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| [ Introduced ] | [ House Amendment 001 ] |
91_HB1801eng HB1801 Engrossed 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 purposespurposeof this 9 Act, except 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 HB1801 Engrossed -2- LRB9105700ACtm 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 HB1801 Engrossed -3- LRB9105700ACtm 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 HB1801 Engrossed -4- LRB9105700ACtm 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 that delivers, dispenses or distributes, through the United 29 States Postal Service or other common carrier, to Illinois 30 residents, any substance which requires a prescription. 31 (o) "Compounding" means the preparation, mixing, 32 assembling, packaging, or labeling of a drug or medical 33 device: (1) as the result of a practitioner's prescription 34 drug order or initiative that is dispensed pursuant to a HB1801 Engrossed -5- LRB9105700ACtm 1 prescription in the course of professional practice; or (2) 2 for the purpose of, or incident to, research, teaching, or 3 chemical analysis; or (3) in anticipation of prescription 4 drug orders based on routine, regularly observed prescribing 5 patterns. 6 (p) "Confidential information" means information, 7 maintained by the pharmacist in the patient's records, 8 released only (i) to the patient or, as the patient directs, 9 to other practitioners and other pharmacists or (ii) to any 10 other person authorized by law to receive the information. 11 (q) "Prospective drug review" or "drug utilization 12 evaluation" means a screening for potential drug therapy 13 problems due to therapeutic duplication, drug-disease 14 contraindications, drug-drug interactions (including serious 15 interactions with nonprescription or over-the-counter drugs), 16 drug-food interactions, incorrect drug dosage or duration of 17 drug treatment, drug-allergy interactions, and clinical abuse 18 or misuse. 19 (r) "Patient counseling" means the communication between 20 a pharmacist or a student pharmacist under the direct 21 supervision of a pharmacist and a patient or the patient's 22 representative about the patient's medication or device for 23 the purpose of optimizing proper use of prescription 24 medications or devices. The offer to counsel by the 25 pharmacist or the pharmacist's designee, and subsequent 26 patient counseling by the pharmacist or student pharmacist, 27 shall be made in a face-to-face communication with the 28 patient or patient's representative unless, in the 29 professional judgment of the pharmacist, a face-to-face 30 communication is deemed inappropriate or unnecessary. In 31 that instance, the offer to counsel or patient counseling may 32 be made in a written communication, by telephone, or in a 33 manner determined by the pharmacist to be appropriate. 34 (s) "Patient profiles" or "patient drug therapy record" HB1801 Engrossed -6- LRB9105700ACtm 1 means the obtaining, recording, and maintenance of patient 2 prescription and personal information. 3 (t) "Pharmaceutical care" includes, but is not limited 4 to, the act of monitoring drug use and other patient care 5 services intended to achieve outcomes that improve the 6 patient's quality of life but shall not include the sale of 7 over-the-counter drugs by a seller of goods and services who 8 does not dispense prescription drugs. 9 (u) "Medical device" means an instrument, apparatus, 10 implement, machine, contrivance, implant, in vitro reagent, 11 or other similar or related article, including any component 12 part or accessory, required under federal law to bear the 13 label "Caution: Federal law requires dispensing by or on the 14 order of a physician". A seller of goods and services who, 15 only for the purpose of retail sales, compounds, sells, 16 rents, or leases medical devices shall not, by reasons 17 thereof, be required to be a licensed pharmacy. 18 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97; 19 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff. 20 7-30-98; 90-742, eff. 8-13-98.)