (f) of Section 4, or by an
13 advanced practice nurse in accordance with subsection (g) of
14 Section 4, containing the following: (l) name of the patient;
15 (2) date when prescription was issued; (3) name and strength
16 of drug or description of the medical device prescribed; and
17 (4) quantity, (5) directions for use, (6) prescriber's name,
18 address and signature, and (7) DEA number where required, for
19 controlled substances. DEA numbers shall not be required on
20 inpatient drug orders.
21 (f) "Person" means and includes a natural person,
22 copartnership, association, corporation, government entity,
23 or any other legal entity.
24 (g) "Department" means the Department of Professional
25 Regulation.
26 (h) "Board of Pharmacy" or "Board" means the State Board
27 of Pharmacy of the Department of Professional Regulation.
28 (i) "Director" means the Director of Professional
29 Regulation.
30 (j) "Drug product selection" means the interchange for a
31 prescribed pharmaceutical product in accordance with Section
32 25 of this Act and Section 3.14 of the Illinois Food, Drug
33 and Cosmetic Act.
34 (k) "Inpatient drug order" means an order issued by an
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1 authorized prescriber for a resident or patient of a facility
2 licensed under the Nursing Home Care Act or the Hospital
3 Licensing Act, or "An Act in relation to the founding and
4 operation of the University of Illinois Hospital and the
5 conduct of University of Illinois health care programs",
6 approved July 3, 1931, as amended, or a facility which is
7 operated by the Department of Human Services (as successor to
8 the Department of Mental Health and Developmental
9 Disabilities) or the Department of Corrections.
10 (k-5) "Pharmacist" means an individual currently
11 licensed by this State to engage in the practice of pharmacy.
12 (l) "Pharmacist in charge" means the licensed pharmacist
13 whose name appears on a pharmacy license who is responsible
14 for all aspects of the operation related to the practice of
15 pharmacy.
16 (m) "Dispense" means the delivery of drugs and medical
17 devices, in accordance with applicable State and federal laws
18 and regulations, to the patient or the patient's
19 representative authorized to receive these products,
20 including the compounding, packaging, and labeling necessary
21 for delivery, and any recommending or advising concerning the
22 contents and therapeutic values and uses thereof. "Dispense"
23 does not mean the physical delivery to a patient or a
24 patient's representative in a home or institution by a
25 designee of a pharmacist or by common carrier. "Dispense"
26 also does not mean the physical delivery of a drug or medical
27 device to a patient or patient's representative by a
28 pharmacist's designee within a pharmacy or drugstore while
29 the pharmacist is on duty and the pharmacy is open.
30 (n) "Mail-order pharmacy" means a pharmacy that is
31 located in a state of the United States, other than Illinois,
32 that delivers, dispenses or distributes, through the United
33 States Postal Service or other common carrier, to Illinois
34 residents, any substance which requires a prescription.
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1 (o) "Compounding" means the preparation, mixing,
2 assembling, packaging, or labeling of a drug or medical
3 device: (1) as the result of a practitioner's prescription
4 drug order or initiative that is dispensed pursuant to a
5 prescription in the course of professional practice; or (2)
6 for the purpose of, or incident to, research, teaching, or
7 chemical analysis; or (3) in anticipation of prescription
8 drug orders based on routine, regularly observed prescribing
9 patterns.
10 (p) "Confidential information" means information,
11 maintained by the pharmacist in the patient's records,
12 released only (i) to the patient or, as the patient directs,
13 to other practitioners and other pharmacists or (ii) to any
14 other person authorized by law to receive the information.
15 (q) "Prospective drug review" or "drug utilization
16 evaluation" means a screening for potential drug therapy
17 problems due to therapeutic duplication, drug-disease
18 contraindications, drug-drug interactions (including serious
19 interactions with nonprescription or over-the-counter drugs),
20 drug-food interactions, incorrect drug dosage or duration of
21 drug treatment, drug-allergy interactions, and clinical abuse
22 or misuse.
23 (r) "Patient counseling" means the communication between
24 a pharmacist or a student pharmacist under the direct
25 supervision of a pharmacist and a patient or the patient's
26 representative about the patient's medication or device for
27 the purpose of optimizing proper use of prescription
28 medications or devices. The offer to counsel by the
29 pharmacist or the pharmacist's designee, and subsequent
30 patient counseling by the pharmacist or student pharmacist,
31 shall be made in a face-to-face communication with the
32 patient or patient's representative unless, in the
33 professional judgment of the pharmacist, a face-to-face
34 communication is deemed inappropriate or unnecessary. In
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1 that instance, the offer to counsel or patient counseling may
2 be made in a written communication, by telephone, or in a
3 manner determined by the pharmacist to be appropriate.
4 (s) "Patient profiles" or "patient drug therapy record"
5 means the obtaining, recording, and maintenance of patient
6 prescription and personal information.
7 (t) "Pharmaceutical care" includes, but is not limited
8 to, the act of monitoring drug use and other patient care
9 services intended to achieve outcomes that improve the
10 patient's quality of life but shall not include the sale of
11 over-the-counter drugs by a seller of goods and services who
12 does not dispense prescription drugs.
13 (u) "Medical device" means an instrument, apparatus,
14 implement, machine, contrivance, implant, in vitro reagent,
15 or other similar or related article, including any component
16 part or accessory, required under federal law to bear the
17 label "Caution: Federal law requires dispensing by or on the
18 order of a physician". A seller of goods and services who,
19 only for the purpose of retail sales, compounds, sells,
20 rents, or leases medical devices shall not, by reasons
21 thereof, be required to be a licensed pharmacy.
22 (v) "Collaborative drug therapy management protocol
23 agreement" means the management of a patient's drug therapy
24 by a pharmacist and physician or practitioner licensed to
25 independently prescribe medication in Illinois, who have
26 mutually established medication treatment protocols. Both the
27 physician or other practitioner and the pharmacist must agree
28 to all the terms of the collaborative agreement, which shall
29 clearly delineate roles and responsibilities for patient
30 care. Protocols established within a collaborative drug
31 therapy management protocol agreement must be available for
32 inspection upon request by agents of the Department of
33 Professional Regulation.
34 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
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1 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff.
2 7-30-98; 90-742, eff. 8-13-98.)