[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] |
91_HB1801ham001
LRB9105700ACtmam
1 AMENDMENT TO HOUSE BILL 1801
2 AMENDMENT NO. . Amend House Bill 1801 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 3 as follows:
6 (225 ILCS 85/3) (from Ch. 111, par. 4123)
7 Sec. 3. Definitions. For the purposes purpose of this
8 Act, except where otherwise limited therein:
9 (a) "Pharmacy" or "drugstore" means and includes every
10 store, shop, pharmacy department, or other place where
11 pharmaceutical care is provided by a pharmacist (1) where
12 drugs, medicines, or poisons are dispensed, sold or offered
13 for sale at retail, or displayed for sale at retail; or (2)
14 where prescriptions of physicians, dentists, veterinarians,
15 podiatrists, or therapeutically certified optometrists,
16 within the limits of their licenses, are compounded, filled,
17 or dispensed; or (3) which has upon it or displayed within
18 it, or affixed to or used in connection with it, a sign
19 bearing the word or words "Pharmacist", "Druggist",
20 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
21 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or
22 any word or words of similar or like import, either in the
-2- LRB9105700ACtmam
1 English language or any other language; or (4) where the
2 characteristic prescription sign (Rx) or similar design is
3 exhibited; or (5) any store, or shop, or other place with
4 respect to which any of the above words, objects, signs or
5 designs are used in any advertisement.
6 (b) "Drugs" means and includes (l) articles recognized
7 in the official United States Pharmacopoeia/National
8 Formulary (USP/NF), or any supplement thereto and being
9 intended for and having for their main use the diagnosis,
10 cure, mitigation, treatment or prevention of disease in man
11 or other animals, as approved by the United States Food and
12 Drug Administration, but does not include devices or their
13 components, parts, or accessories; and (2) all other articles
14 intended for and having for their main use the diagnosis,
15 cure, mitigation, treatment or prevention of disease in man
16 or other animals, as approved by the United States Food and
17 Drug Administration, but does not include devices or their
18 components, parts, or accessories; and (3) articles (other
19 than food) having for their main use and intended to affect
20 the structure or any function of the body of man or other
21 animals; and (4) articles having for their main use and
22 intended for use as a component or any articles specified in
23 clause (l), (2) or (3); but does not include devices or their
24 components, parts or accessories.
25 (c) "Medicines" means and includes all drugs intended
26 for human or veterinary use approved by the United States
27 Food and Drug Administration.
28 (d) "Practice of pharmacy" means the provision of
29 pharmaceutical care to patients as determined by the
30 pharmacist's professional judgment in the following areas,
31 which may include but are not limited to (1) patient
32 counseling, (2) interpretation and assisting in the
33 monitoring of appropriate drug use and prospective drug
34 utilization review, (3) providing information on the
-3- LRB9105700ACtmam
1 therapeutic values, reactions, drug interactions, side
2 effects, uses, selection of medications and medical devices,
3 and outcome of drug therapy, (4) participation in drug
4 selection, drug monitoring, drug utilization review,
5 evaluation, administration, interpretation, application of
6 pharmacokinetic and laboratory data to design safe and
7 effective drug regimens, (5) drug research (clinical and
8 scientific), and (6) compounding and dispensing of drugs and
9 medical devices.
10 (e) "Prescription" means and includes any written, oral,
11 facsimile, or electronically transmitted order for drugs or
12 medical devices, issued by a physician licensed to practice
13 medicine in all its branches, dentist, veterinarian, or
14 podiatrist, or therapeutically certified optometrist, within
15 the limits of their licenses, by a physician assistant in
16 accordance with subsection (f) of Section 4, or by an
17 advanced practice nurse in accordance with subsection (g) of
18 Section 4, containing the following: (l) name of the patient;
19 (2) date when prescription was issued; (3) name and strength
20 of drug or description of the medical device prescribed; and
21 (4) quantity, (5) directions for use, (6) prescriber's name,
22 address and signature, and (7) DEA number where required, for
23 controlled substances. DEA numbers shall not be required on
24 inpatient drug orders.
25 (f) "Person" means and includes a natural person,
26 copartnership, association, corporation, government entity,
27 or any other legal entity.
28 (g) "Department" means the Department of Professional
29 Regulation.
30 (h) "Board of Pharmacy" or "Board" means the State Board
31 of Pharmacy of the Department of Professional Regulation.
32 (i) "Director" means the Director of Professional
33 Regulation.
34 (j) "Drug product selection" means the interchange for a
-4- LRB9105700ACtmam
1 prescribed pharmaceutical product in accordance with Section
2 25 of this Act and Section 3.14 of the Illinois Food, Drug
3 and Cosmetic Act.
4 (k) "Inpatient drug order" means an order issued by an
5 authorized prescriber for a resident or patient of a facility
6 licensed under the Nursing Home Care Act or the Hospital
7 Licensing Act, or "An Act in relation to the founding and
8 operation of the University of Illinois Hospital and the
9 conduct of University of Illinois health care programs",
10 approved July 3, 1931, as amended, or a facility which is
11 operated by the Department of Human Services (as successor to
12 the Department of Mental Health and Developmental
13 Disabilities) or the Department of Corrections.
14 (k-5) "Pharmacist" means an individual currently
15 licensed by this State to engage in the practice of pharmacy.
16 (l) "Pharmacist in charge" means the licensed pharmacist
17 whose name appears on a pharmacy license who is responsible
18 for all aspects of the operation related to the practice of
19 pharmacy.
20 (m) "Dispense" means the delivery of drugs and medical
21 devices, in accordance with applicable State and federal laws
22 and regulations, to the patient or the patient's
23 representative authorized to receive these products,
24 including the compounding, packaging, and labeling necessary
25 for delivery, and any recommending or advising concerning the
26 contents and therapeutic values and uses thereof. "Dispense"
27 does not mean the physical delivery to a patient or a
28 patient's representative in a home or institution by a
29 designee of a pharmacist or by common carrier. "Dispense"
30 also does not mean the physical delivery of a drug or medical
31 device to a patient or patient's representative by a
32 pharmacist's designee within a pharmacy or drugstore while
33 the pharmacist is on duty and the pharmacy is open.
34 (n) "Mail-order pharmacy" means a pharmacy that is
-5- LRB9105700ACtmam
1 located in a state of the United States, other than Illinois,
2 that delivers, dispenses or distributes, through the United
3 States Postal Service or other common carrier, to Illinois
4 residents, any substance which requires a prescription.
5 (o) "Compounding" means the preparation, mixing,
6 assembling, packaging, or labeling of a drug or medical
7 device: (1) as the result of a practitioner's prescription
8 drug order or initiative that is dispensed pursuant to a
9 prescription in the course of professional practice; or (2)
10 for the purpose of, or incident to, research, teaching, or
11 chemical analysis; or (3) in anticipation of prescription
12 drug orders based on routine, regularly observed prescribing
13 patterns.
14 (p) "Confidential information" means information,
15 maintained by the pharmacist in the patient's records,
16 released only (i) to the patient or, as the patient directs,
17 to other practitioners and other pharmacists or (ii) to any
18 other person authorized by law to receive the information.
19 (q) "Prospective drug review" or "drug utilization
20 evaluation" means a screening for potential drug therapy
21 problems due to therapeutic duplication, drug-disease
22 contraindications, drug-drug interactions (including serious
23 interactions with nonprescription or over-the-counter drugs),
24 drug-food interactions, incorrect drug dosage or duration of
25 drug treatment, drug-allergy interactions, and clinical abuse
26 or misuse.
27 (r) "Patient counseling" means the communication between
28 a pharmacist or a student pharmacist under the direct
29 supervision of a pharmacist and a patient or the patient's
30 representative about the patient's medication or device for
31 the purpose of optimizing proper use of prescription
32 medications or devices. The offer to counsel by the
33 pharmacist or the pharmacist's designee, and subsequent
34 patient counseling by the pharmacist or student pharmacist,
-6- LRB9105700ACtmam
1 shall be made in a face-to-face communication with the
2 patient or patient's representative unless, in the
3 professional judgment of the pharmacist, a face-to-face
4 communication is deemed inappropriate or unnecessary. In
5 that instance, the offer to counsel or patient counseling may
6 be made in a written communication, by telephone, or in a
7 manner determined by the pharmacist to be appropriate.
8 (s) "Patient profiles" or "patient drug therapy record"
9 means the obtaining, recording, and maintenance of patient
10 prescription and personal information.
11 (t) "Pharmaceutical care" includes, but is not limited
12 to, the act of monitoring drug use and other patient care
13 services intended to achieve outcomes that improve the
14 patient's quality of life but shall not include the sale of
15 over-the-counter drugs by a seller of goods and services who
16 does not dispense prescription drugs.
17 (u) "Medical device" means an instrument, apparatus,
18 implement, machine, contrivance, implant, in vitro reagent,
19 or other similar or related article, including any component
20 part or accessory, required under federal law to bear the
21 label "Caution: Federal law requires dispensing by or on the
22 order of a physician". A seller of goods and services who,
23 only for the purpose of retail sales, compounds, sells,
24 rents, or leases medical devices shall not, by reasons
25 thereof, be required to be a licensed pharmacy.
26 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
27 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff.
28 7-30-98; 90-742, eff. 8-13-98.)".